S T A T E   O F   N E W   Y O R K
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                                 6943--A
    Cal. No. 997

                            I N  S E N A T E

                             April 13, 2012
                               ___________

Introduced  by  Sens.  SEWARD, PARKER -- read twice and ordered printed,
  and when printed to be committed to  the  Committee  on  Insurance  --
  reported  favorably  from  said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining its place in the order of third reading

AN  ACT to amend the insurance law, in relation to unclaimed life insur-
  ance benefits

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The insurance law is amended by adding a new section 3213-a
to read as follows:
  S  3213-A.  UNCLAIMED  BENEFITS.  (A) DEFINITIONS. FOR THE PURPOSES OF
THIS SECTION:
  (1) "ACCOUNT" MEANS ANY MECHANISM, WHETHER DENOTED AS A RETAINED ASSET
ACCOUNT OR OTHERWISE, WHEREBY THE SETTLEMENT OF PROCEEDS  PAYABLE  TO  A
BENEFICIARY  UNDER  A POLICY IS ACCOMPLISHED BY THE INSURER OR AN ENTITY
ACTING ON BEHALF OF THE INSURER WHERE THE PROCEEDS ARE RETAINED  BY  THE
INSURER PURSUANT TO A SUPPLEMENTARY CONTRACT.
  (2) "DEATH INDEX" MEANS THE DEATH MASTER FILE MAINTAINED BY THE UNITED
STATES  SOCIAL  SECURITY ADMINISTRATION OR ANY OTHER DATABASE OR SERVICE
THAT IS AT LEAST AS COMPREHENSIVE AS THE DEATH MASTER FILE MAINTAINED BY
THE UNITED STATES SOCIAL SECURITY ADMINISTRATION AND THAT IS  ACCEPTABLE
TO THE SUPERINTENDENT.
  (3)  "INSURED" INCLUDES AN INDIVIDUAL COVERED BY A POLICY OR AN ANNUI-
TANT WHEN THE ANNUITY CONTRACT PROVIDES FOR BENEFITS TO BE PAID OR OTHER
MONIES TO BE DISTRIBUTED UPON THE DEATH OF THE ANNUITANT.
  (4) "INSURER" MEANS A LIFE  INSURANCE  COMPANY  OR  FRATERNAL  BENEFIT
SOCIETY.
  (5) "LOST POLICY FINDER" MEANS A SERVICE MADE AVAILABLE BY THE DEPART-
MENT  ON ITS WEBSITE OR OTHERWISE DEVELOPED BY THE SUPERINTENDENT EITHER
ON HIS OR HER OWN OR IN CONJUNCTION  WITH  OTHER  STATE  REGULATORS,  TO
ASSIST CONSUMERS IN LOCATING UNCLAIMED LIFE INSURANCE BENEFITS.
  (6)  "POLICY"  MEANS  A LIFE INSURANCE POLICY, INCLUDING POLICIES THAT
HAVE LAPSED OR BEEN TERMINATED, ANNUITY CONTRACT, OR A CERTIFICATE UNDER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD15333-09-2

