reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 700c - Health Insurance › Section 38a-591j. - Utilization review companies: Licensure. Fees. Investigation of grievances. Duties.

(a) No utilization review company shall conduct utilization review in this state for a health benefit plan under the jurisdiction of the commissioner unless it is licensed by the commissioner. All licenses shall be renewed every two years.
(b) The license fee shall be six thousand dollars and shall be dedicated to the regulation of utilization review, except that the commissioner shall be authorized to use such funds as is necessary to (1) implement the provisions of sections 38a-91aa to 38a-91tt, inclusive, and (2) contract with The University of Connecticut School of Medicine to provide any medical consultations necessary to carry out the commissioner's responsibilities under this title with respect to consumer and market conduct matters.
(c) The request for licensure or renewal shall include the name, address, telephone number and normal business hours of the utilization review company, and the name and telephone number of a person for the commissioner to contact. Any material changes in the information filed in accordance with this subsection, or any material change to approved policies, procedures, sample letters or change in clinical criteria for behavioral health shall be filed with the commissioner not later than thirty calendar days after the change.
(d) The commissioner shall receive and investigate all grievances filed against utilization review companies by a covered person. The commissioner shall code, track and review all grievances. The commissioner may impose such penalties as authorized, in accordance with section 38a-591k.
(e) In the absence of any contractual agreement to the contrary, the covered person or the covered person's authorized representative shall be responsible for requesting certification and for authorizing the covered person's treating health care professional to release, in a timely manner, all information necessary to conduct the review. A utilization review company shall permit the covered person, the covered person's authorized representative or the covered person's treating health care professional to assist in fulfilling that responsibility.
(P.A. 11-58, S. 63; Oct. Sp. Sess. P.A. 11-1, S. 73; P.A. 22-84, S. 1.)
History: P.A. 11-58 effective July 1, 2011; Oct. Sp. Sess. P.A. 11-1 made a technical change in Subsec. (b)(1), effective July 1, 2012; P.A. 22-84 amended Subsecs. (a) and (b) by changing the licensing fee from $3,000 to $6,000 and replacing the annual renewal requirement with a 2 year renewal requirement, and amended Subsec. (c) re material changes to approved policies, procedures, sample letters or clinical criteria for behavioral health to be filed with the commissioner, effective January 1,2023.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 700c - Health Insurance › Section 38a-591k. - Violations. Notice and hearing. Penalties. Appeal.

(a) Whenever the commissioner has reason to believe that a utilization review company subject to sections 38a-591a to 38a-591j, inclusive, has been or is engaging in conduct in violation of said sections, and that a proceeding by the commissioner would be in the interest of the public, the commissioner shall issue and serve upon such company a statement of the charges in that respect and a notice of a hearing to be held at a time and place fixed in the notice, which shall not be less than thirty calendar days after the date of service. At the time and place fixed for such hearing, such company shall have an opportunity to be heard and to show cause why an order should not be made by the commissioner requiring such company to cease and desist from the alleged conduct complained of.
(b) If, after such hearing, the commissioner determines that the utilization review company charged has engaged in a violation of section 38a-591d, the commissioner shall reduce the findings to writing and shall issue and cause to be served upon the utilization review company a copy of such findings and an order requiring such company to cease and desist from engaging in such violation. The commissioner may order any of the following:
(1) Payment of a civil penalty of not more than one thousand five hundred dollars for each act or violation, provided such penalty shall not exceed an aggregate penalty of fifteen thousand dollars unless the company knew or reasonably should have known it was in violation of section 38a-591d, in which case the penalty shall be not more than seven thousand five hundred dollars for each act or violation, not to exceed an aggregate penalty of seventy-five thousand dollars in any six-month period;
(2) Suspension or revocation of the utilization review company's license to do business in this state if it knew or reasonably should have known that it was in violation of section 38a-591d; or
(3) Payment of such reasonable expenses as may be necessary to compensate the commissioner in connection with the proceedings under this subsection, which shall be dedicated exclusively to the regulation of utilization review.
(c) Any company aggrieved by any such order of the commissioner may appeal therefrom in accordance with the provisions of section 4-183, except venue for such appeal shall be in the judicial district of New Britain.
(d) Any person who violates a cease and desist order of the commissioner made pursuant to this section and while such order is in effect shall, after notice and hearing and upon order of the commissioner, be subject to the following: (1) A civil penalty of not more than seventy-five thousand dollars; or (2) suspension or revocation of such person's license.
(P.A. 11-58, S. 64.)
History: P.A. 11-58 effective July 1, 2011.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 700d - Fraternal Benefit Societies › Section 38a-595. (Formerly Sec. 38-206). - Definitions.

