House
File
2473
H-8318
Amend
the
amendment,
H-8315,
to
House
File
2473
as
1
follows:
2
1.
Page
17,
after
line
30
by
inserting:
3
<
DIVISION
___
4
UNCLAIMED
LIFE
INSURANCE
DEATH
BENEFITS
5
Sec.
___.
NEW
SECTION
.
507B.4C
Unclaimed
life
6
insurance.
7
1.
Purpose.
The
purpose
of
this
section
is
to
8
require
complete
and
proper
disclosure,
transparency,
9
and
accountability
relating
to
any
method
of
payment
10
for
life
insurance
death
benefits
regulated
by
the
11
commissioner.
12
2.
Definitions.
As
used
in
this
section,
unless
13
the
context
otherwise
requires:
14
a.
“Account
owner”
means
the
owner
of
a
retained
15
asset
account
who
is
a
resident
of
this
state.
16
b.
“Annuity”
means
an
annuity
contract
issued
in
17
this
state.
“Annuity”
does
not
include
any
annuity
18
contract
used
to
fund
an
employment-based
retirement
19
plan
or
program
where
the
insurer
takes
direction
from
20
the
plan
sponsor
or
plan
administrator.
21
c.
“Authorized
person”
means
a
policy
owner,
22
insured,
annuity
owner,
annuitant,
or
account
holder,
23
as
applicable
under
a
policy,
annuity,
or
retained
24
asset
account.
25
d.
“Death
master
file”
means
the
United
States
26
social
security
administration’s
death
master
file
27
or
any
other
database
or
service
that
is
at
least
as
28
comprehensive
as
the
United
States
social
security
29
administration’s
death
master
file
for
determining
that
30
a
person
has
died.
31
e.
“Death
master
file
match”
means
a
search
of
32
the
death
master
file
that
results
in
a
match
of
an
33
authorized
person’s
name
and
social
security
number
or
34
an
authorized
person’s
name
and
date
of
birth.
35
f.
“Insurer”
means
a
life
insurance
company
36
regulated
under
chapter
508.
37
g.
“Policy”
means
any
policy
or
certificate
of
life
38
insurance
issued
in
this
state.
“Policy”
does
not
39
include
any
of
the
following:
40
(1)
A
policy
or
certificate
of
life
insurance
which
41
provides
a
death
benefit
under
an
employee
benefit
42
plan
subject
to
the
federal
Employee
Retirement
Income
43
Security
Act
of
1974,
Pub.
L.
No.
93-406,
as
codified
44
at
29
U.S.C.
§1002
et
seq.
45
(2)
A
policy
or
certificate
of
life
insurance
which
46
provides
a
death
benefit
under
an
employee
benefit
plan
47
subject
to
a
federal
employee
benefit
program.
48
(3)
A
policy
or
certificate
of
life
insurance
49
which
is
used
to
fund
a
preneed
plan
for
cemetery
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merchandise,
funeral
merchandise,
funeral
services,
or
1
a
combination
thereof.
2
(4)
A
policy
or
certificate
of
credit
life
or
3
accidental
death
insurance.
4
(5)
A
policy
issued
to
a
group
master
policyowner
5
for
which
the
insurer
does
not
provide
recordkeeping
6
services.
7
h.
“Recordkeeping
services”
means
services
provided
8
by
an
insurer
who
has
entered
into
an
agreement
with
a
9
group
policy
customer
to
be
responsible
for
obtaining,
10
maintaining,
and
administering
in
the
insurer’s
own
11
recordkeeping
systems
at
least
all
of
the
following
12
information
about
each
individual
insured
under
13
the
insured’s
group
insurance
contract
or
a
line
of
14
coverage
thereunder:
15
(1)
Social
security
number
or
name
and
date
of
16
birth.
17
(2)
Beneficiary
designation
information.
18
(3)
Coverage
eligibility.
19
(4)
Benefit
amount.
20
(5)
Premium
payment
status.
21
i.
“Retained
asset
account”
means
an
22
interest-bearing
account
set
up
by
an
insurer
in
23
the
name
of
the
beneficiary
of
a
policy
or
annuity
upon
24
the
death
of
the
insured.
25
3.
Insurer
duties.
26
a.
For
any
in-force
policy,
annuity,
or
retained
27
asset
account
issued
for
delivery
in
this
state
for
28
which
the
insurer
has
not
previously
been
notified
of
29
a
claim,
an
insurer
shall
perform
a
comparison
of
such
30
policy,
annuity,
or
retained
asset
account
against
the
31
death
master
file,
on
at
least
a
semiannual
basis,
to
32
identify
potential
death
master
file
matches.
33
(1)
An
insurer
may
comply
with
the
requirements
of
34
this
subsection
by
using
the
full
death
master
file
for
35
the
initial
comparison
and
thereafter
using
the
death
36
master
file
update
files
for
subsequent
comparisons.
37
(2)
Nothing
in
this
section
shall
be
interpreted
to
38
limit
the
right
of
an
insurer
to
request
a
valid
death
39
certificate
as
part
of
any
claims
validation
process.
40
b.
If
an
insurer
learns
of
the
possible
death
of
an
41
authorized
person
through
a
death
master
file
match
or
42
otherwise,
the
insurer
shall,
within
ninety
days,
do
43
all
of
the
following:
44
(1)
Complete
a
good
faith
effort,
which
shall
be
45
documented
by
the
insurer,
to
confirm
the
death
of
the
46
authorized
person
against
other
available
records
and
47
information.
48
(2)
Review
the
insurer’s
records
to
determine
49
whether
the
deceased
authorized
person
had
purchased
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any
other
products
from
the
insurer.
