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INDUSTRY NEWS FTC Responds to Funeral Consumer Alliance in "Cash Advance" Litigation The Federal Trade Commission has asked the U.S. Court of Appeals in Washington, D.C. to dismiss for lack of jurisdiction a Petition to Review an FTC advisory letter on the "cash advance" requirements of the Funeral Rule. The petition was filed by the Funeral Consumers Alliance, an advocacy group, which is claiming in other pending class action lawsuits that the Funeral Rule requires everything that a funeral home sells to be listed as a "cash advance" item, including caskets and vaults acquired from third party manufacturers, and the markups of each item must be disclosed to consumers. So far, a Texas circuit court has agreed with this interpretation but the July 7 advisory letter from the FTC stated that "the court is incorrect.... This was not and is not the Commission's intention in the 'cash advance' provisions of the Rule." The petition filed by FCA claims that the FTC advisory letter is "a substantive amendment or repeal of the Funeral Rule" and should therefore be set aside because FTC failed to follow required procedures, including public notice and comment, prior to publishing the letter (see the previous edition of ICFA WIRELESS for details). The FTC motion to dismiss points out, among other things, that the advisory letter "does not, and does not purport to, amend or modify the Funeral Rule in any way. Indeed, it is clear from the letter itself that it merely clarifies the meaning of the term 'cash advance item,' as that term is used in the Funeral Rule.... To the extent that a Commission advisory opinion may be challenged in court, such an action would have to be brought in the first instance in a district court pursuant to the Administrative Procedures Act." The appeals court has not yet ruled on the motion to dismiss. The complete text of the FTC advisory letter can be viewed on the FTC web page at www.ftc.gov/os/2005/07/050707funeralruleavoopin.pdf. IRS Announces New 2006 Dollar Limit For Qualified Funeral Trusts of $8,500 The Internal Revenue Service has announced its annual adjustment of the aggregate dollar amounts accepted into a "qualified funeral trust" for 2006. Deposits up to $8,500 for preneed contracts entered into during calendar year 2006 for the benefit of an individual under the contract will be considered "qualified" for purposes of section 685 in the Internal Revenue Code. This means that the trustee may elect to pay the federal income tax on the trust earnings in lieu of the purchaser of the contract. The trustee election was created under the Tax Reform Act of 1997, through the efforts of the ICFA and other interested parties, and the dollar amount was indexed for inflation annually. Originally, the dollar limit was $7,000. The announcement of the 2006 adjustment is contained in IRS Revenue Procedure 2005-70. House Bill Clarifies Funeral And Burial Arrangements Are Not SSI Resources Efforts continue in Congress to clarify that funds placed in irrevocable trusts for funeral and burial arrangements are excludable as "resources" in determining eligibility for Supplemental Security Income (SSI) benefits. On November 3, Representative J.D. Hayworth (R-AZ) introduced H.R. 4227 to codify into federal law a longstanding policy of the Social Security Administration regarding funds committed for use in funeral and burial plans. There is no dollar limit in the proposed legislation and the entire amount placed in an irrevocable trust account "shall not be considered a resource available to the individual" for SSI purposes. Attempts to codify this policy in previous years have not been successful. The bill has been referred to the House Ways and Means Committee, and ICFA members wishing more information on the proposal should contact Bob Fells at rfells@icfa.org or call 1-800-645-7700. ICFA NEWS Wide World of Sales Registrations Up from Last Year! The 2005 Wide World of Sales Conference blasted previous attendance records with 426 attendees, and the 2006 event, January 12-13 at Treasure Island in Las Vegas, is poised to draw even greater numbers. Currently, 152 sales managers and counselors, as well as cemetery and funeral home owners and managers, insurance agents and suppliers, have already registered to attend. That puts this year's conference 10 percent ahead of registrations at this time last year. At this rate the ICFA room block will almost certainly sell out. To reserve your room at Treasure Island today, go to www.icfa.org/pdf/ac06_hotel.pdf. Nowhere will preneed, at-need and family service managers and counselors find better "how-to" education and networking. Managers: Are you looking for new lead generation ideas? Need to fire up your sales team for improved productivity? Want to know where and how to recruit and hire closers? Ready to revamp your company's marketing programs? Counselors: Do you want some proven ideas for overcoming your fears of making cold calls, door knocking and asking for referrals? Want to improve your presentation style and connect better with families? Would you like to have a special lunch with Gary O'Sullivan, our profession's most renowned sales trainer and motivator? Don't miss the ICFA's Wide World of Sales: Reality-Based Selling! For details on all 19 presentations and 21 speakers and to register, visit www.icfa.org/sales06.htm or call 1.800.645.7700. Get the Edge: Set Yourself Apart Success in business means setting yourself apart from the competition. More than any other event in the cemetery and funeral service profession, the ICFA Annual Convention & Exposition offers real-world solutions for making your company stand out. Join us March 13-16, 2006, at The Venetian Resort, Hotel and Casino in Las Vegas. To view the Convention program, visit www.icfa.org/ac06.htm. The following are just a few of the workshops that will provide concrete ways to give your cemetery or funeral home an edge in your market:
ICFA Music License: Low-Cost, and Good for You, Too! Just two years ago, funeral homes had to pay more than $500 to purchase their legally required annual music license. Last year, the ICFA, with the support of other industry groups, successfully negotiated with ASCAP, BMI and SESAC for a deal that allows funeral homes and cemeteries to obtain their license for one low fee. In 2005, we introduced the $238 music license. In 2006, thanks to the profession's support of this low-cost solution, we are offering a Music License Membership for just $220. The price has decreased, because our volume discount has increased. Funeral homes, cemeteries and related businesses can obtain their 2006 music license, covering all three licensing agencies, for just $220 with no additional fees. The ICFA makes no profit on this program. The association's goal is simply to continue to attract more Music License Coalition Members, thereby increasing compliance within the profession and qualifying for even larger volume discounts in the future so participants can save even more money By purchasing music licensing through the ICFA Music License Membership program, funeral homes and related businesses are not only fulfilling their legal obligations to the licensing agencies, they are supporting the efforts the association is making to continue fostering open competition and lowering the price of licensing to this profession. If you have not already signed up for your 2006 license, please do so today. Visit www.icfa.org/music or call 1.800.645.7700. The ICFA appreciates your support of this important program! 2005-2006 Membership Directories Mailed in October The ICFA last month mailed out the 2005-2006 Buyer's Guide & Membership Directory to all members who are current on their dues. Members are encouraged to check their listings and notify the associations of any corrections or changes. The ICFA Buyer's Guide & Membership Directory offers contact information for thousands of cemeteries, funeral homes and related businesses, and nearly 250 local, state, regional, national and international organizations. In addition, it includes a 54-page index of individuals working in the profession, critical operational information and more. Please report changes to your listings by e-mailing gen4@icfa.org or calling 1.800.645.7700. Additional copies of the directory are available at a cost of $25 for members and $45 for non-members. To order, call 1.800.645.7700. CLASSIFIED ADS Preneed Sales Management Position If you are looking for a career opportunity at a great location, we are looking for an experienced sales manager for our preneed sales department. We are a 120-acre memorial park located on the beautiful Palos Verdes Peninsula in Southern California. Our recently updated Master Plan illustrates 25-50 years of additional development and sales. Experience in pre-developed mausoleum sales is desirable. The ability to immediately expand the sales team and its results through recruitment, training and motivation is essential. The successful candidate will work closely with senior management and be responsible for developing and implementing departmental budgets. Excellent compensation and benefits. Please fax or email your resume to Ray Frew, Green Hills Memorial Park, 310-521-1320 fax; drfrew@aol.com. See our Web site at www.greenhillsmemorial.com. Please do not call. Computer Software Do you know where all your information is? Are you tired of the same old options out there? Are you looking for more from your computer system? MACCSTM, from FPA Software, is the complete mortuary and cemetery solution, providing all the functionality and features needed to effectively manage and operate a memorial park and mortuary today. From pre-need sales prospecting all the way through interment (and everything in between!), MACCSTM provides an easy to use, flexible, and completely integrated system for a memorial park and mortuary providing funeral services. Consistent with our approach of providing a completely integrated solution, the MACCSTM Mapping module provides GIS mapping capabilities integrated in real-time with information in the MACCSTM cemetery property database. Mortuary case management, service tracking, cemetery property management, integrated mapping, accounts receivable, pre-need trusts, serialized casket inventory, complete reporting and forms management - MACCS has it all. Please feel free to contact us at 818-501-3390 or visit our website at www.fpasoftware.com/maccs to learn more about MACCSTM. Reach Thousands of Cemeteries and Funeral Homes With Your Classified Ad!
