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Illinois General Assembly· HB 4206Governor Approved

CHARITABLE ORG BFY-PROBATE, the official text

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HB4206 Enrolled                     LRB104 16254 JRC 29638 b

1   AN ACT concerning civil law.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 1. Short title. This Act may be cited as the

5 Charitable Organization Beneficiary Act.

6   Section 5. Definitions. As used in this Act:

7   "Beneficiary designation" means the provision in an

8 instrument designating a beneficiary, other than in a will or

9 an instrument creating a trust, and may also mean the

10 instrument itself, including, but not limited to, any of the

11 following:

12          (1) a demand deposit, savings deposit, time deposit or

13  other account or instrument on which the holder is

14  directly liable with a designation for payment upon death

15  or other nonprobate designation making it transferable on

16  death;

17          (2) a security registered in beneficiary form; or

18          (3) a pension, profit-sharing plan, retirement account

19  such as an IRA, 401(k), 403(b), or other

20  employment-related benefit plan.

21  "Beneficiary designation" does not include designation of

22 a beneficiary made as part of an annuity or an insurance

23 policy.
    HB4206 Enrolled  -2-  LRB104 16254 JRC 29638 b

1   "Charitable organization" means an entity that is exempt

2 from taxation under Section 501(c)(3) of the Internal Revenue

3 Code.

4   "Holder of property" means any entity that has possession

5 of or is responsible for property subject to a beneficiary

6 designation.

7   Section 10. Notice of death of owner of property. If the

8 holder of the property has verified the death of the owner of

9 the property, the holder of the property must, within 45

10 business days of the verification: provide notice to each

11 charitable organization listed under the beneficiary

12 designation that the charitable organization may have a right

13 to the property; provide the charitable organization with the

14 name of the owner of the property, contact information of the

15 holder of the property; and provide a general description of

16 the property held for the benefit of the charitable

17 organization; and provide the exact language of the

18 beneficiary designation, except that the names of any other

19 beneficiaries that are not charitable organizations may be

20 redacted.

21  Section 15. Charitable organization affidavit of interest

22 in property.

23  (a) If a charitable organization is a beneficiary of an

24 interest in property created by beneficiary designation, that
    HB4206 Enrolled  -3-          LRB104 16254 JRC 29638 b

1 charitable organization may present an affidavit to the holder

2 of the property or to any person with information about the

3 property to obtain the property or information regarding the

4 property. The affidavit must state all of the following:

5   (1) the decedent's name and last known address to the

6   extent known;

7   (2) a general description of the property to the

8   extent known;

9   (3) the charitable organization's name, address, and

10  primary contact information;

11  (4) the charitable organization is a charitable

12  organization;

13  (5) a request that the property be paid, delivered, or

14  transferred to the charitable organization or that

15  information about the property be given to the charitable

16  organization;

17  (6) the charitable organization has a right to the

18  interest in the property listed in the affidavit to the

19  extent known;

20  (7) the affidavit has been signed by an authorized

21  representative of the charitable organization under

22  penalty of perjury before a notary public as provided in

23  the Notary Public Act; and

24  (8) the information in the affidavit is true and

25  correct to the best of the affiant's knowledge or belief.

26  (b) The affidavit must be accompanied by all of the
    HB4206 Enrolled  -4-                LRB104 16254 JRC 29638 b

1 following:

2   (1) a copy of the charitable organization's

3   determination letter from the Internal Revenue Service

4   recognizing its tax-exempt status;

5   (2) a copy of the charitable organization's

6   Certificate of Good Standing issued by the Secretary of

7   State;

8   (3) a death certificate of the decedent, probate

9   notice published by the personal representative of the

10  decedent's estate, proof of payment of the decedent's

11  funeral expenses, the decedent's obituary as verification

12  of the decedent's death, or any other reliable source or

13  record that verifies the decedent's death;

14  (4) a corporate resolution or similar statement of

15  authority of the affiant to act on behalf of the

16  charitable organization; and

17  (5) Internal Revenue Service Form W-9 completed by an

18  authorized representative of the charitable organization.