Any incorporated society, order or supreme lodge, without capital stock, including one exempted under subdivision (2) of subsection (a) of section 38a-625 whether incorporated or not, conducted solely for the benefit of its members and their beneficiaries and not for profit, operated on a lodge system with ritualistic form of work, having a representative form of government, and that makes provision for the payment of benefits in accordance with sections 38a-595 to 38a-626, inclusive, 38a-631 to 38a-640, inclusive, and 38a-800, is declared to be a fraternal benefit society. When used in sections 38a-595 to 38a-626, inclusive, 38a-631 to 38a-640, inclusive, and 38a-800, “society”, unless otherwise indicated, means fraternal benefit society and “premiums” means premiums, rates or other required contributions by whatever name known.
(1949 Rev., S. 6222; 1957, P.A. 448, S. 1, 20; June 12 Sp. Sess. P.A. 12-2, S. 135.)
History: Sec. 38-206 transferred to Sec. 38a-595 in 1991; June 12 Sp. Sess. P.A. 12-2 made technical changes, effective July 1, 2012.
Annotations to former section 38-206:
Fraternal benefit society distinguished from insurance company. 64 C. 171. Nature may be such as to make such an organization contrary to public policy. Id., 208.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 700d - Fraternal Benefit Societies › Section 38a-596. (Formerly Sec. 38-207). - Societies operating on the lodge system.

A society having a supreme legislative or governing body and subordinate lodges or branches by whatever name known, into which members are elected, initiated or admitted in accordance with its constitution, laws, ritual and rules, which subordinate lodges or branches are required by the laws of the society to hold regular meetings at least once in each month, shall be deemed to be operating on the lodge system.
(1949 Rev., S. 6223; 1957, P.A. 448, S. 2.)
History: Sec. 38-207 transferred to Sec. 38a-596 in 1991.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 700d - Fraternal Benefit Societies › Section 38a-597. (Formerly Sec. 38-208). - Representative form of government.

A society shall be deemed to have a representative form of government when: (a) It provides in its constitution or laws for a supreme legislative or governing body, composed of representatives elected either by the members or by delegates elected directly or indirectly by the members, together with such other members of such body as may be prescribed by the society's constitution and laws; (b) the representatives elected constitute a majority in number and have not less than two-thirds of the votes nor less than the votes required to amend its constitution and laws; (c) the meetings of the supreme legislative or governing body and the election of officers, representatives or delegates are held as often as once in four calendar years; (d) each insured member shall be eligible for election to act or serve as a delegate to such meeting; (e) the society has a board of directors charged with the responsibility for managing its affairs in the interim between meetings of its supreme legislative or governing body, subject to control by such body and having powers and duties delegated to it in the constitution or laws of the society; (f) such board of directors is elected by the supreme legislative or governing body, except in case of filling a vacancy in the interim between meetings of such body; (g) the officers are elected either by the supreme legislative or governing body or by the board of directors; and (h) the members, officers, representatives or delegates shall not vote by proxy.
(1949 Rev., S. 6224; 1957, P.A. 448, S. 3.)
History: Sec. 38-208 transferred to Sec. 38a-597 in 1991.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 700d - Fraternal Benefit Societies › Section 38a-599. (Formerly Sec. 38-210). - Rights and powers of societies existing on January 1, 1958.

Any incorporated society authorized to transact business in this state on January 1, 1958, may exercise all the rights, powers and privileges prescribed in sections 38a-595 to 38a-626, inclusive, 38a-631 to 38a-640, inclusive, and 38a-800 and in its charter or articles of incorporation as far as consistent with said sections. A domestic society shall not be required to reincorporate.
(1949 Rev., S. 6232; 1957, P.A. 448, S. 5.)
History: Sec. 38-210 transferred to Sec. 38a-599 in 1991.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 700d - Fraternal Benefit Societies › Section 38a-600. (Formerly Sec. 38-211). - Unincorporated or voluntary associations prohibited from transacting business.

No unincorporated or voluntary association shall be permitted to transact business in this state as a fraternal benefit society. Every voluntary association which incorporated prior to January 1, 1958, shall incur the obligations and enjoy the benefits thereof the same as though originally incorporated, and such corporation shall be deemed a continuation of the original voluntary association. The officers thereof shall serve through their respective terms as provided in its original articles of association, but their successors shall be elected and serve as provided in its articles of incorporation. Incorporation of a voluntary association shall not affect suits, claims or contracts existing prior to such incorporation.
(1957, P.A. 448, S. 6; 1959, P.A. 61, S. 2.)
History: 1959 act added the words “as a fraternal benefit society” to the first sentence; Sec. 38-211 transferred to Sec. 38a-600 in 1991.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 700d - Fraternal Benefit Societies › Section 38a-601. (Formerly Sec. 38-212). - Foreign and alien societies to be licensed.

