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Illinois
Consumers Guide to Pre-Need Funeral and Burial Purchases
The
"Illinois Funeral or Burial Funds Act" 225 ILCS 45/1 (the law)
sets forth rights protecting consumers who purchase funeral services and/or
merchandise in advance of need (pre-need).The State Comptroller has jurisdiction
over the administration and enforcement of this law.
This guide is intended
to assist you in making decisions in connection with the purchase of funeral
services and merchandise, and to advise you of your rights and protections
under Illinois law.
What
is "Pre-Need" Funeral or Burial Purchasing?
A
Pre-need funeral or burial purchase is purchasing, in advance, funeral
services and merchandise that you select for yourself or loved ones. In
connection with the purchase of pre-need services and merchandise, you
enter into a pre-need contract with the seller, funeral home or cemetery.
What
are Some of the Protections Provided to You by Illinois Law?
Sellers
of pre-need services and/or merchandise must be licensed by the State
of Illinois through the Office of the Comptroller. You should verify that
the person with whom you are doing business is licensed to sell pre-need
services and merchandise before you make your purchase. You may contact
the Comptroller's Office to verify whether a seller is licensed.
What
Services and Merchandise are Covered by the Funeral or Burial Funds Act?
The
law covers the purchase of funeral services, clothing, caskets, burial
containers commonly referred to as burial vaults and urns. Sales of cemetery
services and merchandise are not covered by the law. The purchase of cemetery
services and merchandise may be covered by the Illinois Pre-Need Cemetery
Sales Act and Cemetery Care Act. Those laws are also administered by the
Comptroller. If you have any questions concerning those laws, you should
contact the Comptroller's Office.
Be
Sure to Read Your Contract
All
pre-need contracts sold in Illinois must contain disclosures to assist
consumers in their purchase of pre-need services and merchandise. Required
disclosures include: a clear identification of the seller's name and address,
the purchaser and the beneficiary; a complete description of the goods
and/or services purchased; clear notice as to whether the contract is
for a guaranteed or non-guaranteed price; how you will pay for the services
and/or merchandise (i.e., trust account, life insurance policy or annuity);
and the cancellation and penalty policy of the seller.
What
are Guaranteed and Non-Guaranteed Contracts?
A
"Guaranteed" Contract means that the cemetery or funeral home
guarantees to provide you with the services and/or merchandise you selected
for the amount of money stated in the contract. This means that you or
your estate will not be required to pay any additional costs for the items
guaranteed, except for unexpected charges incurred (which may include,
for example, the need for shipment of remains from a distance).
If the contract does
not guarantee the prices charged it must be clearly identified as a "Non-Guaranteed
Contract." The amount you pay will be determined at the time the
services and/or merchandise are needed. Any amount you pay pre-need will
be considered a deposit to be used toward the purchase price, which will
earn interest.
Consumer
Payments on Pre-need Services and Merchandise Must be Placed in a Trust
Account.
When
you purchase pre-need services and merchandise, the seller must place
a certain percentage of the costs of the purchase price in a trust account
to ensure delivery at the time of need; 95% of the purchase price of all
services and merchandise and 85% of the purchase price of outer burial
containers (burial vaults) must be placed into trust.
May
I Fund a Pre-Need Arrangement With a Life Insurance Policy or Annuity?
Yes,
under Illinois law a pre-need contract may be funded through an insurance
policy or tax deferred annuity. The insurance policy or annuity may or
may not be sold in connection with a commitment from a licensed funeral
establishment or cemetery to provide you with specific services and/or
merchandise. If there is no provider of funeral services and/or merchandise,
this fact must be disclosed in your contract. Without a provider you may
only be purchasing insurance coverage providing a payout of a certain
amount, and not entering into an actual pre-need contract that guarantees
the actual provision and price for the services and/or merchandise. Be
sure to read your contract or insurance policy carefully.
Can
I Get My Money Back If I Change My Mind?
Yes,
depending on the circumstances. The penalties for canceling a pre-need
contract will be different depending upon when the contract is canceled.
If a pre-need contract is subject to the Federal Trade Commission (FTC)
three-day cancellation rule (which applies to door-to-door sales made
at a place other than the seller's place of business) you may cancel the
contract within three business days after it was signed without a penalty.
If a pre-need contract
is funded by an insurance policy, Illinois law allows you to cancel the
insurance policy within 30 days without penalty. Cancellation of an insurance
policy does not necessarily serve to cancel the pre-need contract. After
30 days you are entitled to the accrued "cash surrender value"
of the policy upon cancellation.
Unless made irrevocable,
you may cancel a pre-need contract at any time. If cancellation occurs
as a result of your default on payments, the seller is permitted to
retain the lesser of 25% of the sales proceeds or $300.
What
Can I Do if I Believe I am Treated Unfairly?
If
you think that you have been a victim of unfair or illegal practices in
the handling of pre-need funds, you may file a written complaint with
the Office of the Comptroller, Department of Cemetery Care and Burial
Trust, James R. Thompson Center, Suite 15-500, 100 West Randolph Street,
Chicago, Illinois 60601, (312) 814-5921. In addition, the State Attorney
General can seal a court order for restitution and issuance of fines.
If you believe that improprieties exist in connection with the sale of
insurance used to fund a pre-need contract, you can file a complaint with
the Illinois Department of Insurance, 320 West Washington, Floor 4, Springfield,
Illinois 62767.
For more information
on preplanning or prepaying, see your local cemetery or funeral director
or:
Illinois
Funeral Director's Association
215 South Grand Avenue West
Springfield, Illinois 62704
(800) 240-4332 or (217) 525-2000
Funeral
Directors Services Association
499 Northgate Parkway
Wheeling, Illinois 60090-2646
(847) 808-7500
Illinois
Cemetery and Funeral Home Association
P.O. Box 267
Belvidere, Illinois 61008-0267
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