Games being played on Illinois insurance bill?

 

On Sunday August 14, 2016 CBS Sixty Minutes re-broadcast a report on life insurance companies not informing beneficiaries when an insured is known to be deceased with a death benefit available. It appears that Illinois’ legislature has done something about the situation but the Governor has yet to sign the bill even though the bill was sent to his office on June 27, 2016. 

This editorial was originally published in June.  The actual legislation HR 4633 is shown below the editorial.

 

• Their View: Rauner should sign life insurance bill

 

 

• Many, perhaps most of us, have life insurance policies that we believe will provide a modicum of security to our loved ones when we die.

  But did you know that unless your beneficiary files a claim for the benefits provided by that policy, the insurance company doesn't have to pay out, even though the Social Security Administration keeps an up-to-date Master Death File to inform everyone promptly who has died?

  It's true. Indeed, the company doesn't even have to notify the executor of your estate that a policy exists.

  Now, it's true that most couples communicate with each another and are well aware of each other's policies. But not always. Say you've taken out a second policy just to make sure your family is secure when you're gone and you just never mentioned it.

  When you've died, unless your spouse or your will's executor finds it promptly and files a claim, the insurer can keep the money. If you've taken out an annuity, the insurer can keep the money you've built up in your account, too.

  To correct this legal loophole in Illinois, State Treasurer Michael Frerichs had legislation introduced in the General Assembly to change state law to make insurance companies straighten up and fly right. Frerichs explained the bill in a June 1 news release:

  "House Bill 4633 requires insurers to periodically match their policies, annuity contracts and retained asset accounts against the Death Master File. If an insurer runs the (master file) more frequently to stop annuity payments, it must do the same for death benefits. If a match is found and the beneficiaries do not file a claim within 120 days, the insurer must make a good-faith effort to locate the beneficiaries. If the insurer locates the beneficiaries, they must provide them with the proper forms to claim the proceeds. If the insurer does not locate the beneficiaries and no one claims the proceeds from the insurer within the statutory five-year period, the money must be turned over to the state so the treasurer can continue attempting to locate the beneficiaries."

  The bill passed the House 118-0. It passed the Senate 54-0.

  How bad is the situation? Frerichs said that "since 2011, Illinois has used audits to identify more than $550 million in life insurance proceeds that should have been paid to beneficiaries in Illinois."

  The bill is now on Gov. Bruce Rauner's desk. We urge him to sign it — without monkeying around with it using his amendatory veto.

  This bill is obviously popular with the people we send to Springfield, which is why no one voted against the measure. But the insurance industry is a powerful lobby in Illinois, and it isn't giving up.

  Frerichs has been sued by Chicago-based Kemper Corp. and three insurance companies under its umbrella. Kemper said it shouldn't be required to take steps to find out whether someone has died and that benefits are payable.

  Still, signing a bill that passed unanimously should be a no-brainer for the governor, right?

  Wrong. We have sent quite a few no-brainers to Springfield, and lots of shape-shifters, too. Shape-shifters pretend to be for something but are actually against it.

  Based on the Editorial Board's decades of collective experience following the antics of the General Assembly, here's what we fear could happen:

  The governor uses his amendatory veto to weaken the bill while claiming he's improving it. Then, Speaker of the House Michael Madigan says he won't bring up bills on which Rauner has used his amendatory veto.

  Presto! The bill dies without anyone's fingers on it. Everyone can campaign for re-election claiming, "I was for this bill, but the governor (or speaker) spiked it."

  Meanwhile, the governor and the speaker can blame each other — and the insurance lobby wins quietly.

  This shouldn't happen, and we don't know that it will, but it could, which is why we again urge Gov. Rauner to be a hero, not a zero, and sign the bill as it was written and passed.

  — GateHouse News Service. This editorial originally appeared in the Rockford Register-Star.

• Above is from:  http://www.sj-r.com/opinion/20160627/their-view-rauner-should-sign-life-insurance-bill

