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2017 - 2018 LEGISLATURE
May 19, 2017 - Introduced by Representatives Jacque, Duchow, R. Brooks,
Genrich, Murphy, Thiesfeldt and Tusler, cosponsored by Senators Craig,
Carpenter, Harsdorf, Olsen, Nass and Wirch. Referred to Committee on
AB334,1,2 1An Act to create 632.63 of the statutes; relating to: life insurance and annuity
Analysis by the Legislative Reference Bureau
This bill implements the Model Unclaimed Life Insurance Benefits Act
their beneficiaries.
Under the bill, an insurer is required to compare the records of its life insurance
policies, annuity contracts, or retained asset accounts with the federal Social
Security Administration's Death Master File. The bill specifies the conditions under
which a potential match between those records and the Death Master File occurs.
The bill specifies that when a potential match occurs, the insurer must, within 90
days, complete a good faith effort, documented by the insurer, to validate the death
of the insured or retained asset account holder against other available records or
information. The insurer must then determine whether benefits are owed under the
policy or contract and, if so, use good faith efforts to locate any beneficiaries and
provide those beneficiaries claims forms and instructions for making a claim. With
respect to group life insurance policies, insurers are only required to compare its
records with the Death Master File if the insurer maintains certain information
regarding the life insurance policy. The bill also requires insurers to implement
procedures to account for discrepancies in records, such as compound last names or
transposed months and dates in dates of birth. Finally, the bill prohibits an insurer

from charging a beneficiary any fees or costs associated with comparing its records
or verifying a match with the Death Master File.
enact as follows:
AB334,1 1Section 1. 632.63 of the statutes is created to read:
AB334,2,3 2632.63 Unclaimed life insurance and annuities. (1) Definitions. In this
5annuity used to fund an employment-based retirement plan or program where the
6insurer does not perform the record-keeping services or the insurer is not committed
7by terms of the annuity contract to pay death benefits to the beneficiaries of specific
8plan participants.
AB334,2,129 (b) “Death master file” means the federal social security administration's death
10master file or any other database or service that is at least as comprehensive as the
11federal social security administration's death master file for determining that a
12person has reportedly died.
14results in a match of a person's name and social security number or the name and
15date of birth.
AB334,2,1616 (d) “Knowledge of death” means one of the following:
AB334,2,1717 1. Receipt of an original or valid copy of a certified death certificate.
AB334,2,1918 2. A death master file match validated by the insurer in accordance with sub.
19(2) (a) 1. a.
2benefit. “Policy” does not include any of the following
AB334,3,53 1. A policy or certificate of life insurance that provides a death benefit under
4an employee benefit plan subject to the Employee Retirement Income Security Act
5of 1974 or under any federal employee benefit program.
7contract or prearrangement.
AB334,3,88 3. A policy or certificate of credit life or accidental death insurance.
AB334,3,109 4. A policy issued to a group master policyholder for which the insurer does not
10provide record-keeping services.
AB334,3,1511 (g) “Record-keeping services” means those circumstances under which the
12insurer has agreed with a group policy or contract customer to be responsible for
13obtaining, maintaining, and administering in its own or its agents' systems
14information about each individual insured under an insured's group insurance
15contract, or a line of coverage thereunder, at least the following information:
AB334,3,1616 1. Social security number or name and date of birth.
AB334,3,1717 2. Beneficiary designation information.
AB334,3,1818 3. Coverage eligibility.
AB334,3,1919 4. Benefit amount.
AB334,3,2020 5. Premium payment status.
AB334,4,221 (h) “Retained asset account” means any mechanism whereby the settlement of
22proceeds payable under a policy or contract is accomplished by the insurer or an
23entity acting on behalf of the insurer depositing the proceeds into an account with
24check or draft writing privileges, where those proceeds are retained by the insurer

