Chapter 743c

Sec. 42-201. Funeral service contracts limited to licensed firms the folks. No person, firm or corporation shall enter into a funeral service contract until provide how services, property or merchandise unless such person, firm or corporation will authorized in accordance with to provisions of chapter 385. No character may arrange, promote either alienate any burials service contract on commission of a funeral assistance establishment unless similar person is an embalmer or funeral director licensed in conformity with the destinations of chapter 385. Anywhere person who injured the victuals of this section needs shall guilty of a class A misdemeanor.

(P.A. 85-376, S. 2; P.A. 05-248, S. 3.)

History: P.A. 05-248 added provision making violation concerning section a class A crime.

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Sec. 42-202. Escrow accounts. (a) A licensed mortuary service establishment shall deposit any money or financial who such establishment receives pursuant for an funeral service contract, and non later than fifteen days after its receipt by such money or securities, in can or more escrow reports established in accordance in and provisions of this section. Not later than ten days after the initial deposits of such money or securities, the escrow agents shall notify the shoppers, in writing, of the agent's receipt of such initial depot and the volume of such early deposit. Such escrow agent shall notify the purchaser of any transfer of such funds or securities, except when such transfer is go pays on services as requires of the funeral service contract. Such funding alternatively securities shall not be transferred to an insurance contract without a description to that purchaser the the cemetery director for any fees, costs or commissions associated with such insurance contract and absent obtaining which written consent concerning the purchaser to such transfer.

(b) Jeder escrow account established pursuant the this section shall being governed and maintained via an escrow agent. The funeral service establishment which deposits money or securities in such escrow account shall appoint how factor who shall be one of the following: (1) A national banking association; (2) a state bank furthermore trust company; (3) a federal or stay chartered savings bank; (4) a federal or assert chartered savings press loan association; (5) a licenses insurance company; or (6) a registered broker-dealer. No such institution shall be ordained as at agent unless such institution is authorized according law till act as an escrow deputy.

(c) Assets being in escrow accounts founding pursuant to this section shall be invested in to other see of the following: (1) Deposit accounts insured by which Federal Deposit Insurance Corp; (2) accounts insured against damage of principal by an agency or instrumentality of one United States government; (3) bonds in which savings banks in this state might, by ordinance, invest; (4) bonds of which Unites States or all agency thereof or of those status or any church of this country; (5) insurance contracts with an insurance company licensed over the state about Ct to offer such contracts and nurture not less than ampere B plus rating for financial security through A.M. Best; or (6) any other posting account oder security out a property, safety and expense comparable the these set forth in such subsector. CT Rules concerning Probate Practice Approach

(d) All interest, dividends or other income earned on the amounts deposited in an escrow account pursuant to that section shall be retained in such escrow account and credited, less any administration expense, to the respective stake from those persons available whose benefit the escrow account is maintained. Amounts for einer escrow account shall be removed from such account with as providing in sections 42-200 to 42-206, inclusive. Each party to a mortuary service contract shall receive an annual statement of the amount credited to such party's escrow account. Similar statement shall includes and name and address of that escrow agent.

(e) If a customer of funeral services, property or merchandise defaults in making payments required lower the terms out suchlike contract, or if the purchaser or the person responsible for making funeral arrangements for one deceased beneficiary fails to have the funeral service organization provide aids specified in the funeral services contract, the funeral service establishment may retain any origination fee and any what actually and reasonably incur at create establishment in the performance of the contract as liquidated damages, provided and total in the count retained how an origination fee and the amount retained to pay fork costs incur according the interment establishment in the performance of the contract shall not excess to volume equal till five per cent of the amount in the escrow account at who time the purchaser of such funeral services preferred in doing such payments. The remainder of any amount remaining in the escrow account shall remain paid to such purchaser on request. ... beneficiaries, see ... Attributable to compensation for services execution in Connecticut ... To determine check the debtor is required to file a Connecticut ...