No foreign or alien society shall transact business in this state without a license issued by the commissioner. Any such society may be licensed to transact business in this state upon filing with the commissioner: (1) A certified copy of its charter or articles of incorporation; (2) a copy of its constitution and laws, certified by its secretary or corresponding officer; (3) a power of attorney appointing the commissioner as its agent for service of process as prescribed in section 38a-25; (4) a statement of its business under oath of its president and secretary or corresponding officers in a form prescribed by the commissioner, verified by an examination made by the supervising insurance official of its home state or other state, territory, province or country, satisfactory to the Insurance Commissioner of this state; (5) a certificate from the proper official of its home state, territory, province or country that the society is legally incorporated and licensed to transact business therein; (6) copies of its certificate forms; and (7) such other information as he deems necessary; and upon a showing that its assets are invested in accordance with the provisions of sections 38a-595 to 38a-626, inclusive, 38a-631 to 38a-640, inclusive, and 38a-800. Any foreign or alien society desiring admission to this state shall have the qualifications required of domestic societies organized under said sections.
(1949 Rev., S. 6236; 1957, P.A. 448, S. 25; P.A. 90-243, S. 131; P.A. 14-235, S. 4.)
History: P.A. 90-243 substituted “foreign” for “nonresident” and “alien” for “foreign” societies and added a provision re the insurance commissioner being appointed the agent for service of process; Sec. 38-212 transferred to Sec. 38a-601 in 1991; P.A. 14-235 redesignated existing Subdivs. (a) to (g) as Subdivs. (1) to (7).
Annotations to former section 38-212:
Under what law contract with foreign association construed. 64 C. 240; 82 C. 315; 87 C. 644.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 700d - Fraternal Benefit Societies › Section 38a-602. (Formerly Sec. 38-213). - Renewal of license.

The authority of all licensed societies may be renewed annually, but in all cases shall terminate on the first day of the succeeding May. Any license so issued shall continue in effect until the new license is issued or specifically refused. For each such license or renewal the society shall pay the commissioner ten dollars. A certified copy or duplicate of such license shall be prima facie evidence that the licensee is a fraternal benefit society within the meaning of sections 38a-595 to 38a-626, inclusive, 38a-631 to 38a-640, inclusive, and 38a-800.
(1949 Rev., S. 6235; 1957, P.A. 448, S. 24; 1959, P.A. 392, S. 2.)
History: 1959 act increased the license fee from $5 to $10; Sec. 38-213 transferred to Sec. 38a-602 in 1991.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 700d - Fraternal Benefit Societies › Section 38a-603. (Formerly Sec. 38-214). - Suspension or revocation of license of foreign or alien society.

When the commissioner upon investigation finds that a foreign or alien society transacting or applying to transact business in this state: (1) Has exceeded its powers; (2) has failed to comply with any of the provisions of sections 38a-595 to 38a-626, inclusive, 38a-631 to 38a-640, inclusive, and 38a-800; (3) is not fulfilling its contracts in good faith; or (4) is conducting its business fraudulently or in a manner hazardous to its members or creditors or the public, he shall notify the society of his findings, state in writing the reasons for his dissatisfaction and require the society to show cause on a date named why its license should not be suspended, revoked or refused. If on such date the society does not present good and sufficient reason why its authority to do business in this state should not be suspended, revoked or refused, he may suspend or refuse the license of the society to do business in this state until satisfactory evidence is furnished to him that such suspension or refusal should be withdrawn or he may revoke the authority of the society to do business in this state. Nothing contained in this section shall be taken or construed as preventing any such society from continuing in good faith all contracts made in this state during the time such society was legally authorized to transact business herein.
(1949 Rev., S. 6267; 1957, P.A. 448, S. 27; P.A. 90-243, S. 132; P.A. 14-235, S. 5.)
History: P.A. 90-243 substituted “foreign” for “nonresident” and “alien” for “foreign” societies; Sec. 38-214 transferred to Sec. 38a-603 in 1991; P.A. 14-235 redesignated existing Subdivs. (a) to (d) as Subdivs. (1) to (4).
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 700d - Fraternal Benefit Societies › Section 38a-604. (Formerly Sec. 38-215). - Tax exemption.

Every society organized or licensed under sections 38a-595 to 38a-626, inclusive, 38a-631 to 38a-640, inclusive, and 38a-800, is hereby declared to be a charitable and benevolent institution, and all of its funds shall be exempt from all state and municipal taxes other than taxes on real estate and office equipment.
(1949 Rev., S. 6270; 1957, P.A. 448, S. 40.)
History: Sec. 38-215 transferred to Sec. 38a-604 in 1991.
Annotation to former section 38-215:
“Office equipment” does not include office supplies, materials and similar fungible items and is therefore exempt from taxation. 36 CS 63.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 700d - Fraternal Benefit Societies › Section 38a-605. (Formerly Sec. 38-216). - Principal office. Meetings of governing body.

The principal office of any domestic society shall be located in this state. The meetings of its supreme legislative or governing body may be held in any state, district, province or territory wherein such society has at least five subordinate branches and all business transacted at such meetings shall be as valid in all respects as if such meetings were held in this state.
(1949 Rev., S. 6239; 1957, P.A. 448, S. 7.)
History: Sec. 38-216 transferred to Sec. 38a-605 in 1991.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 700d - Fraternal Benefit Societies › Section 38a-606. (Formerly Sec. 38-218). - Amendment of articles of incorporation, constitution or laws.