19  Section 20. Duties of the holder of the property.

20  (a) Unless a court has ordered otherwise, the holder of

21 the property may not do any of the following:

22  (1) require the charitable organization to establish

23  an account with the holder of the property or otherwise

24  become a customer of the holder of the property;

25  (2) require co-beneficiaries to submit claims
    HB4206 Enrolled       -5-      LRB104 16254 JRC 29638 b

1   simultaneously or impose coordination deadlines among

2   co-beneficiaries; or

3   (3) delay payment to any co-beneficiary if other

4   co-beneficiaries have not submitted their claim

5   documentation, except where a security registered in

6   beneficiary form is not readily divisible among multiple

7   beneficiaries and a co-beneficiary has not waived the

8   co-beneficiary's right to a partial share. In such a case,

9   the holder of the property and the charitable organization

10  shall make reasonable efforts to resolve divisibility

11  concerns.

12  (b) The holder of the property may not request any

13 additional personal information from any individual employed

14 by or serving on the board of the charitable organization,

15 including, but not limited to, any of the following:

16  (1) social security number;

17  (2) personal contact information, including home

18  address;

19  (3) personal financial information;

20  (4) date of birth;

21  (5) annual income;

22  (6) value of personal assets;

23  (7) credit checks;

24  (8) criminal background checks;

25  (9) marital status;

26  (10) number of dependents;
    HB4206 Enrolled  -6-                   LRB104 16254 JRC 29638 b

1   (11) spouse's maiden name; or

2   (12) government-issued identification card, such as a

3   passport, state identification card, or driver's license,

4   provided that if an individual delivers or presents an

5   affidavit under Section 15 for the purpose of claiming or

6   receiving property, the holder of the property may request

7   presentation of an unexpired government-issued

8   identification bearing a photograph or similar safeguard

9   solely to verify the identity of the individual presenting

10  the affidavit and the individual's authority to act on

11  behalf of the charitable organization.

12  (c) Nothing in this Section prohibits a charitable

13 organization from affirmatively requesting the establishment

14 of a new account with the holder of the property; only upon

15 such affirmative request may the holder of the property

16 require the minimum necessary information contained in

17 subsection (b) and as required by federal law or regulation

18 and the holder's internal account opening policies and

19 procedures to facilitate account establishment.

20  (d) If the holder of property maintains it is prohibited

21 from paying, delivering, or transferring the property listed

22 under a beneficiary designation to a charitable organization

23 in compliance with this Act due to requirements under federal

24 law, the holder of the property shall:

25  (1) explain in writing the reason why the property

26  cannot be paid, delivered, or transferred to the
    HB4206 Enrolled  -7-                   LRB104 16254 JRC 29638 b

1   charitable organization; and

2   (2) make good faith efforts in order to facilitate

3   payment, delivery, or transfer of the property in

4   compliance with this Act.

5   (e) Nothing in this Act alters the responsibilities or

6 duties of the beneficiary or holder of the property under the

7 Revised Uniform Unclaimed Property Act or the Illinois Trust

8 and Payable on Death Accounts Act or federal law or

9 regulation.

10  Section 25. Transfer of property. If the requirements of

11 this Act are satisfied by a charitable organization, and there

12 are no conflicting claims to the same shares or portion of a

13 property, the holder of the property must do either or both of

14 the following within 60 business days:

15  (1) pay, deliver, or transfer the property to or for

16  the benefit of the charitable organization if the

17  affidavit has requested the transfer, payment, or delivery

18  of the property to the charitable organization, complying

19  with the charitable organization's preference as to

20  whether the property is paid, delivered, or transferred,

21  to the extent that complying with such preference is

22  reasonably practicable for the holder; or

23  (2) deliver the information requested in the affidavit

24  to the charitable organization.
    HB4206 Enrolled  -8-           LRB104 16254 JRC 29638 b

1   Section 30. Good faith reliance on information given to

2 the holder. The holder of the property and any person who in

3 good faith delivers the property or information requested in

4 reliance on the information a charitable organization provides

5 under this Act, who has no knowledge that representations

6 contained in the affidavit are incorrect, is not liable to any

7 person for so acting and may assume without inquiry the

8 existence of the facts contained in the affidavit.