•  

New Act

215 ILCS 5/424
from Ch. 73, par. 1031

Synopsis As Introduced
Creates the Unclaimed Life Insurance Benefits Act. Provides that the purpose of the Act is to require all authorized insurers regulated by the Department of Insurance to undertake good faith efforts, as specified in the Act, to locate and pay beneficiaries' proceeds under unclaimed life insurance policies, annuity contracts, and retained asset accounts issued in the State or remit such proceeds as unclaimed property to the appropriate jurisdiction if the beneficiaries are unable to be located or paid. Requires insurers to implement the certain policies and procedures for performing a comparison of its policies, annuity contracts, and retained asset accounts against the United States Social Security Administration's Death Master File. Provides that failure to meet any requirement of the Act is an unfair trade practice under the Illinois Insurance Code, and amends the Illinois Insurance Code to make a corresponding change.
Senate Committee Amendment No. 1
Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes: Makes changes to provisions setting forth the purpose of the Act. Requires insurers to complete an initial comparison of its records with the Death Master File by December 31, 2017 and then on a semi-annual basis thereafter. Provides that in the event that one of the insurer's lines of business conducts a search for matches more frequently than semi-annually, then all lines of the insurer's business shall conduct searches for matches with the same frequency. Removes provisions concerning partial matches. Makes changes to the procedure for potential matches and searches an insurer must perform. Provides that nothing in the Act shall be construed to amend, modify, or supersede the Uniform Disposition of Unclaimed Property Act. Requires the Department of Insurance to develop and implement a lost policy finder to assist requesters with locating unclaimed life insurance benefits. Provides that the Department may limit an insurer's Death Master File comparisons to the insurer's electronic searchable files or approve a plan and timeline for conversion of the insurer's files to searchable electronic files upon a demonstration of hardship by the insurer. Removes and makes changes to certain definitions. Changes various references from "insureds" to "insureds, annuitants, and retained asset account holders." Makes other changes.

Full Text of HB4633

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Introduced Engrossed Enrolled
Senate Amendment 001
Printer-Friendly Version PDF Bill Status

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AN ACT concerning business.

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Be it enacted by the People of the State of Illinois,

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represented in the General Assembly:

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Section 1. Short title. This Act may be cited as the

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Unclaimed Life Insurance Benefits Act.

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Section 5. Purpose. This Act shall require recognition of

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the Uniform Disposition of Unclaimed Property Act and require

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the complete and proper disclosure, transparency, and

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accountability relating to any method of payment for life

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insurance, annuity, or retained asset agreement death

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benefits.

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Section 10. Definitions. As used in this Act:

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"Annuity contract" does not include an annuity contract

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used to fund an employment-based retirement plan or program

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where (1) the insurer does not perform the record keeping

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services or (2) the insurer is not committed by the terms of

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the annuity contract to pay death benefits to the beneficiaries

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of specific plan participants.

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"Date of death" means the date on which an insured, annuity

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owner, or retained asset account holder died.

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"Date of death notice" means the date the insurer first has

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notice of the date of death of an insured, annuity owner, or

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retained asset account holder. "Date of death notice" includes,

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but is not limited to, the date the insurer received

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information or gained knowledge of a Death Master File match or

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any other source or record maintained or located in insurer

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records of the death of an insured, annuity owner, or retained

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asset account holder.

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"Death Master File" means the United States Social Security

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Administration's Death Master File or any other database or

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service that is at least as comprehensive as the United States

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Social Security Administration's Death Master File for

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determining that a person has reportedly died.

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"Death Master File match" means a match of the social

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security number or the name and date of birth of an insured,

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annuity owner, or retained asset account holder resulting from

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a search of the Death Master File.

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"Department" means the Department of Insurance.

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"Lost policy finder" means a service made available by the

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Department on its website or otherwise developed by the

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Department to assist consumers with locating unclaimed life

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insurance benefits.

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"Policy" means any policy or certificate of life insurance

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that provides a death benefit. "Policy" does not include any

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policy or certificate of credit life or accidental death

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insurance or health coverages, including, but not limited to,

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disability and long-term care arising from the reported death

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of a person insured under the coverage, or any policy issued to

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a group master policyholder for which the insurer does not

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provide record keeping services.

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"Record keeping services" means services provided under

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circumstances in which the insurer has agreed with a group

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policy or annuity contract customer to be responsible for

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obtaining, maintaining, and administering its own or its

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agents' systems information about each individual insured

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under an insured's group insurance contract, or a line of

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coverage thereunder, including, but not limited to, the

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following: (1) social security number or name and date of

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birth, (2) beneficiary designation information, (3) coverage

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eligibility, (4) benefit amount, and (5) premium payment

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status.

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"Retained asset account" means any mechanism whereby the

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settlement of proceeds payable under a policy or annuity

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contract is accomplished by the insurer or an entity acting on

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behalf of the insurer depositing the proceeds into an account

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with check or draft writing privileges, where those proceeds

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are retained by the insurer or its agent pursuant to a

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supplementary contract not involving annuity benefits other

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than death benefits.

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Section 15. Insurer conduct.

