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| | HB4633 Enrolled | | LRB099 18214 JLS 44479 b |
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1 | | AN ACT concerning business.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 1. Short title. This Act may be cited as the |
5 | | Unclaimed Life Insurance Benefits Act. |
6 | | Section 5. Purpose. This Act shall require recognition of |
7 | | the Uniform Disposition of Unclaimed Property Act and require |
8 | | the complete and proper disclosure, transparency, and |
9 | | accountability relating to any method of payment for life |
10 | | insurance, annuity, or retained asset agreement death |
11 | | benefits. |
12 | | Section 10. Definitions. As used in this Act: |
13 | | "Annuity contract" does not include an annuity contract |
14 | | used to fund an employment-based retirement plan or program |
15 | | where (1) the insurer does not perform the record keeping |
16 | | services or (2) the insurer is not committed by the terms of |
17 | | the annuity contract to pay death benefits to the beneficiaries |
18 | | of specific plan participants. |
19 | | "Date of death" means the date on which an insured, annuity |
20 | | owner, or retained asset account holder died. |
21 | | "Date of death notice" means the date the insurer first has |
22 | | notice of the date of death of an insured, annuity owner, or |
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1 | | retained asset account holder. "Date of death notice" includes, |
2 | | but is not limited to, the date the insurer received |
3 | | information or gained knowledge of a Death Master File match or |
4 | | any other source or record maintained or located in insurer |
5 | | records of the death of an insured, annuity owner, or retained |
6 | | asset account holder. |
7 | | "Death Master File" means the United States Social Security |
8 | | Administration's Death Master File or any other database or |
9 | | service that is at least as comprehensive as the United States |
10 | | Social Security Administration's Death Master File for |
11 | | determining that a person has reportedly died. |
12 | | "Death Master File match" means a match of the social |
13 | | security number or the name and date of birth of an insured, |
14 | | annuity owner, or retained asset account holder resulting from |
15 | | a search of the Death Master File. |
16 | | "Department" means the Department of Insurance. |
17 | | "Lost policy finder" means a service made available by the |
18 | | Department on its website or otherwise developed by the |
19 | | Department to assist consumers with locating unclaimed life |
20 | | insurance benefits. |
21 | | "Policy" means any policy or certificate of life insurance |
22 | | that provides a death benefit. "Policy" does not include any |
23 | | policy or certificate of credit life or accidental death |
24 | | insurance or health coverages, including, but not limited to, |
25 | | disability and long-term care arising from the reported death |
26 | | of a person insured under the coverage, or any policy issued to |
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1 | | a group master policyholder for which the insurer does not |
2 | | provide record keeping services. |
3 | | "Record keeping services" means services provided under |
4 | | circumstances in which the insurer has agreed with a group |
5 | | policy or annuity contract customer to be responsible for |
6 | | obtaining, maintaining, and administering its own or its |
7 | | agents' systems information about each individual insured |
8 | | under an insured's group insurance contract, or a line of |
9 | | coverage thereunder, including, but not limited to, the |
10 | | following: (1) social security number or name and date of |
11 | | birth, (2) beneficiary designation information, (3) coverage |
12 | | eligibility, (4) benefit amount, and (5) premium payment |
13 | | status. |
14 | | "Retained asset account" means any mechanism whereby the |
15 | | settlement of proceeds payable under a policy or annuity |
16 | | contract is accomplished by the insurer or an entity acting on |
17 | | behalf of the insurer depositing the proceeds into an account |
18 | | with check or draft writing privileges, where those proceeds |
19 | | are retained by the insurer or its agent pursuant to a |
20 | | supplementary contract not involving annuity benefits other |
21 | | than death benefits. |
22 | | Section 15. Insurer conduct. |
23 | | (a) An insurer shall initially perform a comparison of its |
24 | | insureds', annuitants', and retained asset account holders' |
25 | | in-force policies, annuity contracts, and retained asset |
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1 | | accounts by using the full Death Master File. The initial |
2 | | comparison shall be completed on or before December 31, 2017, |
3 | | unless extended by the Department pursuant to administrative |
4 | | rule. Thereafter, an insurer shall perform a comparison on at |
5 | | least a semi-annual basis using the Death Master File update |
6 | | files for comparisons to identify potential matches of its |
7 | | insureds, annuitants, and retained asset account holders. In |
8 | | the event that one of the insurer's lines of business conducts |
9 | | a search for matches of its insureds, annuitants, and retained |
10 | | asset account holders against the Death Master File at |
11 | | intervals more frequently than semi-annually, then all lines of |
12 | | the insurer's business shall conduct searches for matches |
13 | | against the Death Master File with the same frequency. |
14 | | An insured, an annuitant, or a retained asset account |
15 | | holder is presumed dead if the date of his or her death is |
16 | | indicated by the comparison required in this subsection (a), |