9   Section 35. Release. Any payments, deliveries, or

10 transfers made by the holder of property in compliance with

11 this Act prior to the receipt of notice of an adverse claim or

12 a restraining order shall be a complete discharge of the

13 holder of property's obligations as to the payment, delivery,

14 or transfer, and the holder of property shall, to the extent of

15 each such payment, delivery, or transfer, be released from all

16 claims of any person, charitable organization, or entity

17 claiming an interest in the property for such payment,

18 delivery, or transfer so made.

19  Section 40. Failure or refusal of holder of the property

20 to act. If the holder of the property fails or refuses to

21 provide the requested property or information within 60

22 business days after receiving the affidavit, the charitable

23 organization may bring an action against the holder of the

24 property to receive the information about the property or
    HB4206 Enrolled  -9-             LRB104 16254 JRC 29638 b

1 recover the property or compel the delivery of the property.

2 An action brought under this Act must be brought within one

3 year after the date of the act or failure to act. If the court

4 finds that the holder of the property acted unreasonably in

5 failing to provide the requested information or to pay,

6 deliver, or transfer the property in compliance with this Act,

7 the court may award to the charitable organization any or all

8 of the following:

9   (1) immediate delivery of the requested information or

10  delivery or recovery of the property or value of the

11  property;

12  (2) damages sustained by the charitable organization;

13  (3) costs of the action;

14  (4) a penalty in an amount determined by the court up

15  to $10,000 only if the court finds that the holder of the

16  property engaged in bad faith or willful misconduct; or

17  (5) reasonable attorney's fees based on the time

18  expended by the attorney to obtain the requested

19  information or payment, delivery, or transfer of the

20  property without regard to the amount of the recovery on

21  behalf of the charitable organization.

22  Section 45. The Illinois Insurance Code is amended by

23 changing Section 224 as follows:

24  (215 ILCS 5/224) (from Ch. 73, par. 836)
    HB4206 Enrolled  - 10 - LRB104 16254 JRC 29638 b

1   Sec. 224. Standard provisions for life policies.

2   (1) After the first day of July, 1937, no policy of life

3 insurance other than industrial, group or annuities and pure

4 endowments with or without return of premiums or of premiums

5 and interest, may be issued or delivered in this State, unless

6 such policy contains in substance the following provisions:

7   (a) A provision that all premiums after the first

8   shall be payable in advance either at the home office of

9   the company or to an agent of the company, upon delivery of

10  a receipt signed by one or more of the officers who shall

11  be designated in the policy, when such receipt is

12  requested by the policyholder.

13  (b) A provision that the insured is entitled to a

14  grace period either of 30 days or of one month within which

15  the payment of any premium after the first may be made,

16  subject at the option of the company to an interest charge

17  not in excess of 6% per annum for the number of days of

18  grace elapsing before the payment of the premium, during

19  which period of grace the policy shall continue in force,

20  but in case the policy becomes a claim during the grace

21  period before the overdue premium is paid, or the deferred

22  premiums of the current policy year, if any, are paid, the

23  amount of such premium or premiums with interest thereon

24  may be deducted in any settlement under the policy.

25  (c) A provision that the policy, together with the

26  application therefor, a copy of which shall be endorsed
    HB4206 Enrolled  - 11 - LRB104 16254 JRC 29638 b

1   upon or attached to the policy and made a part thereof,

2   shall constitute the entire contract between the parties

3   and that after it has been in force during the lifetime of

4   the insured a specified time, not later than 2 years from

5   its date, it shall be incontestable except for nonpayment

6   of premiums and except at the option of the company, with

7   respect to provisions relative to benefits in the event of

8   total and permanent disability, and provisions which grant

9   additional insurance specifically against death by

10  accident and except for violations of the conditions of

11  the policy relating to naval or military service in time

12  of war or for violation of an express condition, if any,

13  relating to aviation, (except riding as a fare-paying

14  passenger of a commercial air line flying on regularly

15  scheduled routes between definitely established airports)

16  in which case the liability of the company shall be fixed

17  at a definitely determined amount not less than the full

18  reserve for the policy and any dividend additions;

19  provided that the application therefor need not be

20  attached to or made a part of any policy containing a

21  clause making the policy incontestable from date of issue.

