It’s a fact that the NPS collapse threatens the viability of many Missouri funeral homes. It’s also a fact the Missouri State Board of Embalmers and Funeral Directors had jurisdiction over NPS and did not shut the company down in time to prevent the current crisis. In a response, a group of the injured funeral
missouri
Missouri’s Trusting War: SB1 vs. HB 853
Consumers and funeral directors are asking their state regulators how they let the National Prearranged Services collapse to happen. With the exception of Missouri and Iowa, the NPS preneed contract was generally an insurance-funded transaction, and state insurance regulators are taking most of the heat. It is a very different story in Missouri, as witnessed…
Lost in the translation: Missouri’s preneed exemption of cemeteries
The Missouri Legislature has reform of Chapter 436, the preneed funeral law, on the fast track. With the speed that Senate Bill 1 has been amended and perfected, it may be more appropriate to label this reform as being in the express lane. However, Missouri legislators must not lose track of the cemetery industry’s efforts…
Déjà vu: Missouri’s Latest Reform Effort
The Missouri Senate Committee assigned the task of preneed funeral reform posted a substitute bill to the Legislature’s website on February 6th: SCS SB1. For those who participated in the Chapter 436 Working Group meetings last summer, this bill may seem vaguely familiar. During those meetings, the Division of Professional Registration circulated a 41-page…
Cemetery Endowed Care Funds and the Fixed Income Investment
The Federal Reserve’s December 17th decision to cut its interest rate to less than a quarter of a percent is meant to encourage investors back into the stock market. But for many cemeteries, the prospect of depressed interest rates will have dire consequences to endowed/perpetual care trusts that are subject to state laws which limit…
Mark-to-Market and Preneed: a bitter, but necessary, pill?
For twenty-two years many Missouri funeral directors have deposited 80% of the preneed funeral contract purchase price into trust, and withdrawn all income in excess of that deposit. For a $5,000 contract sold in 1998, the funeral director has been required to maintain $4,000 in trust. When that contract is performed in 2008, the funeral…
Who is responsible for the rogue agent?
Part of the bad rap against preneed stems from the salesman who is prepared to say anything to close the sale. While, reputable companies build safeguards into their programs to check this behavior, there will be individuals who are prepared to bend the rules. Who should be held accountable when the agent intentionally violates the…
NPS’ Missouri Installment Contracts
Dear Donna,
Once the liquidation plan is finalized, and the procedures for paying claims are implemented, could we please revisit the issue of the Missouri installment contracts?
Yes, you have been patient and polite regarding my inquiries. But, until this past Monday, I did not know how significant an issue these contracts were. If…
Chapter 436 Recommendations: First the trust, then…
Why did you agree to that?
That’s the question I have been getting to the Chapter 436 Working Group recommendations regarding i) the deposit of all purchaser payments to trust, and ii) some form of periodic statement to the consumer. One answer would be that we see too many news reports like this…
The two faces of NPS: insurance vs. trust
Concurrent with the hearing held on her Liquidation Plan, the Special Deputy Receiver posted a financial report to the Lincoln Memorial Life/NPS website. As with most financial statements, explanatory notes at the end of the report provide some insights to the failed NPS empire. While prior documents have disclosed that the companies have a deficient of…