Bill Summary for H 131 (2023-2024)
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AN ACT TO INCREASE PROTECTIONS FOR FUNDS HELD IN NORTH CAROLINA EDUCATION SAVINGS AND INVESTMENT ACCOUNTS FROM CLAIMS OF CREDITORS AND OTHER JUDGMENTS.Intro. by Elmore, D. Hall, Winslow.
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Amends GS 116-209.25 (establishing parental trust funds for higher education) to enact new subsection GS 116-209.25(c2) setting forth protections for North Carolina education savings and investment accounts as follows. Exempts funds located in an education savings and investment account of the Parental Savings Trust Fund or withdrawn from the account and used for expenses permitted under section 529 of the Internal Revenue Code (IRS Code) (governing qualified tuition programs) from liens, attachment, garnishment, levy, seizure, any involuntary sale or assignment by operation or execution of law, or the enforcement of any other judgment or claim to pay any debt or liability of any account owner, beneficiary, or contributor to a plan. States that the new subsection (c2) will not affect any protection from creditors under GS 1C-1601(a)(10) (setting forth exemptions of certain property from the claims of creditors) for education savings and investment accounts that are not part of the Parental Savings Trust Fund.
Makes conforming changes to GS 1C-1601(10) (governing the educational savings plan creditor exemption) to refer to the new subsection and to change references to college savings plan to education savings and investment account. Changes the permitted use of exempted funds from the college or university expenses for a child of the debtor to expenses for a child of the debtor permitted under the IRS Code.