S. 6943--A                          2

A LIFE INSURANCE POLICY OR ANNUITY CONTRACT, OR A CERTIFICATE ISSUED  BY
A  FRATERNAL  BENEFIT  SOCIETY, UNDER WHICH BENEFITS ARE TO BE PAID UPON
THE DEATH OF THE INSURED.
  (B) APPLICABILITY. THIS SECTION SHALL APPLY TO:
  (1)  EVERY  POLICY ISSUED BY A DOMESTIC INSURER AND ANY ACCOUNT ESTAB-
LISHED UNDER OR AS A RESULT OF SUCH POLICY; AND
  (2) EVERY POLICY DELIVERED OR ISSUED FOR DELIVERY IN NEW  YORK  BY  AN
AUTHORIZED  FOREIGN  INSURER  AND  ANY ACCOUNT ESTABLISHED UNDER OR AS A
RESULT OF SUCH POLICY.
  (3) NOTWITHSTANDING PARAGRAPHS ONE AND TWO OF  THIS  SUBSECTION,  WITH
RESPECT TO A POLICY DELIVERED OR ISSUED FOR DELIVERY OUTSIDE THIS STATE,
A  DOMESTIC  INSURER  MAY,  IN LIEU OF THE REQUIREMENTS OF THIS SECTION,
IMPLEMENT PROCEDURES THAT MEET THE MINIMUM REQUIREMENTS OF THE STATE  IN
WHICH  THE POLICY WAS DELIVERED OR ISSUED, PROVIDED THAT THE SUPERINTEN-
DENT CONCLUDES THAT SUCH OTHER REQUIREMENTS ARE NO LESS FAVORABLE TO THE
POLICYOWNER AND BENEFICIARY THAN THOSE REQUIRED BY THIS SECTION.
  (4) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPHS ONE AND TWO  OF  THIS
SUBSECTION,  THIS  SECTION SHALL NOT APPLY TO LAPSED OR TERMINATED POLI-
CIES WITH NO BENEFITS  PAYABLE  THAT  WERE  SEARCHED  WITHIN  THE  THREE
HUNDRED  SIXTY-FIVE DAYS PRECEDING THE EFFECTIVE DATE OF THIS SECTION OR
THAT WERE SEARCHED MORE THAN EIGHTEEN MONTHS PRIOR TO  THE  MOST  RECENT
SEARCH CONDUCTED BY THE INSURER.
  (C)  IDENTIFYING INFORMATION. (1) EXCEPT AS SET FORTH IN PARAGRAPH TWO
OF THIS SUBSECTION, AT NO LATER THAN POLICY DELIVERY OR  THE  ESTABLISH-
MENT  OF  AN ACCOUNT AND UPON ANY CHANGE OF INSURED, OWNER, OR BENEFICI-
ARY, EVERY INSURER SHALL REQUEST INFORMATION SUFFICIENT TO  ENSURE  THAT
ALL  BENEFITS OR OTHER MONIES ARE DISTRIBUTED TO THE APPROPRIATE PERSONS
UPON THE DEATH OF THE INSURED OR ACCOUNT HOLDER, INCLUDING, AT  A  MINI-
MUM, THE NAME, ADDRESS, SOCIAL SECURITY NUMBER, DATE OF BIRTH, AND TELE-
PHONE  NUMBER  OF EVERY OWNER, INSURED AND BENEFICIARY OF SUCH POLICY OR
ACCOUNT, AS APPLICABLE.
  (2) WHERE AN INSURER ISSUES A POLICY OR PROVIDES FOR AN ACCOUNT  BASED
ON  DATA  RECEIVED  DIRECTLY FROM AN INSURED'S EMPLOYER, THE INSURER MAY
OBTAIN THE BENEFICIARY INFORMATION DESCRIBED IN PARAGRAPH  ONE  OF  THIS
SUBSECTION AFTER RECEIVING THE DATA FROM THE INSURED'S EMPLOYER.
  (D) STANDARDS FOR CROSS-CHECKING POLICIES. (1) EVERY INSURER SHALL USE
THE  DEATH INDEX TO CROSS-CHECK EVERY POLICY AND ACCOUNT SUBJECT TO THIS
SECTION NO LESS  FREQUENTLY  THAN  QUARTERLY,  EXCEPT  AS  SPECIFIED  IN
SUBSECTION  (G)  OF THIS SECTION. AN INSURER MAY PERFORM THE CROSS-CHECK
USING THE UPDATES MADE TO THE DEATH INDEX SINCE THE  DATE  OF  THE  LAST
CROSS-CHECK PERFORMED BY THE INSURER, PROVIDED THAT THE INSURER PERFORMS
THE  CROSS-CHECK  USING THE ENTIRE DEATH INDEX AT LEAST ONCE A YEAR. THE
SUPERINTENDENT MAY PROMULGATE RULES AND REGULATIONS THAT ALLOW AN INSUR-
ER TO PERFORM THE CROSS-CHECKS LESS FREQUENTLY THAN QUARTERLY, PROVIDED,
HOWEVER, THE INSURER MUST NOT BE ALLOWED TO  PERFORM  SUCH  CROSS-CHECKS
LESS THAN SEMI-ANNUALLY.
  (2)  THE  CROSS-CHECKS  SHALL  BE  PERFORMED USING THE SOCIAL SECURITY
NUMBER, THE NAME, AND DATE OF BIRTH OF THE INSURED OR ACCOUNT HOLDER.
  (3) IF AN INSURER ONLY HAS A PARTIAL  NAME,  SOCIAL  SECURITY  NUMBER,
DATE OF BIRTH, OR A COMBINATION THEREOF, OF THE INSURED OR ACCOUNT HOLD-
ER UNDER A POLICY OR ACCOUNT, THE INSURER SHALL USE THE AVAILABLE INFOR-
MATION TO PERFORM THE CROSS-CHECK.
  (4) EVERY INSURER SHALL IMPLEMENT REASONABLE PROCEDURES TO ACCOUNT FOR
COMMON  VARIATIONS  IN DATA THAT WOULD OTHERWISE PRECLUDE AN EXACT MATCH
WITH A DEATH INDEX.

