Section 8778.5 Of Article 4. Special Care From California Health And Safety Code >> Division 8. >> Part 3. >> Chapter 5. >> Article 4.
8778.5
. Each special care trust fund established pursuant to this
article shall be administered in compliance with the following
requirements:
(a) (1) The board of trustees shall honor a written request of
revocation by the trustor within 30 days upon receipt of the written
request.
(2) Except as provided in paragraph (3), the board of trustees
upon revocation of a special care trust may assess a revocation fee
on the earned income of the trust only, the amount of which shall not
exceed 10 percent of the trust corpus, as set forth in subdivision
(c) of Section 2370 of Title 16 of the California Code of
Regulations.
(3) If, prior to or upon the death of the beneficiary of a
revocable special care trust, the cemetery authority is unable to
perform the services of the special care trust fund agreement, the
board of trustees shall pay the entire trust corpus and all earned
income to the beneficiary or trustor, or the legal representative of
either the beneficiary or trustor, without the imposition of a
revocation fee.
(b) Notwithstanding subdivision (d) of Section 2370 of Title 16 of
the California Code of Regulations, the board of trustees may charge
an annual fee for administering a revocable special care trust fund,
which may be recovered by administrative withdrawals from current
trust income, but the total administrative withdrawals in any year
shall not exceed 4 percent of the trust balance.
(c) Notwithstanding Section 8785, any person, partnership, or
corporation who violates this section shall be subject to
disciplinary action as provided in Article 6 (commencing with Section
9725) of Chapter 19 of Division 3 of the Business and Professions
Code, or by a civil fine not exceeding five hundred dollars ($500),
or by both, as determined by the Cemetery and Funeral Bureau and
shall not be guilty of a crime.