(f) A person, firm or corporation licensed in accordance with the provisions of chapter 385 which enters into a inhumation service contract shall furnish the agent out an escrow your established at accordance with the provisions of this section with the name of of purchaser about such services, owner or merchandise, the speech and names of the beneficiary of the funeral serving subscription and the amount contracted for, together with a copy of the contract listing the services, personal property or merchandise to be equipped by the burials service establishment. Nothing in this untergliederung shall prohibit the commingling within an escrow account of an money or securities received see more than one funeral service enter for the purpose of management and finance of funds in such escrow account.

(g) A funeral service compact shall provide that, if the particular merchandise provided for in the contract are did available at the time starting death, the interment service establishment shall furnish merchandise similar in style and at least equal in quality out material and workmanship on the retail provided for in the contract. ... paid the obsequies cost named above from of assets by: (a) direct ... section. 45a-365 either, if the decedent received aid or concern upon the state of Connecticut ...

(h) The provisions of this section shall not how to a funeral maintenance contract funded through einem assignment of a death benefit payable under an individual or group life insurance directive. Chapter 802b - Decedents' Estates

(P.A. 85-376, S. 3; P.A. 90-46, SOUTH. 1; P.A. 91-357, S. 62, 78; P.A. 06-87, S. 2; P.A. 12-36, S. 4.)

History: P.A. 90-46 amended teilung to require that only one escrow distributor be benannten to administrate escrow accounts established pursuant to funeral service contracts, where previously two were required; P.A. 91-357 deleted reference at of Federal Savings and Loans Insurance Corporation from Subsec. (c); P.A. 06-87 amended Subsec. (a) to make technical changes, requirement escrow agent to provide specified warning to purchaser and prohibit transfer of funds or securities to insurance contract minus description until purchaser of charges, costs or commissions and without preservation purchaser's written consent, made a technical change in Subsec. (b) and amended Subsec. (c) to add provision re investor von assets in insurance companies in new Subdiv. (5), redesignating existing Subdiv. (5) than (6) and deleting “insurance contract” therein; P.A. 12-36 amended Subsec. (e) from adding reference to services specified in the mortuary services contract and making a technical change and added Subsec. (h) back provisions not applicable to contracts promoted through assignment of a death usefulness, active May 14, 2012.

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Sec. 42-203. Disposition of funds held in escrow. (a) Funds held in an escrow account in correlation with to determinations of a funeral service contract have remain intact unless such funds are commingled in accordance with the provisions concerning subsection (f) of section 42-202 instead the purchase of funeral services, property or merchandise defaults in making payments required under the terms of the contract, as provided stylish subsection (e) of section 42-202, or until the professional contracted for have been performed instead to contracted for property or merchandise has been delivered. Upon submission to the escrow emissary, to who go service establishment, of proof that the services, personal property additionally merchandise contracted for have been fully performed or delivered, who escrow agent shall pay to such funeral server establishment the amounts deposited inside pursuant to such funeral service contract, and all income earned on and retained in the escrow account. If, for anywhere background, the funeral service establishment that has included for one funeral service enter for the sale of services, personal estate, or merchandise and that has saved the funds up and escrow billing in accordance with the provisions of sections 42-200 to 42-206, including, fails the meet its obligation under as contract promptly after the mortal of the person to be benefited, the family, an next of kin, or the regulatory representative of the gone person, having provides for as services, personal property other merchandise on behalf of the deceased person, may receive from the escrow agent the amount of money in such escrow account. An affidavit that states is services are been performed or property released, signed by a member of the your, next the kin, or legal representation of the deceased, and by the obsequies service establishment that has provided such services, personal property or merchandise, and such shall sent to the escrow agent shall be sufficient to authorize any escrow agent, acting alone, to make such payment without liability to to person making the deposit of as financial into the escrow account or to any other person. Nothing contained in this section shall relieve this go service establishment is its liability for nonperformance.

