SENATE AMENDED PRIOR PRINTER'S NOS. 227, 807, 1634 PRINTER'S NO. 1770
No. 207 Session of 1977
INTRODUCED BY MR. KOWALYSHYN, MRS. GILLETTE, MESSRS. FINEMAN, IRVIS, MANDERINO, ZEARFOSS, A. C. FOSTER, ZWIKL, BRUNNER, A. K. HUTCHINSON, KNEPPER, D. R. WRIGHT, REED, LETTERMAN, SALVATORE, SHUPNIK, CESSAR, SCHMITT, BELLOMINI, HALVERSON, MACKOWSKI, MRS. HARPER, MESSRS. RUGGIERO, LIVENGOOD, MELUSKEY, SCHWEDER, PRATT, RAVENSTAHL, HOPKINS, GARZIA, COHEN AND MRKONIC, FEBRUARY 9, 1977
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JULY 11, 1977
AN ACT 1 Providing for the establishment, organization, operation and 2 termination of fraternal benefit societies; imposing 3 additional powers and duties on the Insurance Department and 4 Insurance Commissioner and providing penalties for 5 violations. 6 TABLE OF CONTENTS 7 Chapter 1. General Provisions 8 Section 101. Short title. 9 Section 102. Definitions. 10 Section 103. Severability. 11 Section 104. Exemptions from general insurance laws. 12 Chapter 2. Organization and Related Matters 13 Section 201. Initial organization. 14 Section 202. Initial papers to be filed with commissioner. 15 Section 203. Validity of preliminary certificate. 16 Section 204. Solicitation of members on receipt of
1 certificate. 2 Section 205. Examination by commissioner. 3 Section 206. Exemption. 4 Section 207. Approval necessary. 5 Section 208. Certain powers of societies. 6 Section 209. Review of department order. 7 Section 210. Classes of membership. 8 Section 211. Corporate powers retained. 9 Section 212. Existing voluntary associations. 10 Section 213. Location of office. 11 Section 214. Consolidations and mergers. 12 Section 215. Amendments to articles of incorporation, 13 constitution and laws. 14 Section 216. Institutions. 15 Section 217. Personal liability. 16 Section 218. Waiver. 17 Section 219. Conversion of fraternal benefit society into 18 mutual live insurance company. 19 Section 220. Reinsurance. 20 Chapter 3. Benefits and Beneficiaries 21 Section 301. Benefits. 22 Section 302. Benefits on lives of children. 23 Section 303. Nonforfeiture benefits, cash surrender values, 24 certificate loans and other options. 25 Section 304. Beneficiaries. 26 Section 305. Benefits not attachable. 27 Section 306. Contract for benefits. 28 Chapter 4. Certificates 29 Section 401. Approval of certificates. 30 Section 402. Certificate provisions required. 19770H0207B1770 - 2 -
1 Section 403. Statement of title and premiums. 2 Section 404. Grace period of certificate. 3 Section 405. Reinstatement. 4 Section 406. Default. 5 Section 407. Tables. 6 Section 408. Contestability of certificate. 7 Section 409. Redetermination of premiums in certain 8 circumstances. 9 Section 410. Right to maintain insurance. 10 Section 411. Surplus. 11 Section 412. Loan value of certificate. 12 Section 413. Prohibited provisions. 13 Chapter 5. Accident and Health Insurance and Total and 14 Permanent Disability Insurance Certificates 15 Section 501. Commissioner to regulate. 16 Section 502. Filing with and approval of contracts by 17 commissioner. 18 Section 503. Conditions for certificates. 19 Section 504. Standard certificate provision for insurance 20 for accident and health or for permanent and 21 total disability. 22 Section 505. Entire contract and changes. 23 Section 506. Time limits on certain defenses. 24 Section 507. Grace periods. 25 Section 508. Reinstatement. 26 Section 509. Written notice of claims. 27 Section 510. Forms for claims. 28 Section 511. Proofs of loss. 29 Section 512. Time of payment of claims. 30 Section 513. Payment of claims. 19770H0207B1770 - 3 -
1 Section 514. Physical examinations and autopsy. 2 Section 515. Legal actions. 3 Section 516. Change of beneficiary. 4 Section 517. Change of occupation. 5 Section 518. Misstatement of age. 6 Section 519. Other insurance in this society. 7 Section 520. Insurance with other benefit members. 8 Section 521. Insurance with other societies. 9 Section 522. Relation of earnings to insurance. 10 Section 523. Nonpayment of premiums. 11 Section 524. Cancellation. 12 Section 525. Conformity of provisions with State statutes. 13 Section 526. Illegal occupation. 14 Section 527. Intoxicants and narcotics. 15 Section 528. Provisions not applicable in certain 16 circumstances. 17 Section 529. Printed order of certain certificate 18 provisions. 19 Section 530. Third party ownership. 20 Section 531. Filing procedure. 21 Chapter 6. Licenses, Fees and Additional Powers For The 22 Commissioner 23 Section 601. Annual license. 24 Section 602. Fees. 25 Section 603. Foreign society. 26 Section 604. Injunction, liquidation or receivership of 27 domestic society. 28 Section 605. Suspension, revocation or refusal of license 29 to foreign society. 30 Section 606. Service of process. 19770H0207B1770 - 4 -
1 Section 607. Application for injunction. 2 Section 608. Court review. 3 Chapter 7. Agents 4 Section 701. Fraternal insurance agent defined. 5 Section 702. License required for agents. 6 Section 703. Payment of commissions forbidden. 7 Section 704. Commissioner may issue license. 8 Section 705. Agents' documents on file. 9 Section 706. Types of licenses to be issued. 10 Section 707. Refusal to issue license. 11 Section 708. Term of license. 12 Chapter 8. Funds, Investments and Investigations 13 Section 801. Funds. 14 Section 802. Investments. 15 Section 803. Report of financial condition. 16 Section 804. Synopsis of report to each member. 17 Section 805. Report of valuation of certificates. 18 Section 806. Reserves, determination. 19 Section 807. Deferred payments as liability. 20 Section 808. Certification of valuation. 21 Section 809. Valuation standards. 22 Section 810. Other standards for valuation. 23 Section 811. Excess reserves. 24 Section 812. Penalty for failures to file statement. 25 Section 813. Examination of domestic societies. 26 Section 814. Visitation and examination. 27 Section 815. Examination of foreign societies. 28 Section 816. No adverse publications. 29 Section 817. Misrepresentation. 30 Section 818. Discrimination and rebates. 19770H0207B1770 - 5 -
1 Chapter 9. Miscellaneous 2 Section 901. Taxation. 3 Section 902. Exemptions. 4 Section 903. Exemption of certain societies. 5 Section 904. Penalties. 6 Section 905. Repealer. 7 Chapter 10. Effective Date 8 Section 1001. Effective date. 9 The General Assembly of the Commonwealth of Pennsylvania 10 hereby enacts as follows: 11 CHAPTER 1 12 GENERAL PROVISIONS 13 Section 101. Short title. 14 This act shall be known and may be cited as the "Fraternal 15 Benefit Society Code." 16 Section 102. Definitions. 17 The following words and phrases when used in this act shall 18 have, unless the context clearly indicates otherwise, the 19 meanings given to them in this section: 20 "Commissioner." The Insurance Commissioner of the 21 Commonwealth of Pennsylvania. 22 "Department." The Insurance Department of the Commonwealth 23 of Pennsylvania. 24 "Fraternal benefit society." Any incorporated society, order 25 or supreme lodge, without capital stock, including one exempted 26 under the provisions of section 903(a)(2), whether incorporated 27 or not, conducted solely for the benefit of its members and 28 their beneficiaries and not for profit, operated on a lodge 29 system with or without ritualistic form of work, having a 30 representative form of government, and which makes provision for 19770H0207B1770 - 6 -
1 the payment of benefits in accordance with this act. 2 When used in this chapter the word "society," unless 3 otherwise indicated, shall mean fraternal benefit society. 4 "Lodge system." A society shall be deemed to be operating on 5 the lodge system when the society has a supreme legislative or 6 governing body and subordinate lodges or branches by whatever 7 name known, into which members are elected, initiated or 8 admitted in accordance with its constitution, laws, rituals, or 9 rules, which subordinate lodges or branches shall be required by 10 the laws of the society to hold regular meetings at least once 11 in each quarter. 12 "Premium." Any charges, fees, dues, or other required 13 contributions by whatever name known. 14 "Representative form of government." A society shall be 15 deemed to have a representative form of government when: 16 (1) It provides in its constitution or laws for a 17 supreme legislative or governing body, composed of 18 representatives elected either by the members or by delegates 19 elected directly or indirectly by the members, together with 20 such other members of such body as may be prescribed by the 21 society's constitution and laws. 22 (2) The representatives elected constitute a majority in 23 number and have not less than two-thirds of the votes nor 24 less than the votes required to amend its constitution and 25 laws. 26 (3) The meetings of the supreme legislative or governing 27 body and the election of officers, representatives or 28 delegates are held as often as once in four calendar years. 29 (4) Each benefit member shall be eligible for election 30 to act or serve as a delegate to such meeting. 19770H0207B1770 - 7 -
1 (5) The society has a board of directors charged with 2 the responsibility for managing its affairs in the interim 3 between meetings of its supreme legislative or governing 4 body, subject to control by such body and having powers and 5 duties delegated to it in the constitution or laws of the 6 society. 7 (6) Such board of directors is elected by the supreme 8 legislative or governing body, except in case of filling a 9 vacancy in the interim between meetings of such body. 10 (7) The officers are elected either by the supreme 11 legislative or governing body or by the board of directors. 12 (8) The members, officers, representatives or delegates 13 shall not vote by proxy. 14 "Society." A fraternal benefit society as set forth in this 15 act. 16 Section 103. Severability. 17 If any provision of this act is held to be invalid or 18 unconstitutional, such decision shall not affect the remaining 19 provisions of this act. 20 Section 104. Exemptions from general insurance laws. 21 Except as otherwise provided in this act, a fraternal benefit 22 society holding a certificate of authority shall not be subject 23 to the laws of this Commonwealth now in force relating to the 24 business of insurance and no statute hereafter enacted relating 25 to the business of insurance shall apply to such a society 26 unless such statute shall specifically refer and apply to a 27 society subject to this act. 28 CHAPTER 2 29 ORGANIZATION AND RELATED MATTERS 30 Section 201. Initial organization. 19770H0207B1770 - 8 -
1 The organization of a society shall be as herein provided. 2 Seven or more citizens of the United States, a majority of whom 3 are citizens of this Commonwealth, who desire to form a 4 fraternal benefit society, may make, sign and acknowledge before 5 an officer competent to take acknowledgment of deeds, articles 6 of incorporation, in which shall be stated: 7 (1) The proposed corporate name of the society, which 8 shall not so closely resemble the name of any society or 9 insurance company as to be misleading or confusing. 10 (2) The purposes for which it is being formed and the 11 mode in which its corporate powers are to be exercised. Such 12 purposes shall not include more liberal powers than are 13 granted by this act, provided that any lawful, social, 14 intellectual, educational, charitable, benevolent, moral, 15 fraternal or religious advantages may be set forth among the 16 purposes of the society. 17 (3) The names and residences of the incorporators and 18 the names, residences and official titles of all the 19 officers, trustees, directors, or other persons who are to 20 have and exercise the general control of the management of 21 the affairs and funds of the society for the first year or 22 until the ensuing election at which all such officers shall 23 be elected by the supreme legislative or governing body, 24 which election shall be held not later than one year from the 25 date of the issuance of the permanent certificate. 26 Section 202. Initial papers to be filed with commissioner. 27 Such articles of incorporation, duly certified copies of the 28 constitution, laws and rules, copies of all proposed forms of 29 certificates, applications therefore, receipts and circulars to 30 be issued by the society and a bond conditioned upon the return 19770H0207B1770 - 9 -
1 to applicants of the advanced payments if the organization is 2 not completed within one year shall be filed with the 3 commissioner, who may require such further information as he 4 deems necessary. The bond with sureties approved by the 5 commissioner shall be in such amount, not less than $5,000 nor 6 more than $25,000, as required by the commissioner. All 7 documents filed are to be in the English language. If the 8 purposes of the society conform to the requirements of this act 9 and all provisions of the law have been complied with, the 10 commissioner shall so certify, retain and file the articles of 11 incorporation and furnish the incorporators a preliminary 12 certificate authorizing the society to solicit members as 13 hereinafter provided. 14 Section 203. Validity of preliminary certificate. 15 No preliminary certificate granted under the provisions of 16 this act shall be valid after one year from its date or after 17 such other period, not exceeding one year, as may be authorized 18 by the commissioner upon cause shown, unless the 500 applicants 19 hereinafter required have been secured and the organization has 20 been completed as herein provided. The articles of incorporation 21 and all other proceedings thereunder shall become null and void 22 in one year from the date of the preliminary certificate, or at 23 the expiration of the extended period, unless the society shall 24 have completed its organization and received a certificate of 25 authority to do business as hereinafter provided. 26 Section 204. Solicitation of members on receipt of certificate. 27 Upon receipt of a preliminary certificate from the 28 commissioner, the society may solicit members for the purpose of 29 completing its organization, shall collect from each applicant 30 the amount of not less than one regular monthly premium in 19770H0207B1770 - 10 -
1 accordance with its table of premiums as provided by its 2 constitution and laws, and shall issue to each such applicant a 3 receipt for the amount so collected. No society shall incur any 4 liability other than for the return of such advance premium, nor 5 issue any certificate, nor pay, allow, or offer or promise to 6 pay or allow, any death or disability benefit to any person 7 until: 8 (1) Actual bona fide applications for death benefits 9 have been secured aggregating at least $500,000 on not less 10 than 500 lives. 11 (2) All such applicants for death benefits shall have 12 furnished evidence of insurability satisfactory to the 13 society. 14 (3) Certificates of examinations or acceptable 15 declarations of insurability have been duly filed and 16 approved by the chief medical examiner of the society. 17 (4) Ten subordinate lodges or branches have been 18 established into which the 500 applicants have been admitted. 19 (5) There has been submitted to the commissioner, under 20 oath of the president or secretary, or corresponding officer 21 of the society, a list of such applicants, giving their 22 names, addresses, date each was admitted, name and number of 23 the subordinate branch of which each applicant is a member, 24 amount of benefits to be granted and premiums therefore. 25 (6) It shall have been shown to the commissioner, by 26 sworn statement of the treasurer, or corresponding officer of 27 such society, that at least 500 applicants have each paid in 28 cash at least one regular monthly premium as herein provided, 29 which premiums in the aggregate shall amount to at least 30 $2,500, all of which shall be credited to the fund or funds 19770H0207B1770 - 11 -
1 from which benefits are to be paid and no part of which may 2 be used for expenses. The advance premiums shall be held in 3 trust during the period of organization and if the society 4 has not qualified for a certificate of authority within one 5 year, as herein provided, such premiums shall be returned to 6 the applicants. 7 Section 205. Examination by commissioner. 8 The commissioner may make such examination and require such 9 further information as he deems advisable. Upon presentation of 10 satisfactory evidence that the society has complied with all the 11 provisions of law, he shall issue to the society a certificate 12 to that effect and that the society is authorized to transact 13 business pursuant to the provisions of this act. The certificate 14 shall be prima facie evidence of the existence of the society at 15 the date of such certificate. The commissioner shall cause a 16 record of such certificate to be made. A certified copy of such 17 record may be given in evidence with like effect as the original 18 certificate. 19 Section 206. Exemption. 20 The provisions of sections 204 and 205 of this chapter shall 21 not apply to: 22 (1) Any society organized prior to April 6, 1893 under 23 any statute of this Commonwealth which was engaged in doing 24 business in this Commonwealth on such date. Any such society 25 may exercise after the effective date of this act all the 26 rights conferred by this act and all the rights, powers, 27 privileges, and exemptions now exercised or possessed by it, 28 under its charter or articles of incorporation or articles of 29 association, and neither its existence as a corporation nor 30 its right to exercise any corporate rights, vested in it by 19770H0207B1770 - 12 -
1 virtue of its past incorporation, shall be affected by 2 anything contained in this act. 3 (2) Any fraternal benefit society incorporated under the 4 provisions of the act of April 6, 1893 (P.L.10, No.6), the 5 act of May 20, 1921 (P.L.916, No.324), or the act of July 17, 6 1935 (P.L.1092, No.357), relating to fraternal benefit 7 societies. 8 For the purposes of this act, a corporation which is exempt 9 from the requirements of sections 204 and 205 of this chapter by 10 reason of paragraph (1) of this section shall be deemed to be a 11 holder of a certificate of authority issued under this chapter. 12 Section 207. Approval necessary. 13 No society, authorized to transact business as set forth 14 above, shall issue any insurance forms, endorsements, or riders 15 without first having obtained the necessary approval. 16 Section 208. Certain powers of societies. 17 Every society shall have the power to adopt a constitution 18 and laws for the government of the society, the admission of its 19 members, the management of its affairs and the fixing of the 20 premiums of its members from time to time. It shall have the 21 power to change, alter, add to or amend such constitution and 22 laws and shall have such other powers as are necessary and 23 incidental to carrying into effect the objects and purposes of 24 the society. 25 Section 209. Review of department order. 26 Orders of the Insurance Department upon an application for a 27 certificate of authority under this section shall be subject to 28 judicial review in the manner and within the time provided by 29 law. 30 Section 210. Classes of membership. 19770H0207B1770 - 13 -
1 (a) Two classes of membership.--Every society authorized to
2 do business in this Commonwealth may admit to membership two
3 classes of members: benefit members and social members by
4 whatever name known. Social members shall not be entitled to any
5 of the benefits prescribed by sections 301 and 302 and shall
6 have no voice or vote in the management of the insurance affairs
7 of the society. Benefit members may be either adult members or
8 juvenile members. Juvenile members shall have no voice or vote
9 in the management of the insurance affairs of the society.
