Adjustments to endowment care fund deposits
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Governs how cemetery authorities in Alabama may adjust deposits to required endowment care funds when transactions are cancelled or excess deposits are discovered, and the recordkeeping and timing requirements for such credits.
No material clinical or coverage changes in this revision.
Adjustment Conditions and Requirements
Adjustment conditions and requirements
Conditions under which a cemetery authority may adjust future endowment care fund deposits:
ANY of the following
- If a purchaser cancels a transaction and the cemetery authority refunds 100% of the purchase price (including the portion allocated to endowment care), the cemetery authority may recognize a credit against future required deposits equal to the contribution actually made for the cancelled transaction.
- If a calculation or other error resulted in an excess contribution to the endowment care fund for a transaction, the cemetery authority may recognize a credit against future required deposits equal to the excess amount deposited in error.
Administrative Coding & Deadlines
| No billing/coding provisions in this administrative bulletin. |
Permissible Withdrawals and Credit Application
Only permissible withdrawal: payment of net income
Payment of net income from the endowment care fund for covering the costs of the cemetery's endowment care is the only legally permissible form of asset withdrawal from an endowment care fund under Ala. Code § 27-17A-50(b).
Apply credit to future deposits for full refunds or excess deposits (4-month deadline)
A cemetery authority may apply a credit against future required endowment care deposits when a purchaser cancels and the cemetery authority refunds 100% of the purchase price (including the portion allocated to endowment care), or when an excess contribution was made due to error; recognition of the credit is optional but, if taken, must occur within four calendar months of the event.
- Credit amount equals the contribution actually made for the cancelled transaction or the excess amount deposited in error.
- Credits should not be recorded as withdrawals from the endowment care fund.
- Maintain detailed records and be prepared to provide a summary of all endowment care fund adjustments upon examination or request.
Terminology
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