98-12-052  <<  98-12-053 >>   98-12-054

WAC 98-12-053

Limitation of total return distribution.

(1) The board may take corrective measures including reducing the total return percentage under one or more of the following circumstances:
(a) If the average fair market value of the endowment care fund declines by ten percent or more over a two-year period; or
(b) The fair market value of the fund at the beginning of a fiscal year is less than eighty percent of the fair market value of the fund the first day of the fiscal year when the endowment care fund started making distributions based on the total return distribution method; or
(c) There is an uncorrected endowment care deficiency as determined by the board's audit of the endowment care funds.
(2) The board may evaluate the endowment care fund conditions and choose not to impose corrective measures if it finds that:
(a) The reasons are due to unusual or temporary factors not within the control of the cemetery authority or the trustee and which could not have been reasonably anticipated;
(b) The current investment policy of the fund is reasonably designed to protect the fund from further declines in fair market value; or
(c) The exception appears to be both necessary and appropriate for the continued protection of the endowment care fund.
(3) The cemetery authority or trustee(s) shall not utilize the total return distribution method for part of the endowment care assets and concurrently distribute net income for part of the endowment care assets. Endowment care distributions may only be taken as net ordinary income or the total return distribution method.
[Statutory Authority: RCW 68.05.105. WSR 17-24-017, § 98-12-053, filed 11/28/17, effective 12/29/17.]
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