10 (b) Adult benefit membership.--Every such society may admit
11 to adult benefit membership any person not less than 15 years of
12 age at nearest birthday. Any person so admitted prior to
13 attaining the full age of 18 years shall be deemed competent to
14 contract for insurance benefits and to exercise and enjoy every
15 right, privilege and benefit provided by any insurance
16 certificate on such minor subject to the limitations contained
17 in section 302 as to the designation of beneficiary.
18 (c) Evidence of insurability required.--Every adult benefit
19 member entitled to insurance benefits shall, as to each
20 application for insurance, have furnished evidence of
21 insurability acceptable to the society.
22 Section 211. Corporate powers retained.
23 Any unincorporated INCORPORATED society authorized to <--
24 transact business in this Commonwealth at the time this act
25 becomes effective may thereafter exercise all the rights, powers
26 and privileges prescribed in this act and in its charter or
27 articles of incorporation as far as consistent with this act. A
28 domestic society shall not be required to reincorporate.
29 Section 212. Existing voluntary associations.
30 (a) Necessity of incorporation.--One year from the effective
19770H0207B1770 - 14 -
1 date of this act, no unincorporated or voluntary association 2 shall be permitted to transact business in this Commonwealth as 3 a fraternal benefit society unless such association incorporates 4 pursuant to the provisions of this act. 5 (b) Receipt of certificate on incorporation.--Any domestic 6 voluntary association now authorized to transact business in 7 this Commonwealth may incorporate and shall receive from the 8 commissioner a permanent certificate of incorporation as a 9 fraternal benefit society when: 10 (1) It shall have completed its conversion to an 11 incorporated society not later than one year from the 12 effective date of this act. 13 (2) Itt has filed its articles of incorporation and has 14 satisfied the other requirements described in section 102. 15 (3) The commissioner shall have made such examination 16 and procured whatever additional information he shall deem 17 advisable. 18 (c) Obligations and benefits.--Every voluntary association 19 so incorporated shall incur the obligations and enjoy the 20 benefits thereof the same as though originally incorporated, and 21 such corporation shall be deemed a continuation of the original 22 voluntary association. The officers thereof shall serve through 23 their respective terms as provided in its original articles of 24 association, but their successors shall be elected and serve as 25 provided in its articles of incorporation. Incorporation of a 26 voluntary association shall not affect existing suits, claims or 27 contracts. 28 Section 213. Location of office. 29 The principal office of any domestic society shall be located 30 in this Commonwealth. The meetings of its supreme legislative or 19770H0207B1770 - 15 -
1 governing body may be held in any state, district, province or 2 territory wherein such society has at least five subordinate 3 branches and all business transacted at such meetings shall be 4 as valid in all respects as if such meetings were held in this 5 Commonwealth. 6 Section 214. Consolidations and mergers. 7 (a) Right to consolidate or merge.--A domestic society may 8 consolidate or merge with any other society by complying with 9 the provisions of this section. 10 (b) Statements to be filed.--It shall file with the 11 Commissioner of Insurance: 12 (1) A certified copy of the written contract containing 13 in full the terms and conditions of the consolidation or 14 merger. 15 (2) A sworn statement by the president and secretary or 16 corresponding officers of each society showing the financial 17 condition thereof on a date fixed by the commissioner but not 18 earlier than December 31, next preceding the date of the 19 contract. 20 (3) A certificate of such officers, duly verified by 21 their respective oaths, that the consolidation or merger has 22 been approved by a two-thirds vote of the supreme legislative 23 or governing body of each society. 24 (4) Evidence that at least 60 days prior to the action 25 of the supreme legislative or governing body of each society, 26 the text of the contract has been furnished to all members of 27 each society either by mail or by publication in full in the 28 official organ of each society. 29 (c) Commissioner to approve.--If the commissioner finds that 30 the contract is in conformity with the provisions of this 19770H0207B1770 - 16 -
1 section, that the financial statements are correct and that the 2 consolidation or merger is just and equitable to the members of 3 each society, he shall approve the contract and issue his 4 certificate to such effect. Upon such approval, the contract 5 shall be in full force and effect unless any society which is a 6 party to the contract is incorporated under the laws of any 7 other state or territory. In such event the consolidation or 8 merger shall not become effective unless and until it has been 9 approved as provided by the laws of such state or territory and 10 a certificate of such approval is filed with the commissioner of 11 this Commonwealth or, if the laws of such state or territory 12 contain no such provision, then the consolidation or merger 13 shall not become effective unless and until it has been approved 14 by the Commissioner of Insurance of such state or territory and 15 a certificate of such approval filed with the commissioner of 16 this Commonwealth. 17 (d) Property merged.--Upon the consolidation or merger 18 becoming effective, all the rights, franchises and interests of 19 the consolidated or merged societies in and to every species of 20 property, real, personal or mixed, and things in action thereto 21 belonging shall be vested in the society resulting from or 22 remaining after the consolidation or merger without any other 23 instrument, except that conveyances of real property may be 24 evidenced by proper deeds, and the title to any real estate or 25 interest therein, vested under the laws of this Commonwealth in 26 any of the societies consolidated or merged, shall not revert or 27 be in any way impaired by reason of the consolidation or merger, 28 but shall vest absolutely in the society resulting from or 29 remaining after such consolidation or merger. 30 (e) Affidavit as evidence.--The affidavit of any officer of 19770H0207B1770 - 17 -
1 the society or of anyone authorized by it to mail any notice or 2 document, stating that such notice or document has been duly 3 addressed and mailed, shall be prima facie evidence that such 4 notice or document has been furnished the addresses. 5 Section 215. Amendments to articles of incorporation, 6 constitution and laws. 7 (a) Power to amend.--A domestic society may amend its 8 articles of incorporation, constitution or laws in accordance 9 with the provisions thereof, by action of its supreme 10 legislative or governing body at any regular or special meeting 11 or, if its articles of incorporation, constitution or laws so 12 provide, by referendum. Such referendum may be held in 13 accordance with the provisions of its articles of incorporation, 14 constitution or laws by the vote of the voting members of the 15 society, by the vote of delegates or representatives of voting 16 members or by the vote of local lodges or branches. No amendment 17 submitted for adoption by referendum shall be adopted unless, 18 within six months from the date of submission thereof, a 19 majority of all of the voting members of the society shall have 20 signified their consent to such amendment by one of the methods 21 herein specified. 22 (b) Amendments require approval of commissioner.--No 23 amendment in the articles of incorporation, constitution or laws 24 of any domestic society shall take effect unless approved by the 25 commissioner who shall approve such amendment if he finds that 26 it has been duly adopted and is not inconsistent with any 27 requirement of the laws of this Commonwealth or with the 28 character, objects and purposes of the society. Unless the 29 commissioner shall disapprove any such amendment within 60 days 30 after the filing of the amendment, such amendment shall be 19770H0207B1770 - 18 -
1 considered approved. The approval or disapproval of the 2 commissioner shall be in writing and mailed to the secretary or 3 corresponding officer of the society at its principal office. In 4 case he disapproves such amendment, the reasons therefore shall 5 be stated in such written notice. 6 (c) Copies of changes.--Within 90 days from the approval 7 thereof by the commissioner, all such amendments, or a synopsis 8 thereof, shall be furnished to all members of the society either 9 by mail or by publication in full in the official organ of the 10 society. The affidavit of any officer of the society or of 11 anyone authorized by it to mail any amendments or synopsis 12 thereof, stating facts which show that same have been duly 13 addressed and mailed, shall be prima facie evidence that such 14 amendments or synopsis thereof, have been furnished the 15 addressee. 16 (d) Power of commissioner to review.--The Commissioner of 17 Insurance shall have the power to review existing articles of 18 incorporation, constitutions and bylaws of domestic fraternal 19 benefit societies at any time in order to determine whether said 20 articles, constitutions or bylaws comply with the minimum 21 standards set forth in this act. 22 (e) Foreign societies to file.--Every foreign or alien 23 society authorized to do business in this Commonwealth shall 24 file with the commissioner a duly certified copy of all 25 amendments of, or additions to, its articles of incorporation, 26 constitution or laws within 90 days after the enactment of same. 27 (f) Printed copies as evidence.--Printed copies of the 28 constitution or laws as amended, certified by the secretary or 29 corresponding officer of the society shall be prima facie 30 evidence of the legal adoption thereof. 19770H0207B1770 - 19 -
1 Section 216. Institutions. 2 (a) Power to own or establish.--It shall be lawful for a 3 society to create, maintain and operate charitable, benevolent 4 or educational institutions for the benefit of its members and 5 their families and dependents and for the benefit of children 6 insured by the society. For such purpose it may own, hold or 7 lease personal property or real property located within or 8 without this Commonwealth, with necessary buildings thereon. 9 Such property shall be reported in every annual statement but 10 shall not be allowed as an admitted asset of such society. 11 (b) Not to operate for profit.--Maintenance, treatment and 12 proper attendance in any such institution may be furnished free 13 or a reasonable charge may be made therefore, but no such 14 institution shall be operated for profit. The society shall 15 maintain a separate accounting of any income and disbursements 16 under this section and report them in its annual statement. No 17 society shall own or operate funeral homes or undertaking 18 establishments. 19 Section 217. Personal liability. 20 The officers and members of the supreme, grand or any 21 subordinate body of a society shall not be personally liable for 22 payment of any benefits provided by a society. 23 Section 218. Waiver. 24 The constitution and laws of the society shall provide that 25 no subordinate body, nor any of its subordinate officers or 26 members shall have the power or authority to waive any of the 27 provisions of the laws and constitution of the society. Such 28 provision shall be binding on the society and every member and 29 beneficiary of a member. 30 Section 219. Conversion of fraternal benefit society into mutual 19770H0207B1770 - 20 -
1 life insurance company. 2 Any domestic fraternal benefit society may be converted and 3 licensed as a mutual life insurance company by compliance with 4 all the financial requirements of the act of May 17, 1921 5 (P.L.682, No.284), known as "The Insurance Company Law of 1921," 6 if such plan of conversion has been approved by the Commissioner 7 of Insurance. Such plan shall be prepared in writing setting 8 forth in full, the terms and conditions thereof. The board of 9 directors shall submit such plan to the supreme legislative or 10 governing body of such society at any regular or special meeting 11 thereof, by giving a full, true and complete copy of such plan 12 with the notice of such meeting. Such notice shall be given as 13 provided in the laws of the society for the convocation of a 14 regular or special meeting of such body, as the case may be. The 15 affirmative vote of two-thirds of all members of such body shall 16 be necessary for the approval of such agreement. No such 17 conversion shall take effect unless and until approved by the 18 commissioner who may give such approval if he finds that the 19 proposed change is in conformity with the requirements of law 20 and not prejudicial to the certificate holders of the society. 21 Section 220. Reinsurance. 22 A domestic society may, by a reinsurance agreement, cede any 23 individual risk or risks in whole or in part to an insurer 24 (other than another fraternal benefit society) having the power 25 to make such reinsurance and authorized to do business in this 26 Commonwealth, or if not so authorized, one which is approved by 27 the commissioner, but no such society may reinsure in excess of 28 50% all of its insurance in force without the written permission 29 of the commissioner. It may take credit for the reserves on such 30 ceded risks to the extent reinsured, but no credit shall be 19770H0207B1770 - 21 -
1 allowed as an admitted asset or as a deduction from liability, 2 to a ceding society for reinsurance made, ceded, renewed, or 3 otherwise becoming effective after the effective date of this 4 act, unless the reinsurance is payable by the assuming insurer 5 on the basis of the liability of the ceding society under the 6 contract or contracts reinsured without diminution because of 7 the insolvency of the ceding society. 8 CHAPTER 3 9 BENEFITS AND BENEFICIARIES 10 Section 301. Benefits. 11 (a) Power to grant benefits.--Any fraternal benefit society 12 holding a certificate of authority under this act may enter into 13 contracts in such forms and grant such benefits as its laws may 14 authorize. In the case of life insurance benefits, it shall 15 provide for the accumulation and maintenance of assets required 16 for the payment of such benefits, when valued upon an interest 17 basis, not exceeding 4% per annum, and mortality standards 18 adopted by it within the limitations provided in this act or, at 19 the option of the society, in the statutes relating to life 20 insurance companies. Any life certificates issued on a renewable 21 term basis shall set forth clearly thereon the successive future 22 rates of contribution to be paid thereunder. 23 (b) Family eligibility.--Benefits may be provided on the 24 lives of members or, upon application of a member, on the lives 25 of the member's family, including the member, the member's 26 spouse and minor children, in the same or separate certificates. 27 Section 302. Benefits on lives of children. 28 (a) Power to provide benefit on children's lives.--A society 29 may provide for insurance benefits or annuity benefits or both 30 on the lives of children under the minimum age for adult 19770H0207B1770 - 22 -
1 membership but not greater than 18 years of age at time of 2 application therefore, upon the application of some adult 3 person, as its laws or rules may provide, which benefits shall 4 be in accordance with the provisions of section 301(a). A 5 society may, at its option, organize and operate branches for 6 such children. Membership and initiation in local lodges shall 7 not be required of such children, nor shall they have a voice or 8 vote in the management of the society. 9 (b) Change of beneficiary.--A society shall have power to 10 provide for the designation and changing of designation of 11 beneficiaries in the certificates providing for such benefits 12 and to provide in all other respects for the regulation, 13 government and control of such certificates and all rights, 14 obligations and liabilities incident thereto and connected 15 therewith. 16 Section 303. Nonforfeiture benefits, cash surrender values, 17 certificate loans and other options. 18 (a) Power to make.--A society may grant paid-up 19 nonforfeiture benefits, cash surrender values, certificate loans 20 and such other options as its laws may permit. As to 21 certificates issued on and after the effective date of this act, 22 a society shall grant at least one paid-up nonforfeiture 23 benefit, except in the case of pure endowment, annuity or 24 reversionary annuity contracts, reducing term insurance 25 contracts or contracts of term insurance of a uniform amount of 26 15 years or less expiring before age 66. 27 (b) Reserves computed on other basis.--In the case of 28 certificates other than those for which reserves are computed on 29 the Commissioner's 1941 Standard Ordinary Mortality Table, the 30 1941 Standard Industrial Table or the Commissioner's 1958 19770H0207B1770 - 23 -