(a) A domestic society may amend its articles of incorporation, constitution or laws in accordance with the provisions thereof by action of its supreme legislative or governing body at any regular or special meeting thereof or, if its articles of incorporation, constitution or laws so provide, by referendum. Such referendum may be held in accordance with the provisions of its articles of incorporation, constitution or laws by the vote of the voting members of the society, by the vote of delegates or representatives of voting members or by the vote of local lodges or branches. No amendment submitted for adoption by referendum shall be adopted unless, within six months from the date of submission thereof, a majority of all of the voting members of the society have signified their consent to the amendment by one of the methods herein specified.
(b) No amendment to the articles of incorporation, constitution or laws of any domestic society shall take effect unless approved by the commissioner, who shall approve the amendment if he finds that it has been duly adopted and is not inconsistent with any requirement of the laws of this state or with the character, objects and purposes of the society. Unless the commissioner disapproves any such amendment within sixty days after the filing of the same, the amendment shall be considered approved. The approval or disapproval of the commissioner shall be in writing and mailed to the secretary or corresponding officer of the society at its principal office. If he disapproves the amendment, the reasons for disapproval shall be stated in the written notice.
(c) Within ninety days from the approval thereof by the commissioner, all such amendments, or a synopsis thereof, shall be furnished to all members of the society either by mail or by publication in full in the official organ of the society. The affidavit of any officer of the society, or of anyone authorized by it to mail any amendments or synopsis thereof, stating facts which show that the same have been duly addressed and mailed, shall be prima facie evidence that the amendments or synopsis thereof have been furnished the addressee. Every foreign or alien society authorized to do business in this state shall file with the commissioner a certified copy of all amendments of, or additions to, its articles of incorporation, constitution or laws within ninety days after the enactment of the same.
(d) Printed copies of the constitution or laws as amended, certified by the secretary or corresponding officer of the society, shall be prima facie evidence of the legal adoption thereof.
(1949 Rev., S. 6242; 1957, P.A. 448, S. 10; P.A. 90-243, S. 133.)
History: P.A. 90-243 divided section into Subsecs. and made technical corrections, substituting “the” for “such”, “foreign” for “nonresident” and “alien” for “foreign”; Sec. 38-218 transferred to Sec. 38a-606 in 1991.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 700d - Fraternal Benefit Societies › Section 38a-607. (Formerly Sec. 38-219). - Constitution and laws may be absolute authority.

The constitution and laws of the society may provide that no subordinate body or any of its subordinate officers or members shall have the power or authority to waive any of the provisions of the laws and constitution of the society. Such provision shall be binding on the society and every member and beneficiary of a member.
(1949 Rev., S. 6241; 1957, P.A. 448, S. 22.)
History: Sec. 38-219 transferred to Sec. 38a-607 in 1991.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 700d - Fraternal Benefit Societies › Section 38a-609. (Formerly Sec. 38-221). - Benefit membership.

A society may admit to benefit membership any person not less than fifteen years of age on his nearest birthday who has furnished evidence of insurability acceptable to the society. Any such member who applies for additional benefits more than six months after becoming a benefit member shall furnish additional evidence of insurability acceptable to the society. Any person admitted prior to attaining the full age of eighteen years shall be bound by the terms of the application and certificate and by all the laws and rules of the society and shall be entitled to all the rights and privileges of membership therein to the same extent as though the age of majority had been attained at the time of application. A society may also admit general or social members, who shall have no voice or vote in the management of its insurance affairs.
(1949 Rev., S. 6248; 1949, 1955, S. 2850d; 1957, P.A. 488, S. 9; 1959, P.A. 61, S. 3; 1972, P.A. 127, S. 64.)
History: 1959 act added the words “furnish additional evidence of insurability acceptable to” in the second sentence and deleted the requirement of an additional medical examination for additional benefits; 1972 act changed age of majority from 21 to 18; Sec. 38-221 transferred to Sec. 38a-609 in 1991.
Annotation to former section 38-221:
Effect of misstatement of age. 89 C. 249.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 700d - Fraternal Benefit Societies › Section 38a-610. (Formerly Sec. 38-222). - Maintenance of institutions for benefit of members.

(a) A society may create, maintain and operate charitable, benevolent or educational institutions for the benefit of its members and their families and dependents and for the benefit of children insured by the society. For such purpose it may own, hold or lease personal property or real property located within or without this state, with necessary buildings thereon.
(b) Such property shall be reported in every annual statement of the society in accordance with the National Association of Insurance Commissioners Accounting Practices and Procedures Manual, version effective January 1, 2001, and subsequent revisions. Maintenance, treatment and proper attendance in any such institution may be furnished free or a reasonable charge may be made therefor, but no such institution shall be operated for profit. The society shall maintain a separate accounting of any income and disbursements under this section and report them in its annual statement.
(c) No society shall own or operate funeral homes or undertaking establishments.
(1957, P.A. 448, S. 11; P.A. 90-243, S. 135; P.A. 00-30, S. 13, 14.)
History: P.A. 90-243 divided section into Subsecs. and made technical corrections; Sec. 38-222 transferred to Sec. 38a-610 in 1991; P.A. 00-30 amended Subsec. (b) to delete “shall not be allowed as an admitted asset” re “such property” and to require such property to be reported “in accordance with the National Association of Insurance Commissioners Accounting Practices and Procedures Manual, version effective January 1, 2001, and subsequent revisions”, effective January 1, 2001.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 700d - Fraternal Benefit Societies › Section 38a-611. (Formerly Sec. 38-233). - Reinsurance.

