Ruling #2: Care and Maintenance Contribution on Re-sale

Approved by the Board on 12 June 2013

By-law:            Operations By-laws, Section 9, states that:

“The Care and Maintenance fee paid at the time of purchase of the interment rights does not need to be paid at the time of a re-purchase.  Only one Care and Maintenance contribution is required for a specific interment rights regardless of how many times it is sold.”

Interpretation: This is correct in that the Care and Maintenance contribution for a given sale price need not be repeated.  However, if the sale price on a successive sale of given interment rights exceeds the previous sale price for the interment rights, then there will be additional Care and Maintenance contribution.

Such successive sale of an interment rights may be the result of either:

• The return of interment rights purchased before July 1st, 2012.
• The return of interment rights by means of a donation.

Note that:

1. JMG specifically does not re-acquire lots or plots by means of purchase, on the open market, of interment rights previously purchased from JMG.
   1. A non-completed Deferred Payment Plan is not considered a sale until such time as all payments have been made.

When the sale price on a successive sale by JMG of given interment rights exceeds the previous sale price for the interment rights, then there will be a requirement to make a Care and Maintenance contribution additional to that originally made.  The additional Care and Maintenance contribution will be in the amount of 40% of the difference between the original sale price (since refunded) and the new sale price.

Should the sale price on a successive sale by JMG of given interment rights be less than the previous sale price for the interment rights, then there will not be a requirement to make a Care and Maintenance contribution additional to that originally made.

Question:        If the purchaser of interment rights sells the rights to another person on the open market, what is the implication for the Care and Maintenance fund?

Answer:           There is no implication for the Care and Maintenance fund from such a re-sale.