---
title: O.C.G.A. § 20-3-608. Advance tuition payment fund; expenditure of trust assets.
collection: code
id: 20-3-608
cite_as: O.C.G.A. § 20-3-608 (2025)
canonical_url: https://georgiacommons.org/code/20-3-608
md_url: https://georgiacommons.org/code/20-3-608.md
text_url: https://georgiacommons.org/code/20-3-608/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t20-ch3-18-(v17a)-2025-pdf.pdf?sfvrsn=10d12596_0#page=363
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Session of the General Assembly of Georgia
heading_path: EDUCATION / POSTSECONDARY EDUCATION / COLLEGE OPPORTUNITY ACT
---

# O.C.G.A. § 20-3-608. Advance tuition payment fund; expenditure of trust assets.

(a) There is created under the jurisdiction and control of the board and within the trust an advance tuition payment fund. Payments received by the trust from purchasers on behalf of qualified beneficiaries or from any other source, public or private, shall be placed in the fund. The fund may be divided into separate accounts.

(b) Assets of the trust, including the fund, shall not be considered state moneys or revenues of the state and shall not be governed by Article III, Section IX or Article VII, Section III of the Constitution.

(c) Unless otherwise provided by resolution of the board, assets of the trust shall be expended in the following order of priority:

(1) To make payments to state institutions of higher education on behalf of qualified beneficiaries;

(2) To make refunds upon termination of an advance tuition payment contract; and

(3) To pay the costs of organization, administration, and operation of the trust and the fund.

## History

Code 1981, § 20-3-608, enacted by Ga. L. 1990, p. 1448, § 1.