Illinois Administrative Code
Title 74 - PUBLIC FINANCE
Part 760 - REVISED UNIFORM UNCLAIMED PROPERTY ACT
Subpart B - PRESUMPTION OF ABANDONMENT
Section 760.220 - Stored Value Cards
Universal Citation: 74 IL Admin Code ยง 760.220
Current through Register Vol. 48, No. 38, September 20, 2024
a) Stored Value Cards
1) Unless otherwise
exempted by the Act or this Part, the net card value of a stored value card is
required to be reported and remitted under the Act as property that is presumed
abandoned pursuant to Section 15-206 of the Act.
2) In determining whether property falls
within the definition of stored value card under the Act, the State Treasurer
will consider the federal regulations concerning gift cards and gift
certificates and official staff interpretations issued by the Board of
Governors of the Federal Reserve System as part of what is commonly known as
"Regulation E" ( 12 CFR 1005 (2011)). A stored value card will, in most cases,
be a "general-use prepaid card" under those federal regulations. The use of
those federal regulations and interpretations by the State Treasurer is
intended to harmonize definitions and concepts used by state and federal
regulators to make compliance easier for affected businesses.
3) Property that satisfies the definition of
payroll card, merchandise credit, or gift card is not a stored value
card.
4) If a holder has reported
and remitted to the administrator the net card value on a stored-value card
presumed abandoned under the Act and the stored-value card does not have an
expiration date, then the holder must honor the card on presentation
indefinitely and may then request reimbursement from the administrator under
Section 15-605 of the Act.
A) This provision
is required for the Act to avoid preemption by federal law.
B) See Notice of preemption determination
"Electronic Fund Transfers; Determination of Effect on State Laws (Maine and
Tennessee)" (Docket No. CFPB-2012-0036) issued by the federal Bureau of
Consumer Financial Protection holding that Maine's unclaimed property law was
not preempted by federal law because it contained an indefinite presentation
provision, but Tennessee's unclaimed property law, which did not contain an
indefinite presentation provision, was preempted by federal law.
Disclaimer: These regulations may not be the most recent version. Illinois 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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