S. 6943--A                          3

  (E) MULTIPLE POLICY SEARCH PROCEDURES. (1) UPON RECEIVING NOTIFICATION
OF THE DEATH OF AN INSURED OR ACCOUNT HOLDER OR IN THE EVENT OF A  MATCH
MADE  BY  A  DEATH  INDEX CROSS-CHECK PURSUANT TO SUBSECTION (D) OF THIS
SECTION, AN INSURER SHALL SEARCH EVERY POLICY OR ACCOUNT SUBJECT TO THIS
SECTION  TO  DETERMINE  WHETHER  THE  INSURER  HAS ANY OTHER POLICIES OR
ACCOUNTS FOR THE INSURED OR ACCOUNT HOLDER.
  (2) EVERY INSURER THAT RECEIVES A NOTIFICATION OF  THE  DEATH  OF  THE
INSURED  OR  ACCOUNT  HOLDER,  OR  IDENTIFIES A DEATH INDEX MATCH, SHALL
NOTIFY EACH UNITED STATES AFFILIATE AND  ANY  ENTITY  THAT  THE  INSURER
CONTRACTS  WITH  WHICH MAY MAINTAIN RECORDS RELATING TO POLICIES COVERED
BY THIS SECTION OF THE NOTIFICATION OR VERIFIED DEATH INDEX  MATCH,  WHO
SHALL  THEN  PERFORM  THE  SEARCH  REQUIRED  BY  PARAGRAPH  ONE  OF THIS
SUBSECTION.
  (F) STANDARDS FOR LOCATING CLAIMANTS. (1) EVERY INSURER  SHALL  ESTAB-
LISH PROCEDURES TO REASONABLY CONFIRM THE DEATH OF AN INSURED OR ACCOUNT
HOLDER  AND  BEGIN  TO LOCATE BENEFICIARIES WITHIN NINETY DAYS AFTER THE
IDENTIFICATION OF A POTENTIAL MATCH MADE BY A DEATH INDEX CROSS-CHECK OR
BY A SEARCH CONDUCTED BY THE INSURER PURSUANT TO SUBSECTION (E) OF  THIS
SECTION.  IF  THE INSURER CANNOT LOCATE BENEFICIARIES WITHIN NINETY DAYS
AFTER THE IDENTIFICATION OF A POTENTIAL MATCH, THE INSURER SHALL CONTIN-
UE TO SEARCH FOR BENEFICIARIES UNTIL THE BENEFITS ESCHEAT TO THE STATE.
  (2) ONCE THE BENEFICIARY OR BENEFICIARIES UNDER THE POLICY OR  ACCOUNT
HAVE BEEN LOCATED, THE INSURER SHALL PROVIDE TO THE BENEFICIARY OR BENE-
FICIARIES  THE  INFORMATION  NECESSARY  TO  MAKE A CLAIM PURSUANT TO THE
TERMS OF THE POLICY OR ACCOUNT. THE INSURER SHALL PROCESS ALL CLAIMS AND
MAKE PROMPT PAYMENTS AND DISTRIBUTIONS IN ACCORDANCE WITH ALL APPLICABLE
LAWS, RULES, AND REGULATIONS.
  (3) NOTHING HEREIN SHALL PREVENT AN INSURER FROM  REQUIRING  SATISFAC-
TORY  PROOF  OF  LOSS,  SUCH  AS A DEATH CERTIFICATE, FOR THE PURPOSE OF
VERIFYING THE DEATH OF THE INSURED.
  (G) THIS SECTION SHALL NOT APPLY TO:
  (1) GROUP POLICIES WHERE THE INSURER DOES NOT MAINTAIN RECORDS ON  ITS
ADMINISTRATIVE  SYSTEMS  CONTAINING  THE INFORMATION NECESSARY TO COMPLY
WITH THE REQUIREMENTS OF THIS SECTION;
  (2) ANY POLICY OR CERTIFICATE THAT PROVIDES A DEATH BENEFIT  UNDER  AN
EMPLOYEE  BENEFIT,  GOVERNMENT  OR  CHURCH PLAN SUBJECT TO OR AS DEFINED
UNDER THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 (29 USC 1002),
AS PERIODICALLY AMENDED, OR UNDER ANY FEDERAL EMPLOYEE BENEFIT PROGRAM;
  (3) ANY OTHER CIRCUMSTANCE AS DETERMINED  TO  BE  APPROPRIATE  BY  THE
SUPERINTENDENT.
  (H)  LOST  POLICY  FINDER.  (1)  THE  SUPERINTENDENT SHALL DEVELOP AND
IMPLEMENT  A  LOST  POLICY  FINDER  TO  ASSIST  REQUESTORS  IN  LOCATING
UNCLAIMED  LIFE  INSURANCE  BENEFITS.  THE  LOST  POLICY FINDER SHALL BE
AVAILABLE ONLINE AND VIA OTHER MEANS, INCLUDING BUT NOT LIMITED  TO  THE
DEPARTMENT'S TOLL FREE TELEPHONE NUMBER. THE SUPERINTENDENT SHALL ASSIST
A  REQUESTOR  IN  USING  THE LOST POLICY FINDER, INCLUDING INFORMING THE
REQUESTOR OF WHAT INFORMATION AN INSURER MAY NEED TO FACILITATE RESPOND-
ING TO THE REQUEST.
  (2) AS SOON AS PRACTICABLE BUT NO LATER THAN THIRTY DAYS AFTER RECEIV-
ING A REQUEST FROM A REQUESTOR VIA THE LOST POLICY  FINDER,  THE  SUPER-
INTENDENT SHALL:
  (I) FORWARD THE REQUEST TO ALL INSURERS DEEMED NECESSARY BY THE SUPER-
INTENDENT  IN  ORDER  TO SUCCESSFULLY RESPOND TO THE CONSUMER'S REQUEST;
AND