22  (d) A provision that if it is found at any time before

23  final settlement under the policy that the age of the

24  insured (or the age of the beneficiary, if considered in

25  determining the premium) has been misstated, the amount

26  payable under the policy shall be such as the premium
    HB4206 Enrolled  - 12 - LRB104 16254 JRC 29638 b

1   would have purchased at the correct age or ages, according

2   to the company's published rate at date of issue.

3   (e) A provision that the policy shall participate

4   annually in the surplus of the company beginning not later

5   than the end of the third policy year; and any policy

6   containing a provision for annual participation beginning

7   at the end of the first policy year, may also provide that

8   each dividend be paid subject to the payment of the

9   premiums for the next ensuing year; and the insured under

10  any annual dividend policy shall have the right each year

11  to have the dividend arising from such participation

12  either paid in cash, or applied in reduction of premiums,

13  or applied to the purchase of paid-up additional

14  insurance, or be left to accumulate to the credit of the

15  policy, with interest at such rate as may be determined

16  from time to time by the company, but not less than a

17  guaranteed minimum rate specified in the policy, and

18  payable at the maturity of the policy, but withdrawable on

19  any anniversary date, subject to such further provisions

20  as the policy may provide regarding the application of

21  dividends toward the payment of any premiums unpaid at the

22  end of the grace period; and if the insured fails to notify

23  the company in writing of his election within the period

24  of grace allowed for the payment of premium, the policy

25  shall further provide which of such options are effective.

26  (f) A provision that after the policy has been in
    HB4206 Enrolled  - 13 - LRB104 16254 JRC 29638 b

1   force 3 full years the company at any time, while the

2   policy is in force, will advance, on proper assignment or

3   pledge of the policy and on the sole security thereof, at a

4   specified maximum fixed or adjusted rate of interest in

5   accordance with Section 229.5, a sum equal to, or at the

6   option of the insured less than the amount required by

7   Section 229.3 under the conditions specified thereby and

8   with notification as required by Section 229.5; and that

9   the company will deduct from such loan value any

10  indebtedness not already deducted in determining such

11  value and any unpaid balance of the premium for the

12  current policy year, and may collect interest in advance

13  on the loan to the end of the current policy year; and any

14  policy may also provide that if the interest on the loan is

15  not paid when due it shall be added to the existing loan

16  and shall bear interest at the same rate. No condition

17  other than as provided herein or in Sections 229.3 and

18  229.5 shall be exacted as a prerequisite to any such loan.

19  This clause shall not apply to term insurance.

20  (g) A provision for nonforfeiture benefits and cash

21  surrender values in accordance with the requirements of

22  paragraph (1) of Section 229.1 or, Section 229.2.

23  (h) A table showing in figures the loan values and the

24  options available under the policy each year, upon default

25  in premium payments, during at least the first 20 years of

26  the policy; the policy to contain a provision that the
    HB4206 Enrolled  - 14 - LRB104 16254 JRC 29638 b

1   company will furnish upon request an extension of such

2   table beyond the years shown in the policy.

3   (i) A provision that in event of default in premium

4   payments the value of the policy is applied to the

5   purchase of other insurance as provided in this Section,

6   and if such insurance is in force and the original policy

7   is not surrendered to the company and cancelled, the

8   policy may be reinstated within 3 years from such default,

9   upon evidence of insurability satisfactory to the company

10  and payment of arrears of premiums and the payment or

11  reinstatement of any other indebtedness to the company

12  upon the policy, with interest on the premiums at a rate

13  not exceeding 6% per annum payable annually and with

14  interest on the indebtedness at a rate not exceeding the

15  rate prescribed by Section 229.5.