1 Standard Ordinary Mortality Table, or any more recent table made 2 applicable to life insurance companies the value of every paid- 3 up nonforfeiture benefit and the amount of any cash surrender 4 value, loan or other option granted shall not be less than the 5 excess, if any, of (1) over (2) as follows: 6 (1) The reserve under the certificate determined on the 7 basis specified in the certificate. 8 (2) The sum of any indebtedness to the society on the 9 certificate, including interest due and accrued, and a 10 surrender charge equal to 2 1/2% of the face amount of the 11 certificate, which, in the case of insurance on the lives of 12 children, shall be the ultimate face amount of the 13 certificate, if death benefits provided therein are graded. 14 (c) Reserves computed on substandard basis.--However, in the 15 case of certificates issued on a substandard basis or in the 16 case of certificates, the reserves for which are computed upon 17 the American Men Ultimate Table of Mortality the term of any 18 extended insurance benefit granted including accompanying pure 19 endowment, if any, may be computed upon the rates of mortality 20 not greater than 130% of those shown by the mortality table 21 specified in the certificate for the computation of the reserve. 22 (d) Reserves computed on certain tables.--In the case of 23 certificates for which reserves are computed on the 24 Commissioner's 1941 Standard Ordinary Mortality Table, the 1941 25 Standard Industrial Table or the Commissioner's 1958 Standard 26 Ordinary Mortality Table or any more recent table made 27 applicable to life insurance companies, every paid-up 28 nonforfeiture benefit and the amount of any cash surrender 29 value, loan or other option granted shall not be less than the 30 corresponding amount ascertained in accordance with the 19770H0207B1770 - 24 -
1 provisions of the laws of this Commonwealth applicable to life 2 insurance companies issuing policies containing like insurance 3 benefits based upon such tables. 4 Section 304. Beneficiaries. 5 (a) Power to change beneficiaries.--Unless otherwise 6 provided in the contract: 7 (1) The member shall have the right at all times to 8 change the beneficiary or beneficiaries and to assign the 9 certificate. 10 (2) No beneficiary shall have or obtain any interest in 11 the proceeds of any certificate until a certificate becomes 12 due and payable in conformity with its provisions. 13 (b) Limitation on scope of beneficiaries.--Every society by 14 its constitution, laws and rules may limit the scope of 15 beneficiaries. 16 (c) Payment of funeral benefits, limitation.--A society may 17 make provision for the payment of funeral benefits to the extent 18 of such portion of any payment under a certificate as might 19 reasonably appear to be due to any person equitably entitled 20 thereto by reason of having incurred expense occasioned by the 21 burial of the member, provided the portion so paid shall not 22 exceed the sum of $1,000. 23 (d) Payment to personal representative.--If, at the death of 24 any member, there is no lawful beneficiary to whom the insurance 25 benefits shall be payable, the amount of such benefits, except 26 to the extent that funeral benefits may be paid as hereinbefore 27 provided, shall be payable to the personal representative of the 28 deceased member. 29 Section 305. Benefits not attachable. 30 No money or other benefit, charity, relief or aid to be paid, 19770H0207B1770 - 25 -
1 provided or rendered by any society, shall be liable to 2 attachment, garnishment or other process, or to be seized, 3 taken, appropriated or applied by any legal or equitable process 4 or operation of law to pay any debt or liability of a member or 5 beneficiary, or any other person who may have a right 6 thereunder, either before or after payment by the society. 7 Section 306. Contract for benefits. 8 (a) Materials forming contract.--Every society authorized to 9 do business in this Commonwealth shall issue a certificate to 10 the benefit member, or the spouse of a member, or to the 11 applicant for a juvenile, specifying the amount of benefits 12 provided thereby. The certificate, together with any riders or 13 endorsements attached thereto, the charter or articles of 14 incorporation, the constitution and laws of the society, the 15 application for benefits and declaration of insurability, if 16 any, signed by the applicant, and all amendments to each 17 thereof, shall constitute the agreement, as of the date of 18 issuance, between the society and the member, and the 19 certificate shall so state. A copy of the application for 20 benefits and of the declaration of insurability, if any, shall 21 be endorsed upon or attached to the certificate. 22 (b) Statements and waiver.--All statements purporting to be 23 made by the member shall be representations and not warranties. 24 Any waiver of this provision shall be void. 25 (c) Amendments to bind.--Any changes, additions or 26 amendments to the charter or articles of incorporation, 27 constitution or laws duly made or enacted subsequent to the 28 issuance of the certificate, shall bind the member and the 29 beneficiaries, and shall govern and control the agreement in all 30 respects the same as though such changes, additions or 19770H0207B1770 - 26 -
1 amendments had been made prior to and were in force at the time 2 of the application for membership, except that no change, 3 addition or amendment shall destroy or diminish benefits which 4 the society contracted to give the member as of the date of 5 issuance. 6 (d) Responsibility of society members for deficiency.--Every 7 society shall contain in its laws and in each certificate of 8 life insurance it issues, a provision, to which every 9 certificate of insurance issued by the society shall be subject, 10 that if the financial position of the society becomes impaired, 11 subject to the prior written approval of the commissioner, the 12 board of directors or the supreme governing body may determine 13 on an equitable basis the proportionate share of the deficiency 14 of each member of the society. Each benefit member may then 15 either pay his share of the deficiency, or accept the imposition 16 of a lien on the certificate of insurance, to bear interest at 17 the rate charged on policy loans under the certificate, if 18 applicable, otherwise at a rate approved by the commissioner, 19 compounded annually until paid, or may accept a proportionate 20 reduction in benefits under his certificate. The society may 21 specify the manner of the election and which alternative is to 22 be presumed if no election is made, subject to the prior written 23 approval of the commissioner in the case of domestic societies. 24 CHAPTER 4 25 CERTIFICATES 26 Section 401. Approval of certificates. 27 (a) Submission to and approval by commissioner.--It shall be 28 unlawful for any fraternal benefit society doing business in 29 this Commonwealth to issue, sell, or dispose of any certificate, 30 covering life, health, accident, or contracts pertaining to pure 19770H0207B1770 - 27 -
1 endowments or annuities, or any other contracts of insurance, or 2 use applications, riders, or endorsements, in connection 3 therewith, until the forms of the same have been submitted to 4 and formally approved by the commissioner, and copies filed in 5 the Insurance Department: Provided, That riders and endorsements 6 relating to the manner of distribution of benefits, and to the 7 reservation of rights and benefits under any such certificate, 8 and used at the request of the individual certificate holder, 9 and any forms which, in the opinion of the commissioner, do not 10 require his approval need not be filed with the Insurance 11 Department. 12 (b) Approval after thirty days.--Forms so filed shall be 13 deemed approved at the expiration of 30 days after filing, 14 unless earlier approved or disapproved by the Commissioner of 15 Insurance. The commissioner, by written notice to the society 16 may, within such 30 day period, extend the period for approval 17 or disapproval for an additional 30 days. 18 (c) Approval void on disapproval.--Such approval shall 19 become void upon any subsequent notice of disapproval from the 20 commissioner, or upon any subsequent withdrawal of license or 21 refusal of the commissioner to relicense any such fraternal 22 benefit society, or upon the subsequent passage of an act which 23 would no longer make such contracts or related forms a fit 24 subject for approval, except that this provision shall not 25 affect contracts issued prior thereto. 26 (d) Notification of disapproval.--Upon any disapproval, the 27 commissioner shall notify the society in writing, specifying the 28 reason for such disapproval; and within 30 days from the date of 29 mailing of such notice to the society, such society may make 30 written application to the commissioner for a hearing thereon. 19770H0207B1770 - 28 -
1 The hearing shall be held within 30 days after receipt of the 2 application. The procedure before the commissioner shall be in 3 accordance with the adjudication procedure set forth in the act 4 of June 4, 1945 (P.L.1388, No.442), known as the "Administrative 5 Agency Law," and the society shall be entitled to the judicial 6 review as provided for by law. 7 (e) Penalty for violations.--Any person, corporation, order, 8 or society that shall, either as principal, or agent, issue, or 9 cause to be issued, any certificate or contract of insurance 10 within the Commonwealth, contrary to this section, shall be 11 guilty of a misdemeanor of the third degree, and, upon 12 conviction thereof, shall be sentenced to pay a fine not 13 exceeding $2,500. 14 (f) Additional sanctions.--Upon satisfactory evidence of the 15 violation of this section by any such person, corporation, 16 order, or society, the commissioner may, in his discretion, 17 pursue any one or more of the following courses of action: 18 (1) Suspend or revoke the license of such offending 19 person, corporation, order, or society. 20 (2) Refuse, for a period of not to exceed one year 21 thereafter, to issue a new license to such person, 22 corporation, order, or society. 23 (3) Impose a fine of not more than $1,000 for each and 24 every act in violation of this act. 25 When the commissioner shall take action in any of the ways above 26 recited, the person, corporation, order, or society aggrieved 27 may appeal to the Commonwealth Court of Pennsylvania. 28 Section 402. Certificate provisions required. 29 The certificate shall contain in substance the standard 30 provisions set forth in sections 403 to 412 or, in lieu thereof 19770H0207B1770 - 29 -
1 provisions which are more favorable to the member. Any of the 2 mandated provisions or portions thereof not applicable by reason 3 of the plan of insurance or because the certificate is an 4 annuity certificate may, to the extent inapplicable, be omitted 5 from the certificate. 6 Section 403. Statement of title and premiums. 7 There shall appear on the face of the filing page of the 8 certificate a statement of the title of the certificate and a 9 brief description which clearly and correctly describes its form 10 and identifies the insurer as a member of a fraternal benefit 11 society. There shall also appear a provision stating the amount 12 of premiums, dues or other required contributions, by whatever 13 name known, which are payable by the insured under the 14 certificate. 15 Section 404. Grace period of certificate. 16 There shall be a provision that the member is entitled to a 17 grace period of not less than a full month (or 30 days at the 18 option of the society) in which the payment of any premium after 19 the first, may be made. During the grace period the certificate 20 shall continue in full force and effect, but in case the 21 certificate becomes a claim during the grace period before the 22 overdue payment is made, the amount of the overdue payment or 23 payments may be deducted in any settlement under the 24 certificate. 25 Section 405. Reinstatement. 26 There shall be a provision that the member shall be entitled 27 to have the certificate reinstated at any time within three 28 years from the due date of the premium in default, unless the 29 certificate has been completely terminated through the 30 application of a nonforfeiture benefit, cash surrender value or 19770H0207B1770 - 30 -
1 certificate loan, upon the production of evidence of 2 insurability satisfactory to the society and the payment of all 3 overdue premiums and any other indebtedness to the society upon 4 the certificate, together with interest on such premiums and 5 such indebtedness, if any, at a rate not exceeding 6% per annum 6 compounded annually. 7 Section 406. Default. 8 (a) Society to grant paid-up nonforfeiture benefit.--Except 9 in the case of pure endowment, annuity or reversionary annuity 10 contracts, reducing term insurance contracts, or contracts of 11 term insurance of uniform amount of 15 years or less expiring 12 before age 66, there shall be a provision that, in the event of 13 default in payment of any premium after three full years 14 premiums have been paid or after premiums for a lesser period 15 have been paid if the contract so provides, the society will 16 grant, upon proper request not later than 60 days after the due 17 date of the premium in default, a paid-up nonforfeiture benefit 18 on the plan stipulated in the certificate, effective as of such 19 due date, of such value as specified in this act. 20 (b) Optional payment provisions.--The certificate may 21 provide, if the society's laws so specify, and if the member 22 shall so elect prior to the expiration of the grace period of 23 any overdue premium, that default shall not occur so long as 24 premiums can be paid under the provisions of an arrangement for 25 automatic premium loan as may be set forth in the certificate. 26 (c) Member may elect different paid-up nonforfeiture 27 benefit.--There shall be a statement that one paid-up 28 nonforfeiture benefit as specified in the certificate shall 29 become effective automatically unless the member elects another 30 available paid-up nonforfeiture benefit, not later than 60 days 19770H0207B1770 - 31 -
1 after the due date of the premium in default. 2 (d) Section not to apply.--The provisions of this section 3 shall not apply in the case of pure endowment, annuity or 4 reversionary annuity contracts, reducing term insurance 5 contracts, or contracts of term insurance of uniform amount of 6 15 years or less expiring before age 66. 7 Section 407. Tables. 8 (a) Mortality table and interest rate.--There shall be a 9 statement of the mortality table and rate of interest used in 10 determining all paid-up nonforfeiture benefits and cash 11 surrender options available under the certificate, and a brief 12 general description of the method used in calculating such 13 benefits. 14 (b) Table of certain values.--There shall be a table showing 15 in figures the value of every paid-up nonforfeiture benefit and 16 cash surrender option available under the certificate for each 17 certificate anniversary either during the first 20 certificate 18 years or during the term of the certificate whichever is 19 shorter. 20 Section 408. Contestability of certificate. 21 (a) Incontestable after two years.--A provision that the 22 certificate shall be incontestable after it has been in force 23 during the lifetime of the member for a period of two years from 24 its date of issue except for nonpayment of premiums. At the 25 option of the society, supplemental provisions relating to 26 waiver of premium and provisions which grant additional 27 insurance specifically against death by accident may also be 28 excepted. 29 (b) Contestability on reinstatement.--The certificate may 30 provide, as to statements made to procure reinstatement, that 19770H0207B1770 - 32 -
1 the society shall have the right to contest a reinstated 2 certificate within a period of two years from date of 3 reinstatement based on the information in the reinstatement 4 application. 5 Section 409. Redetermination of premiums in certain 6 circumstances. 7 There shall be a provision that in case the age or sex of the 8 member or of any other person is considered in determining the 9 premium and it is found at any time before final settlement 10 under the certificate that the age or sex has been misstated, 11 and the discrepancy and premium involved have not been adjusted, 12 the amount payable under the certificate shall be such as the 13 premium would have purchased at the correct age and sex. If the 14 correct age was not an insurable age under the society's charter 15 or laws, only the premiums paid to the society, less any 16 payments previously made to the member, shall be returned or, at 17 the option of the society, the amount payable under the 18 certificate shall be such as the premium would have purchased at 19 the correct age according to the society's promulgated rates and 20 any extension thereof based on actuarial principles. 21 Section 410. Right to maintain insurance. 22 There shall be a statement that any benefit member expelled 23 or suspended, except for nonpayment of a premium or within the 24 contestable period for material misrepresentations in such 25 member's application for membership shall have the privilege of 26 maintaining his insurance in force by continuing payment of the 27 required premium. 28 Section 411. Surplus. 29 (a) Right to surplus.--There shall be a provision that the 30 certificate shall participate in the surplus of the society, and 19770H0207B1770 - 33 -
