Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 4501
Definitions
Insurance (ISC) CHAPTER 28, ARTICLE 45
§ 4501. Definitions. In this article:

(a) "Fraternal benefit society" means, except as used in section four
thousand five hundred twenty-three of this article, an incorporated
society, order or supreme lodge, without capital stock, formed,
organized and carried on solely for the benefit of its members and of
their beneficiaries and not for profit, operating on a lodge system and
having a representative form of government, which obligates itself for
the payment of insurance or annuity benefits or both in accordance with
this article.

(b) "Society" means any fraternal benefit society.

(c) "Authorized fraternal benefit society" or "authorized society"
means any society authorized to do business in this state.

(d) "Lodge system" means a system of organization of a society
providing for a supreme governing body and subordinate lodges, by
whatever names known, into which members are elected, initiated or
admitted in accordance with the society's constitution, by-laws, rules
and regulations, which subordinate lodges shall be required by such
constitution or by-laws to hold regular or stated meetings at least once
in each month, and either to conduct prescribed ritualistic ceremonies
for the initiation of new members or to carry on other altruistic,
educational, fraternal or recreational activities.

(e) "Representative form of government" means a form of government
providing by its constitution and by-laws, for:

(1) a supreme governing body composed of representatives elected
either by the members or by delegates chosen directly or indirectly by
the members, together with such other members as may be prescribed by
its constitution or by-laws;

(2) the representatives, other than officers, directors and salaried
employees, elected directly or indirectly by the members to be a
majority of the supreme governing body and to have not less than
two-thirds of the votes therein nor less than the votes required to
amend its articles of incorporation, constitution and by-laws;

(3) the meetings of the supreme governing body and the election of
officers, representatives or delegates to be held as often as once in
every four calendar years;

(4) each insurance member to be eligible for election to the supreme
governing body;

(5) a board of directors or other executive body, charged with the
responsibility for managing the society's affairs between meetings of
its supreme governing body, subject to control by its supreme governing
body, having powers and duties delegated to it in the constitution and
by-laws and required to hold regular meetings at least twice in each
calendar year; and

(6) no voting by proxy at any meeting of the supreme governing body.

(f) "Supreme governing body" means a body by whatever name known,
organized and functioning as provided in paragraphs one, two, three,
four and six of subsection (e) hereof to exercise supreme direction of a
society pursuant to the provisions of law and the society's constitution
and by-laws. Such name may include, "supreme legislative body" and
"supreme legislative convention", and "board of directors" by a society
having an executive body with a different name.

(g) "Board of directors" means an executive body by whatever name
known, charged as provided in paragraph five of subsection (e) hereof.

(h) "Life insurance benefits" means those payable under any form of
life insurance including endowment insurance.

(i) "Accidental death benefits" means those payable on death caused by
accident or accidental means.

(j) "Accidental injury benefits" means those payable as a result of
bodily injury caused by accident or accidental means.

(k) "Sickness benefits" means those payable as a result of temporary,
total or partial disability due to sickness or bodily infirmity.

(l) "Annuity benefits" means periodical payments either immediate or
deferred and continuing during the life or lives of an annuitant or
annuitants or during the life or lives of an annuitant or annuitants and
for a term of years certain, in an amount which shall not exceed fifteen
thousand dollars annually.

(m) "Total and permanent disability benefits" means those payable by
the society in the case of total and permanent disability as the result
of either disease or accident and which are contained in or supplemental
to any life insurance or annuity obligation of the society in amounts
which do not exceed the greater of five hundred dollars a month or the
amounts permitted by subsection (e) of section three thousand two
hundred fifteen of this chapter.

(n) "Monument or tombstone expense benefits" means those payable to
reimburse the cost of monuments or tombstones to the memory of deceased
members.

(o) "Hospital expense and surgical and medical expense benefits" means
those payable for such expenses due to sickness, bodily infirmity or
accidental injury.

(p) "Disability income insurance benefits" means periodic payments,
weekly or monthly, for a specified period during the continuance of
disability resulting from sickness or injury, in amounts which do not
exceed one thousand two hundred fifty dollars a month.

(q) "Long term care benefits" means those payable to members, or upon
application of a member for a member's family and dependents as
authorized in section one thousand one hundred seventeen of this
chapter.