And more ... The ICFA Store allows members to purchase the latest ICFA resources and training products online. Some products are available for immediate direct download, including the newly released Wirthlin Report on consumer attitudes and article packages on cremation, cemetery and funeral home valuations and trust funds. The ICFA News Page takes you to sources throughout the world for industry news and updates. It brings you the most comprehensive selection of funeral service and cemetery news available anywhere, along with frequently updated general news items related to national and world events. The News Page reports the news before anyone else and is one of the most visited page on the ICFA Web site. Stop in each day and you'll see why. The Network is an online e-mail service that offers ICFA members an easy, free way to share questions and answers to everyday on-the-job challenges. Recent discussions have examined issues such as working with the Muslim community, distance between burial sites, direct mail marketing, the growing popularity of geocaching at cemeteries, recruiting staff and more. Ideal for smaller companies with smaller budgets. Join today! The ICFA Internet Expo is the largest online exposition in the cemetery and funeral service industry. Cemetery and funeral home owners and operators will find 300+ providers in more than 100 product and service categories. Exhibit space is provided as a free, exclusive benefit to all ICFA supplier and professional members. Check it out today! Need a labor relations and employment law attorney? Check out ICFA's HR Law Benefit program offering members no-cost telephone legal consultations, paid for by the ICFA via an exclusive retainer agreement. ICFA members now also have access to an attorney for tax-related questions regarding trust earnings, care fund allocations, capital gains, investments and more. The ICFA has retained Leslie Schneider, CPA, a tax attorney with Ivins, Phillips & Barker in Washington, D.C., for telephone consultations for up to 20 minutes with no obligation. To take advantage of this member benefit, call Schneider at 202.393.7600. The ICFA and Applied Merchant Systems of Chicago, Illinois, currently offer members a Credit Card Processing Program with a special low discount rate of 1.75 percent, with no per transaction processing fee. This new benefit makes it less expensive for cemeteries, funeral homes, memorial designers and related businesses to accommodate customers who wish to pay via credit card. For more information, call 1-800-675-6573. The ICFA Insurance Program, administered by Driver Alliant, allows members to purchase commercial property and casualty insurance -- including general liability, commercial property, automobile liability and physical damage, umbrella liability, professional liability, workers compensation, employee benefits and more -- at rates they probably would not be able to afford on their own. To advertise in the ICFA Wireless: The ICFA accepts limited advertising in the ICFA Wireless newsletter, a bi-weekly newsletter e-mailed to all ICFA members that are current on their dues and have provided a current e-mail address. For rates and to place your insertion, contact Quan Phan at qphan@icfa.org or 1.800.645.7700. To unsubscribe from the ICFA Wireless: Send an e-mail with "unsubscribe" in the subject line to: wireless@icfa.org. Please include your name and company name in the body of the e-mail. International Cemetery and Funeral Association 107 Carpenter Drive, Suite 100 Sterling, VA 20164 1.800.645.7700 703.391.8400 Fax: 703.391.8416 www.icfa.org Copyright 2005 International Cemetery and Funeral Association. |