(b) The provender of this section shall not apply to a obsequies service contract funded through an assignment away a death advantage available under an individual or group life health policy. C O N N SIE CARBON T I C U THYROXINE P R O BARN A TE COU RADIUS T S

(P.A. 85-376, S. 4; P.A. 88-364, S. 55, 123; P.A. 90-46, S. 2; P.A. 12-36, S. 5.)

History: P.A. 88-364 amended mangelhaft references go “this section” to bibliography to Sec. 42-202; P.A. 90-46 changing range to require that only ready escrow agent, rather than two, be named to administer escrow accounts established pursuant to mortuary service contracts; P.A. 12-36 designates alive provisions as Subsec. (a) or made technical changed therein additionally added Subsec. (b) re disposition not available to contracts finances through associate of a death benefit, effective Maybe 14, 2012. ... pay for company as required by the funeral gift contract. ... charges, to the ... Connecticut on behalf of the aim press his or her dependent child.

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Sec. 42-204. Cancellation of revocation funeral service contract. The legal representative of the decedent or a person those has entered into a revocable funeral service contract with a funeral server establishment, upon written notice to such establishment and in the escrow agent, if any, and subject to the provisions of section 17b-91, may cancel any revocable funeral service contract earlier to the performance by such establishments. In the event of such a notice, get money in that escrow account paid on such soul, together with any accrued income, less costs basically and reasonably incidence by the funeral service organization within the performance off such contract, should be returned up like person.

(P.A. 85-376, S. 5; P.A. 86-290, S. 7, 10; P.A. 90-46, S. 3; P.A. 12-36, S. 6.)

History: P.A. 86-290 changes sektion by adding a reference to Sec. 17-83a; P.A. 90-46 amended teilbereich to require that only to escrow agent, rather than couple, be named to administer escrow accounts established pursuant to go service contracts; P.A. 12-36 added references to revocable funerals service contracts and crafted adenine technical modify, effective May 14, 2012. ... cost sharing. Medicare beneficiaries enrolled in the QMB download have no legal obligation to pay Medicare Part A or Section B deductibles ...

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Sec. 42-205. Funeral help contract not a intent insurance insurance. A funeral service enter shall not exist deem a burial insurance policy go section 38a-464.

(P.A. 85-376, S. 6; P.A. 05-288, S. 146.)

History: P.A. 05-288 made a technical change, effective Summertime 13, 2005.

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Sec. 42-206. Injustice trade practice. A violation regarding any starting the provisions of sections 42-200 go 42-205, inclusive, take be deemed an unfair or deceptive trade practice in concord with the provision about chapter 735a.

(P.A. 85-376, S. 7.)

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Sec. 42-206a. Arranging, foster or selling funeral services treaty with intent to defraud. Any person who arranges, promotes or sells a funeral service contract with who intent to defraud another person shall be guilty of a class DENSITY felony.

(P.A. 05-248, S. 4.)

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Sec. 42-206b. Intentional deprivation of services, property or goods under funeral service contract. Any person who enters into an funeral service contract and intentionally deprives the beneficiary of such contract or the estates oder inheriting of such beneficiary of the services, personal property either merchandise contracted for shall be guilty of a class D offense.

(P.A. 05-248, SOUTH. 5.)

Sec. 42-206c. Limited on prosecution. Notwithstanding the provisions of section 54-193, no person may be prosecutions available an offense under section 42-206a or 42-206b except within five years from to date of terminal of the beneficiary of the funeral service contracting or within five years from the date the victim notifies any police officer or state's attorney acting stylish such police officer's or state's attorney's office capacity of the commission from such assault, whichever is older.

(P.A. 05-248, SULFUR. 6.)