A domestic society may, by a reinsurance agreement, cede any individual risk or risks in whole or in part to an insurer, other than another fraternal benefit society, having the power to make such reinsurance and authorized to do business in this state or, if not so authorized, one which is approved by the commissioner; but no such society may reinsure substantially all of its insurance in force without the written permission of the commissioner. It may take credit for the reserves on such ceded risks to the extent reinsured, but no credit shall be allowed, as an admitted asset or as a deduction from liability, to a ceding society for reinsurance made, ceded, renewed or otherwise becoming effective after January 1, 1958, unless the reinsurance is payable by the assuming insurer on the basis of the liability of the ceding society under the contract or contracts reinsured without diminution because of the insolvency of the ceding society.
(1949 Rev., S. 6244; 1957, P.A. 448, S. 23.)
History: Sec. 38-233 transferred to Sec. 38a-611 in 1991.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 700d - Fraternal Benefit Societies › Section 38a-612. (Formerly Sec. 38-235). - Use of assets. Proportion to be used for expenses.

All assets shall be held, invested and disbursed for the use and benefit of the society and no member or beneficiary shall have or acquire individual rights therein or become entitled to any apportionment or the surrender of any part thereof, except as provided in the contract. A society may create, maintain, invest, disburse and apply any special fund or funds necessary to carry out any purpose permitted by the laws of such society. Every society, the admitted assets of which are less than the sum of its accrued liabilities and reserves under all of its certificates when valued according to standards required for certificates issued after one year from January 1, 1958, shall, in every provision of the laws of the society for payments by members of such society, in whatever form made, distinctly state the purpose of the same and the proportion thereof which may be used for expenses, and no part of the money collected for mortuary or disability purposes or the net accretions thereto shall be used for expenses.
(1949 Rev., S. 6250, 6253; 1957, P.A. 448, S. 32.)
History: Sec. 38-235 transferred to Sec. 38a-612 in 1991.
Annotations to former section 38-235:
Right of members in fund of parent body left in hands of subordinate lodges; protection of members in this state where parent body is located outside. 64 C. 170; 81 C. 189; 83 C. 241; 88 C. 676. Certain special funds considered. 84 C. 96. Section does not govern the type of policy which a society may issue. 144 C. 346.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 700d - Fraternal Benefit Societies › Section 38a-613. (Formerly Sec. 38-236). - Investments.

A society shall invest its funds only in such investments as are authorized by the laws of this state for the investment of assets of life insurance companies and subject to the limitations thereon. Any foreign or alien society permitted or seeking to do business in this state which invests its funds in accordance with the laws of the state, district, territory, country or province in which it is incorporated shall be held to meet the requirements of this section for the investment of funds.
(1949 Rev., S. 6252; 1957, P.A. 448, S. 33; P.A. 90-243, S. 142.)
History: P.A. 90-243 substituted “foreign” for “nonresident” and “alien” for “foreign” societies; Sec. 38-236 transferred to Sec. 38a-613 in 1991.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 700d - Fraternal Benefit Societies › Section 38a-615. (Formerly Sec. 38-237a). - Additional filings. Capital and surplus requirements for certain associations.

(a) In addition to the annual report required under section 38a-614, the commissioner, when the commissioner deems it necessary, may require any fraternal benefit society licensed under sections 38a-595 to 38a-626, inclusive, 38a-631 to 38a-640, inclusive, and 38a-800, or any association set forth in subsection (b) of section 38a-614, to file financial statements on a quarterly basis.
(b) In addition to such annual report and the quarterly report required under subsection (a) of this section, the commissioner, whenever the commissioner determines that more frequent reports are required because of certain factors or trends affecting companies writing a particular class or classes of business or because of changes in the company's management or financial or operating condition, may require any fraternal benefit society licensed under sections 38a-595 to 38a-626, inclusive, 38a-631 to 38a-640, inclusive, and 38a-800, or any association set forth in subsection (b) of section 38a-614, to file financial statements on other than an annual or quarterly basis.
(c) If, in the opinion of the commissioner, an association set forth in subsection (b) of section 38a-614 has not maintained qualified assets, as defined in section 38a-71, sufficient to meet its liabilities and minimum capital and minimum surplus requirements as determined by the commissioner, the commissioner may order such association to increase its capital and surplus. If the association is unable to satisfy such order, the commissioner may order such association to cease and desist from assuming any additional liabilities in this state until such time as the association is able to satisfy the capital and surplus requirements ordered by the commissioner.
(P.A. 76-167, S. 2; P.A. 05-29, S. 8; June 12 Sp. Sess. P.A. 12-2, S. 137.)
History: Sec. 38-237a transferred to Sec. 38a-615 in 1991; P.A. 05-29 amended Subsec. (b) to make technical changes; June 12 Sp. Sess. P.A. 12-2 amended Subsecs. (a) and (b) to add provisions re tax-exempt associations set forth in Sec. 38a-614(b) and make a technical change, and added Subsec. (c) authorizing commissioner to order such associations to increase capital and surplus requirements or to cease and desist from assuming additional liabilities, effective July 1, 2012.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 700d - Fraternal Benefit Societies › Section 38a-616. (Formerly Sec. 38-238). - Examination of domestic society by commissioner.

