Bill Text: CT SB00997 | 2015 | General Assembly | Introduced

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Bill Title: An Act Concerning Funeral Service Contracts.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2015-02-24 - Referred to Joint Committee on General Law [SB00997 Detail]

Download: Connecticut-2015-SB00997-Introduced.html

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General Assembly		Raised Bill No. 997
January Session, 2015		LCO No. 4140
		*04140_______GL_*
Referred to Committee on GENERAL LAW
Introduced by:
(GL)

AN ACT CONCERNING FUNERAL SERVICE CONTRACTS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 42-200 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):

(a) For the purposes of this section and sections 42-201 to 42-207, inclusive, "funeral service contract" means a contract which requires the payment of money, the delivery of securities or the assignment of a death benefit payable under an individual or group life insurance policy in exchange for the final disposition of a dead human body, including funeral, burial or other services, or the furnishing of personal property or funeral merchandise in connection with any such disposition, wherein the use or delivery of such services, property or merchandise is not required immediately, "beneficiary" means the person for whom the [goods or] services or merchandise purchased in a funeral service contract are to be provided, and "purchaser" means the person who signs the funeral service contract.

(b) A funeral service contract shall be in writing, shall be substantially in the form set forth in subsection (b) of section 2 of this act and shall contain, except as provided in subsection (c) of this section, the following:

(1) The name, address, telephone number and Social Security number of the beneficiary and the purchaser;

(2) The name, address, telephone number and license number of the funeral director for the funeral service establishment providing the [goods or] services or merchandise;

(3) A list of the selected [goods or] services or merchandise, if any;

(4) The amount of funds paid or to be paid by the purchaser for such contract, the method of payment and a description of how such funds will be invested and how such investments are limited to those authorized pursuant to subsection (c) of section 42-202;

(5) A description of any price guarantees by the funeral service establishment or, if there are no such guarantees, a specific statement that the contract contains no guarantees on the price of the [goods or] services or merchandise contained in the contract;

(6) The name and address of the escrow agent designated to hold the prepaid funeral services funds;

(7) A written representation, in clear and conspicuous type, on the list of selected services or merchandise or on a statement attached to the list of selected services or merchandise, that the purchaser [should] will receive a notice from the escrow agent acknowledging receipt of the initial deposit not later than twenty-five days after receipt of such deposit by a licensed funeral director and that the purchaser will receive an annual statement of the amount credited to the escrow account;

(8) A description of any fees to be paid from the escrow account to the escrow agent or any third party provider;

(9) A description of the ability of the purchaser or the beneficiary to cancel a revocable funeral service contract and the effect of cancelling such contract;

(10) For irrevocable contracts, a description of the ability of the beneficiary to transfer such contract to another funeral [home] service establishment; and

(11) The signature of the purchaser or authorized representative and the licensed funeral director of the funeral service establishment.

(c) A funeral service contract that is funded through an assignment of a death benefit payable under an individual or group life insurance policy [,] need not contain the provisions described in subdivisions (4), (6), (7) and (8) of subsection (b) of this section.

(d) A funeral service establishment shall maintain a copy of all funeral service contracts entered into or assigned to such establishment and a list of each escrow account established pursuant to such contracts. Such list shall include (1) the name and address of the escrow agent and the amount of funds deposited with such agent or the name and address of the insurance company issuing the individual or group life insurance policy, and (2) the name and address of the purchaser of the funeral services contract. Such contracts shall be maintained by the funeral service establishment for a period of six years after the completion of the contracted services. Such establishment shall disclose such information, upon request, to the Commissioner of Public Health, the Commissioner of Consumer Protection or the Attorney General.

(e) A funeral service establishment shall notify the purchaser of each funeral service contract with such establishment not later than ten days after any transfer of more than a fifty per cent ownership share of such establishment to another person or of the closure of such establishment.

Sec. 2. (NEW) (Effective July 1, 2015) (a) Any unused funds remaining in an irrevocable funeral service contract authorized pursuant to section 42-207 of the general statutes that does not have a price guarantee and was purchased by a beneficiary, as defined in subsection (a) of section 42-100 of the general statutes, who is a Medicaid beneficiary at the time of the beneficiary's death, shall be remitted by the funeral service establishment providing for the final disposition of the decedent to the Treasurer of the state of Connecticut.

