Illinois Compiled Statutes 215 ILCS 159/11 – Viatical settlement broker training requirements
Current as of: 2024 | Check for updates
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(a) Viatical settlement broker training shall be required as follows:
(1) An individual may not sell, solicit, or negotiate
(1) An individual may not sell, solicit, or negotiate
viatical settlement contracts unless the individual is licensed as a life insurance producer or viatical settlement broker and has completed a one-time training course. The training shall meet the requirements set forth in subsection (b) of this Section.
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(2) An individual already licensed and selling,
soliciting, or negotiating viatical settlement contracts on the effective date of this Act may not continue to sell, solicit, or negotiate viatical settlement contracts unless the individual has completed a one-time training course, as set forth in subsection (b) of this Section, within 6 months after the effective date of this Act or within 6 months after availability of the training course, whichever is later.
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(3) In addition to the one-time training course
required under items (1) and (2) of this subsection (a), an individual who sells, solicits, or negotiates viatical settlement contracts shall complete ongoing training as set forth in subsection (b) of this Section.
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(4) The training requirements of subsection (b) of
this Section may be approved as continuing education courses under Section 500-35(b)(1) of the Illinois Insurance Code.
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(b) Minimum education and training shall be required as follows:
(1) The one-time training required by this Section
Terms Used In Illinois Compiled Statutes 215 ILCS 159/11
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See Illinois Compiled Statutes 5 ILCS 70/1.36
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
(1) The one-time training required by this Section
shall be no less than 4 hours and the ongoing training required by this Section shall be no less than 4 hours over a 24-month period.
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(2) The training required under item (1) of this
subsection (b) shall consist of topics related to viatical settlement contracts, including, but not limited to:
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(A) State and federal laws and regulations
regarding viatical settlement transactions;
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(B) potential tax implications for participants
in viatical settlement contracts;
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(C) potential impact on public benefits payments
to viatical settlement participants;
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(D) alternatives to viatical settlement
contracts; and
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(E) consumer suitability standards and guidelines.
(3) The training required by this Section shall not
(3) The training required by this Section shall not
include training that is specific to or that includes any sales or marketing information, materials, or training of any company, other than those required by State or federal law.
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(c) Viatical settlement providers shall provide verification of training as follows:
(1) Viatical settlement providers subject to this Act
(1) Viatical settlement providers subject to this Act
shall obtain verification that a producer receives training required by subsection (a) of this Section before a producer is permitted to sell, solicit, or negotiate viatical settlement contracts. Viatical settlement providers shall maintain records for verification subject to the State’s record retention requirements and make the verification available to the Director upon request.
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(2) Viatical settlement providers subject to this Act
shall maintain records with respect to the training of viatical settlement brokers with whom the provider contracts or otherwise engages in viatical settlement transactions. These records shall be maintained in accordance with the State’s record retention requirements and shall be made available to the Director upon request.
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(d) The satisfaction of these training requirements in any state shall be deemed to satisfy the training requirements in this State.