Special Care

Cal. HSC § 8778.5

California Statutes

Each special care trust fund established pursuant to this

article shall be administered in compliance with the following requirements: (a)

(1) The board of trustees shall honor a written request of revocation by the trustor within days upon receipt of the written request.

(2) Except as provided in paragraph (3), the board of trustees upon revocation of a special care trust may assess a revocation fee on the earned income of the trust only, the amount of which shall not exceed percent of the trust corpus, as set forth in subdivision (

c) of

Section of Title of the California Code of Regulations.

(3) If, prior to or upon the death of the beneficiary of a revocable special care trust, the cemetery authority is unable to perform the services of the special care trust fund agreement, the board of trustees shall pay the entire trust corpus and all earned income to the beneficiary or trustor, or the legal representative of either the beneficiary or trustor, without the imposition of a revocation fee. (

b) Notwithstanding subdivision (

d) of

Section of Title of the California Code of Regulations, the board of trustees may charge an annual fee for administering a revocable special care trust fund, which may be recovered by administrative withdrawals from current trust income, but the total administrative withdrawals in any year shall not exceed percent of the trust balance. (

c) Notwithstanding

Section 8785, any person, partnership, or corporation who violates this

section shall be subject to disciplinary action as provided in

Article 6 (commencing with

Section 7686) of

Chapter of Division of the Business and Professions Code, or by a civil fine not exceeding five hundred dollars ($500), or by both, as determined by the Cemetery and Funeral Bureau and shall not be guilty of a crime.

Document details

CollectionCalifornia Statutes
CitationCal. HSC § 8778.5
Date2019-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierHSC8778.5.201857134

Special Care

Cal. HSC § 8778.5

California Statutes

Special Care

Cal. HSC § 8778.5

California Statutes

Each special care trust fund established pursuant to this

article shall be administered in compliance with the following requirements: (a)

(1) The board of trustees shall honor a written request of revocation by the trustor within days upon receipt of the written request.

(2) Except as provided in paragraph (3), the board of trustees upon revocation of a special care trust may assess a revocation fee on the earned income of the trust only, the amount of which shall not exceed percent of the trust corpus, as set forth in subdivision (

c) of

Section of Title of the California Code of Regulations.

(3) If, prior to or upon the death of the beneficiary of a revocable special care trust, the cemetery authority is unable to perform the services of the special care trust fund agreement, the board of trustees shall pay the entire trust corpus and all earned income to the beneficiary or trustor, or the legal representative of either the beneficiary or trustor, without the imposition of a revocation fee. (

b) Notwithstanding subdivision (

d) of

Section of Title of the California Code of Regulations, the board of trustees may charge an annual fee for administering a revocable special care trust fund, which may be recovered by administrative withdrawals from current trust income, but the total administrative withdrawals in any year shall not exceed percent of the trust balance. (

c) Notwithstanding

Section 8785, any person, partnership, or corporation who violates this

section shall be subject to disciplinary action as provided in

Article 6 (commencing with

Section 7686) of

Chapter of Division of the Business and Professions Code, or by a civil fine not exceeding five hundred dollars ($500), or by both, as determined by the Cemetery and Funeral Bureau and shall not be guilty of a crime.

Document details

CollectionCalifornia Statutes
CitationCal. HSC § 8778.5
Date2019-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierHSC8778.5.201857134