(b) Each funeral service contract, as defined in section 42-200 of the general statutes, as amended by this act, shall contain all of the disclosures required by chapter 743c of the general statutes and shall be substantially in the following form:

"PRENEED FUNERAL SERVICE CONTRACT

THIS PRENEED FUNERAL SERVICE CONTRACT is entered into this .... day of ...., 20 .., by and between .... a Connecticut business with an address at ...., Connecticut ("Seller") and .... ("Purchaser"). The person for whom the services or merchandise are to be provided is .... ("Contract Beneficiary"). The person not living with Contract Beneficiary who may be contacted in an emergency is .... ("Emergency Contact"), having an address of .... and a telephone number of .....

RECITALS:

1. Seller is engaged in the business of operating a funeral service establishment.

2. Purchaser wishes to purchase and pay for certain services or merchandise relating to the final disposition of (a) purchaser's body upon death, or (b) for the disposition of a body upon the death of purchaser spouse, parent(s), child(ren), sibling(s) or other relation, specify: ....

AGREEMENTS:

1. The name of the Purchaser is ..... The address of the Purchaser is ..... The Purchaser's Social Security number is ..... The Purchaser's telephone number is ..... This is (Select one):

( ) a revocable funeral contract--

Revocable Contract: A revocable contract may be revoked at any time before the services and merchandise are provided. A revocable funeral contract purchased by or on behalf of a Medicaid beneficiary may be revoked only upon written notice by the Medicaid beneficiary to the Commissioner of Social Services.

or

( ) an irrevocable funeral contract--

Irrevocable Contract: An irrevocable contract may not be cancelled by Purchaser or by Purchaser's personal representative unless otherwise provided by law. The amount held in escrow by the Escrow Agent may be disbursed only upon the death of the Contract Beneficiary. The Contract Beneficiary or the personal representative of the Contract Beneficiary has the right to transfer this Contract from this funeral service establishment to another funeral service establishment upon the request of the Contract Beneficiary or the legal or personal representative of the Contract Beneficiary. If the Contract Beneficiary is a Medicaid beneficiary at the time of death, and the funeral service contract is not price guaranteed (see Section 3 below), then any unused funds remaining after the funeral service is paid for under the Contract shall be remitted by the Seller to the Treasurer of the State of Connecticut.

2. The name of the funeral director for the funeral service establishment providing the services or merchandise is .... ("Funeral Director"). The business address of the Funeral Director is ..... The Funeral Director's business telephone number is ..... The Funeral Director's license number from the State of Connecticut is .....

3. Purchase of Services and Merchandise: Simultaneously with the execution of this Contract, Purchaser is paying the amount of $.... (the "Contract Sales Price") to Seller to purchase (check appropriate box. Purchaser to initial):

Initial ( ) Nonguaranteed credit toward retail cost of funeral services and merchandise at the time of need

( ) or as shown on the attached Statement of Services and Merchandise, Price guarantees (if any) are as follows:

Initial ( ) prices of all services, merchandise and cash advance items are guaranteed

Initial ( ) prices of all services and merchandise are guaranteed, but prices of cash advance items are NOT guaranteed (specify cash advance items):

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________

Initial ( ) only prices of services are guaranteed

Initial ( ) only prices of merchandise are guaranteed

THE AMOUNT PREPAID IN THIS CONTRACT MAY NOT SATISFY THE ENTIRE COST OF THE FUNERAL WHEN PROVIDED. EXCEPT FOR ANY PRICE GUARANTEES (IF ANY) WHICH ARE PROVIDED ABOVE, THE FUNERAL PRICE WILL BE DETERMINED AT THE TIME OF THE CONTRACT BENEFICIARY'S DEATH. THE PURCHASER, LEGAL REPRESENTATIVE OR PERSONAL REPRESENTATIVE OF THE CONTRACT BENEFICIARY MAY INCUR ADDITIONAL EXPENSES AT THE TIME OF NEED. SEE SECTION 6 BELOW.

4. Contract Beneficiary: The Contract Sales Price will be used for the disposition of the remains of .... (insert name), currently of .... (insert current address) (the "Contract Beneficiary"). The Social Security number of the Contract Beneficiary is ..... The Contract Beneficiary is the Purchaser or is the .... of Purchaser (state nature of relationship, e.g., spouse, etc.). The telephone number of the Contract Beneficiary is .....

