Section 23-3.1-305 - Financial institutions - managers - purpose - selection - requirements - contracts(1) The authority shall implement the program through the use of one or more financial institutions to act as managers. Under the program, potential account owners may establish accounts through the program at the financial institution.(2) The authority shall solicit proposals from financial institutions to act as the recipients of contributions and managers.(3) The authority shall select from among bidding financial institutions one or more financial institutions that demonstrate the most advantageous combination to account owners and beneficiaries, based on the following factors: (a) Financial stability and integrity;(b) The ability of the financial institution, directly or through a subcontract, to satisfy record-keeping and reporting requirements;(c) The financial institution's plan for promoting the program and the investment that the financial institution is willing to make in order to promote the program;(e) The fees, if any, proposed to be charged to account owners for maintaining accounts;(f) The minimum initial cash contribution and minimum contributions that the financial institution will require, and the willingness of the financial institution to accept contributions through payroll deduction plans or systematic deposit plans; and(g) Any other benefits to the state or to its residents, included in the proposal, including an account opening fee payable to the authority by the account owner.(4) The authority shall contract with one or more financial institutions, in accordance with subsection (5) of this section, to serve as managers and to invest the contributions to accounts. On May 26, 2000, the effective date of Senate Bill 00-164, as enacted at the second regular session of the sixty-second general assembly, pursuant to section 23-3.1-205.3, the authority shall succeed to all rights and obligations under any such existing contracts.(5) The authority may select more than one financial institution for the program unless the United States internal revenue service provides guidance that giving a contributor a choice of two or more financial institutions will cause the program to fail to qualify for favorable tax treatment under section 529 or 529A of the internal revenue code, whichever is applicable, and the authority concludes that the choice of two or more financial institutions is in the best interest of account owners and beneficiaries and will not interfere with the promotion of the program.(5.5) The authority may select a financial institution pursuant to subsection (3) of this section without regard to the provisions of the "Procurement Code", articles 101 to 112 of title 24, C.R.S.(6) A manager shall: (a) Take all actions required to keep the program in compliance with the requirements of this part 3 and to ensure that the program is treated as a qualified state tuition plan under section 529 of the internal revenue code or a qualified ABLE savings program under section 529A of the internal revenue code, whichever is applicable, and to ensure that the program is exempt from registration under the federal securities law;(b) Keep adequate and separate records of each account and provide the authority with the information necessary to prepare the reports required by section 529 or 529A of the internal revenue code, whichever is applicable, or file these reports on behalf of the authority;(c) Compile and total information contained in statements required to be prepared pursuant to section 23-3.1-306 (16) and (17) and provide these compilations to the authority;(d) Provide representatives of the authority access to the books and records of the manager to the extent needed to determine compliance with the contract;(e) Hold all accounts in trust for the sole benefit of the account owner and beneficiary on behalf of the program, acting in a fiduciary capacity and making investments with judgment, care, and prudence as described in section 15-1-304, C.R.S.; and(f) Develop a plan to promote the program and, after approval of such plan by the authority, promote the program in accordance with the plan.(7) Any contract executed between the authority and a financial institution pursuant to this section shall be for a term of at least five years and may be renewable.(8) If a contract executed between the authority and a financial institution pursuant to this section is not renewed, all of the following conditions shall apply at the end of the term of the nonrenewed contract, so long as applying these conditions does not disqualify the program as a qualified state tuition plan under section 529 of the internal revenue code or a qualified ABLE savings program under section 529A of the internal revenue code, whichever is applicable: (a) The authority shall continue to maintain the program at the financial institution;(b) Accounts previously established at the financial institution shall not be terminated, except as provided in paragraph (e) of this subsection (8) or as provided in subsection (9) of this section;(c) Additional contributions may be made to the accounts;(d) No new accounts may be placed with that financial institution; and(e) If the authority determines that continuing the accounts at the financial institution is not in the best interest of the account owners, or if the financial institution has elected not to renew the contract, the accounts may be transferred to another financial institution under contract with the authority.(9) The authority may terminate a contract with a financial institution at any time. If a contract is terminated pursuant to this subsection (9), the authority shall take custody of accounts held at that financial institution and shall seek to promptly transfer the accounts to another financial institution that is selected as a manager and into investment instruments as similar to the original investments as possible pursuant to the guidelines established in section 23-3.1-306 (13). The authority may select the successor financial institution without regard to the provisions of the "Procurement Code", articles 101 to 112 of title 24, C.R.S.(10) With respect to the college savings program, the authority shall work with the managers of the program in place on June 9, 2010, and any future managers to determine the most effective savings options offered by the managers for account owners who are adult learners. Each manager of the program that promotes the program pursuant to paragraph (f) of subsection (6) of this section shall develop and implement a plan to expand the promotion of the program to encourage adult learners to participate in the program in pursuit of their own postsecondary educational opportunities and job retraining goals.Amended by 2015 Ch. 269, § 5, eff. 6/3/2015.L. 99: Entire part added, p. 457, § 1, effective July 1. L. 2000: Entire part amended, p. 1290, § 16, effective May 26. L. 2008: (8)(e) amended, p. 207, § 8, effective August 5. L. 2010: (10) added, (SB 10 -202), ch. 396, p. 1882, § 4, effective June 9. L. 2015: (3)(d) repealed and (5), (6)(a), (6)(b), IP(8), and (10) amended; (HB 15-1359), ch. 269, p. 1050, § 5, effective June 3.