(A) The holder of funds for a preneed funeral contract shall, in the calendar year in which the beneficiary of that contract reaches one hundred five years of age, contact the seller or successor seller to inform the seller or successor seller of the beneficiary’s one hundred fifth birthday in that calendar year.

Terms Used In Ohio Code 4717.311

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Contract: A legal written agreement that becomes binding when signed.
  • Seller: means any person that enters into a preneed funeral contract with a purchaser for the provision of funeral goods, funeral services, or both. See Ohio Code 4717.01

(B) The holder and the seller or successor seller shall agree to one of the following:

(1) That the holder shall make a reasonable attempt to confirm that the beneficiary is still alive. If the holder cannot confirm that the beneficiary is still alive during that calendar year, then, within one hundred eighty days of the end of that calendar year, the holder shall report and remit the funds to the director of commerce pursuant to Chapter 169 of the Revised Code.

(2) That the seller or successor seller shall make a reasonable attempt to confirm that the beneficiary is still alive. If the seller or successor seller cannot confirm that the beneficiary is still alive during that calendar year, then, within thirty days of the end of the calendar year, the seller or successor seller shall notify the holder. Within one hundred eighty days of receiving the notification, the holder shall report and remit the funds to the director of commerce pursuant to Chapter 169 of the Revised Code.

Last updated October 20, 2022 at 5:17 PM

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