Alabama Administrative Code
Title 482 - ALABAMA DEPARTMENT OF INSURANCE
Chapter 482-3-004 - PRENEED CONTRACT FUNDING AND TRUSTS
Section 482-3-004-.04 - Funeral Merchandise And Services Trust - Deposits
Universal Citation: AL Admin Code R 482-3-004-.04
Current through Register Vol. 43, No. 02, November 27, 2024
(1) Any person who is paid, collects or receives funds under a preneed contract for funeral merchandise and services to be funded by trust shall timely deposit in trust an amount determined as follows:
(a) 75% of the amount collected on
the purchase price for all funeral services and funeral merchandise sold,
transportation and facilities rented, other than outer burial
containers.
(b) 60% of the amount
collected on the purchase price for outer burial containers.
(c) 110% of the wholesale cost of memorials
from the amount collected on the purchase price of memorials.
(d) 100% of the amount collected on the
purchase price for all cash advance items sold.
(2) Deposits in trust must occur on the following schedule:
(a) For all preneed
contracts entered into between May 1, 2002 (the effective date of the Act) and
December 31, 2014, the proper total amount determined by application of the
provisions in paragraph (1) shall be deposited in trust within thirty (30) days
after the end of the calendar month in which the preneed contract is paid in
full unless, before that time, the preneed contract has been cancelled or the
seller has discharged its liabilities to provide the merchandise or perform the
services specified in the contract.
(b) For preneed contracts entered into on or
after January 1, 2015, the seller's obligation to make trust deposits shall
commence not later than thirty (30) calendar days after the end of the calendar
month in which the sum of the monies collected on the preneed contract exceeds
the amount that is not required to be deposited in trust. The seller shall
thereafter deposit the appropriate amount in trust not later than thirty (30)
days after the end of the month in which each payment on the preneed contract
is collected.
(c) For preneed
contracts entered into on or after January 1, 2015, at its option, and as an
alternative to the schedule in subparagraph (b), a preneed seller may elect to
make deposits in trust as payments are received on a preneed contract not later
than thirty (30) days after the end of the calendar month in which a payment is
collected. In such event, at a minimum, the amount of the deposit must equal
the amount determined by application of paragraph (1). The seller must
uniformly apply either the schedule in subparagraph (b) or the alternate
schedule in this subparagraph to all preneed contracts sold on or after January
1, 2015.
Author: Commissioner of Insurance
Statutory Authority: Code of Ala. 1975, §§ 27-2-17, 27-17A-1 to -57 (2014).
Disclaimer: These regulations may not be the most recent version. Alabama may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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