38 Ill. Adm. Code 610.60
Trust Investment in Life Insurance or Annuities
Section 610
Section 610.60 Trust
Investment in Life Insurance or Annuities
a) A Trustee of a trust account shall not invest trust funds in
life insurance policies or tax deferred annuities unless the following
requirements are met:
1) The company issuing the life insurance policies or
tax-deferred annuities is licensed by the Illinois Department of Insurance and
the insurance producer or annuity seller is licensed to do business in the
State of Illinois;
2) Prior to the investment, the purchaser approves, in writing,
the investment in life insurance policies or tax-deferred annuities;
3) Prior to the investment, the purchaser is notified by the
seller in writing about the disclosures required for all pre-need contracts
under Section 1a-1 of the Act, and the purchase of life insurance or a
tax-deferred annuity is subject to the requirements of Section 2a of the Act;
4) Prior to the investment, the trustee informs the comptroller
that trust funds shall be removed from the trust account to purchase life
insurance or a tax-deferred annuity upon the written consent of the purchaser;
5) The purchaser retains the right to refund provided for in the
Act, unless the pre-need contract is sold on an irrevocable basis as provided
in Section 4 of the Act; and
6) Notice must be given in writing that the cash surrender value
of a life insurance policy may be less than the amount provided for by the
refund provisions of the trust account.