17 | | unless the insurer has competent and substantial evidence that |
18 | | the person is living, including, but not limited to, a contact |
19 | | made by the insurer with the person or his or her legal |
20 | | representative. |
21 | | For those potential matches identified as a result of a |
22 | | Death Master File match, the insurer shall within 120 days |
23 | | after the date of death notice, if the insurer has not been |
24 | | contacted by a beneficiary, determine whether benefits are due |
25 | | in accordance with the applicable policy or contract and, if |
26 | | benefits are due in accordance with the applicable policy or |
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1 | | contract: |
2 | | (1) use good faith efforts, which shall be documented |
3 | | by the insurer, to locate the beneficiary or beneficiaries; |
4 | | the Department shall establish by administrative rule |
5 | | minimum standards for what constitutes good faith efforts |
6 | | to locate a beneficiary, which shall include: (A) searching |
7 | | insurer records; (B) the appropriate use of First Class |
8 | | United States mail, e-mail addresses, and telephone calls; |
9 | | and (C) reasonable efforts by insurers to obtain updated |
10 | | contact information for the beneficiary or beneficiaries; |
11 | | good faith efforts shall not include additional attempts to |
12 | | contact the beneficiary at an address already confirmed not |
13 | | to be current; and |
14 | | (2) provide the appropriate claims forms or |
15 | | instructions to the beneficiary or beneficiaries to make a |
16 | | claim, including the need to provide an official death |
17 | | certificate if applicable under the policy or annuity |
18 | | contract. |
19 | | (b) Insurers shall implement procedures to account for the |
20 | | following when conducting searches of the Death Master File: |
21 | | (1) common nicknames, initials used in lieu of a first |
22 | | or middle name, use of a middle name, compound first and |
23 | | middle names, and interchanged first and middle names; |
24 | | (2) compound last names, maiden or married names, and |
25 | | hyphens, blank spaces, or apostrophes in last names; |
26 | | (3) transposition of the "month" and "date" portions of |
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1 | | the date of birth; and |
2 | | (4) incomplete social security numbers. |
3 | | (c) To the extent permitted by law, an insurer may disclose |
4 | | the minimum necessary personal information about the insured, |
5 | | annuity owner, retained asset account holder, or beneficiary to |
6 | | a person whom the insurer reasonably believes may be able to |
7 | | assist the insurer with locating the beneficiary or a person |
8 | | otherwise entitled to payment of the claims proceeds. |
9 | | (d) An insurer or its service provider shall not charge any |
10 | | beneficiary or other authorized representative for any fees or |
11 | | costs associated with a Death Master File search or |
12 | | verification of a Death Master File match conducted pursuant to |
13 | | this Act. |
14 | | (e) The benefits from a policy, annuity contract, or a |
15 | | retained asset account, plus any applicable accrued interest, |
16 | | shall first be payable to the designated beneficiaries or |
17 | | owners and, in the event the beneficiaries or owners cannot be |
18 | | found, shall be reported and delivered to the State Treasurer |
19 | | pursuant to the Uniform Disposition of Unclaimed Property Act. |
20 | | Nothing in this subsection (e) is intended to alter the amounts |
21 | | reportable under the existing provisions of the Uniform |
22 | | Disposition of Unclaimed Property Act or to allow the |
23 | | imposition of additional statutory interest under Article XIV |
24 | | of the Illinois Insurance Code. |
25 | | (f) Failure to meet any requirement of this Section with |
26 | | such frequency as to constitute a general business practice is |
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1 | | a violation of Section 424 of the Illinois Insurance Code. |
2 | | Nothing in this Section shall be construed to create or imply a |
3 | | private cause of action for a violation of this Section. |
4 | | Section 20. Uniform Disposition of Unclaimed Property Act. |
5 | | Nothing in this Act shall be construed to amend, modify, or |
6 | | supersede the Uniform Disposition of Unclaimed Property Act, |
7 | | including the authority of the State Treasurer to examine the |
8 | | records of any person if the State Treasurer has reason to |
9 | | believe that such person has failed to report property that |
10 | | should have been reported pursuant to the Uniform Disposition |
11 | | of Unclaimed Property Act. |
12 | | Section 25. Lost policy finder. |
13 | | (a) The Department shall develop and implement a lost |
14 | | policy finder to assist requesters with locating unclaimed life |
15 | | insurance benefits. The lost policy finder shall be available |
16 | | online and via other means. The Department shall assist a |
17 | | requester with using the lost policy finder, including |
18 | | informing the requester of the information that an insurer may |
19 | | need to facilitate responding to the request. |
20 | | (b) As soon as practicable, but no later than 30 days after |
21 | | receiving a request from a requester via the lost policy |
22 | | finder, the Department shall: |
23 | | (1) forward the request to all insurers deemed |
24 | | necessary by the Department in order to successfully |
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1 | | respond to the request; and |
2 | | (2) inform the requester that the Department received |
3 | | the request and forwarded the request to all insurers |
4 | | deemed necessary by the Department in order to successfully |
5 | | respond to the request. |