(a) The commissioner, or any person he may appoint, shall have the power of visitation and examination into the affairs of any domestic society and he shall make such examination at least once in every five years. He may employ assistants for the purpose of such examination, and he, or any person he may appoint, shall have free access to all books, papers and documents that relate to the business of the society. The minutes of the proceedings of the supreme legislative or governing body and of the board of directors or corresponding body of a society shall be in the English language. In making any such examination the commissioner may summon and qualify as witnesses under oath and examine its officers, agents and employees or other persons in relation to the affairs, transactions and condition of the society.
(b) A summary of the report of the commissioner and such recommendations or statements of the commissioner as may accompany such report shall be read at the first meeting of the board of directors or corresponding body of the society following the receipt thereof and, if so directed by the commissioner, shall also be read at the first meeting of the supreme legislative or governing body of the society following the receipt thereof. A copy of the report, recommendations and statements of the commissioner shall be furnished by the society to each member of such board of directors or other governing body.
(c) The state shall be reimbursed for the costs of each examination and of each valuation of any domestic society to the extent provided in sections 38a-49 and 38a-50.
(1957, P.A. 448, S. 35; 1959, P.A. 381, S. 1; P.A. 81-101, S. 8; P.A. 90-243, S. 143.)
History: 1959 act deleted provision which had required society to pay examination costs, requiring instead reimbursement “to the extent provided in sections 38-51 and 38-52”; P.A. 81-101 required that insurance commissioner examine affairs of each domestic fraternal benefit society every five years, rather than every three years; P.A. 90-243 divided section into Subsecs.; Sec. 38-238 transferred to Sec. 38a-616 in 1991.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 700d - Fraternal Benefit Societies › Section 38a-617. (Formerly Sec. 38-239). - Examination of foreign or alien society.

The commissioner, or any person whom he may appoint, may examine any foreign or alien society transacting or applying for admission to transact business in this state. He may employ assistants and he, or any person he may appoint, shall have free access to all books, papers and documents that relate to the business of the society. He may in his discretion accept, in lieu of such examination, the examination of the insurance department of the state, territory, district, province or country where such society is organized. The compensation and actual expenses of the examiners making any examination or general or special valuation shall be paid by the society examined or by the society whose certificate obligations have been valued, upon statements furnished by the commissioner.
(1949 Rev., S. 6265; 1957, P.A. 448, S. 36; P.A. 90-243, S. 144.)
History: P.A. 90-243 substituted “foreign” for “nonresident” and “alien” for “foreign” societies; Sec. 38-239 transferred to Sec. 38a-617 in 1991.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 700d - Fraternal Benefit Societies › Section 38a-618. (Formerly Sec. 38-240). - Statement affecting status of society prohibited pending answer of society.

Pending, during or after an examination or investigation of a society, domestic, foreign or alien, the commissioner shall not make public any financial statement, report or finding, nor shall he permit to become public any financial statement, report or finding affecting the status, standing or rights of any society, until a copy thereof has been served upon the society at its principal office and the society has been afforded a reasonable opportunity to answer any such financial statement, report or finding and to make such showing in connection therewith as it may desire.
(1949 Rev., S. 6266; 1957, P.A. 448, S. 37; P.A. 90-243, S. 145.)
History: P.A. 90-243 substituted “foreign” for “nonresident” and “alien” for “foreign” societies; Sec. 38-240 transferred to Sec. 38a-618 in 1991.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 700d - Fraternal Benefit Societies › Section 38a-619. (Formerly Sec. 38-241). - Decisions of commissioner subject to Superior Court review.

All decisions and findings of the commissioner made under the provisions of sections 38a-595 to 38a-626, inclusive, 38a-631 to 38a-640, inclusive, and 38a-800 shall be subject to review by proper proceedings in the Superior Court.
(1957, P.A. 448, S. 31.)
History: Sec. 38-241 transferred to Sec. 38a-619 in 1991.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 700d - Fraternal Benefit Societies › Section 38a-621. (Formerly Sec. 38-243). - Petition for injunction to be made only by Attorney General.

