As used in this part:

1. (1) "529 savings account" means a tax-advantaged method of saving for higher education costs that:

   1. (a) meets the requirements of Section 529, Internal Revenue Code; and
   2. (b) is managed by the plan.

2. (2) "Beneficiary" means the individual designated:

   1. (a) in a 529 savings account agreement between a person, an estate, or a trust and the plan; and
   2. (b) to benefit from the amount saved in a 529 savings account.
3. (3) "Commission" means the State Tax Commission.
4. (4) "Deposit" means the payment of money from a source other than a match.

5. (5) "Eligible 529 savings account" means a 529 savings account for which:

   1. (a) a qualifying individual is the account owner; and
   2. (b) a qualifying individual or a minor dependent of a qualifying individual is a beneficiary.

6. (6) "Federal earned income tax credit" means the federal earned income tax credit:

   1. (a) described in Section 32, Internal Revenue Code; and
   2. (b) that a qualifying individual claims and is eligible to claim on the federal income tax return for the taxable year.
7. (7) "Match" means the monetary amount described in Subsection 35A-9-603(2).
8. (8) "Minor dependent" means an individual under 19 years old for whom a qualifying individual can claim a tax credit under Section 24, Internal Revenue Code, on the qualifying individual's federal income tax return for the taxable year.
9. (9) "Plan" means the Utah Educational Savings Plan created in Section 53H-10-202.
10. (10) "Program" means the Education Savings Incentive Program created in Section 35A-9-603.
11. (11) "Qualifying individual" means an individual who the department identifies as experiencing intergenerational poverty and who has not been disqualified from participating in the program for overclaiming a match in a previous year.

Amended by Chapter 9, 2025 Special Session 1