5. Escrow of Funds: Following the execution of this Contract by Purchaser and Seller, Seller will deposit the Contract Sales Price with an escrow agent ("Escrow Agent"). The Escrow Agent for this contract will be ...., having an address at ..... The telephone number of the Escrow Agent is ..... The funds held by the Escrow Agent shall be invested by the Escrow Agent in accordance with and subject to the limitations imposed by Connecticut General Statutes Section 42-202(c). Amounts held in the Escrow Account may only be invested in one or more of the following: (a) Deposit accounts insured by the Federal Deposit Insurance Corporation; (b) accounts insured against loss of principal by an agency or instrumentality of the United States government; (c) bonds in which savings banks in Connecticut may, by law, invest; (d) bonds of the United States or any agency thereof or of Connecticut or any Connecticut municipality; (e) insurance contracts with an insurance company licensed by the State of Connecticut to offer such contracts and maintaining not less than a B plus rating for financial security by A.M. Best; or (f) any other deposit account, or security of a quality, safety and expense comparable to those set forth in (a) to (e), inclusive, above. All interest, dividends and other income earned on the amounts deposited in the Escrow Account shall be retained in the Escrow Account and credited, less any administrative expenses, for the account of the Contract Beneficiary. The Escrow Agent may charge an administrative fee for its services as Escrow Agent, and a small fee for filing a tax report. THE PURCHASER WILL RECEIVE A NOTICE FROM THE ESCROW AGENT ACKNOWLEDGING ITS RECEIPT OF THE INITIAL DEPOSIT MADE UNDER THIS CONTRACT NOT LATER THAN TWENTY-FIVE DAYS AFTER RECEIPT OF SUCH DEPOSIT BY THE FUNERAL DIRECTOR, AND WILL RECEIVE AN ANNUAL BALANCE STATEMENT THEREAFTER.

If the funds will be invested in an insurance contract, the Purchaser (a) consents to the investment in an insurance contract, (b) understands that the funeral director will receive a commission from the insurance company in connection with the purchase and sale of the insurance contract, and (c) agrees that the Seller will be listed as the beneficiary on the insurance contract. .... (Purchaser's initials)

6. Price Adjustments: Seller agrees to provide the services and merchandise, specified in Section 3 above, upon request from the Purchaser or the Contract Beneficiary's personal representative for the Contract Sales Price. However, unless otherwise agreed to in writing by the funeral service establishment, the cost of the funeral service and merchandise shall be determined at the date of death of the Contract Beneficiary. If the funeral contract is not a guaranteed price contract, and the Escrow Account with its accumulation is in excess of the amount required to fulfill the value of the funeral service contract provided for herein, any excess amount may be paid to Purchaser, the estate of the Contract Beneficiary, or may offset any additional expenses that may be incurred. If, at the actual time when Purchaser or Contract Beneficiary's personal representative requests Seller to provide the items specified in Section 3 above, Seller's customary sales price for such item(s) has increased (as set forth on Seller's price list maintained in accordance with Federal Trade Commission's Funeral Service Regulations), then the Contract Sales Price shall be adjusted accordingly, and Purchaser or the Contract Beneficiary's personal representative shall be responsible for any deficiency. THIS CONTRACT CONTAINS NO PRICE GUARANTEES UNLESS OTHERWISE SPECIFICALLY SET FORTH IN SECTION 3 ABOVE. If Seller has provided price guarantees, then Seller shall furnish the guaranteed service or merchandise at the time of need, regardless of the actual price of such service or merchandise at the time of need. If Seller has provided price guarantees, then Seller shall be entitled to any excess amount remaining in the Escrow Account after providing such services and merchandise. Purchaser or the Contract Beneficiary's personal representative shall also be responsible for any price increase imposed by a third party for services such as arrangements for opening and closing of gravesite, endowment or perpetual care for gravesite arrangements, merchandise such as cost of burial plot, gravesite or mausoleum, headstones, markers or plaques, or cash advance items such as inscriptions, and any increase for any sales tax due to the State of Connecticut. If the price of a cash advance item increases or additional sales tax is due, Purchaser or the Contract Beneficiary's personal representative may be responsible for the actual cost of the cash advance item and the amount of sales tax due, depending on the balance in the Escrow Account. If additional services or merchandise are selected at the time of need, the retail price in effect at that time shall be charged. The additional expense shall be paid by the Purchaser, personal representative or legal representative of the Contract Beneficiary.

7. Additional Terms and Conditions: Purchaser agrees that the terms and conditions contained on the page entitled "Additional Terms and Conditions" attached hereto shall constitute a part of this Contract and are incorporated herein by this reference.