1 that, beginning not later than the end of the third certificate 2 year, the society will annually determine the portion of the 3 divisible surplus accruing on the certificate, and that the 4 member entitled to elect such option shall have the right to 5 have the dividend arising from such participation paid in cash, 6 or applied in accordance with any one of such other dividend 7 options as may be provided by the certificate. If any such other 8 dividend options are provided, the certificate shall further 9 state which option shall be automatically effective, if such 10 member shall not have elected some other option. 11 (b) Optional surplus provision.--The certificate may contain 12 a provision that the certificate shall participate in the 13 surplus of the society, and that, beginning not later than the 14 end of the fifth certificate year, the society will determine 15 the portion of the divisible surplus accruing on the 16 certificate, and that the member entitled thereto shall have the 17 right to have the current dividend arising from such 18 participation paid in cash, and that, at periods of not more 19 than five years thereafter, such apportionment and payment, at 20 the option of such member, shall be had. 21 (c) Surplus on term certificates.--Renewable term 22 certificates of ten years or less may provide that the surplus 23 accruing to such certificates shall be determined and 24 apportioned each year after the second certificate year, and 25 accumulated during each renewal period, and that at the end of 26 any renewal period, or renewal of the certificate by the member, 27 the society shall apply the accumulated surplus as an annuity 28 for the next succeeding renewal term in the reduction of 29 premiums. 30 Section 412. Loan value of certificate. 19770H0207B1770 - 34 -
1 There shall be a provision for a loan value at any time after 2 three full years' premiums have been paid and while no premium 3 is in default beyond the grace period of payment. 4 In the case of any certificate issued on or after the 5 effective date of this act, the loan provision shall provide 6 that the society will advance, on proper assignment or pledge of 7 the certificate, and on the sole security thereof, at a 8 specified rate of interest, a sum equal to, or at the option of 9 the member entitled thereto, less than, the cash surrender value 10 at the end of the current certificate year as required by 11 section 302 and that the society may deduct from such loan value 12 (in addition to any indebtedness deducted in determining such 13 value) any unpaid balance of the premium for the current 14 certificate year, and may collect interest in advance on the 15 loan to the end of the current certificate year. The society 16 shall reserve the right to defer such loan, except any made to 17 pay premiums to the society, for 60 days after application 18 therefore is made. This section shall not apply to term 19 insurance. 20 Section 413. Prohibited provisions. 21 On and after the effective date of this act, no life benefit 22 certificate shall be delivered or issued for delivery in this 23 Commonwealth containing in substance any of the following 24 provisions: 25 (1) Any provision limiting the time within which any 26 action at law or in equity may be commenced to less than two 27 years after the cause of action shall accrue. 28 (2) Any provision by which the certificate shall purport 29 to be issued or to take effect more than six months before 30 the original application for the certificate was made, except 19770H0207B1770 - 35 -
1 in case of transfer from one form of certificate to another 2 in connection with which the member is to receive credit for 3 any reserve accumulation under the form of certificate from 4 which the transfer is made. 5 (3) Any provision for forfeiture of the certificate for 6 failure to repay any loan thereon or to pay interest on such 7 loan while the total indebtedness, including interest, is 8 less than the loan value of the certificate. 9 CHAPTER 5 10 ACCIDENT AND HEALTH INSURANCE AND TOTAL AND 11 PERMANENT DISABILITY INSURANCE CERTIFICATES 12 Section 501. Commissioner to regulate. 13 The commissioner shall have power, from time to time, to 14 make, alter and supersede reasonable regulations prescribing the 15 required, optional and prohibited provisions in accident and 16 health insurance contracts and in total and permanent disability 17 insurance contracts, and the regulations shall conform, as far 18 as practicable, to sections 502 to 527. 19 Section 502. Filing with and approval of contracts by 20 commissioner. 21 No certificate of insurance against loss from sickness, or 22 loss or damage from bodily injury or death of the insured by 23 accident, shall be issued or delivered by any society, 24 association or exchange issuing such certificate, to any person 25 in this Commonwealth until a copy of the form thereof, and of 26 the classification of risks and the dues, premiums, or other 27 required contribution pertaining thereto, have been filed with 28 and formally approved by the commissioner. If the commissioner 29 shall notify in writing the society which has filed such form 30 that it does not comply with the requirements of law specifying 19770H0207B1770 - 36 -
1 the reason for his opinion, it shall be unlawful for any such 2 society to issue any certificate in such form. The action of the 3 commissioner in this regard shall be subject to review by the 4 Commonwealth Court. 5 Section 503. Conditions for certificates. 6 (a) General conditions.--No such certificate shall be 7 delivered or issued for delivery to any person in this 8 Commonwealth unless all of the following conditions are met: 9 (1) The entire money and other considerations therefore 10 are expressed within the certificate. 11 (2) The time at which the insurance takes effect and 12 terminates is expressed within the certificate. 13 (3) It purports to insure only one person, except that a 14 policy may insure, originally or by subsequent amendment, 15 upon the application of an adult head of a family who shall 16 be deemed the certificate holder, any two or more eligible 17 members of that family, including husband, wife, dependent 18 children or any children under a specified age which shall 19 not exceed 19 years and any other person dependent upon the 20 certificate holder. 21 (4) The style, arrangement and overall appearance of the 22 certificate gives no undue prominence to any portion of the 23 text, and every printed portion of the text of the 24 certificate and of any endorsements or attached papers is 25 plainly printed in light faced type of a style in general 26 use, the size of which type shall be uniform and not less 27 than ten-point with a lower case unspaced alphabet length not 28 less than 120 point (the "text" shall include all printed 29 matter except the name and address of the society, name or 30 title of the certificate, the brief description, if any, and 19770H0207B1770 - 37 -
1 captions and subcaptions). 2 (5) The exceptions and reductions of indemnity are set 3 forth in the certificate and, except those which are set 4 forth in this chapter, are printed, at the society's option, 5 either included with the benefit provision to which they 6 apply, or under an appropriate caption such as "exceptions," 7 or "exceptions and reductions": Provided, That if an 8 exception or reduction specifically applies only to a 9 particular benefit of the certificate, a statement of such 10 exception or reduction shall be included with the benefit 11 provision to which it applies. 12 (6) Each such form including riders and endorsements, 13 shall be identified by a form number in the lower left-hand 14 corner of the first page thereof. 15 (7) It contains no provision purporting to make any 16 portion of the charter, rules, constitution, or bylaws of the 17 society a part of the policy unless such portion is set forth 18 in full in the policy, except in the case of the 19 incorporation of, or reference to, a statement of rates or 20 classification of risks, or short-rate table filed with the 21 commissioner. 22 (8) If such certificate is entitled or referred to as 23 "noncancellable," such noncancellable certificate is 24 automatically renewable until age 60 upon payment of the 25 required premiums by the insured. 26 (9) A certificate delivered or issued for delivery after 27 January 1, 1968 under which coverage of a dependent of a 28 certificate holder terminates at a specified age, shall, with 29 respect to an unmarried child covered by the certificate 30 prior to the attainment of the age of 19 who is incapable of 19770H0207B1770 - 38 -
1 self-sustaining employment by reason of mental retardation or 2 physical handicap and who became so incapable prior to 3 attainment of age 19 and who is chiefly dependent upon such 4 certificate holder for support and maintenance, not terminate 5 while the certificate remains in force and the dependent 6 remains in such condition, if the certificate holder has 7 within 31 days of such dependent's attainment of the limiting 8 age submitted proof of such dependent's incapacity as 9 described herein. The foregoing provisions of this paragraph 10 shall not require a society to insure a dependent who is a 11 mentally retarded or physically handicapped child where the 12 certificate is underwritten on evidence of insurability based 13 on health factors set forth in the application or where such 14 dependent does not satisfy the conditions of the certificate 15 as to any requirement for evidence of insurability or other 16 provisions of the certificate, satisfaction of which is 17 required for coverage thereunder to take effect. In any such 18 case, the terms of the certificate shall apply with regard to 19 the coverage or exclusion from coverage of such dependent. 20 (b) Nonresident members.--If any certificate is issued by a 21 society domiciled in this Commonwealth for delivery to a person 22 residing in another state, and if the official having 23 responsibility for the administration of the insurance laws of 24 such other state shall have advised the commissioner that any 25 such certificate is not subject to approval or disapproval by 26 such official, the commissioner may by ruling require that such 27 certificate meet the standards set forth in section 401 and this 28 chapter. 29 Section 504. Standard certificate provision for insurance for 30 accident and health or for permanent and total 19770H0207B1770 - 39 -
1 disability. 2 Except as provided in this act, each certificate delivered or 3 issued for delivery to any person in this Commonwealth shall 4 contain the provisions specified in sections 505 to 527 in the 5 words in which the same appear in this act: Provided, however, 6 That the society may, at its option, substitute for one or more 7 of such provisions corresponding provisions of different wording 8 approved by the commissioner which are in each instance not less 9 favorable in any respect to the benefit member or the 10 beneficiary. Such provisions shall be preceded individually by 11 the caption appearing in this section or, at the option of the 12 society, by such appropriate individual or group captions or 13 subcaptions as the commissioner may approve. 14 Section 505. Entire contract and changes. 15 There shall be a provision as follows: 16 Entire Contract; THIS CERTIFICATE INCLUDING THE SOCIETY'S <-- 17 BYLAWS, THE ENDORSEMENTS, AND THE ATTACHED PAPERS CONSTITUTES 18 THE ENTIRE CONTRACT; ENTIRE CONTRACT; Changes: This certificate, 19 including the SOCIETY'S BYLAWS, THE endorsements and the <-- 20 attached papers, if any, constitutes the entire contract of 21 insurance. No change in this certificate shall be valid until 22 approved by an executive officer of the society and unless such 23 approval be endorsed hereon or attached hereto. No agent has 24 authority to change this certificate or to waive any of its 25 provisions. 26 Section 506. Time limits on certain defenses. 27 (a) Limitation.--There shall be a provision as follows: 28 Time Limit on Certain Defenses: After three years from the 29 date of issue of this certificate no misstatements, except 30 fraudulent misstatements, made by the applicant in the 19770H0207B1770 - 40 -
1 application for such certificate shall be used to void the 2 certificate or to deny a claim for loss incurred or disability 3 (as defined in the certificate) commencing after the expiration 4 of such three-year period. 5 (b) Nonapplicability.--The foregoing certificate provision 6 shall not be so construed as to affect any legal requirement for 7 avoidance of a certificate or denial of a claim during such 8 initial three-year period, nor to limit the application of 9 sections 505, 506, 507, 508 and 509 in the event of misstatement 10 with respect to age or occupation or other insurance. 11 (c) Optional language for weekly payment situations.-- 12 (1) In a certificate where the dues, premiums or other 13 required contributions are payable weekly, the words "if such 14 application is made a part of the certificate" may be 15 inserted in the foregoing certificate provision between the 16 word "certificate" and the word "shall" immediately 17 following. 18 (2) In certificates whereon the dues, premiums, or the 19 required contributions are payable weekly, the words "or from 20 the date of any reinstatement thereof" may be inserted in the 21 foregoing certificate provision between the word 22 "certificate" and the word "shall" immediately following. 23 (d) Optional language where certificate member has power to 24 continue certificate.--A certificate which the benefit member 25 has the right to continue in force subject to its terms by the 26 timely payment of the dues, premium, or other required 27 contribution: 28 (1) until at least age 50; or 29 (2) in the case of a certificate issued after age 44, 30 for at least five years from its date of issue, may contain 19770H0207B1770 - 41 -
1 in lieu of the language in section 509(a) the following 2 provision (from which the clause in parentheses may be 3 omitted at the insurer's option) under the caption 4 "incontestable." After this certificate has been in force for 5 a period of three years during the lifetime of the benefit 6 member (excluding any period during which the benefit member 7 is disabled), it shall become incontestable as to the 8 statements contained in the application. 9 (e) Nondenial or reduction of certain claims prohibited.--No 10 claim for loss incurred or disability (as defined in the 11 certificate) commencing after three years from the date of issue 12 of this certificate shall be reduced or denied on the ground 13 that a disease or physical condition not excluded from coverage 14 by name or specific description effective on the date of loss 15 had existed prior to the effective date of coverage of this 16 certificate. 17 Section 507. Grace periods. 18 (a) Period established.--There shall be a grace period of 19 .......... (insert a number not less than "7" for weekly dues, 20 premium, or other required contribution certificates, "10" for 21 monthly dues, premium or other required contribution 22 certificates and "31" for all other certificates) days will be 23 granted for the payment of each dues, premium, or other required 24 contribution falling due after the first dues, premium, or other 25 required contribution during which grace period the certificate 26 shall continue in force. 27 (b) Optional language available.--A certificate which 28 contains a cancellation provision may add, at the end of the 29 provision, "subject to the right of the benefit member to cancel 30 in accordance with the cancellation provision hereof." 19770H0207B1770 - 42 -
1 (c) Language where society reserves certain rights.--A 2 certificate in which the society reserves the right to refuse 3 any renewal shall have, at the beginning of the provision set 4 forth in subsection (a), "unless not less than 30 days prior to 5 the dues, premium, or other required contribution due date the 6 society has delivered to the benefit member or has mailed to his 7 last address as shown by the records of the society written 8 notice of its intention not to renew this certificate beyond the 9 period for which the dues, premium, or other required 10 contribution has been accepted." 11 Section 508. Reinstatement. 12 There shall be a provision as follows: 13 Reinstatement: If any renewal dues, premium, or other 14 required contribution be not paid within the time granted the 15 society for payment, a subsequent acceptance of dues, premium, 16 or other required contribution by the society or by any agent 17 duly authorized by the society to accept such dues, premium, or 18 other required contribution without requiring in connection 19 therewith an application for reinstatement, shall reinstate the 20 certificate: Provided, however, That if the society or such 21 agent requires an application for reinstatement and issues a 22 conditional receipt for the dues, premium, or other required 23 contribution tendered, the certificate will be reinstated upon 24 approval of such application by the society, or, lacking such 25 approval, upon the forty-fifth day following the date of such 26 conditional receipt unless the society has previously notified 27 the benefit member in writing of its disapproval of such 28 application. The reinstated certificate shall cover only loss 29 resulting from such accidental injury as may be sustained after 30 the date of reinstatement and loss due to such sickness as may 19770H0207B1770 - 43 -