No application or petition for injunction against any domestic, foreign or alien society, or branch thereof, shall be recognized in any court of this state unless made by the Attorney General upon request of the commissioner.
(1957, P.A. 448, S. 30; P.A. 90-243, S. 146.)
History: P.A. 90-243 substituted “foreign” for “nonresident” and “alien” for “foreign” societies; Sec. 38-243 transferred to Sec. 38a-621 in 1991.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 700d - Fraternal Benefit Societies › Section 38a-622. (Formerly Sec. 38-244). - Misrepresentations, false statements prohibited. Penalties.

No person shall cause or permit to be made, issued or circulated in any form: (a) Any misrepresentation or false or misleading statement concerning the terms, benefits or advantages of any fraternal insurance contract issued or to be issued in this state, or the financial condition of any society; (b) any false or misleading estimate or statement concerning the dividends or shares of surplus paid or to be paid by any society on any insurance contract; or (c) any incomplete comparison of an insurance contract of one society with an insurance contract of another society or insurer for the purpose of inducing the lapse, forfeiture or surrender of any insurance contract. A comparison of insurance contracts is incomplete if it does not compare in detail: (1) The gross rates, and the gross rates less any dividend or other reduction allowed at the date of the comparison; (2) any increase in cash values, and all the benefits provided by each contract for the possible duration thereof as determined by the life expectancy of the insured; or if it omits from consideration; (3) any benefit or value provided in the contract; (4) any differences as to amount or period of rates; or (5) any differences in limitations or conditions or provisions which directly or indirectly affect the benefits. In any determination of the incompleteness or misleading character of any comparison or statement, it shall be presumed that the insured had no knowledge of any of the contents of the contract involved. Any person who violates any provision of this section, or knowingly receives any compensation or commission by or in consequence of such violation, shall be fined not less than two thousand dollars or more than ten thousand dollars or be imprisoned not less than thirty days or more than one year, or be both fined and imprisoned, and shall, in addition, be liable for civil penalty in the amount of three times the sum received by such violator as compensation or commission, which penalty may be sued for and recovered by any person or society aggrieved for his or its own use and benefit in accordance with the provisions of civil practice.
(1957, P.A. 448, S. 38; P.A. 08-178, S. 20.)
History: Sec. 38-244 transferred to Sec. 38a-622 in 1991; P.A. 08-178 made technical changes and increased minimum fine from $100 to $2,000 and maximum fine from $500 to $10,000.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 700d - Fraternal Benefit Societies › Section 38a-624. (Formerly Sec. 38-246). - Exemption from insurance laws.

Except as herein provided, societies shall be governed by sections 38a-595 to 38a-626, inclusive, 38a-631 to 38a-640, inclusive, and 38a-800 and shall be exempt from all other provisions of the insurance laws of this state, not only in governmental relations with the state, but for every other purpose. No law enacted after January 1, 1958, shall apply to them, unless they are expressly designated therein.
(1949 Rev., S. 6225; 1957, P.A. 448, S. 41.)
History: Sec. 38-246 transferred to Sec. 38a-624 in 1991.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 700d - Fraternal Benefit Societies › Section 38a-624a. - Effect of marriage laws on determination of members or beneficiaries or provision of insurance.

The marriage laws of this state shall not be construed to affect the ability of a fraternal benefit society to determine the admission of members as provided in section 38a-598 or to determine the scope of beneficiaries in accordance with section 38a-636, and shall not require a fraternal benefit society that has been established and is operating for charitable and educational purposes and which is operated, supervised or controlled by or in connection with a religious organization to provide insurance benefits to any person if to do so would violate the fraternal benefit society's free exercise of religion as guaranteed by the first amendment to the Constitution of the United States and section 3 of article first of the Constitution of the state.
(P.A. 09-13, S. 18.)
History: P.A. 09-13 effective April 23, 2009.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 700d - Fraternal Benefit Societies › Section 38a-626. (Formerly Sec. 38-248). - Penalties.

Any person who wilfully makes a false or fraudulent statement in or relating to an application for membership or for the purpose of obtaining money from or a benefit in any society shall be fined not less than two thousand dollars or more than ten thousand dollars or imprisoned not less than thirty days or more than one year or both. Any person who wilfully makes a false or fraudulent statement in any verified report or declaration under oath required or authorized by sections 38a-595 to 38a-626, inclusive, 38a-631 to 38a-640, inclusive, and 38a-800, or of any material fact or thing contained in a sworn statement concerning the death or disability of a member for the purpose of procuring payment of a benefit named in the certificate, shall be guilty of false statement and shall be subject to the penalties therefor. Any person who solicits membership for, or in any manner assists in procuring membership in, any society not licensed to do business in this state shall be fined not less than one thousand dollars or more than four thousand dollars. Any person guilty of a wilful violation of, or neglect or refusal to comply with, the provisions of said sections for which a penalty is not otherwise prescribed shall be fined not more than four thousand dollars.
(1949 Rev., S. 6271; 1957, P.A. 448, S. 43; 1971, P.A. 871, S. 117; P.A. 08-178, S. 21.)
History: 1971 act replaced perjury penalty prescribed by Sec. 53-143 with false statement penalty; Sec. 38-248 transferred to Sec. 38a-626 in 1991; P.A. 08-178 made technical changes, increased minimum fine for making a false or fraudulent statement from $100 to $2,000 and maximum fine from $500 to $10,000, increased minimum fine for soliciting membership for any society not licensed to do business in this state from $50 to $1,000 and maximum fine from $200 to $4,000, and increased maximum fine for other section violations for which a penalty is not otherwise prescribed from $200 to $4,000.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 700d - Fraternal Benefit Societies › Section 38a-631. (Formerly Sec. 38-224). - Types of benefits authorized.

