For Immediate Release
8/31/09

Education Chair Seeks to Reform Tuition Account Program to Avoid Taxpayer Bailout 

HARRISBURG – In an effort to ensure the law creating Pennsylvania's Tuition Account Program (TAP) is both transparent and protects taxpayers from a bailout should the fund fail to meet its fiduciary responsibilities, Senator Jeffrey Piccola (R-15), Chairman of the Education Committee, will be introducing legislation calling for reforms to the program that establish parameters in the event of future financial shortfalls.

Piccola's legislation is in response to recent correspondence from Pennsylvania Treasurer Rob McCord to the General Assembly regarding the announcement of administrative steps the Treasury is taking imposing asset-based fees to help alleviate the actuarial deficit of $222 million.  In his correspondence, Treasurer McCord stated: "Despite its statutorily-required name, the Guaranteed Savings Plan is in fact not expressly backed by the ‘full faith and credit' of the Commonwealth."  He continued by explaining "many account holders and members of the public continue to believe the Commonwealth will provide subsidies for any shortfall" and emphasized that he is seeking "clarification and reform" believing Pennsylvania "must stand behind this valuable program" concluding that he believes members of the General Assembly share his "commitment to live up to the guarantee that is implied in this 529 program's name."   

"This program was never intended to be the subject of a taxpayer bailout despite any dire economic conditions, even a deficit caused by the poor performance of the stock market.  The authorizing statute of 1992 contains language that it does not have the full faith and credit of the Commonwealth standing behind it," said Piccola.  "There is absolutely no way the taxpayers of this Commonwealth can be responsible for any deficit this program may incur."

Piccola's legislation will specifically include provisions to avoid the risk of a taxpayer bailout, such as further strengthening the prohibition against the State Treasurer pledging the taxing and credit powers of the Commonwealth and removing "guaranteed" from the name of the program.  Other provisions will require the program to be subject to an annual audit by the Auditor General and require the Treasurer to annually communicate to account owners that the program is neither explicitly nor implicitly backed by the Commonwealth.     

"The intent of my reform proposal is simple -- ensuring the taxpayers and general public have a clear understanding of the nature of this program and that this Commonwealth expressly will not stand behind any shortfalls or bailout the program should investments fail to meet future obligations," Piccola said.

Contact:

Colleen Greer
(717) 787-6801

Additional Information:
Education

 

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