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(a) An insurer shall initially perform a comparison of its

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insureds', annuitants', and retained asset account holders'

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in-force policies, annuity contracts, and retained asset

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accounts by using the full Death Master File. The initial

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comparison shall be completed on or before December 31, 2017,

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unless extended by the Department pursuant to administrative

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rule. Thereafter, an insurer shall perform a comparison on at

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least a semi-annual basis using the Death Master File update

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files for comparisons to identify potential matches of its

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insureds, annuitants, and retained asset account holders. In

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the event that one of the insurer's lines of business conducts

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a search for matches of its insureds, annuitants, and retained

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asset account holders against the Death Master File at

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intervals more frequently than semi-annually, then all lines of

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the insurer's business shall conduct searches for matches

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against the Death Master File with the same frequency.

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An insured, an annuitant, or a retained asset account

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holder is presumed dead if the date of his or her death is

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indicated by the comparison required in this subsection (a),

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unless the insurer has competent and substantial evidence that

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the person is living, including, but not limited to, a contact

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made by the insurer with the person or his or her legal

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representative.

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For those potential matches identified as a result of a

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Death Master File match, the insurer shall within 120 days

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after the date of death notice, if the insurer has not been

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contacted by a beneficiary, determine whether benefits are due

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in accordance with the applicable policy or contract and, if

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benefits are due in accordance with the applicable policy or

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contract:

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(1) use good faith efforts, which shall be documented

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by the insurer, to locate the beneficiary or beneficiaries;

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the Department shall establish by administrative rule

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minimum standards for what constitutes good faith efforts

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to locate a beneficiary, which shall include: (A) searching

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insurer records; (B) the appropriate use of First Class

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United States mail, e-mail addresses, and telephone calls;

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and (C) reasonable efforts by insurers to obtain updated

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contact information for the beneficiary or beneficiaries;

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good faith efforts shall not include additional attempts to

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contact the beneficiary at an address already confirmed not

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to be current; and

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(2) provide the appropriate claims forms or

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instructions to the beneficiary or beneficiaries to make a

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claim, including the need to provide an official death

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certificate if applicable under the policy or annuity

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contract.

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(b) Insurers shall implement procedures to account for the

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following when conducting searches of the Death Master File:

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(1) common nicknames, initials used in lieu of a first

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or middle name, use of a middle name, compound first and

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middle names, and interchanged first and middle names;

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(2) compound last names, maiden or married names, and

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hyphens, blank spaces, or apostrophes in last names;

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(3) transposition of the "month" and "date" portions of

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the date of birth; and

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(4) incomplete social security numbers.

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(c) To the extent permitted by law, an insurer may disclose

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the minimum necessary personal information about the insured,

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annuity owner, retained asset account holder, or beneficiary to

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a person whom the insurer reasonably believes may be able to

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assist the insurer with locating the beneficiary or a person

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otherwise entitled to payment of the claims proceeds.

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(d) An insurer or its service provider shall not charge any

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beneficiary or other authorized representative for any fees or

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costs associated with a Death Master File search or

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verification of a Death Master File match conducted pursuant to

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this Act.

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(e) The benefits from a policy, annuity contract, or a

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retained asset account, plus any applicable accrued interest,

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shall first be payable to the designated beneficiaries or

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owners and, in the event the beneficiaries or owners cannot be

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found, shall be reported and delivered to the State Treasurer

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pursuant to the Uniform Disposition of Unclaimed Property Act.

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Nothing in this subsection (e) is intended to alter the amounts

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reportable under the existing provisions of the Uniform

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Disposition of Unclaimed Property Act or to allow the

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imposition of additional statutory interest under Article XIV

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of the Illinois Insurance Code.

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(f) Failure to meet any requirement of this Section with

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such frequency as to constitute a general business practice is

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a violation of Section 424 of the Illinois Insurance Code.

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Nothing in this Section shall be construed to create or imply a

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private cause of action for a violation of this Section.

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Section 20. Uniform Disposition of Unclaimed Property Act.

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Nothing in this Act shall be construed to amend, modify, or

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supersede the Uniform Disposition of Unclaimed Property Act,

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including the authority of the State Treasurer to examine the

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records of any person if the State Treasurer has reason to

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believe that such person has failed to report property that

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should have been reported pursuant to the Uniform Disposition

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of Unclaimed Property Act.

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Section 25. Lost policy finder.