(1) A society authorized to do business in this state may provide for the payment of: (a) Death benefits in any form; (b) endowment benefits; (c) annuity benefits; (d) temporary or permanent disability benefits as a result of disease or accident; (e) hospital, medical or nursing benefits due to sickness or bodily infirmity or accident; and (f) monument or tombstone benefits to the memory of deceased members not exceeding in any case the sum of three hundred dollars.
(2) Such benefits may be provided on the lives of members or, upon application of a member, on the lives of the member's family, including the member, the member's spouse and minor children, in the same or separate certificates.
(1949 Rev., S. 6244; 1957, P.A. 448, S. 14; March, 1958, P.A. 9, S. 1; 1959, P.A. 61, S. 5.)
History: 1959 act repealed former age limit requirements in Subdiv.(1)(d), (e) and (f) and clarified the application of Subdiv. (2) to the lives of members or their families; Sec. 38-224 transferred to Sec. 38a-631 in 1991.
See Sec. 38a-444 re interest rates on loans.
See Sec. 38a-504 re insurance policy or contract requirements covering surgical removal of tumors and treatment of leukemia.
Annotation to former section 38-224:
“Endowment” defined; held not to include a variable endowment plan in which a portion of premiums is allocated to a fund for investment and a number of units in such invested fund is then attributed to the insured. 144 C. 346.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 700d - Fraternal Benefit Societies › Section 38a-632. (Formerly Sec. 38-224a). - Additional benefits from special account.

A society may pay benefits, other than insurance benefits, to its members from any special account or fund maintained for such purpose; provided, if such benefits are of such a nature that they could constitute benefits within the classes of insurance set forth in section 38a-631, a society making such payments may not: (a) Make any separate charge therefor; (b) issue any certificate, policy or other document promising such payments; (c) provide in its constitution, laws or any other document that such payments may be received by the member as a matter of right; or (d) advertise such payments as insurance or as payments to which the member has any right. The society shall maintain a separate accounting of all disbursements made under this section and report them in its annual statement.
(1959, P.A. 624, S. 1.)
History: Sec. 38-224a transferred to Sec. 38a-632 in 1991.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 700d - Fraternal Benefit Societies › Section 38a-633. (Formerly Sec. 38-225). - Insurance and branches for children.

A society may provide for benefits on the lives of children under the minimum age for adult membership but not greater than eighteen years of age at time of application therefor, upon the application of some adult person, as its laws or rules may provide, which benefits shall be in accordance with the provisions of subsection (1) of section 38a-631. A society may, at its option, organize and operate branches for such children. Membership and initiation in local lodges shall not be required of such children, nor shall they have a voice in the management of the society. A society may provide for the designation and changing of designation of beneficiaries in the certificates providing for such benefits and may provide in all other respects for the regulation, government and control of such certificates and all rights, obligations and liabilities incident thereto and connected therewith.
(1957, P.A. 448, S. 15; 1959, P.A. 61, S. 6; 1972, P.A. 127, S. 65.)
History: 1959 act specified “subsection (1)” of Sec. 38-224; 1972 act changed age of majority from 21 to 18; Sec. 38-225 transferred to Sec. 38a-633 in 1991.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 700d - Fraternal Benefit Societies › Section 38a-634. (Formerly Sec. 38-226). - Nonforfeiture benefits, cash surrender values and certificate loans.

A society may grant paid-up nonforfeiture benefits, cash surrender values, certificate loans and such other options as its laws may permit. As to certificates issued on and after January 1, 1958, a society shall grant at least one paid-up nonforfeiture benefit, except in the case of pure endowment, annuity or reversionary annuity contracts, reducing term insurance contracts or contracts of term insurance of uniform amount of fifteen years or less expiring before age sixty-six.
(1957, P.A. 448, S. 16.)
History: Sec. 38-226 transferred to Sec. 38a-634 in 1991.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 700d - Fraternal Benefit Societies › Section 38a-635. (Formerly Sec. 38-227). - Officers and members not liable for benefits.

The officers and members of the supreme, grand or any subordinate body of a society shall not be personally liable for payment of any benefits provided by a society.
(1949 Rev., S. 6240; 1957, P.A. 448, S. 13.)
History: Sec. 38-227 transferred to Sec. 38a-635 in 1991.