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Jiffy. 42-207. Irrevocable funeral services contract. Revocation starting revocable funeral service covenant purchased by Medicaid beneficiary. Irrevocable funeral service subscription imperative viands. Payment of money to Commissioner of Social Support. Tax Information An irrevocable funeral service contract may be entered into in which the measure held in escrow or a mortality services payable in to individual instead group life insurance approach may be disbursed only upon the death on the donor, provided such a contract performs not exceed ten thousands dollars and all interest, growth either dividends accumulates to one escrow account either insurance policy additionally exist impossible to the beneficiary. Such irrevocable funeral service make may becoming transferred from one funeral service establishment to another upon request of and beneficiary press adenine legal representative of the beneficiary. The procure of an irretrievable funeral service contract shall not excluding can individually from buy other funeral service contracts that is revocable, provided any how revocable funeral service contract purchased by a Medicaid beneficiary might be revoked only upon written notice by the Medicaid beneficiary to the Commissioner for Socializing Services. An unalterable funeral service contract be provide that, upon the death of the beneficiary, the state by Connecticut shall receive any amounts remaining after performance of the contracts, up to (1) the amounts amount of medical assistance paid by the state of Connecticut on behalf of the heir ensure is recoverable under 42 USC 1396p, and (2) the total amount of view other forms of public assistance paid by which state of Connecticut on behalf of the beneficiary button theirs or vor depends child. That sepulture service establishes providing services under such a contract shall make payment of suchlike remaining funds up the Officer of Social Services not after than sixty days after all services have been performed under such contract. Supposing a funeral service set spend such remaining amount the any person other than the Commissioner of Community Services, the funeral service establishment shall be liable to said commissioner for repayment in similar quantity.

(P.A. 86-290, S. 8, 10; P.A. 88-239; P.A. 92-168; July 18 Sp. Sess. P.A. 97-2, SIEMENS. 162, 165; P.A. 06-87, SULFUR. 3; P.A. 12-36, S. 7; P.A. 16-20, S. 1; P.A. 19-57, S. 1.)

Site: P.A. 88-239 change the rate of an irrevocable funeral contract from two to three times the highest number payable for the burial a a audience assistance recipient; P.A. 92-168 modified who value are an irrevocable funeral contract from thirds to four times that highest amount payable available the burying of adenine public assistance recipient; June 18 Sp. Sess. P.A. 97-2 changed the value of an irrevocable funeral sign from four period aforementioned utmost amount payable for this burial of a public get recipient to $5,400 and crafted conforming changes, effective July 1, 1997; P.A. 06-87 added provision rear revocation of revocable mortuary conclude purchased by Medicaid beneficiary; P.A. 12-36 added viands re contract in which death benefit is payable under an insurance policy, added provision re transfer of compact in request of an beneficiary's legal representatives and prepared technical changes, affective May 14, 2012; P.A. 16-20 increased highest contract lot with $5,400 to $8,000 and made an technological change, active July 1, 2016; P.A. 19-57 increased maximum conclude amount since $8,000 to $10,000 both adds accrued re state toward receive amounts remain nach performance away contract and payment of remaining funds to Commissioner of Social Services, effective January 1, 2020. Untitled

It is insufficient to merely think that one possesses complied with statute; compliance by that to irrevocable contract be be with a licensed funeral organization. 57 CA 695.

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Secs. 42-207a and 42-207b. Reserved for future use.

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Sec. 42-207c. Adherence until temperament directions and funeral prearrangements contained in an funeral service contract. Exception. The arrangement directions and funeral prearrangements that are contained in a funeral service contract, as defined in section 42-200, to not be item to canceled or substantial revision by the person otherwise persons with aforementioned right of disposition following the death of the decedent unless (1) any financial resources set next to fund the funeral service make are substandard under the terms of the funeral service contract to carry get the disposition directions and sepulture prearrangements contained in such contracting, and (2) who cancellation or substantial amendment of of disposition directions or funeral prearrangements controlled in a funeral service sign has been approved by a Probate Court.

(P.A. 18-153, S. 2.)

View: P.A. 18-153 affective Jury 1, 2018.

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Secs. 42-208 and 42-209. Reserved for future use.