The U.S. Government Accountability Office (GAO) released its latest report on the state of state regulation of the death care industry. As it did in 2003, the GAO selected a handful of states to review in depth, and Illinois was one of those states for 2011 report. The Illinois review is set out
comptroller
Comptroller: It’s Not My Call
For a brief period, the Illinois Comptroller posted a notice that sidestepped the inquiries made by funeral directors about the application of their Merrill Lynch settlements. The OIC website has since be revised.
One of the inquiries to the OIC may have involved whether the settlement funds could be applied to the litigation costs for…
The Comptroller’s Annual Report: a broken trail
This blog commented a few weeks ago on Dan Hynes’ failure to follow through on his own legislation. Since that post, the new Comptroller revised the Annual Report to eliminate references to self-trusted funds. However, funeral homes that transferred out of the IFDA master trust will still find the report difficult to complete.
The Comptroller’s…
Dropping A Dime in the Land of Lincoln
A few years ago, a past president of the NFDA wrote in The Director that funeral directors should begin blowing the whistle on industry cheaters. This blog raised a concern over whether funeral directors understood applicable preneed laws well enough to become whistleblowers. A recent news article in the Morris Daily Herald contains facts to…
The Comptroller’s Preneed Report: poor follow through
While the Comptroller succeeded in getting SB1682 passed, and into law this past February, the office hasn’t revised its annual preneed reporting form to reflect the law’s changes. The report contemplates depository accounts and self-trusted accounts, which were eliminated by SB1682.
Funeral directors, accustom to the IFDA’s assistance, may also find the trust report…
Illinois: the initial insurance premium is coming due
The Comptroller’s Office mailed out letters to funeral homes last week advising how to report the first contribution to the Pre-Need Funeral Consumer Protection Fund. The letter tracks the first few paragraphs of the “Senate Bill 1682 Information” page from the Comptroller’s website.
The funeral home letter includes two documents: a Fee Payment…
But, we had a deal….
Rather than defend the legality of its master trust, the IFDA sought to enforce the gentlemen’s agreement that the association perceived it had with the Comptroller. The 2006 exchange of correspondence reported by the State Journal-Register underscores the risks that death care operators take when they structure arrangements that exceed the parameters of applicable law.…
Illinois’ Cemeteries and SB 1682
NPS’ sister corporation, Forever Illinois, used the Illinois self trusting provisions to administer preneed funds. As with funeral operators, Senate Bill 1682 will force Illinois cemeteries to seek corporate fiduciaries to administer their preneed and endowed care funds.
The Illinois Comptroller’s Doubletalk: Who’s the Seller?
Last week’s exchange between the State Journal-Register and the Illinois Comptroller’s office underscores just how poorly some regulators (and funeral directors) understand the preneed transaction.
The newspaper’s June 24th editorial included the following statement:
The directors allege they didn’t find out about the audit until fall 2007 when the comptroller revoked the IFDA’s license to…
The IFDA’s Defined Benefit Plan
It may be a mere coincidence, but the $9.7 million demand made by Comptroller Dan Hynes upon the IFDA is approximately 25% of the $39 million dollar “deficit” that the master trust had accrued by 2006. In applying the letter of the law, the Comptroller has rejected the IFDA approach of crediting individual preneed accounts…