New Jersey § 45:7-82

§ 45:7-82.

As used in this act, in P.L.1952, c. 340 ( C. 45:7-32 et seq. ) and in section 18 of P.L.1960, c. 184 ( C. 45:7-65.3 ): “ Assigned funeral insurance policy ” means any insurance policy or annuity contract that is not a newly issued funeral

insurance policy, but that, at the time an assignment was made of some or all of its

proceeds, was intended to provide funds to the provider, whether directly or indirectly,

at the time of the insured's death in connection with a prepaid funeral agreement. “ At need funeral arrangements ” means funeral arrangements made with the survivors or personal representative of

a person who has already died for that person's funeral. “ Board ” means the State Board of Mortuary Science of New Jersey. “ Credit life insurance ” means insurance on the life of a debtor pursuant to or in connection with a specific

loan or other credit transaction. “ Deliver ” or “ delivery ” means the conveyance of actual control and possession of prepaid funeral goods that

have been permanently relinquished by a provider, or other person, firm or corporation,

or an agent thereof, to the purchaser or person paying the moneys, or personal representative

of the intended funeral recipient. Delivery has not been made if the provider, or other person, firm or corporation,

or an agent thereof: (1) Arranges or induces the purchaser or person paying the moneys to arrange for the

storage or warehousing of prepaid funeral goods ordered pursuant to a prepaid funeral

agreement, with or without evidence that legal title has passed; or (2) Acquires or reacquires actual or constructive possession or control of prepaid

funeral goods after their initial delivery to the purchaser or person paying the moneys

or personal representative of the intended funeral recipient. This definition of delivery shall apply to this term as used in this act, notwithstanding

the provisions set forth in the Uniform Commercial Code, Title 12A of the New Jersey

Statutes. “ Funeral arrangements ” means funeral and burial plans made through a mortuary, including the selection

of plans for the furnishing of funeral goods and services pursuant to a completed

plan of bodily disposition and the act of offering the opportunity to purchase or

to enroll in a prepaid funeral agreement by the mortuary. “ Funeral insurance policy ” means any newly issued funeral insurance policy or assigned funeral insurance policy . “ Funeral trust ” means a commingled or non-commingled account held in a pooled trust or P.O.D. account,

established in accordance with P.L.1957, c. 182 ( C. 2A:102-13 et seq. ) or P.L.1985, c. 147 ( C. 3B:11-16 et al.), which is intended as the depository for cash payments connected with a prepaid

funeral agreement. “ Guaranteed price agreement ” means a prepaid funeral agreement under which, in exchange for the proceeds of a

funeral trust or funeral insurance policy, the provider agrees to provide the stated

goods and services in the future, regardless of whether or not the retail value of

those goods and services exceeds the funds available from the funeral trust or funeral

insurance policy at the time of death of the intended funeral recipient. “ Intended funeral recipient ” means the person named in a prepaid funeral agreement for whose bodily disposition

the prepaid funeral agreement is intended to provide. The intended funeral recipient may or may not be the purchaser. “ Newly issued funeral insurance policy ” means any insurance policy or annuity contract that, at the time of issue, was intended

to provide, or was explicitly marketed for the purpose of providing, funds to the

provider, whether directly or indirectly, at the time of the insured's death in connection

with a prepaid funeral agreement. “ Non-guaranteed price agreement ” means a prepaid funeral agreement funded with a funeral trust or funeral insurance

policy, the proceeds of which the provider will apply to the current retail value

of the prepaid funeral goods and services previously selected at the time of death

of the intended funeral recipient, but which agreement shall not bind the provider

to provide the goods and services if the value thereof exceeds the funds available

at the time of death of the intended funeral recipient. “ Payable on death account ” or “ P.O.D. account ” means an account payable, on request to the purchaser or intended funeral recipient

of a prepaid funeral agreement during the lifetime of the intended funeral recipient

and on his death, to a provider of funeral goods and services. “ Pooled trust ” means a pooled trust account established pursuant to P.L.1985, c. 147 ( C. 3B:11-16 et al.). “ Preneed funeral arrangements ” means funeral arrangements made with an intended funeral recipient or his guardian,

agent or next of kin, for the funeral of the intended funeral recipient. “ Prepaid funeral agreement ” means a written agreement and all documents related thereto made by a purchaser

with a provider prior to the death of the intended funeral recipient, with which there

is connected a provisional means of paying for preneed funeral arrangements upon the

death of the intended funeral recipient by the use of a funeral trust or funeral insurance

policy, made payable to a provider and in return for which the provider promises to

furnish, make available or provide the prepaid funeral goods or services, or both,

specified in the agreement, the delivery of which occurs after the death of the intended

funeral recipient. “ Prepaid funeral goods ” means personal property typically sold or provided in connection with a funeral,

or the final disposition of human remains, including, but not limited to, caskets

or other primary containers, cremation or transportation containers, outer burial

containers, vaults, as defined in N.J.S.8A:1-2 , memorials as defined in N.J.S.8A:1-2 , funeral clothing or accessories, monuments, cremation urns, and similar funeral

or burial items, which goods are purchased in advance of need and which will not be

delivered until the death of the intended funeral recipient named in a prepaid funeral

agreement. Prepaid funeral goods shall not mean the sale of interment spaces and related personal

property offered or sold by a cemetery company as provided for in N.J.S.8A:1-1 et seq. “ Prepaid funeral services ” means those services typically provided in connection with a funeral, or the final

disposition of human remains, including, but not limited to, funeral directing services,

embalming services, care of human remains, preparation of human remains for final

disposition, transportation of human remains, use of facilities or equipment for viewing

human remains, visitation, memorial services or services which are used in connection

with a funeral or the disposition of human remains, coordinating or conducting funeral

rites or ceremonies and similar funeral or burial services, including limousine services

provided in connection therewith, which services are purchased in advance of need

and which will not be provided or delivered until the death of the intended funeral

recipient named in a prepaid funeral agreement. Prepaid funeral services shall not mean the sale of services incidental to the provision

of interment spaces or any related personal services offered or sold by a cemetery

company as provided for in N.J.S.8A:1-1 et seq. “ Provider ” means a person, firm or corporation duly licensed and registered pursuant to the

“Mortuary Science Act,” P.L.1952, c. 340 ( C. 45:7-32 et seq. ) to engage in the business and practice of funeral directing or mortuary science,

or an individual serving as an agent thereof and so licensed: (1) Operating a duly registered mortuary in accordance with P.L.1952, c. 340 ( C. 45:7-32 et seq. ) and the regulations promulgated thereunder; (2) Having his or its business and practice based within the physical confines of

the registered mortuary; and (3) Engaging in the practice of making preneed funeral arrangements, including, but

not limited to, offering the opportunity to purchase or enroll in prepaid funeral

agreements. “ Purchaser ” means the person named in a prepaid funeral agreement who purchases the prepaid

funeral goods and services to be provided thereunder. The purchaser may or may not be the intended funeral recipient. If the purchaser is different than the intended funeral recipient, it is understood

that the relationship of the purchaser to the intended funeral recipient includes

a means to provide administrative control over the agreement on behalf of the intended

funeral recipient. “ Retail installment contract ” means an agreement to pay the purchase price of goods or services in two or more

installments over a period of time. “ Statement of funeral goods and services ” means the itemized written statement required to be given to each person making

funeral arrangements in accordance with the regulations of the Federal Trade Commission

( 16 C.F.R. 453.2 ) and the board ( N.J.A.C.13:36-9.8 ).