16  (j) A provision that when a policy is a claim by the

17  death of the insured settlement shall be made upon receipt

18  of due proof of death and not later than 2 months after the

19  receipt of such proof. The policy may require that due

20  proof of the death of the insured shall consist of a

21  certified copy of the death certificate of the insured, or

22  other lawful evidence providing equivalent information,

23  and proof of the claimant's interest in the proceeds. If

24  due proof of death requires a certified copy of the death

25  certificate, then no more than one beneficiary shall be

26  required to submit a certified copy of the death
    HB4206 Enrolled          - 15 - LRB104 16254 JRC 29638 b

1   certificate.

2   (k) If the policy provides for payment of its proceeds

3   in installments, a table showing the amount and period of

4   such installments shall be included in the policy.

5   (l) Interest shall accrue on the proceeds payable

6   because of the death of the insured, from date of death, at

7   the rate of 10% annually on the total amount payable or the

8   face amount if payments are to be made in installments

9   until the total payment or first installment is paid,

10  unless payment is made within 31 days from the latest of

11  the following to occur:

12  (1) the date that due proof of death is received by

13  the company;

14  (2) the date that the company receives sufficient

15  information to determine its liability, the extent of

16  the liability, and the appropriate payee legally

17  entitled to the proceeds; or

18  (3) the date that legal impediments to payment of

19  proceeds that depend on the action of parties other

20  than the company are resolved and sufficient evidence

21  of the same is provided to the company; legal

22  impediments to payment include, but are not limited

23  to, (A) the establishment of guardianships and

24  conservatorships, (B) the appointment and

25  qualification of trustees, executors, and

26  administrators, and (C) the submission of information
    HB4206 Enrolled   - 16 - LRB104 16254 JRC 29638 b

1   required to satisfy State and federal reporting

2   requirements.

3   This provision need not appear in the policy, however, the

4   company shall notify the beneficiary at the time of claim

5   of this provision. The payment of interest shall apply to

6   all policies now in force, as well as those written after

7   the effective date of this amendment.

8   (m) Title on the face and on the back of the policy

9   briefly describing its form.

10  (n) A provision, or a notice attached to the policy,

11  to the effect that during a period of ten days from the

12  date the policy is delivered to the policy owner, it may be

13  surrendered to the insurer together with a written request

14  for cancellation of the policy and in such event, the

15  insurer will refund any premium paid therefor, including

16  any policy fees or other charges. The Director may by rule

17  exempt specific types of policies from the requirements of

18  this subsection.

19  (2) In the case of the replacement of life insurance, as

20 defined in the rule promulgated by the Director, the replacing

21 insurer shall either (1) delay the issuance of its policy for

22 not less than 20 days from the date it has transmitted a policy

23 summary to the existing insurer, or (2) provide in a form

24 titled "Notice Regarding Replacement of Life Insurance", as

25 well as in its policy, or in a separate notice delivered with

26 the policy, that the insured has the right to an unconditional
    HB4206 Enrolled    - 17 - LRB104 16254 JRC 29638 b

1 refund of all premiums paid, and that such right may be

2 exercised within a period of 20 days commencing from the date

3 of delivery of such policy. Where option (2) is exercised, the

4 replacing insurer shall also transmit a policy summary to the

5 existing insurer within 3 working days after the date the

6 replacement policy is issued.

7   (3) Any of the foregoing provisions or portions thereof

8 not applicable to single premium or nonparticipating or term

9 policies shall to that extent not be incorporated therein.

10 This Section shall not apply to policies of reinsurance nor to

11 policies issued or granted pursuant to the nonforfeiture

12 provisions prescribed in subparagraph (g) of paragraph (1) of

13 this Section.

14 (Source: P.A. 97-527, eff. 8-23-11.)

