1. (a) This section applies to a trust described in section 2(2) of this chapter.

2. (b) A trust may have a unitrust rate that represents a reasonable current return from the trust and best serves the purpose of the perpetual care (as defined in IC 23-14-33-30 ) of the cemetery, but that is not less than three percent (3%) or more than five percent (5%), if the rate is:

   1. (1) agreed upon in writing by the trustee and the owner of the cemetery; or
   2. (2) ordered by the court having jurisdiction of the trust.

As added by P.L.33-2019, SEC.12.