6 | | (c) Upon receiving a request forwarded by the Department |
7 | | through a lost policy finder, an insurer shall search for |
8 | | policies and any accounts subject to this Act that insure the |
9 | | life of or are owned by an individual named as the decedent in |
10 | | the request forwarded by the Department. |
11 | | (d) Within 30 days after receiving the request referenced |
12 | | in subsection (b) of this Section, or within 45 days after |
13 | | receiving the request where the insurer contracts with another |
14 | | entity to maintain the insurer's records, the insurer shall: |
15 | | (1) report to the Department through the lost policy |
16 | | finder the findings of the search conducted pursuant to |
17 | | subsection (c) of this Section; |
18 | | (2) for each identified policy and account insuring the |
19 | | life of, or owned by, the individual named as the decedent |
20 | | in the request, provide to a requester who is: |
21 | | (A) also the beneficiary of record on the |
22 | | identified policy or account, the information |
23 | | necessary to make a claim pursuant to the terms of the |
24 | | policy or account; and |
25 | | (B) not the beneficiary of record on the identified |
26 | | policy or account, the requested information to the |
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1 | | extent permissible to be disclosed in accordance with |
2 | | any applicable law, rule, or regulation and take such |
3 | | other steps necessary to facilitate the payment of any |
4 | | benefit that may be due under the identified policy or |
5 | | account. |
6 | | (e) The Department shall, within 30 days after receiving |
7 | | from all insurers the information required in item (1) of |
8 | | subsection (d) of this Section, inform the requester of the |
9 | | results of the search. |
10 | | (f) When a beneficiary identified in subsection (d) of this |
11 | | Section submits a claim or claims to an insurer, the insurer |
12 | | shall process such claim or claims and make prompt payments and |
13 | | distributions in accordance with all applicable laws, rules, |
14 | | and regulations. |
15 | | (g) Within 30 days after the final disposition of the |
16 | | request, an insurer shall report to the Department through the |
17 | | lost policy finder any benefits paid and any other information |
18 | | requested by the Department. |
19 | | Section 30. Administrative rules. |
20 | | (a) The Department shall adopt rules to administer and |
21 | | implement this Act. |
22 | | (b) The Department may limit an insurer's Death Master File |
23 | | comparisons required under Section 15 of this Act to the |
24 | | insurer's electronic searchable files or approve a plan and |
25 | | timeline for conversion of the insurer's files to searchable |
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1 | | electronic files upon a demonstration of hardship by the |
2 | | insurer. |
3 | | Section 35. Application. The provisions of this Act apply |
4 | | to policies, annuity contracts, and retained asset accounts in |
5 | | force on or after the effective date of this Act. |
6 | | Section 40. The Illinois Insurance Code is amended by |
7 | | changing Section 424 as follows:
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8 | | (215 ILCS 5/424) (from Ch. 73, par. 1031)
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9 | | Sec. 424. Unfair methods of competition and unfair or |
10 | | deceptive acts or
practices defined. The following are hereby |
11 | | defined as unfair methods of
competition and unfair and |
12 | | deceptive acts or practices in the business of
insurance:
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13 | | (1) The commission by any person of any one or more of |
14 | | the acts
defined or prohibited by Sections 134, 143.24c, |
15 | | 147, 148, 149, 151, 155.22,
155.22a, 155.42,
236, 237, 364, |
16 | | and 469 of this Code.
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17 | | (2) Entering into any agreement to commit, or by any |
18 | | concerted
action committing, any act of boycott, coercion |
19 | | or intimidation
resulting in or tending to result in |
20 | | unreasonable restraint of, or
monopoly in, the business of |
21 | | insurance.
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22 | | (3) Making or permitting, in the case of insurance of |
23 | | the types
enumerated in Classes 1, 2, and 3 of Section 4, |
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1 | | any unfair discrimination
between individuals or risks of |
2 | | the same class or of essentially the same
hazard and |
3 | | expense element because of the race, color, religion, or |
4 | | national
origin of such insurance risks or applicants. The |
5 | | application of this Article
to the types of insurance |
6 | | enumerated in Class 1 of Section 4 shall in no way
limit, |
7 | | reduce, or impair the protections and remedies already |
8 | | provided for by
Sections 236 and 364 of this Code or any |
9 | | other provision of this Code.
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10 | | (4) Engaging in any of the acts or practices defined in |
11 | | or prohibited by
Sections 154.5 through 154.8 of this Code.
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12 | | (5) Making or charging any rate for insurance against |
13 | | losses arising
from the use or ownership of a motor vehicle |
14 | | which requires a higher
premium of any person by reason of |
15 | | his physical disability, race, color,
religion, or |
16 | | national origin.
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17 | | (6) Failing to meet any requirement of the Unclaimed |
18 | | Life Insurance Benefits Act with such frequency as to |
19 | | constitute a general business practice. |
20 | | (Source: P.A. 99-143, eff. 7-27-15.)
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