15  Section 50. The Unclaimed Life Insurance Benefits Act is

16 amended by changing Section 15 as follows:

17  (215 ILCS 185/15)

18  Sec. 15. Insurer conduct.

19  (a) An insurer shall initially perform a comparison of its

20 insureds', annuitants', and retained asset account holders'

21 in-force policies, annuity contracts, and retained asset

22 accounts in force on or after January 1, 2017 by using the full

23 Death Master File. The initial comparison shall be completed

24 on or before December 31, 2017. An insurer required to perform
HB4206 Enrolled  - 18 - LRB104 16254 JRC 29638 b

 1 a comparison of its insureds', annuitants', and retained asset
 2 account holders' in-force policies, annuity contracts, and
 3 retained asset accounts in force on or after January 1, 2012
 4 shall perform a comparison of policies, annuity contracts, and
 5 retained asset accounts in force between January 1, 2012 and
 6 December 31, 2016 on or before December 31, 2018 by using the
 7 full Death Master File. An insurer required to perform a
 8 comparison of electronic searchable files concerning its
 9 insureds', annuitants', and retained asset account holders'
10 in-force policies, annuity contracts, and retained asset
11 accounts in force on or after January 1, 2000 shall perform a
12 comparison of policies, annuity contracts, and retained asset
13 accounts in force between January 1, 2000 and December 31,
14 2016 on or before December 31, 2018 by using the full Death
15 Master File. Thereafter, an insurer shall perform a comparison
16 on at least a semi-annual basis using the Death Master File
17 update files for comparisons to identify potential matches of
18 its insureds, annuitants, and retained asset account holders.
19 In the event that one of the insurer's lines of business
20 conducts a search for matches of its insureds, annuitants, and
21 retained asset account holders against the Death Master File
22 at intervals more frequently than semi-annually, then all
23 lines of the insurer's business shall conduct searches for
24 matches against the Death Master File with the same frequency.
25 Within 6 months after acquisition of policies, annuity
26 contracts, or retained asset accounts from another insurer,
    HB4206 Enrolled  - 19 - LRB104 16254 JRC 29638 b

1 the acquiring insurer shall compare all newly acquired

2 policies, annuity contracts, and retained asset accounts that

3 were not searched by the previous insurer in compliance with

4 this Act against the complete Death Master File to identify

5 potential matches of its insureds, annuitants, and retained

6 asset account holders. Upon any subsequent acquisition of

7 policies, annuity contracts, or retained asset accounts from

8 another insurer, when the previous insurer has already

9 conducted a search of the newly acquired policies, annuity

10 contracts, and retained asset accounts using the complete

11 Death Master File, the acquiring insurer shall compare all

12 newly acquired policies, annuity contracts, and retained asset

13 accounts using all of the Death Master File updates since the

14 time the previous insurer conducted the complete search to

15 identify potential matches of its insureds, annuitants, and

16 retained asset account holders.

17  An insured, an annuitant, or a retained asset account

18 holder is presumed dead if the date of his or her death is

19 indicated by the comparison required in this subsection (a),

20 unless the insurer has competent and substantial evidence that

21 the person is living, including, but not limited to, a contact

22 made by the insurer with the person or his or her legal

23 representative.

24  For those potential matches identified as a result of a

25 Death Master File match, the insurer shall within 120 days

26 after the date of death notice, if the insurer has not been
    HB4206 Enrolled          - 20 - LRB104 16254 JRC 29638 b

1 contacted by a beneficiary, determine whether benefits are due

2 in accordance with the applicable policy or contract and, if

3 benefits are due in accordance with the applicable policy or

4 contract:

5   (1) use good faith efforts, which shall be documented

6   by the insurer, to locate the beneficiary or

7   beneficiaries; the Department shall establish by

8   administrative rule minimum standards for what constitutes

9   good faith efforts to locate a beneficiary, which shall

10  include: (A) searching insurer records; (B) the

11  appropriate use of First Class United States mail, e-mail

12  addresses, and telephone calls; and (C) reasonable efforts

13  by insurers to obtain updated contact information for the

14  beneficiary or beneficiaries; good faith efforts shall not

15  include additional attempts to contact the beneficiary at

16  an address already confirmed not to be current;