S. 6943--A                          4

  (II) INFORM THE  REQUESTOR  IN  WRITING  THAT  THE  REQUEST  HAS  BEEN
RECEIVED  AND  FORWARDED  TO ALL INSURERS DEEMED NECESSARY BY THE SUPER-
INTENDENT IN ORDER TO SUCCESSFULLY RESPOND TO THE REQUEST.
  (3) UPON RECEIVING A REQUEST FORWARDED BY THE SUPERINTENDENT THROUGH A
LOST  POLICY FINDER APPLICATION, EVERY INSURER SHALL SEARCH FOR POLICIES
AND ANY ACCOUNTS SUBJECT TO THIS SECTION THAT INSURE THE LIFE OF, OR ARE
OWNED BY, AN INDIVIDUAL NAMED AS THE DECEDENT IN THE  REQUEST  FORWARDED
BY THE SUPERINTENDENT.
  (4)  WITHIN  THIRTY  DAYS OF RECEIVING THE REQUEST REFERENCED IN PARA-
GRAPH TWO OF THIS SUBSECTION, THE INSURER SHALL:
  (I) REPORT TO THE SUPERINTENDENT THROUGH THE LOST  POLICY  FINDER  THE
FINDINGS  OF  THE  SEARCH  CONDUCTED PURSUANT TO PARAGRAPH THREE OF THIS
SUBSECTION;
  (II) FOR EACH IDENTIFIED POLICY AND ACCOUNT INSURING THE LIFE  OF,  OR
OWNED  BY,  THE  NAMED  INSURED,  PROVIDE TO A REQUESTOR WHO IS ALSO THE
BENEFICIARY OF RECORD ON THE IDENTIFIED POLICY OR ACCOUNT  THE  INFORMA-
TION  NECESSARY  TO  MAKE A CLAIM PURSUANT TO THE TERMS OF THE POLICY OR
ACCOUNT;
  (III) FOR EACH IDENTIFIED POLICY AND ACCOUNT INSURING THE LIFE OF,  OR
OWNED BY, THE NAMED INSURED, PROVIDE TO A REQUESTOR WHO IS NOT THE BENE-
FICIARY  OF  RECORD  ON  THE  IDENTIFIED POLICY OR ACCOUNT THE REQUESTED
INFORMATION TO THE EXTENT PERMISSIBLE TO BE DISCLOSED IN ACCORDANCE WITH
ANY APPLICABLE LAW, RULE, AND REGULATION AND TO TAKE  SUCH  OTHER  STEPS
NECESSARY TO FACILITATE THE PAYMENT OF ANY BENEFIT THAT MAY BE DUE UNDER
THE IDENTIFIED POLICY OR ACCOUNT; AND
  (5) THE SUPERINTENDENT SHALL, WITHIN THIRTY DAYS OF RECEIVING FROM ALL
INSURERS  THE INFORMATION REQUIRED IN SUBPARAGRAPH (I) OF PARAGRAPH FOUR
OF THIS SUBSECTION, INFORM THE REQUESTOR OF THE RESULTS OF THE SEARCH.
  (6) WHEN A BENEFICIARY IDENTIFIED IN PARAGRAPH FOUR OF THIS SUBSECTION
SUBMITS A CLAIM OR CLAIMS TO AN INSURER, THE INSURER SHALL PROCESS  SUCH
CLAIMS AND MAKE PROMPT PAYMENTS AND DISTRIBUTIONS IN ACCORDANCE WITH ALL