1 begin more than ten days after such date. In all other respects 2 the benefit member and society shall have the same rights 3 thereunder as they had under the certificate immediately before 4 the due date of the defaulted dues, premium, or other required 5 contribution subject to any provisions endorsed hereon or 6 attached hereto in connection with the reinstatement. Any dues, 7 premium, or other required contribution accepted in connection 8 with a reinstatement shall be applied to a period for which the 9 dues, premium, or other required contribution has not been 10 previously paid, but not to any period more than 60 days prior 11 to the date of reinstatement. The last sentence of the above 12 provision may be omitted: 13 (1) From any certificate which the benefit member has 14 the right to continue in force subject to its terms by the 15 timely payment of the dues, premiums, or other required 16 contributions: 17 (i) until at least age 50; or 18 (ii) in the case of a certificate issued after age 19 44, for at least five years from the date of its issue. 20 (2) From any certificate on which the dues, premiums, or 21 other required contributions are payable weekly. 22 Section 509. Written notice of claims. 23 (a) Notice of claim.--There shall be a provision as follows: 24 Notice of Claim: Written notice of claim must be given to the 25 society within 20 days after the occurrence or commencement of 26 any loss covered by the certificate, or as soon thereafter as is 27 reasonably possible. Notice given by or on behalf of the benefit 28 member or the beneficiary to the society at .......... (insert 29 the location of such office as the society may designate for the 30 purpose), or to any authorized agent of the society, with 19770H0207B1770 - 44 -
1 information sufficient to identify the benefit member, shall be 2 deemed notice to the society. 3 (b) Optional language for weekly payment insurance.--In a 4 certificate whereon the dues, premiums, or other required 5 contributions are payable weekly, the first sentence of the 6 foregoing certificate provision may read "written notice of 7 claim must be given to the society within 10 days of the 8 commencement of any nonhospital confining sickness covered by 9 the certificate and within 20 days after the occurrence or 10 commencement of any other loss covered by the certificate, or as 11 soon thereafter as is reasonably possible." 12 (c) Language in loss of time benefit insurance.--In a 13 certificate providing a loss of time benefit which may be 14 payable for at least two years, a society may, at its option, 15 insert the following between the first and second sentences of 16 the above provision: Subject to the qualifications set forth 17 below, if the benefit member suffers loss of time on account of 18 disability for which indemnity may be payable for at least two 19 years, he shall, at least once in every six months after having 20 given notice of claim, give to the society notice of continuance 21 of said disability, except in the event of legal incapacity. The 22 period of six months following any filing of proof by the 23 benefit member or any payment by the society on account of such 24 claim or any denial of liability in whole or in part by the 25 society shall be excluded in applying this provision. Delay in 26 the giving of such notice shall not impair the benefit member's 27 right to any indemnity which would otherwise have accrued during 28 the period of six months preceding the date on which such notice 29 is actually given. 30 Section 510. Forms for claims. 19770H0207B1770 - 45 -
1 There shall be a provision as follows: 2 Claim Forms: The society, upon receipt of a notice claim, 3 will furnish to the claimant such forms as are usually furnished 4 by it for filing proofs of loss. If such forms are not furnished 5 within 15 days after the giving of such notice, the claimant 6 shall be deemed to have complied with the requirements of this 7 certificate as to proof of loss upon submitting, within the time 8 fixed in the certificate for filing proofs of loss, written 9 proof covering the occurrence, the character and the extent of 10 the loss for which claim is made. 11 Section 511. Proofs of loss. 12 There shall be a provision as follows: 13 Proofs of Loss: Written proof of loss must be furnished to 14 the society at its said office in case of claim for loss for 15 which this certificate provides any periodic payment contingent 16 upon continuing loss within 90 days after the termination of the 17 period for which the society is liable and in case of claim for 18 any other loss within 90 days after the date of such loss. 19 Failure to furnish such proof within the time required shall not 20 invalidate nor reduce any claim if it was not reasonably 21 possible to give proof within such time, provided such proof is 22 furnished as soon as reasonably possible and in no event, except 23 in the absence of legal capacity, later than one year from the 24 time proof is otherwise required. 25 Section 512. Time of payment of claims. 26 There shall be a provision as follows: 27 Time of Payment of Claims: Indemnities payable under this 28 certificate for any loss other than loss for which this 29 certificate provides any periodic payment will be paid 30 immediately upon receipt of due written proof of such loss. 19770H0207B1770 - 46 -
1 Subject to due written proof of loss, all accrued indemnities 2 for loss for which this certificate provides periodic payment 3 will be paid .......... (insert period for payment which must 4 not be less frequently than monthly) and any balance remaining 5 unpaid upon the termination of liability will be paid 6 immediately upon receipt of due written proof. 7 Section 513. Payment of claims. 8 (a) Basic clause.--There shall be a provision as follows: 9 Payment of Claims: Indemnity for loss of life will be payable 10 in accordance with the beneficiary designation and the 11 provisions respecting such payment which may be prescribed 12 herein and effective at the time of payment. If no such 13 designation or provision is then effective, such indemnity shall 14 be payable to the estate of the insured. Any other accrued 15 indemnities unpaid at the benefit member's death may, at the 16 option of the society, be paid either to such beneficiary or to 17 such estate, all other indemnities will be payable to the 18 benefit member. 19 (b) Optional language available to society.--The following 20 provisions, or either of them may be included with the foregoing 21 provision at the option of the society: 22 (1) If any indemnity of this certificate shall be 23 payable to the estate of the benefit member, or to a benefit 24 member or beneficiary who is a minor or otherwise not 25 competent to give a valid release, the society may pay such 26 indemnity, up to an amount not exceeding $ .......... (insert 27 an amount which shall not exceed $1,000), to any relative by 28 blood or connection by marriage of the benefit member or 29 beneficiary who is deemed by the society to be equitably 30 entitled thereto. Any payment made by the society in good 19770H0207B1770 - 47 -
1 faith pursuant to this provision shall fully discharge the 2 society to the extent of such payment. 3 (2) Subject to any written direction of the benefit 4 member in the application or otherwise, all or a portion of 5 any indemnities provided by this certificate on account of 6 hospital, nursing, medical, or surgical services may, at the 7 society's option and, unless the benefit member requests 8 otherwise in writing, not later than the time of filing 9 proofs of such loss, be paid directly to the hospital or 10 person rendering such services; but it is not required that 11 the service be rendered by a particular hospital or person. 12 Section 514. Physical examinations and autopsy. 13 There shall be a provision as follows: 14 Physical Examinations and Autopsy: The society at its own 15 expense shall have the right and opportunity to examine the 16 person of the benefit member when and as often as it may 17 reasonably require during the pendency of a claim hereunder and 18 to make an autopsy in case of death where it is not forbidden by 19 law. 20 Section 515. Legal actions. 21 There shall be a provision relating to legal actions as 22 follows: 23 Legal Actions: No action at law or in equity shall be brought 24 to recover on this certificate prior to the expiration of 60 25 days after written proof of loss has been furnished in 26 accordance with the requirements of this certificate. No such 27 action shall be brought after the expiration of three years 28 after the time written proof of loss is required to be 29 furnished. 30 Section 516. Change of beneficiary. 19770H0207B1770 - 48 -
1 There shall be a provision as follows: 2 Change of Beneficiary: Unless the benefit member makes an 3 irrevocable designation of beneficiary, the right to change of 4 beneficiary is reserved to the benefit member and the consent of 5 the beneficiary or beneficiaries shall not be requisite to 6 surrender or assignment of this certificate or to any change of 7 beneficiary or beneficiaries, or to any other changes in this 8 certificate. The first clause of this provision, relating to the 9 irrevocable designation of beneficiary, may be omitted at the 10 society's option. 11 Section 517. Change of occupation. 12 There shall be a provision as follows: 13 Change of Occupation: If the benefit member be injured or 14 contract sickness after having changed his occupation to one 15 classified by the society as more hazardous than that stated in 16 this certificate or while doing for compensation anything 17 pertaining to an occupation so classified, the society will pay 18 only such portion of the indemnities provided in this 19 certificate as the dues, premiums, or other required 20 contributions paid would have purchased at the rates and within 21 the limits fixed by the society for such more hazardous 22 occupation. If the benefit member changes his occupation to one 23 classified by the society as less hazardous than that stated in 24 this certificate, the society, upon receipt of proof of such 25 change of occupation, will reduce the dues, premiums, or other 26 required contributions accordingly, and will return the excess 27 pro rata unearned dues, premiums, or other required 28 contributions from the date of change of occupation or from the 29 certificate anniversary date immediately preceding receipt of 30 such proof, whichever is the more recent. In applying this 19770H0207B1770 - 49 -
1 provision, the classification of occupational risk and the dues, 2 premiums, or other required contributions shall be such as have 3 been last filed by the society prior to the occurrence of the 4 loss for which the society is liable or prior to date of proof 5 of change in occupation with the state official having 6 supervision of insurance in the state where the benefit member 7 resided at the time this certificate was issued; but if such 8 filing was not required, then the classification of occupational 9 risk and the dues, premiums, or other required contributions 10 shall be those last made effective by the society in such state 11 prior to the occurrence of the loss or prior to the date of 12 proof of change in occupation. 13 Section 518. Misstatement of age. 14 There shall be a provision as follows: 15 Misstatement of Age: If the age of the benefit member has 16 been misstated, all amounts payable under this certificate shall 17 be such as the dues, premiums, or other required contributions 18 paid would have purchased at the correct age. 19 Section 519. Other insurance in this society. 20 There shall be a provision as follows: 21 Other Insurance in This Society: If an accident or sickness 22 or accident and sickness certificate or certificates previously 23 issued by the society to the benefit member be in force 24 concurrently herewith, making the aggregate indemnity for 25 .......... (insert type of coverage or coverages) in excess of 26 $ .......... (insert maximum limit of indemnity or indemnities), 27 the excess insurance shall be void and all dues, premiums, or 28 other required contributions paid for such excess shall be 29 returned to the benefit member or to his estate or, in lieu 30 thereof, insurance effective at any one time on the benefit 19770H0207B1770 - 50 -
1 member under a like certificate or certificates in this society 2 is limited to the one such certificate elected by the benefit 3 member, his beneficiary or his estate, as the case may be, and 4 the society will return all dues, premiums, or other required 5 contributions paid for all other such certificates. 6 Section 520. Insurance with other benefit members. 7 (a) Coverage outside of issuing society.--There shall be a 8 provision as follows: 9 Insurance with Other Benefit Members: If there be other valid 10 coverage, not with this society, providing benefits for the same 11 loss on a provision of service basis or on an expense incurred 12 basis and of which this society has not been given written 13 notice prior to the occurrence or commencement of loss, the only 14 liability under any expense incurred coverage of this 15 certificate shall be for such proportion of the loss of the 16 amount which would otherwise have been payable hereunder plus 17 the total of the like amounts under all such other valid 18 coverages for the same loss of which this society had notice 19 bears to the total like amounts under all valid coverages for 20 such loss, and for the return of such portion of the dues, 21 premiums, or other required contributions paid as shall exceed 22 the pro rata portion for the amount so determined. For the 23 purpose of applying this provision when other coverage is on a 24 provision of service basis, the "like amount" of such other 25 coverage shall be taken as the amount which the services 26 rendered would have cost in the absence of such coverage. 27 (b) Caption change in certain circumstances.--If the 28 foregoing certificate provision is included in a certificate 29 which also contains the certificate provision, set forth in 30 section 521, there shall be added to the caption of the 19770H0207B1770 - 51 -
1 foregoing provision the phrase "... Expense Incurred Benefits." 2 The society may, at its option, include in this provision a 3 definition of "other valid coverage," approved as to form by the 4 commissioner, which definition shall be limited in subject 5 matter to coverage provided by organizations subject to 6 regulation by insurance law or by insurance authorities of this 7 or any other state of the United States or any province of 8 Canada, and by hospital or medical service organizations, and to 9 any other coverage the inclusion of which may be approved by the 10 commissioner. In the absence of such definition, such term shall 11 not include group insurance, or coverage provided by hospital or 12 medical service organizations or by union welfare plans or 13 employer or employee benefit organizations. For the purpose of 14 applying the foregoing certificate provision with respect to any 15 benefit member, any amount of benefit provided for such benefit 16 member pursuant to any compulsory benefit statute (including any 17 workmen's compensation or employers' liability statute), whether 18 provided by a governmental agency or otherwise, shall in all 19 cases be deemed to be "other valid coverage" of which the 20 society has had notice. In applying the foregoing certificate 21 provision, no third party liability coverage shall be included 22 as "other valid coverage." 23 Section 521. Insurance with other societies. 24 (a) Valid coverage with other benefit societies.--There 25 shall be a provision as follows: 26 Insurance with Other Societies: If there be other valid 27 coverage, not with this society, providing benefits for the same 28 loss on other than an expense incurred basis and of which this 29 society has not been given written notice prior to the 30 occurrence or commencement of loss, the only liability for such 19770H0207B1770 - 52 -