17  If the beneficiary is a charitable organization as

18  defined in Section 5 of the Charitable Organization

19  Beneficiary Act, but excluding not-for-profit

20  organizations that are the irrevocable sole beneficiary of

21  a life insurance policy covered by Section 245.2 of the

22  Illinois Insurance Code, the insurer shall, within 120

23  days, including if the insurer has been contacted by the

24  charitable beneficiary:

25           (A) determine whether the charitable organization

26  has a right to the proceeds of the policy, annuity
    HB4206 Enrolled      - 21 - LRB104 16254 JRC 29638 b

1   contract, or a retained asset account;

2   (B) provide a general description of the policy,

3   annuity contract, or a retained asset account that may

4   be held for the benefit of the charitable

5   organization, and the exact language of the

6   beneficiary designation, in accordance with subsection

7   (c);

8   (C) include information that verifies whether the

9   insurer has already obtained the official death

10  certificate or documentation needed to verify the

11  death of the insured, annuitant, or retained asset

12  account holder; and

13  (2) provide the appropriate claims forms or

14  instructions to the beneficiary or beneficiaries to make a

15  claim, including the need to provide an official death

16  certificate if applicable under the policy or annuity

17  contract.

18  If the beneficiary is a charitable organization as

19  defined in Section 5 of the Charitable Organization

20  Beneficiary Act, the insurer shall, within 120 days,

21  provide the forms and instructions pursuant to subsection

22  (a)(2), and the insurer has the same duties as a holder of

23  property under Section 20 of the Charitable Organization

24  Beneficiary Act, including if the insurer has been

25  contacted by the charitable beneficiary.

26  (b) Insurers shall implement procedures to account for the
    HB4206 Enrolled  - 22 - LRB104 16254 JRC 29638 b

1 following when conducting searches of the Death Master File:

2   (1) common nicknames, initials used in lieu of a first

3   or middle name, use of a middle name, compound first and

4   middle names, and interchanged first and middle names;

5   (2) compound last names, maiden or married names, and

6   hyphens, blank spaces, or apostrophes in last names;

7   (3) transposition of the "month" and "date" portions

8   of the date of birth; and

9   (4) incomplete social security numbers.

10  (c) To the extent permitted by law, an insurer may

11 disclose the minimum necessary personal information about the

12 insured, annuity owner, retained asset account holder, or

13 beneficiary to a person whom the insurer reasonably believes

14 may be able to assist the insurer with locating the

15 beneficiary or a person otherwise entitled to payment of the

16 claims proceeds.

17  (d) An insurer or its service provider shall not charge

18 any beneficiary or other authorized representative for any

19 fees or costs associated with a Death Master File search or

20 verification of a Death Master File match conducted pursuant

21 to this Act.

22  (e) The benefits from a policy, annuity contract, or a

23 retained asset account, plus any applicable accrued interest,

24 shall first be payable to the designated beneficiaries or

25 owners and, in the event the beneficiaries or owners cannot be

26 found, shall be reported and delivered to the State Treasurer
   HB4206 Enrolled  - 23 - LRB104 16254 JRC 29638 b

1 pursuant to the Revised Uniform Unclaimed Property Act.

2 Nothing in this subsection (e) is intended to alter the

3 amounts reportable under the existing provisions of the

4 Revised Uniform Unclaimed Property Act or to allow the

5 imposition of additional statutory interest under Article XIV

6 of the Illinois Insurance Code.

7  (f) Failure to meet any requirement of this Section with

8 such frequency as to constitute a general business practice is

9 a violation of Section 424 of the Illinois Insurance Code.

10 Nothing in this Section shall be construed to create or imply a

11 private cause of action for a violation of this Section.

12 (Source: P.A. 99-893, eff. 1-1-17; 100-22, eff. 1-1-18;

13 100-543, eff. 1-1-18; 100-863, eff. 8-14-18.)
Every fact on this page links to its source, starting with the official bill record.