8. Information Provided to Purchaser: Purchaser acknowledges that he/she has received a completely filled-in copy of this Contract, and that he/she has also received or reviewed prior to discussing the purchase of services or merchandise the Seller's General, Casket and Outer Burial Container price lists which are maintained and made available to consumers in accordance with the Federal Trade Commission's Funeral Service Regulations.

Dated at ...., Connecticut this .... day of ...., 20..

FUNERAL SERVICE ESTABLISHMENT PURCHASER:

…. ….

By: …. Purchaser's Name:

Its: ….

Duly Authorized

NOTE: IF THIS CONTRACT IS SIGNED AT THE HOME OF THE PURCHASER OR AT SOME PLACE OTHER THAN THE SELLER'S PLACE OF BUSINESS, THEN THE PURCHASER IS ENTITLED TO THE FOLLOWING NOTICE AND HAS THE FOLLOWING RIGHTS UNDER CONNECTICUT LAW:

YOU, THE BUYER, MAY CANCEL THIS CONTRACT AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS CONTRACT. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT.

NOTICE OF CANCELLATION

….

(Date of Contract)

YOU MAY CANCEL THIS CONTRACT, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS FROM THE ABOVE DATE.

IF YOU CANCEL THIS CONTRACT, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN TEN BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE CONTRACT WILL BE CANCELLED.

IF YOU CANCEL THIS CONTRACT, YOU MUST MAKE AVAILABLE TO THE SELLER AT YOUR RESIDENCE, IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY MERCHANDISE DELIVERED TO YOU UNDER THIS CONTRACT OR SALE; OR YOU MAY, IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN SHIPMENT OF THE MERCHANDISE AT THE SELLER'S EXPENSE AND RISK.

IF YOU DO MAKE THE MERCHANDISE AVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICK UP THE MERCHANDISE WITHIN TWENTY DAYS OF THE DATE OF CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE MERCHANDISE WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL TO MAKE THE MERCHANDISE AVAILABLE TO THE SELLER, OR IF YOU AGREE TO RETURN THE MERCHANDISE TO THE SELLER AND FAIL TO DO SO, THEN YOU REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT.

TO CANCEL THIS CONTRACT, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE TO (Name of Seller) .... AT .... (Seller's address of business) NOT LATER THAN MIDNIGHT OF .....

I HEREBY CANCEL THIS CONTRACT.

…. ….

(Date) (Buyer's signature)

PRENEED FUNERAL SERVICE CONTRACT ADDITIONAL TERMS AND CONDITIONS

1. Contents of Funeral Service Contract. This Funeral Service Contract consists of the following: (a) A statement of services and merchandise selected, if any, (b) a statement of additional terms and conditions, and (c) an enrollment form or a funeral planning agreement with Escrow Agent.

2. Establishment of Escrow Account. Seller will deposit in escrow with a qualified escrow agent, one hundred per cent (100%) of each payment received under this Contract. All interest, dividends and other income earned on the amounts deposited in the Escrow Account (less any administrative expenses) shall become a part of the account. The Escrow Agent shall be entitled to charge an administrative fee for acting as Escrow Agent. This fee will be deducted from the Escrow Account balance. Seller shall provide the Escrow Agent with the name and address of Purchaser and the name and address of the Contract Beneficiary, and a copy of this Contract, including a statement of merchandise and services selected.

3. Annual Statement of Account and Income Tax. Each party to this contract shall receive an annual report from the Escrow Agent containing information relating to the balance in the Escrow Account. Such statement shall include the name and address and telephone number of the Escrow Agent. Depending on the investment vehicle used, income earned on the escrow funds may be subject to federal income taxation. Each Purchaser shall be responsible for payment of taxes on income earned on the escrow funds unless the funds are invested through a qualified funeral trust. Purchaser shall receive IRS Form K-1 or 1099-INT, for Purchaser to include in his or her tax form, unless the funds are invested through a qualified funeral trust.

4. Purchaser's Default. If, prior to final payment of this contract, Purchaser defaults in making any payment required herein or if the Purchaser or the Contract Beneficiary's personal representative fails to have the funeral service establishment provide the services and merchandise contracted for in this Contract, Seller may retain an origination fee and any costs reasonably incurred in performance of this Contract, provided the amount retained shall not exceed five per cent (5%) of the amount held by the Escrow Agent. After deducting such charges, the balance of any amounts remaining in the Escrow Account shall be transferred with this Contract to another funeral service establishment at Purchaser's request, or if this is a revocable contract, the amounts remaining in the Escrow Account shall be returned to the Purchaser.