1 benefits under this certificate shall be for such proportion of 2 the indemnities otherwise provided hereunder for such loss as 3 the like indemnities of which the society had notice (including 4 the indemnities under this certificate) bear to the total amount 5 of all like indemnities for such loss, and for the return of 6 such portion of the dues, premiums, or other required 7 contributions paid as shall exceed the pro rata portion for the 8 indemnities thus determined. 9 (b) Additional caption changes available.--If the foregoing 10 certificate provision is included in a certificate which also 11 contains the certificate provision set forth in section 520, 12 there shall be added to the caption of the foregoing provision 13 the phrase "... other benefits." The society may, at its option, 14 include in this provision a definition of "other valid 15 coverage," approved as to form by the commissioner, which 16 definition shall be limited subject matter to coverage provided 17 by organizations subject to regulation by insurance law or by 18 insurance authorities of this or any other state of the United 19 States or any province of Canada, and to any other coverage the 20 inclusion of which may be approved by the commissioner. In the 21 absence of such definition, such term shall not include group 22 insurance, or benefits provided by union welfare plans or by 23 employer or employee benefit organizations. For the purpose of 24 applying the foregoing certificate provision with respect to any 25 benefit member, any amount of benefit provided for such insured 26 pursuant to any compulsory benefit statute (including any 27 workmen's compensation or employer's liability statute), whether 28 provided by a governmental agency or otherwise, shall in all 29 cases be deemed to be "other valid coverage" of which the 30 society has had notice. In applying the foregoing certificate 19770H0207B1770 - 53 -
1 provision, no third party liability coverage shall be included 2 as "other valid coverage." 3 Section 522. Relation of earnings to insurance. 4 (a) Reduction of payments to rates with earnings.--There 5 shall be a provision as follows: 6 Relation of Earnings to Insurance: If the total monthly 7 amount of loss of time benefits promised for the same loss under 8 all valid loss of time coverage upon the benefit member, whether 9 payable on a weekly or monthly basis, shall exceed the monthly 10 earnings for the period of two years immediately preceding a 11 disability for which claim is made, whichever is the greater, 12 the society will be liable only for such proportionate amount of 13 such benefits under this certificate as the amount of such 14 monthly earnings or such average monthly earnings of the benefit 15 member bears to the total amount of monthly benefits for the 16 same loss under all such coverage upon the benefit member at the 17 time such disability commences and for the return of such part 18 of the dues, premiums, or other required contributions paid 19 during such two years as shall exceed the pro rata amount of the 20 dues, premiums, or other required contributions for the benefits 21 actually paid hereunder; but this shall not operate to reduce 22 the total monthly amount of benefits payable under all such 23 coverage upon the benefit member below the sum of $200 or the 24 sum of the monthly benefits specified in such coverages, 25 whichever is the lesser, nor shall it operate to reduce benefits 26 other than those payable for loss of time. 27 (b) Limited use of provision.--The foregoing certificate 28 provision may be inserted only in a certificate which the 29 benefit member has the right to continue in force subject to its 30 terms by the timely payment of dues, premiums, or other required 19770H0207B1770 - 54 -
1 contributions: 2 (1) until at least age 50; or 3 (2) in the case of a certificate issued after age 44, 4 for at least five years from its date of issue. 5 The society may, at its option, include in this provision a 6 definition of "valid loss of time coverage," approved as to form 7 by the commissioner, which definition shall be limited in 8 subject matter to coverage provided by governmental agencies or 9 by organizations subject to regulation by insurance law or by 10 insurance authorities of this or any other state of the United 11 States or any province of Canada, or to any other coverage, the 12 inclusion of which may be approved by the commissioner, or any 13 combination of such coverages. In the absence of such 14 definition, such term shall not include any coverage provided 15 for such benefit member pursuant to any compulsory benefit 16 statute (including any workmen's compensation or employer's 17 liability statute), or benefits provided by union welfare plans 18 or by employer or employee benefit organizations. 19 Section 523. Nonpayment of premiums. 20 There shall be a provision as follows: 21 Unpaid Dues, Premiums, or Other Required Contributions: Upon 22 the payment of a claim under this certificate, any dues, 23 premiums, or other required contributions then due and unpaid or 24 covered by any note or written order may be deducted therefrom. 25 Section 524. Cancellation. 26 There shall be a provision as follows: 27 Cancellation: The society may cancel this certificate at any 28 time by written notice delivered to the benefit member or mailed 29 to his last address as shown by the records of the society, 30 stating when, not less than 30 days thereafter, such 19770H0207B1770 - 55 -
1 cancellation shall be effective; and after the certificate has 2 been continued beyond its original term, the benefit member may 3 cancel this certificate at any time by written notice delivered 4 or mailed to the society, effective upon receipt or on such 5 later date as may be specified in such notice. In the event of 6 cancellation, the society will return promptly the unearned 7 portion of any dues, premiums, or other required contributions 8 paid. If the benefit member cancels, the unearned dues, 9 premiums, or other required contributions shall be computed by 10 the use of the short rate table last filed with the state 11 official having supervision of insurance in the state where the 12 benefit member resided when the certificate was issued. If the 13 society cancels, the earned dues, premiums, or other required 14 contributions shall be computed pro rata. Cancellation shall be 15 without prejudice to any claim originating prior to the 16 effective date of cancellation. 17 Section 525. Conformity of provisions with state statutes. 18 There shall be a provision as follows: 19 Conformity with State Statutes: Any provision of this 20 certificate which, on its effective date, is in conflict with 21 the statutes of the state in which the benefit member resides on 22 such date, is hereby amended to conform to the minimum 23 requirements of such statutes. 24 Section 526. Illegal occupation. 25 There shall be a provision as follows: 26 Illegal Occupation: The society shall not be liable for any 27 loss to which a contributing cause was the benefit member's 28 commission of or attempt to commit a felony, or to which a 29 contributing cause was the benefit member's being engaged in an 30 illegal occupation. 19770H0207B1770 - 56 -
1 Section 527. Intoxicants and narcotics. 2 There shall be a provision as follows: 3 Intoxicants and Narcotics: The society shall not be liable 4 for any loss sustained or contracted in consequence of the 5 benefit member's being intoxicated, or under the influence of 6 any narcotic unless administered on the advice of a physician. 7 Section 528. Provisions not applicable in certain 8 circumstances. 9 If any provision of this chapter is in whole or in part 10 inapplicable to or inconsistent with the coverage provided by a 11 particular form of certificate, the society, with the approval 12 of the commissioner, shall omit from such certificate any 13 inapplicable provision or part of a provision, and shall modify 14 any inconsistent provision or part of the provision in such 15 manner as to make the provision as contained in the certificate 16 consistent with the coverage provided by the certificate. 17 Section 529. Printed order of certain certificate provisions. 18 The provisions which are the subject of this chapter or any 19 corresponding provisions which are used in lieu thereof in 20 accordance with such chapter, shall be printed in the 21 consecutive order of the provisions in such chapter or, at the 22 option of the society, any such provision may appear as a unit 23 in any part of the certificate, with other provisions to which 24 it may be logically related, provided the resulting certificate 25 shall not be in whole or in part unintelligible, uncertain, 26 ambiguous, abstruse, or likely to mislead a person to whom the 27 certificate is offered, delivered or issued. 28 Section 530. Third party ownership. 29 The word "benefit member," as used in this act, shall not be 30 construed as preventing a person other than the benefit member 19770H0207B1770 - 57 -
1 with a proper insurable interest from making application for and 2 owning a certificate covering the benefit member or from being 3 entitled under such a certificate to any indemnities, benefits 4 and rights provided therein. 5 Section 531. Filing procedure. 6 The commissioner may make such reasonable rules and 7 regulations concerning the procedure for the filing or 8 submission of certificates subject to this act as are necessary, 9 proper or advisable to the administration of this act. This 10 provision shall not abridge any other authority granted the 11 commissioner by law. Where the Commissioner of Insurance deems 12 inapplicable, either in part or in their entirety, the 13 provisions of the foregoing sections, he may prescribe the 14 portions or summary thereof of the contract to be printed on the 15 certificate issued to the member. 16 CHAPTER 6 17 LICENSES, FEES AND ADDITIONAL POWERS FOR THE COMMISSIONER 18 Section 601. Annual license. 19 Societies which are now authorized to transact business in 20 this Commonwealth may continue such business until the first day 21 of April next succeeding the effective date of this act. The 22 authority of such societies and all societies hereafter 23 licensed, may thereafter be renewed annually, but in all cases 24 to terminate on the first day of the succeeding April. However, 25 a license so issued shall continue in full force and effect 26 until the new license be issued or specifically refused. A duly 27 certified copy or duplicate of such license shall be prima facie 28 evidence that the licensee is a fraternal benefit society within 29 the meaning of this act. 30 Section 602. Fees. 19770H0207B1770 - 58 -
1 The Insurance Commissioner shall charge and collect fees as 2 follows: 3 (1) Filing copy of charter of a domestic, foreign or 4 alien society, in addition to any fee for filing such charter 5 with the Department of State is $25. 6 (2) The filing of an annual or other statement is $40. 7 (3) License to society, or certified copy, or duplicate 8 thereof is $5. 9 (4) Each listing for written examination of an applicant 10 for license as an agent is $10. 11 (5) Each applicant for such licenses for which an 12 examination is not required is $5. 13 (6) Agent's license for each domestic or foreign 14 society, for life and/or accident and health lines, 15 regardless of the number of powers, excepting variable 16 annuities, for which licensed is $5. 17 All of the said agents' license fees shall be paid in full at 18 time of issuance of license and shall not be apportioned pro 19 ratably over the initial license period. 20 (7) Each copy of any paper filed in the department, 25¢ 21 per page and $2 for certifying the same. 22 (8) Any other certificate required is $2. 23 (9) Making examinations, the expense of the examination. 24 (10) Filing and reviewing agreements of merger of 25 domestic, foreign and alien societies, $50 for the first two 26 societies involved and $10 for each additional society. 27 (11) Filing and review of a plan of conversion from a 28 fraternal benefit society to a mutual company and for filing 29 each amendment to registration statement is $50. 30 (12) For issuing a certificate of compliance, deposit or 19770H0207B1770 - 59 -
1 surety, or any other certificate required to be issued by the 2 department, $5 for each certificate. 3 (13) Filing and review of qualification of a society to 4 issue variable annuities is $100. 5 (14) Certification of an agent's license, or for 6 duplicate or replacement licenses is $5. 7 (15) Any other certificate issued by the division of 8 agents is $5. 9 (16) Each renewal of license as an individual agent is 10 $5. 11 (17) Each additional variable annuity power in such 12 license is $5. 13 All fees collected shall be paid daily into the State 14 Treasury. 15 Section 603. Foreign society. 16 (a) License required.--No foreign or alien society shall 17 transact business in this Commonwealth without a license issued 18 by the commissioner. Any such society may be licensed to 19 transact business in this Commonwealth upon filing with the 20 commissioner: 21 (1) A duly certified copy of its charter or articles of 22 incorporation. 23 (2) A copy of its constitution and laws, certified by 24 its secretary or corresponding officer. 25 (3) A power of attorney to the Commissioner of Insurance 26 as prescribed in section 606. 27 (4) A statement of its business under oath of its 28 president and secretary or corresponding officers in a form 29 prescribed by the commissioner, duly verified by an 30 examination made by the supervising insurance official of its 19770H0207B1770 - 60 -
1 home state or other state, territory, province or country, 2 satisfactory to the commissioner of this Commonwealth. 3 (5) A certificate from the proper official of its home 4 state, territory, province or country that the society is 5 legally incorporated and licensed to transact business 6 therein. 7 (6) Copies of its certificate forms. 8 (7) Such other information as he may deem necessary. 9 (8) Upon a showing that its assets are invested in 10 accordance with the provisions of this act. 11 (b) Qualifications.--Any foreign or alien society desiring 12 admission to this Commonwealth shall have the qualifications 13 required of domestic societies organized under this act. 14 Section 604. Injunction, liquidation or receivership of 15 domestic society. 16 (a) Findings and notification.--When the commissioner upon 17 investigation finds that a domestic society: 18 (1) has exceeded its powers; 19 (2) has failed to comply with any provision of this act; 20 (3) is not fulfilling its contracts in good faith; 21 (4) has a membership of less than 400 after an existence 22 of one year or more; or 23 (5) is conducting business fraudulently or in a manner 24 hazardous to its members, creditors, the public or the 25 business; 26 he shall notify the society of such deficiency or deficiencies 27 and state in writing the reasons for his dissatisfaction. He 28 shall at once issue a written notice to the society requiring 29 that the deficiency or deficiencies which exist be corrected. 30 After such notice the society shall have a 30 day period in 19770H0207B1770 - 61 -
1 which to comply with the commissioner's request for correction, 2 and if the society fails to comply, the commissioner shall 3 notify the society of his findings of noncompliance and require 4 the society to show cause, on a date named, why it should not be 5 enjoined from carrying on any business until the violation 6 complained of shall have been corrected, or why an action in quo 7 warranto should not be commenced against the society. 8 (b) Presentation to Attorney General.--If on such date the 9 society does not present good and sufficient reasons why it 10 should not be so enjoined or why such action should not be 11 commenced, the commissioner may present the facts relating 12 thereto to the Attorney General who shall, if he deems the 13 circumstances warrant, commence an action to enjoin the society 14 from transacting business or in quo warranto. 15 (c) Court notification of society.--The court shall 16 thereupon notify the officers of the society of a hearing. If 17 after a full hearing it appears that the society should be so 18 enjoined or liquidated or a receiver appointed, the court shall 19 enter the necessary order. 20 (d) Prerequisites for injunction.--No society so enjoined 21 shall have the authority to do business until: 22 (1) The commissioner finds that the violation complained 23 of has been corrected. 24 (2) The costs of such action shall have been paid by the 25 society if the court finds that the society was in default as 26 charged. 27 (3) The court has dissolved its injunction. 28 (4) The commissioner has reinstated the certificate of 29 authority. 30 (e) Court order for liquidation.--If the court orders the 19770H0207B1770 - 62 -
