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16-303. Payments and earnings; credit life insurance; irrevocable agreements. (a) Except as authorized by K.S.A. 16-308, and amendments thereto, all payments made under such agreement, contract or plan, and any earnings or interest thereon, shall remain with such bank, credit union or savings and loan association until the death of the person for whose service the funds were paid or, except as provided in subsection (c), until demand for payment is made by the purchaser of the merchandise or services to the bank, credit union or savings and loan association, and upon such payment to the purchaser, the contract shall terminate.

(b) At the option of a purchaser, any installment contract may provide for additional payments by the purchaser for the cost of group credit life insurance at such rate as is approved by the commissioner of insurance. In the event of the death of the purchaser, the proceeds shall be treated as funds in accordance with K.S.A. 16-304, and amendments thereto.

(c) At the option of the purchaser, such agreement, contract or plan may be made irrevocable as to the retail price of a casket, urn and outside burial container and on and after July 1, 2021, as to the first $10,000 of funds paid and set aside at the direction of the purchaser. On July 1, 2022, and each July 1 thereafter, such amount shall be increased in an amount equal to the average percentage increase in the consumer price index for all urban consumers in the midwest region as published by the bureau of labor statistics of the United States department of labor. Any interest and earnings accumulated under the agreement, contract or plan may also be irrevocable. Such option shall not prohibit the purchaser from designating a different funeral home at any time prior to death after written notice to the current funeral home, and, upon such notification, all documents and funds shall be transferred as necessary.

History: L. 1953, ch. 54, § 3; L. 1973, ch. 86, § 3; L. 1976, ch. 97, § 3; L. 1982, ch. 90, § 1; L. 1983, ch. 76, § 3; L. 1989, ch. 48, § 72; L. 1991, ch. 68, § 2; L. 1998, ch. 55, § 1; L. 2004, ch. 41, § 1; L. 2010, ch. 46, § 1; L. 2021, ch. 59, § 1; July 1.

Attorney General's Opinions:

Cemetery merchandise; defined. 85-134.

Prepaid funeral plans; disposition of unused funds; prohibition of finance charges. 2000-22.


1. Sections construed; statute is reasonable exercise of police power and constitutional; section applicable to contract for sale of burial vaults upon pre-need bases. State, ex rel., v. Anderson, 195 Kan. 649, 653, 654, 659, 663, 664, 408 P.2d 864.

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