Annuity gifts; conditions

Sec. 4. (a) Subject to subsection (b), if a gift, devise, or bequest is made for the purpose of providing an annuity, the gift, devise, or bequest may be accepted by the board of trustees on condition that the state educational institution: (1) pay to the donor, for the life of the donor or for a term of years not beyond the lifetime of the donor, as may be agreed upon; (2) pay to any person or persons named by the donor or testator and alive at the time of the making of the gift, devise, or bequest, for the life or lives of the named person or persons, as may be agreed upon; or (3) pay to the donor or to any person or persons named by the donor or testator and alive at the time of the making of the gift, devise, or bequest, for the life of the donor and the life or lives of the named person or persons, either in succession in a designated order of survivorship or in shares, concurrently, as may be agreed upon; an annuity on the value of the property at the time the gift, devise, or bequest is made. (b) The annuity must not exceed the actual income of the property donated, devised, or bequeathed, unless: (1) a written agreement to pay a greater sum than the annuity is: (A) executed by the board of trustees of the state educational institution; and (B) approved by the governor; and (2) no part of the annuity is paid out of the funds or income: (A) granted: (i) to the board of trustees of the state educational institution for any of the state educational institutions; and (ii) by the general assembly; and (B) derived from taxation.