1 society liquidated, it shall be enjoined from carrying on any 2 further business, whereupon the receiver of the society shall 3 proceed at once to take possession of the books, papers, money 4 and other assets of the society, and under the direction of the 5 court, proceed forthwith to close the affairs of the society and 6 to distribute its funds to those entitled thereto. 7 (f) Necessity of Attorney General.--No action under this 8 section shall be recognized in any court of this Commonwealth 9 unless brought by the Attorney General upon request of the 10 commissioner. Whenever a receiver is to be appointed for a 11 domestic society, the court shall appoint the commissioner as 12 such receiver. 13 (g) Applicability to voluntary discontinuance.--The 14 provisions of this section relating to hearing by the 15 commissioner, action by the Attorney General at the request of 16 the commissioner, hearing by the court, injunction and 17 receivership shall be applicable to a society which shall 18 voluntarily determine to discontinue business. 19 Section 605. Suspension, revocation or refusal of license to 20 foreign society. 21 (a) Findings and notification.--When the commissioner upon 22 investigation finds that a foreign or alien society transacting 23 or applying to transact business in this Commonwealth: 24 (1) has exceeded its powers; 25 (2) has failed to comply with any of the provisions of 26 this act; 27 (3) is not fulfilling its contracts in good faith; or 28 (4) is conducting its business fraudulently or in a 29 manner hazardous to its members or creditors or the public; 30 he shall notify the society of such deficiency or deficiencies 19770H0207B1770 - 63 -
1 and state in writing the reasons for his dissatisfaction. He 2 shall at once issue a written notice to the society requiring 3 that the deficiency or deficiencies which exist are corrected. 4 After such notice the society shall have a 30 day period in 5 which to comply with the commissioner's request for correction, 6 and if the society fails to comply, the commissioner shall 7 notify the society of his findings of noncompliance and require 8 the society to show cause, on a date named, why its license 9 should not be suspended, revoked or refused. If on such date the 10 society does not present good and sufficient reason why its 11 authority to do business in this Commonwealth should not be 12 suspended, revoked or refused, he may suspend or refuse the 13 license of the society to do business in this Commonwealth until 14 satisfactory evidence is furnished to him that such suspension 15 or refusal should be withdrawn or he may revoke the authority of 16 the society to do business in this Commonwealth. 17 (b) Continuation of contract.--Nothing contained in this 18 section shall be taken or construed as preventing any such 19 society from continuing in good faith all contracts made in this 20 Commonwealth during the time such society was legally authorized 21 to transact business herein. 22 Section 606. Service of process. 23 (a) Appointment of commissioner to receive process.--Every 24 society authorized to do business in this Commonwealth shall 25 appoint in writing the commissioner and each successor in office 26 to be its true and lawful attorney upon whom all lawful process 27 in any action or proceeding against it shall be served, and 28 shall agree in such writing that any lawful process against it 29 which is served on said attorney shall be of the same legal 30 force and validity as if served upon the society, and that the 19770H0207B1770 - 64 -
1 authority shall continue in force so long as any liability 2 remains outstanding in this Commonwealth. Copies of such 3 appointment, certified by said commissioner, shall be deemed 4 sufficient evidence thereof and shall be admitted in evidence 5 with the same force and effect as the original thereof might be 6 admitted. 7 (b) Method of service.--Service shall only be made upon the 8 commissioner or upon his legal counsel's office. It shall be 9 made in duplicate and shall constitute sufficient service upon 10 the society. When legal process against a society is served upon 11 the commissioner he shall forthwith forward one of the duplicate 12 copies by registered mail, prepaid, directed to the secretary or 13 corresponding officer. No such service shall require a society 14 to file its answer, pleading or defense in less than 30 days 15 from the date of mailing the copy of the service to a society. 16 Legal process shall not be served upon a society except in the 17 manner herein proscribed. At the time of serving any process 18 upon the commissioner, the plaintiff or complainant in the 19 action shall pay to the commissioner a fee of $10. 20 Section 607. Application for Injunction. 21 No application or petition for injunction against any 22 domestic, foreign or alien society, or branch thereof, shall be 23 recognized in any court of this Commonwealth unless made by the 24 Attorney General upon request of the Commissioner of Insurance. 25 Section 608. Court review. 26 All decisions and findings of the commissioner made under the 27 provisions of this act shall be subject to review by proper 28 proceedings in the Commonwealth Court. 29 CHAPTER 7 30 AGENTS 19770H0207B1770 - 65 -
1 Section 701. Fraternal insurance agent defined. 2 The term "fraternal insurance agent" as used in this chapter 3 means any authorized or acknowledged agent or representative of 4 a society who acts as such in the solicitation, negotiation or 5 procurement or making of a life insurance, accident and health 6 insurance or annuity contract, except that the term "fraternal 7 insurance agent" shall not include: 8 (1) any regular salaried officer or employee of a 9 licensed society whose services are devoted substantially to 10 activities other than the solicitation of fraternal insurance 11 contracts, and who receives for the solicitation of such 12 contracts no commission or other compensation directly 13 dependent upon the amount of business obtained; or 14 (2) any member of a society whose solicitation or 15 negotiation of fraternal insurance contracts is incidental to 16 securing new members for his society, and whose only 17 remuneration consists of prizes in the form of merchandise or 18 payments of nominal amounts. 19 Section 702. License required for agents. 20 Agents of societies shall be licensed in accordance with the 21 provisions of this chapter. 22 Section 703. Payment of commissions forbidden. 23 No society doing business in this Commonwealth shall pay any 24 commission or other compensation to any person for any services 25 in obtaining in this Commonwealth any new contract of life, 26 accident or health insurance, or any new annuity contract, 27 except to a licensed, fraternal insurance agent of such society. 28 Section 704. Commissioner may issue license. 29 The commissioner may issue a license to any person who has 30 paid the annual license fee and who has complied with the 19770H0207B1770 - 66 -
1 requirements of this chapter, authorizing such licensees to act 2 as a fraternal insurance agent on behalf of any society named in 3 such license which is authorized to do business in this 4 Commonwealth. 5 Section 705. Agents' documents on file. 6 Before any fraternal insurance agent's license shall be 7 issued there shall be on file in the office of the commissioner 8 the following documents: 9 (1) A written application by the prospective licensee in 10 such form or forms and supplements thereto, and containing 11 such information, as the commissioner may prescribe. 12 (2) A certificate by the society which is to be named in 13 such license, stating that such society has satisfied itself 14 that the named applicant is trustworthy and competent to act 15 as such fraternal insurance agent and that the society will 16 appoint such applicant to act as its agent if the license 17 applied for is issued by the commissioner. Such certificates 18 shall be executed and acknowledged by an officer or managing 19 agent of such society. 20 Section 706. Types of licenses to be issued. 21 Except as otherwise provided in this chapter, fraternal 22 insurance agents shall be licensed as life and/or accident and 23 health agents, except that the examination requirements of such 24 provisions shall not be applicable to: 25 (1) Any fraternal insurance agent who was in the service 26 of a society on the effective date of this act. 27 (2) A fraternal insurance agent who, in the preceding 28 calendar year, has solicited and procured life insurance 29 contracts on behalf of any society in an amount of insurance 30 NOT in excess of $100,000, or, in the case of any other kinds <-- 19770H0207B1770 - 67 -
1 of insurance which the society might write, on the persons of 2 NOT more than 25 individuals and who has received or will <-- 3 receive a commission or compensation therefore. 4 Section 707. Refusal to issue license. 5 The commissioner may refuse to issue or renew any fraternal 6 insurance agent's license if, in his judgment, the proposed 7 licensee is not trustworthy and competent to act as such agent, 8 or has given cause for revocation or suspension of such license, 9 or has failed to comply with any prerequisite for the issuance 10 or renewal, as the case may be, of such license. 11 Section 708. Term of license. 12 The term, expiration, renewal procedures, termination notice 13 requirements, causes for revocation or suspension of the license 14 shall be the same as contained in Article VI of "The Insurance 15 Department Act of one thousand nine hundred and twenty-one," of 16 May 17, 1921 (P.L.789, No.285), dealing with license of life, 17 accident and health agents except as inconsistent herewith. 18 CHAPTER 8 19 FUNDS, INVESTMENTS AND INVESTIGATIONS 20 Section 801. Funds. 21 (a) Assets for use and benefit of society.--All assets shall 22 be held, invested and disbursed for the use and benefit of the 23 society and no member or beneficiary shall have or acquire 24 individual rights therein or become entitled to any 25 apportionment or the surrender of any part thereof, except as 26 provided in the contract. 27 (b) Use of funds.--A society may create, maintain, invest, 28 disburse and apply any special fund or funds necessary to carry 29 out any purpose permitted by the laws of such society. 30 (c) Statement of purposes and proportions of payments.-- 19770H0207B1770 - 68 -
1 Every society, the admitted assets of which are less than the 2 sum of its accrued liabilities and reserves under all of its 3 certificates when valued according to standards required for 4 life insurance companies for certificates issued after one year 5 from the effective date of this act, shall, in every provision 6 of the laws of the society for payments by members of such 7 society, in whatever form made, distinctly state the purpose of 8 the same and the proportion thereof which may be used for 9 expenses, and no part of the money collected for mortuary or 10 disability purposes or the net accretions thereto shall be used 11 for expenses. 12 Section 802. Investments. 13 A society shall invest its funds only in such investments as 14 are authorized by the laws of this Commonwealth for the 15 investment of assets of life insurance companies and subject to 16 the limitations thereon. Any foreign or alien society permitted 17 or seeking to do business in this Commonwealth which invests its 18 funds in accordance with the laws of the state, district, 19 territory, country or province in which it is incorporated, 20 shall be held to meet the requirements of this section for the 21 investment of funds. 22 Section 803. Report of financial condition. 23 Every society transacting business in this Commonwealth shall 24 annually, on or before March 1, unless for cause shown such time 25 has been extended by the commissioner, file with the 26 commissioner a true statement of its financial condition, 27 transactions and affairs for the preceding calendar year and pay 28 a fee in accordance with section 602. The statement shall be in 29 general form and context as approved by the National Association 30 of Insurance Commissioners for fraternal benefit societies and 19770H0207B1770 - 69 -
1 as supplemented by additional information required by the 2 commissioner. 3 Section 804. Synopsis of report to each member. 4 A synopsis of its annual statement providing an explanation 5 of the facts concerning the condition of the society thereby 6 disclosed shall be printed and mailed to each benefit member of 7 the society not later than June 1 of each year, or, in lieu 8 thereof, such synopsis may be published in the society's 9 official publication. 10 Section 805. Report of valuation of certificates. 11 As a part of the annual statement herein required, each 12 society shall, on or before March 1, file with the commissioner 13 a valuation of its certificates in force on December 31 last 14 preceding, provided the commissioner may, in his discretion for 15 cause shown, extend the time for filing such valuation for not 16 more than two calendar months. Such report of valuation shall 17 show, as reserve liabilities, the difference between the present 18 midyear value of the promised benefits provided in the 19 certificates of such society in force and the present midyear 20 value of the future net premiums as the same are in practice 21 actually collected, not including therein any value for the 22 right to make extra assessments and not including any amount by 23 which the present midyear value of future net premiums exceeds 24 the present midyear value of promised benefits on individual 25 certificates. At the option of any society, in lieu of the 26 above, the valuation may show the net tabular value. Such net 27 tabular value as to certificates issued prior to one year after 28 the effective date of this act shall be determined in accordance 29 with the provisions of law applicable prior to the effective 30 date of this act and as to certificates issued on or after one 19770H0207B1770 - 70 -
1 year from the effective date of this act shall not be less than 2 the reserves determined according to the commissioners' reserve 3 valuation method as hereinafter defined. If the premium charged 4 is less than the tabular net premium according to the basis of 5 valuation used, an additional reserve equal to the present value 6 of the deficiency in such premiums shall be set up and 7 maintained as a liability. The reserve liabilities shall be 8 properly adjusted in the event that the midyear or tabular 9 values are not appropriate. 10 Section 806. Reserves, determination. 11 Reserves according to the commissioners' reserve valuation 12 method, for the life insurance and endowment benefits of 13 certificates providing for a uniform amount of insurance and 14 requiring the payment of uniform premiums shall be the excess, 15 if any, of the present value, at the date of valuation, of such 16 future guaranteed benefits provided for by such certificates, 17 over the then present value of any future modified net premiums 18 therefore. The modified net premiums for any such certificate 19 shall be such uniform percentage of the respective contract 20 premiums for such benefits that the present value, at the date 21 of issue of the certificate, of all such modified net premiums 22 shall be equal to the sum of the then present value of such 23 benefits provided for by the certificate and the excess of (A) 24 over (B) as follows: 25 (A) A net level premium equal to the present 26 value, at the date of issue, of such benefits 27 provided for after the first certificate year, 28 divided by the present value, at the date of issue, 29 of an annuity of one per annum payable on the first 30 and each subsequent anniversary of such certificate 19770H0207B1770 - 71 -
1 on which a premium falls due; provided however, that 2 such net level annual premium shall not exceed the 3 net level annual premium on the 19 year premium whole 4 life plan for insurance of the same amount at an age 5 one year higher than the age at issue of such 6 certificate. 7 (B) A net one year term premium for such 8 benefits provided for in the first certificate year. 9 Reserves according to the commissioners' reserve valuation 10 method for: 11 (1) Life insurance benefits for varying amounts of 12 benefits or requiring the payment of varying premiums. 13 (2) Annuity and pure endowment benefits. 14 (3) Disability and accidental death benefits in all 15 certificates and contracts. 16 (4) All other benefits except life insurance and 17 endowment benefits, shall be calculated by a method 18 consistent with the principles of this section. 19 Section 807. Deferred payments as liability. 20 The present value of deferred payments due under incurred 21 claims or matured certificates shall be deemed a liability of 22 the society and shall be computed upon mortality and interest 23 standards prescribed in sections 808, 809 and 810. 24 Section 808. Certification of valuation. 25 The valuation and underlying data shall be certified by a 26 competent actuary or, at the expense of the society, verified by 27 the actuary of the Department of Insurance of the state of 28 domicile of the society. 29 Section 809. Valuation standards. 30 (a) Valuation for certificates prior to this act.--The 19770H0207B1770 - 72 -
