If there are tuition shortfalls on account of beneficiaries of Tuition Account Guaranteed Savings Program Contracts attending a public institution or redeeming tuition credits at a private institution average tuition level and if such tuition shortfalls are not paid on behalf of the department pursuant to section 307(b) , the total shortfall with respect to that institution shall be paid from the earnings of the fund as a separate payment pursuant tosection 309(d)(3) or (e)(2)(ii) . The amount of shortfall payments shall be considered in determining the actuarial soundness of the fund as provided for insection 306(b)(2) .
24 P.S. § 6901.310