1
(3)
Determine
whether
benefits
may
be
due
in
2
accordance
with
the
applicable
policy,
annuity,
or
3
retained
asset
account.
4
(4)
If
the
beneficiary
or
an
authorized
person
5
has
not
communicated
with
the
insurer
within
the
6
ninety-day
period,
take
reasonable
steps,
which
shall
7
be
documented
by
the
insurer,
to
locate
and
contact
any
8
beneficiary
or
other
authorized
person
on
the
policy,
9
annuity,
or
retained
asset
account,
including
sending
10
the
beneficiary
or
other
authorized
person
information
11
regarding
the
insurer’s
claims
process
and
regarding
12
the
need
to
provide
an
official
death
certificate,
if
13
applicable
under
the
policy,
annuity,
or
retained
asset
14
account.
15
c.
Every
insurer
shall
implement
procedures
to
16
account
for
all
of
the
following:
17
(1)
Common
nicknames,
initials
used
in
lieu
of
a
18
first
or
middle
name,
use
of
a
middle
name,
compound
19
first
and
middle
names,
and
interchanged
first
and
20
middle
names.
21
(2)
Compound
last
names,
maiden
or
married
names,
22
and
hyphens,
blank
spaces,
or
apostrophes
in
last
23
names.
24
(3)
Transposition
of
the
month
and
date
portions
of
25
the
date
of
birth.
26
(4)
Incomplete
social
security
numbers.
27
d.
An
insurer
may
disclose
minimum
necessary
28
personal
information
about
a
beneficiary
or
authorized
29
person
to
an
individual
or
entity
whom
the
insurer
30
reasonably
believes
may
be
able
to
assist
the
insurer
31
in
locating
the
beneficiary
or
authorized
person
32
entitled
to
payment
of
the
claims
proceeds.
33
e.
An
insurer
or
its
service
provider
shall
not
34
charge
a
beneficiary
or
authorized
person
any
fees
35
or
costs
associated
with
a
death
master
file
search
36
conducted
pursuant
to
this
section.
37
f.
The
benefits
from
a
policy,
annuity,
or
retained
38
asset
account,
plus
any
applicable
accrued
interest,
39
shall
first
be
payable
to
designated
beneficiaries
40
or
authorized
persons,
and
in
the
event
that
the
41
beneficiaries
or
authorized
persons
cannot
be
found,
42
shall
be
reported
and
remitted
to
the
state
as
43
unclaimed
property
pursuant
to
chapters
556
and
633.
44
4.
Rules.
The
commissioner
shall
adopt
rules
to
45
administer
the
provisions
of
this
section.
46
5.
Orders.
The
commissioner
may
issue
an
order
47
doing
any
of
the
following:
48
a.
Limiting
the
death
master
file
comparisons
49
required
under
subsection
3,
paragraph
“a”
,
to
an
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insurer’s
electronic
searchable
files
or
approving
a
1
plan
and
timeline
for
conversion
of
an
insurer’s
files
2
to
electronic
searchable
files.
3
b.
Exempting
an
insurer
from
the
death
master
file
4
comparisons
required
under
subsection
3,
paragraph
“a”
,
5
or
permitting
an
insurer
to
perform
such
comparisons
6
less
frequently
than
semiannually
upon
a
demonstration
7
of
financial
hardship
by
the
insurer.
8
c.
Phasing
in
requirements
for
compliance
with
this
9
section
according
to
a
plan
and
timeline
approved
by
10
the
commissioner.
11
6.
Unfair
trade
practice.
Failure
to
meet
any
12
requirement
of
this
section
with
such
frequency
as
to
13
constitute
a
general
business
practice
is
an
unfair
14
method
of
competition
and
an
unfair
or
deceptive
act
15
or
practice
in
the
business
of
insurance
under
this
16
chapter.
17
7.
Insurer
unclaimed
property
reporting.
18
a.
If
an
insurer
identifies
a
person
as
deceased
19
through
a
death
master
file
match
as
described
in
20
subsection
3,
paragraph
“a”
,
or
other
information
21
source,
and
validates
such
information
through
a
22
secondary
information
source,
the
insurer
may
report
23
and
remit
the
proceeds
of
the
policy,
annuity,
or
24
retained
asset
account
due
to
the
state
prior
to
the
25
dates
required
for
such
reporting
and
remittance
under
26
chapter
556,
without
further
notice
to
or
consent
by
27
the
state,
after
attempting
to
contact
any
beneficiary
28
under
either
of
the
following
circumstances:
29
(1)
The
insurer
is
unable
to
locate
a
beneficiary
30
who
is
located
in
this
state
under
the
policy,
annuity
31
contract,
or
retained
asset
account,
after
conducting
32
reasonable
search
efforts
of
up
to
one
year
after
the
33
insurer’s
validation
of
the
death
master
file
match.
34
(2)
No
beneficiary
or
person,
as
applicable
for
35
unclaimed
property
reporting
purposes
under
chapter
36
556,
has
a
last
known
address
in
this
state.
37
b.
Once
the
insurer
has
reported
upon
and
remitted
38
the
proceeds
of
the
policy,
annuity,
or
retained
39
asset
account
to
the
state
pursuant
to
chapter
556,
40
the
insurer
is
relieved
from
any
and
all
additional
41
liability
to
any
beneficiary
or
authorized
person
42
relating
to
the
proceeds
reported
upon
and
remitted.
43
Sec.
___.
EFFECTIVE
DATE.
This
division
of
this
44
Act
takes
effect
July
1,
2015.
>
45
2.
By
renumbering
as
necessary.
46
______________________________
SODERBERG
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