1 minimum standards of valuation for certificates issued prior to 2 one year from the effective date of this act shall be those 3 provided by the law applicable immediately prior to the 4 effective date of this act but not lower than the standards used 5 in the calculating of rates for such certificates. 6 (b) Valuation for certificates after this act.--The minimum 7 standard of valuation for certificates issued after one year 8 from the effective date of this act shall be 3 1/2% interest and 9 the following tables: 10 (1) For certificates of life insurance -- American Men 11 Ultimate Table of Mortality, with Bowerman's or Davis' 12 Extension thereof or with the consent of the commissioner, 13 the Commissioners 1941 Standard Ordinary Mortality Table, the 14 Commissioners 1941 Standard Industrial Mortality Table or the 15 Commissioners 1958 Standard Ordinary Mortality Table, using 16 actual age of the insured for male risks and an age not more 17 than three years younger than the actual age of the insured 18 for females risks. 19 (2) For annuity and pure endowment certificates, 20 excluding any disability and accidental death benefits in 21 such certificates -- the 1937 Standard Annuity Mortality 22 Table or the Annuity Mortality Table for 1949, Ultimate, or 23 any modification of either of these tables approved by the 24 commissioner. 25 (3) For total and permanent disability benefits in or 26 supplementary to life insurance certificates -- Hunter's 27 Disability Table, or the Class III Disability Table (1926) 28 modified to conform to the contractual waiting period, or the 29 tables of Period 2 disablement rates and the 1930 to 1950 30 termination rates of the 1952 Disability Study of the Society 19770H0207B1770 - 73 -
1 of Actuaries with due regard to the type of benefit. Any such 2 table shall, for active lives, be combined with a mortality 3 table permitted for calculating the reserves for life 4 insurance certificates. 5 (4) For accidental death benefits in or supplementary to 6 life insurance certificates -- the Inter-Company Double 7 Indemnity Mortality Table or the 1959 Accidental Death 8 Benefits Table. Either table shall be combined with a 9 mortality table permitted for calculating the reserves for 10 life insurance certificates. 11 (5) For noncancellable accident and health benefits -- 12 the Class III Disability Table (1926) with conference 13 modifications or, with the consent of the commissioner, 14 tables based upon the society's own experience. 15 Provided, however, that any society may value its certificates 16 in accordance with valuation standards authorized by the laws of 17 this Commonwealth for the valuation of policies issued by life 18 insurance companies. 19 Section 810. Other standards for valuation. 20 The commissioner may, in his discretion, accept other 21 standards for valuation if he finds that the reserves produced 22 thereby will not be less in the aggregate than reserves computed 23 in accordance with the minimum valuation standard herein 24 prescribed. The commissioner may, in his discretion, vary the 25 standards of mortality applicable to all certificates of 26 insurance on substandard lives or other extra hazardous lives by 27 any society authorized to do business in this Commonwealth. 28 Whenever the mortality experience under all certificates valued 29 on the same mortality table is in excess of the expected 30 mortality according to such table for a period of three 19770H0207B1770 - 74 -
1 consecutive years, the commissioner may require additional 2 reserves when deemed necessary in his judgment on account of 3 such certificates. 4 Section 811. Excess reserves. 5 Any society, with the consent of the Commissioner of 6 Insurance of the state of domicile of the society and under such 7 conditions, if any, which he may impose, may establish and 8 maintain reserves on its certificates in excess of the reserves 9 required thereunder, but the contractual rights of any insured 10 member shall not be affected thereby. 11 Section 812. Penalty for failures to file statement. 12 A society neglecting to file the annual statement in the form 13 and within the time provided by this section shall forfeit $100 14 for each day during which such neglect continues, and, upon 15 notice by the commissioner to that effect, its authority to do 16 business in this Commonwealth shall cease while such default 17 continues. 18 Section 813. Examination of domestic societies. 19 Societies which have been examined by the commissioner have 20 the privilege of objecting to the report of examination within 21 30 days after reception of such report. If any objection is 22 made, the commissioner will grant a hearing to the society 23 before making the report available for public inspection. 24 Section 814. Visitation and examination. 25 The commissioner, or any person he may appoint, shall have 26 the power of visitation and examination into the affairs of any 27 domestic society and he shall make such examination at least 28 once in every three years. He may employ assistants for the 29 purpose of such examination, and he, or any person he may 30 appoint, shall have free access to all books, papers and 19770H0207B1770 - 75 -
1 documents that relate to the business of the society. The 2 minutes of the proceedings of the supreme legislative or 3 governing body and of the board of directors or corresponding 4 body of a society shall be in the English language. In making 5 any such examination, the commissioner may summon and qualify as 6 witnesses under oath and examine its officers, agents and 7 employees or other persons in relation to the affairs, 8 transactions and condition of the society. A summary of the 9 report of the commissioner and such recommendations or 10 statements of the commissioner as may accompany such report, 11 shall be read at the first meeting of the board of directors or 12 corresponding body of the society following the receipt thereof, 13 and if directed so to do by the commissioner, shall also be read 14 at the first meeting of the supreme legislative or governing 15 body of the society following receipt thereof. A copy of the 16 report, recommendations, and statements of the commissioner 17 shall be furnished by the society to each member of such board 18 of directors or other governing body. The expense of each 19 examination and of each valuation, including compensation and 20 actual expense of examiners, shall be paid by the society 21 examined or whose certificates are valued, upon statements 22 furnished by the commissioner. 23 Section 815. Examination of foreign societies. 24 The commissioner, or any person whom he may appoint, may 25 examine any foreign or alien society transacting or applying for 26 admission to transact business in this Commonwealth. He may 27 employ assistants and he, or any person he may appoint, shall 28 have free access to all books, papers and documents that relate 29 to the business of the society. He may in his discretion accept, 30 in lieu of such examination, the examination of the Insurance 19770H0207B1770 - 76 -
1 Department of the state, territory, district, province or 2 country where such society is organized. The compensation and 3 actual expenses of the examiners making any examination or 4 general or special valuation shall be paid by the society 5 examined or by the society whose certificate obligations have 6 been valued, upon statements furnished by the commissioner. 7 Section 816. No adverse publications. 8 Pending, during or after an examination or investigation of a 9 society, either domestic, foreign or alien, the commissioner 10 shall make public no financial statement, report or finding, nor 11 shall he permit to become public any financial statement, report 12 or finding affecting the status, standing or rights of any 13 society, until a copy thereof shall have been served upon the 14 society at its principal office and the society shall have been 15 afforded a reasonable opportunity to answer any such financial 16 statement, report or finding and to make such showing in 17 connection therewith as it may desire. 18 Section 817. Misrepresentation. 19 (a) Misrepresentation.--No person shall cause or permit to 20 be made, issued or circulated in any form: 21 (1) Any misrepresentation or false or misleading 22 statement concerning the terms, benefits or advantages of any 23 fraternal insurance contract now issued or to be issued in 24 this Commonwealth, or the financial condition of any society. 25 (2) Any false or misleading estimate or statement 26 concerning the dividends or shares of surplus paid or to be 27 paid by any society on any insurance contract. 28 (3) Any incomplete comparison of an insurance contract 29 of one society with an insurance contract of another society 30 or insurer for the purpose of inducing the lapse, forfeiture 19770H0207B1770 - 77 -
1 or surrender of any insurance contract. A comparison of 2 insurance contracts is incomplete if it does not compare in 3 detail: 4 (i) The gross rates, and the gross rates less any 5 dividend or other reduction allowed at the date of the 6 comparison. 7 (ii) Any increase in cash values, and all the 8 benefits provided by each contract for the possible 9 duration thereof as determined by the life expectancy of 10 the insured; 11 or if it omits from consideration: 12 (iii) Any benefit or value provided in the contract. 13 (iv) Any differences as to amount or period of 14 rates. 15 (v) Any differences in limitations or conditions or 16 provisions which directly or indirectly affect the 17 benefits. 18 In any determination of the incompleteness or misleading 19 character of any comparison or statement, it shall be presumed 20 that the insured had no knowledge of any of the contents of the 21 contract involved. 22 (b) Penalty.--Any person who violates any provision of this 23 section or knowingly receives any compensation or commission by 24 or in consequence of such violation, shall upon conviction be 25 punished by a fine not less than $100 nor more than $1000, or by 26 imprisonment in the county jail not less than 30 days nor more 27 than one year, or both fine and imprisonment and shall in 28 addition, be liable for a civil penalty in the amount of three 29 times the sum received by such violator as compensation or 30 commission, which penalty may be sued for and recovered by any 19770H0207B1770 - 78 -
1 person or society aggrieved for his or its own use and benefit 2 in accordance with the rules of civil practice. 3 Section 818. Discrimination and rebates. 4 (a) Discrimination.--No society doing business in this 5 Commonwealth shall make or permit any unfair discrimination 6 between benefit members, spouses or dependents of the same class 7 and equal expectation of life in the premiums charged for 8 certificates of insurance, in the dividends or other benefits 9 payable thereon or in any other of the terms and conditions of 10 the contracts it makes. 11 (b) Rebates.--No society, by itself, or any other party, and 12 no agent or solicitor, personally, or by any other party, shall 13 offer, promise, allow, give, set off, or pay, directly or 14 indirectly, any valuable consideration or inducement to, or for 15 insurance, on any risk authorized to be taken by such society, 16 which is not specified in the certificate. No member shall 17 receive or accept, directly or indirectly, any rebate of 18 premium, or part thereof, or agent's or solicitor's commission 19 thereon, payable on any certificate or receive or accept any 20 favor or advantage or share in the dividends or other benefits 21 to accrue on, or any valuable consideration or inducement not 22 specified in the contract of insurance. 23 CHAPTER 9 24 MISCELLANEOUS 25 Section 901. Taxation. 26 Every society organized or licensed under this act is hereby 27 declared to be a charitable and benevolent institution, and all 28 of its funds shall be exempt from all and every State, county, 29 district, municipal and school tax other than taxes on real 30 estate and office equipment. 19770H0207B1770 - 79 -
1 Section 902. Exemptions. 2 Except as herein provided, societies shall be governed by 3 this act and shall be exempt from all other provisions of the 4 insurance laws of this Commonwealth, not only in governmental 5 relations with the Commonwealth, but for every other purpose. No 6 present law or any law hereafter enacted shall apply to them, 7 unless they be expressly designated therein. To the extent that 8 laws and regulations are applicable to societies, the terms 9 thereof shall be deemed of no effect to the extent that they are 10 inconsistent with the expressed terms of this act. 11 Section 903. Exemption of certain societies. 12 (a) Exemption.--Nothing contained in this act shall be so 13 construed as to affect or apply to: 14 (1) grand or subordinate lodges of societies, orders or 15 associations now doing business in this Commonwealth which 16 provide benefits exclusively through local or subordinate 17 lodges; 18 (2) orders, societies or associations which admit to 19 membership only persons engaged in one or more crafts or 20 hazardous occupations, in the same or similar lines of 21 business, insuring only their own members and their families, 22 and the ladies' societies or ladies' auxiliaries to such 23 orders, societies or associations; 24 (3) domestic societies which limit their membership to 25 employees of a particular city or town, designated firm, 26 business house or corporation which provide for a death 27 benefit of not more than $400 or disability benefits of not 28 more than $350 to any person in any one year, or both; or 29 (4) domestic societies or associations of a purely 30 religious, charitable or benevolent description, which 19770H0207B1770 - 80 -
1 provide for a death benefit of not more the $400 or for 2 disability benefits of not more than $350 to any one person 3 in any one year, or both. 4 (b) Coverage extended.--Any such society or association 5 described in paragraphs (3) or (4) supra which provides for 6 death or disability benefits for which benefit certificates are 7 issued, and any such society or association included in 8 paragraph (4) which has more than 1000 members, shall not be 9 exempted from the provisions of this act but shall comply with 10 all requirements thereof. 11 (c) Prohibition.--No society which, by the provisions of 12 this section, is exempt from the requirements of this act, 13 except any society described in subsection (a)(2), shall give or 14 allow, or promise to give or allow to any person any 15 compensation for procuring new members. 16 (d) Subject to act.--Every society which provides for 17 benefits in case of death or disability resulting solely from 18 accident, and which does not obligate itself to pay natural 19 death or sick benefits shall have all of the privileges and be 20 subject to all the applicable provisions and regulations of this 21 act except that the provisions thereof relating to medical 22 examination, valuations of benefit certificates, and 23 incontestability, shall not apply to such society. 24 (e) Information may be rejected.--The Commissioner of 25 Insurance may require from any society or association, by 26 examination or otherwise, such information as will enable him to 27 determine whether such society or association is exempt from the 28 provisions of this act. 29 Section 904. Penalties. 30 (a) False statements.--It shall be prohibited for any person 19770H0207B1770 - 81 -
1 to willfully make a false or fraudulent statement in or relating 2 to an application for membership or for the purpose of obtaining 3 money from or a benefit in any society. 4 (b) Filing of false statement.--Any person who willfully 5 makes a false or fraudulent statement in any verified report or 6 declaration under oath required or authorized by this act, or of 7 any material fact or thing contained in a sworn statement 8 concerning the death or disability of a member for the purpose 9 of procuring payment of a benefit named in the certificate, 10 shall be guilty of perjury and shall be subject to the penalties 11 therefore prescribed by law. 12 (c) Solicitation by nonlicensed society.--Any person who 13 solicits membership for, or in any manner assists in procuring 14 membership in, any society not licensed to do business in this 15 Commonwealth shall upon conviction be fined not less than $500 16 nor more than $1000. 17 (d) Penalty for other violation.--Any person guilty of a 18 willful violation of, or neglect or refusal to comply with, the 19 provisions of this act for which a penalty is not otherwise 20 prescribed, shall be guilty of a misdemeanor and shall upon 21 conviction, be subject to a fine not exceeding $500. Upon 22 satisfactory evidence of a violation of any provision of this 23 act, the commissioner may in his discretion, in lieu of seeking 24 criminal prosecution, pursue any one or more of the following 25 courses of action: 26 (1) Suspend or revoke or refuse to renew the license of 27 such offending party or parties. 28 (2) Impose a civil penalty of not more than $1000 for 29 each and every act in violation of any of said sections by 30 said party or parties. 19770H0207B1770 - 82 -
1 Section 905. Repealer. 2 The following acts of assembly are hereby repealed absolutely 3 from and after the effective date of this act insofar as 4 expressly inconsistent with this act: 5 Act of June 4, 1937 (P.L.1643, No.342). 6 Act of August 9, 1971 (P.L.286, No.74). 7 Act of November 15, 1972 (P.L.1063, No.271). 8 CHAPTER 10 9 EFFECTIVE DATE 10 Section 1001. Effective date. 11 This act shall take effect in six months. B2L37CVV/19770H0207B1770 - 83 -