5. Release of Escrow Account. The Escrow Agent shall pay the funds in the Escrow Account to Seller upon submission to Escrow Agent of a statement indicating that the services, personal property and merchandise contained herein, or attached hereto has been fully performed or delivered. If the actual amount of the funds in the Escrow Account at the time of need and delivery exceed the actual cost of the nonguaranteed services and merchandise provided, the excess shall be returned to Purchaser, to Purchaser's personal representative, Contract Beneficiary's estate, or to the State of Connecticut if required by law. If Seller has provided price guarantees, Seller shall be entitled to retain any amounts remaining in the Escrow Account after providing the guaranteed services and merchandise.

6. Failure to Perform by Seller. If for any reason the Seller fails to meet the obligations imposed herein promptly after a request to do so by an authorized person, the family, next of kin or legal representative of the Contract Beneficiary, having provided for such services or merchandise on behalf of such Contract Beneficiary, may receive from the Escrow Agent the amount of money in the Escrow Account.

7. Right to Transfer. The Contract Beneficiary or the personal representative of the Contract Beneficiary has the right to transfer this Contract from this funeral service establishment to another funeral service establishment upon request. If this Contract is transferred, the Seller has the right to receive from the Escrow Agent an origination fee and any costs, if any, actually incurred by the Seller, if the Seller has performed or provided for the performance of this Contract, prior to notification of such transfer, not to exceed five per cent (5%) of the amount in the Escrow Account. Price guarantees (if any) are only made by the originating funeral service establishment, and there are no price guarantees with the funeral service establishment that the Contract is transferred to unless agreed to by such funeral service establishment.

8. Substitution of Merchandise. If the exact merchandise set forth in this Contract is unavailable at the time of need and delivery, the Seller may substitute merchandise similar in style and of equal or better quality of material and workmanship as the merchandise set forth in this Contract.

9. Purchaser's Right to Change Unless Prohibited by Law. Seller agrees that if different services or merchandise are desired at the time of need than those specified herein, Purchaser, next of kin, heirs or a personal representative may direct Seller to apply the proceeds of the Escrow Account toward the purchase of the desired services and merchandise, unless otherwise prohibited by law.

10. Additional Services or Merchandise. If additional services or merchandise are desired by the Purchaser, next of kin or personal representative of the deceased at the time of need, the retail price in effect at that time shall be charged for such services or merchandise.

11. Items Not Provided At Time of Need. Credit will be given by Seller for any services or merchandise which are not provided at the time of need, at the retail price stipulated in this Contract.

12. Seller's Right to Subcontract. If Seller is unable to perform at the time of need of delivery, Seller shall have the right to hire another funeral service establishment to provide some or all the services or merchandise specified in this Contract, at the prices specified in this Contract.

13. Change of Address. Purchaser shall notify Seller and Escrow Agent of any change of address and/or telephone number of the Purchaser, and/or the Contract Beneficiary and/or the Emergency Contact.

14. Assignment of Contract. Seller shall have the right to assign this Contract to any successor to Seller's business. In the event of any assignment by Seller, the Seller shall provide written notice to the Purchaser and to the Contract Beneficiary. Following any assignment of this Contract, the Seller shall not be responsible under this Agreement.

15. Cash Advance Charges. If the Purchaser has contracted for any services or items to be provided by a third party, this paragraph shall apply. The amount paid as a cash advance shall be deposited into the Escrow Account. At the time of performance, if the amount on deposit in the Escrow Account allocable to the cash advanced items, including interest earned or accrued, is less than the current amount required for a cash advance item, Seller shall have the right to charge for the additional amount exceeding the amount on deposit in the escrow account allocable to the cash advanced items.

16. Refund on Impossibility of Performance. A refund of all amounts paid on this Contract plus all income earned or accrued (less any administrative charges incurred) shall be paid to Purchaser or to Purchaser's legal representative by the Escrow Agent upon notification by the Seller that the Seller is prevented from performing this Contract because of circumstances beyond the control of the Seller, including, but not limited to, a pandemic or mass fatality event."

This act shall take effect as follows and shall amend the following sections:
Section 1	July 1, 2015	42-200
Sec. 2	July 1, 2015	New section

Statement of Purpose:

To simplify funeral service contracts for consumers.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]