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(a) The Department shall develop and implement a lost

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policy finder to assist requesters with locating unclaimed life

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insurance benefits. The lost policy finder shall be available

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online and via other means. The Department shall assist a

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requester with using the lost policy finder, including

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informing the requester of the information that an insurer may

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need to facilitate responding to the request.

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(b) As soon as practicable, but no later than 30 days after

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receiving a request from a requester via the lost policy

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finder, the Department shall:

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(1) forward the request to all insurers deemed

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necessary by the Department in order to successfully

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respond to the request; and

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(2) inform the requester that the Department received

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the request and forwarded the request to all insurers

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deemed necessary by the Department in order to successfully

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respond to the request.

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(c) Upon receiving a request forwarded by the Department

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through a lost policy finder, an insurer shall search for

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policies and any accounts subject to this Act that insure the

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life of or are owned by an individual named as the decedent in

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the request forwarded by the Department.

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(d) Within 30 days after receiving the request referenced

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in subsection (b) of this Section, or within 45 days after

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receiving the request where the insurer contracts with another

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entity to maintain the insurer's records, the insurer shall:

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(1) report to the Department through the lost policy

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finder the findings of the search conducted pursuant to

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subsection (c) of this Section;

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(2) for each identified policy and account insuring the

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life of, or owned by, the individual named as the decedent

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in the request, provide to a requester who is:

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(A) also the beneficiary of record on the

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identified policy or account, the information

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necessary to make a claim pursuant to the terms of the

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policy or account; and

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(B) not the beneficiary of record on the identified

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policy or account, the requested information to the

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extent permissible to be disclosed in accordance with

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any applicable law, rule, or regulation and take such

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other steps necessary to facilitate the payment of any

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benefit that may be due under the identified policy or

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account.

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(e) The Department shall, within 30 days after receiving

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from all insurers the information required in item (1) of

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subsection (d) of this Section, inform the requester of the

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results of the search.

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(f) When a beneficiary identified in subsection (d) of this

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Section submits a claim or claims to an insurer, the insurer

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shall process such claim or claims and make prompt payments and

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distributions in accordance with all applicable laws, rules,

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and regulations.

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(g) Within 30 days after the final disposition of the

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request, an insurer shall report to the Department through the

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lost policy finder any benefits paid and any other information

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requested by the Department.

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Section 30. Administrative rules.

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(a) The Department shall adopt rules to administer and

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implement this Act.

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(b) The Department may limit an insurer's Death Master File

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comparisons required under Section 15 of this Act to the

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insurer's electronic searchable files or approve a plan and

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timeline for conversion of the insurer's files to searchable

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electronic files upon a demonstration of hardship by the

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insurer.

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Section 35. Application. The provisions of this Act apply

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to policies, annuity contracts, and retained asset accounts in

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force on or after the effective date of this Act.

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Section 40. The Illinois Insurance Code is amended by

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changing Section 424 as follows:

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(215 ILCS 5/424) (from Ch. 73, par. 1031)

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Sec. 424. Unfair methods of competition and unfair or

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deceptive acts or practices defined. The following are hereby

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defined as unfair methods of competition and unfair and

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deceptive acts or practices in the business of insurance:

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(1) The commission by any person of any one or more of

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the acts defined or prohibited by Sections 134, 143.24c,

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147, 148, 149, 151, 155.22, 155.22a, 155.42, 236, 237, 364,

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and 469 of this Code.

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(2) Entering into any agreement to commit, or by any

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concerted action committing, any act of boycott, coercion

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or intimidation resulting in or tending to result in

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unreasonable restraint of, or monopoly in, the business of

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insurance.

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(3) Making or permitting, in the case of insurance of

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the types enumerated in Classes 1, 2, and 3 of Section 4,

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any unfair discrimination between individuals or risks of

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the same class or of essentially the same hazard and

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expense element because of the race, color, religion, or

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national origin of such insurance risks or applicants. The

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application of this Article to the types of insurance

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enumerated in Class 1 of Section 4 shall in no way limit,

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reduce, or impair the protections and remedies already

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provided for by Sections 236 and 364 of this Code or any

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other provision of this Code.

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(4) Engaging in any of the acts or practices defined in

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or prohibited by Sections 154.5 through 154.8 of this Code.

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(5) Making or charging any rate for insurance against

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losses arising from the use or ownership of a motor vehicle

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which requires a higher premium of any person by reason of

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his physical disability, race, color, religion, or

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national origin.

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(6) Failing to meet any requirement of the Unclaimed

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Life Insurance Benefits Act with such frequency as to

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constitute a general business practice.

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(Source: P.A. 99-143, eff. 7-27-15.)