APPLICABLE LAWS, RULES, AND REGULATIONS.
  (7)  WITHIN  THIRTY  DAYS OF THE FINAL DISPOSITION OF THE REQUEST, THE
INSURER SHALL REPORT TO  THE  SUPERINTENDENT  THROUGH  THE  LOST  POLICY
FINDER  ANY  BENEFITS  PAID  AND  ANY OTHER INFORMATION REQUESTED BY THE
SUPERINTENDENT.
  (8) EVERY INSURER SHALL ESTABLISH PROCEDURES TO ELECTRONICALLY RECEIVE
THE LOST POLICY FINDER APPLICATION REQUEST FROM, AND  MAKE  REPORTS  TO,
THE  SUPERINTENDENT  AS  PROVIDED  FOR IN THIS SECTION. WHEN TRANSMITTED
ELECTRONICALLY, THE DATE THAT THE SUPERINTENDENT  FORWARDS  THE  REQUEST
SHALL  BE DEEMED TO BE THE DATE OF RECEIPT BY THE INSURER UNLESS THE DAY
IS A SATURDAY, SUNDAY OR A PUBLIC HOLIDAY, AS DEFINED IN  SECTION  TWEN-
TY-FIVE  OF  THE GENERAL CONSTRUCTION LAW AND, IN SUCH CASE, THE DATE OF
RECEIPT SHALL BE AS PROVIDED IN SECTION  TWENTY-FIVE-A  OF  THE  GENERAL
CONSTRUCTION  LAW.    THE  SUPERINTENDENT MAY PROMULGATE RULES AND REGU-
LATIONS THAT ALLOW AN  INSURER  TO  APPLY  FOR  AN  EXEMPTION  FROM  THE
REQUIREMENT THAT IT ELECTRONICALLY RECEIVE THE LOST POLICY FINDER APPLI-
CATION REQUEST.
  (I)  REPORTS.  EVERY  INSURER SUBJECT TO THIS SECTION SHALL INCLUDE IN
THE REPORT REQUIRED UNDER SECTION SEVEN HUNDRED THREE OF  THE  ABANDONED
PROPERTY  LAW ANY INFORMATION ON UNCLAIMED BENEFITS DUE PURSUANT TO THIS
SECTION THE NUMBER OF POLICIES AND ACCOUNTS THAT THE INSURER HAS IDENTI-
FIED PURSUANT TO THIS SECTION FOR THE PRIOR CALENDAR  YEAR  UNDER  WHICH
ANY  OUTSTANDING  MONIES  HAVE  NOT BEEN PAID OR DISTRIBUTED BY DECEMBER
THIRTY-FIRST OF SUCH YEAR EXCEPT POTENTIAL MATCHES STILL BEING  INVESTI-

S. 6943--A                          5

GATED  PURSUANT  TO  PARAGRAPH ONE OF SUBSECTION (F) OF THIS SECTION.  A
COPY OF THE REPORT SHALL ALSO BE FILED WITH THE SUPERINTENDENT.
  (J) THE SUPERINTENDENT IS AUTHORIZED TO PROMULGATE ANY RULES AND REGU-
LATIONS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION IN ACCORD-
ANCE WITH THE PROVISIONS OF THE STATE ADMINISTRATIVE PROCEDURE ACT.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.