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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>73854</law_id><section_number>22.1-167.1</section_number><catch_line>Refunding issues; pass-through of savings realized</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="22.1">Education</unit><unit label="chapter" level="2" order_by="1" identifier="11">Virginia Public School Authority</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> In the event the <span class="dictionary">Authority</span> refunds any bonds previously issued to finance the purchase of <span class="dictionary">local school bonds</span>, the <span class="dictionary">Authority</span> shall pass-through to the issuers of such <span class="dictionary">local school bonds</span>, an allocable share of any <span class="dictionary">savings</span> realized. Such pass-through shall be accomplished, at the option of the <span class="dictionary">Authority</span>, by means of a debt service reduction over the remaining term of the <span class="dictionary">local school bonds</span>, by a lump sum payment of the present value of such allocable share of the <span class="dictionary">savings</span>, or by such other method as the <span class="dictionary">Authority</span> shall determine to be in the mutual best interests of the issuers of the <span class="dictionary">local school bonds</span> and the <span class="dictionary">Authority</span>. <a id="paragraph-265575" class="section-permalink" href="https://vacode.org/22.1-167.1/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> For the purposes of this section, &#x201C;<span class="dictionary">savings</span>&#x201D; means the net reduction in debt service, if any, to be realized by the <span class="dictionary">Authority</span>, after subtracting the total costs, expenses, and <span class="dictionary">equity</span> contributions associated with the refunding and with the pass-through of such <span class="dictionary">savings</span> to the issuers of the <span class="dictionary">local school bonds</span> and of any <span class="dictionary">Authority</span> funds transferred, or required to be transferred, by <span class="dictionary">mandate</span> of the General Assembly, other than to the issuers of the <span class="dictionary">local school bonds</span>.
			Notwithstanding the provisions of this section, no <span class="dictionary">savings</span> shall be passed-through to the issuers of <span class="dictionary">local school bonds</span> for which an interest rate subsidy has been paid or which were issued at below market interest rates. The <span class="dictionary">savings</span> in connection with the refunding of bonds issued by the <span class="dictionary">Authority</span> and allocable to <span class="dictionary">local school bonds</span> for which an interest rate subsidy has been paid, to the extent such subsidy was paid from the Literary Fund, shall be transferred to the Literary Fund and used exclusively for Literary Fund loans to local <span class="dictionary">school boards</span> pursuant to Chapter 10 (&#xA7; <a class="law" title="How Fund constituted; management" href="/22.1-142/">22.1-142</a> et seq.) of Title 22.1. <a id="paragraph-265576" class="section-permalink" href="https://vacode.org/22.1-167.1/#B"><i class="fa fa-link"/></a></p></section>
						<section id="C"><p><span class="prefix-number">C.</span> This section shall have no application if it conflicts with a preexisting trust indenture. <a id="paragraph-265577" class="section-permalink" href="https://vacode.org/22.1-167.1/#C"><i class="fa fa-link"/></a></p></section>
						<section id="D"><p><span class="prefix-number">D.</span> Whenever the Authority shall defease its bonds previously issued to finance the purchase of <span class="dictionary">local school bonds</span>, the Authority may, consistent with the provisions of this section respecting the return of <span class="dictionary">savings</span> to the issuers of the related <span class="dictionary">local school bonds</span>, designate to such issuers of <span class="dictionary">local school bonds</span> which <span class="dictionary">issues</span>, series and maturities with which interest rates shall be deemed by the Authority to have been paid. Immediately upon such designation, the <span class="dictionary">local school bonds</span> so designated shall likewise be deemed defeased and no longer outstanding, the same as if the defeasance had occurred in accordance with the provisions of &#xA7; <a class="law" title="Defeasance of indebtedness; rights of owners" href="/15.2-2623/">15.2-2623</a>. Such defeasance shall not require any action by the issuer of the affected <span class="dictionary">local school bonds</span>, shall be effective immediately, and shall be duly noted on the records of the Authority which shall no longer have any right to payment with respect to the <span class="dictionary">issues</span>, series and maturities so deemed by the Authority to have been paid. The elected officials and financial officers of the affected locality are hereby authorized to execute and deliver such federal tax forms, certificates, and other documents as the Authority may request in connection with the defeasance of its <span class="dictionary">local school bonds</span> and the <span class="dictionary">bonds of the Authority</span>. <a id="paragraph-265578" class="section-permalink" href="https://vacode.org/22.1-167.1/#D"><i class="fa fa-link"/></a></p></section></text><history>1994, c. 272; 2006, c. 223.</history><metadata></metadata></law>