1or its agent, pursuant to a supplementary contract not involving annuity benefits
2other than death benefits.
AB334,4,83 (2) Insurer conduct. (a) An insurer shall perform a comparison of its insureds'
4in-force policies, contracts, and retained asset accounts against a death master file,
6thereafter using the death master file update files for future comparisons, to identify
7potential matches of its insureds. For those potential matches identified as a result
8of a death master file match, the insurer shall do all of the following:
AB334,4,99 1. Within 90 days of a death master file match:
11confirm the death of the insured or retained asset account holder against other
12available records and information.
AB334,4,1413 b. Determine whether benefits are due in accordance with the applicable policy
14or contract.
AB334,4,1515 2. If benefits are due in accordance with the applicable policy or contract:
17the beneficiary or beneficiaries.
AB334,4,2018 b. Provide the appropriate claims forms or instructions to the beneficiary or
19beneficiaries to make a claim, including the need to provide an official death
20certificate, if applicable under the policy or contract.
AB334,4,2321 (b) With respect to group life insurance, insurers are required to confirm the
22possible death of an insured when the insurers maintain at least the following
23information of those covered under a policy or certificate:
AB334,4,2424 1. Social security number or name and date of birth.
AB334,4,2525 2. Beneficiary designation information.
13. Coverage eligibility.
AB334,5,22 4. Benefit amount.
AB334,5,33 5. Premium payment status.
AB334,5,44 (c) Every insurer shall implement procedures to account for all of the following:
AB334,5,65 1. Initials used in lieu of a first or middle name, use of a middle name,
6compound first and middle names, and interchanged first and middle names.
AB334,5,87 2. Compound last names; maiden or married names; and hyphens, blank
8spaces, or apostrophes in last names.
AB334,5,99 3. Transposition of the month and date portions of the date of birth.
AB334,5,1310 (d) To the extent permitted by law, the insurer may disclose minimum
11necessary personal information about the insured or beneficiary to a person who the
12insurer reasonably believes may be able to assist the insurer to locate the beneficiary
13or a person otherwise entitled to payment of the claims proceeds.
AB334,5,1714 (e) The insurer comparison of in-force policies, contracts, and retained asset
15accounts shall be conducted first to the extent that such records are available
16electronically and then using the most easily accessible insurer records for records
17that are not available electronically.
AB334,5,1918 (f) Nothing in this section shall limit the insurer from requesting a valid death
19certificate as part of any claims validation process.
AB334,5,23 20(3) Fees and costs. An insurer or its service provider shall not charge any
21beneficiary or other authorized representative for any fees or costs associated with
22a death master file search or verification of a death master file match conducted
23pursuant to this section.
AB334,6,4 24(4) Payment of benefits. The benefits from a policy, contract, or a retained
25asset account, plus any applicable accrued contractual interest, shall first be payable

1to the designated beneficiaries or owners and, in the event said beneficiaries or
2owners cannot be found, shall escheat to the state as unclaimed property under ch.
3177. Interest payable under s. 628.46 shall not be payable as unclaimed property
4under s. 177.07.
AB334,6,6 5(5) Unclaimed proceeds. An insurer shall report and remit unclaimed
6insurance proceeds in accordance with the requirements of ch. 177.
AB334,6,10 7(6) Unfair marketing practices. Failure to meet any requirement of this
8section with such frequency as to constitute a general business practice is a violation
9of s. 628.34. Nothing in this section shall be construed to create or imply a private
10cause of action for a violation of this section.
AB334,6,12 11(7) Orders. The commissioner may make an order regarding any of the
AB334,6,1513 (a) Limiting an insurer's death master file comparisons required under sub. (2)
14(a) to the insurer's electronic searchable files or approving a plan and timeline for
15conversion of the insurer's files to electronic searchable files.
AB334,6,1816 (b) Exempting an insurer from the death master file comparisons required
17under sub. (2) (a) or permitting an insurer to perform such comparisons less
18frequently than semi-annually upon a demonstration of hardship by the insurer.
AB334,6,2019 (c) Phasing in compliance with this section according to a plan and timeline
20approved by the commissioner.
AB334,6,22 21(8) Rules. The commissioner may adopt rules implementing and
22administering this section.
AB334,2 23Section 2. Effective date.
1(1) This act takes effect on the first day of the 13th month beginning after
AB334,7,33 (End)