reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 53: RECIPROCAL INSURERS › 24-A §3869. Subscribers' liability on judgment

§3869. Subscribers' liability on judgment
1.
No action shall lie against any subscriber upon any obligation claimed against the insurer until a final judgment has been obtained against the insurer and remains unsatisfied for 30 days.
[PL 1969, c. 132, §1 (NEW).]
2.
Any such judgment is binding upon each subscriber only in such proportion as the subscriber's interests may appear and in amount not exceeding the subscriber's contingent liability, if any.
[RR 2021, c. 1, Pt. B, §316 (COR).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). RR 2021, c. 1, Pt. B, §316 (COR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 53: RECIPROCAL INSURERS › 24-A §3870. Assessments

§3870. Assessments
1.
Assessments may from time to time be levied upon subscribers of a domestic reciprocal insurer liable therefor under the terms of their policies by the attorney upon approval in advance by the subscribers' advisory committee and the superintendent; or by the superintendent in liquidation of the insurer.
[PL 1973, c. 585, §12 (AMD).]
2.
Each subscriber's share of a deficiency for which an assessment is made, but not exceeding in any event the subscriber's aggregate contingent liability as computed in accordance with section 3872, must be computed by applying to the premium earned on the subscriber's policy or policies during the period to be covered by the assessment, the ratio of the total deficiency to the total premiums earned during such period upon all policies subject to the assessment.
[RR 2021, c. 1, Pt. B, §317 (COR).]
3.
In computing the earned premiums for the purposes of this section, the gross premium received by the insurer for the policy shall be used as a base, deducting therefrom solely charges not recurring upon the renewal or extension of the policy.
[PL 1969, c. 132, §1 (NEW).]
4.
A subscriber may not have an offset against any assessment for which the subscriber is liable, on account of any claim for unearned premium or losses payable.
[RR 2021, c. 1, Pt. B, §318 (COR).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). RR 2021, c. 1, Pt. B, §§317, 318 (COR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 53: RECIPROCAL INSURERS › 24-A §3871. Time limit for assessments

§3871. Time limit for assessments
Every subscriber of a domestic reciprocal insurer having contingent liability is liable for, and shall pay the subscriber's share of any assessment, as computed and limited in accordance with this chapter, if:   [RR 2021, c. 1, Pt. B, §319 (COR).]
1.
While the subscriber's policy is in force or within one year after its termination, the subscriber is notified by either the attorney or the superintendent of the superintendent's intentions to levy such assessment; or
[RR 2021, c. 1, Pt. B, §319 (COR).]
2.
An order to show cause why a receiver, conservator, rehabilitator or liquidator of the insurer should not be appointed is issued while the subscriber's policy is in force or within one year after its termination.
[PL 2023, c. 405, Pt. A, §92 (AMD).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). RR 2021, c. 1, Pt. B, §319 (COR). PL 2023, c. 405, Pt. A, §92 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 53: RECIPROCAL INSURERS › 24-A §3872. Aggregate liability

§3872. Aggregate liability
No one policy or subscriber as to such policy shall be assessed or charged with an aggregate of contingent liability as to obligations incurred by a domestic reciprocal insurer in any one calendar year, in excess of the amount provided for in the power of attorney or in the subscribers' agreement, computed solely upon premium earned on such policy during that year.   [PL 1969, c. 132, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 53: RECIPROCAL INSURERS › 24-A §3873. Nonassessable policies

§3873. Nonassessable policies
1.
If a reciprocal insurer has a surplus of assets over all liabilities at least equal to the minimum capital stock and surplus required to be maintained by a domestic stock insurer authorized to transact like kinds of insurance, upon application of the attorney and as approved by the subscribers' advisory committee the superintendent shall issue a certificate authorizing the insurer to extinguish the contingent liability of subscribers under its policies then in force in this State, and to omit provisions imposing contingent liability in all policies delivered or issued for delivery in this State for so long as all such surplus remains unimpaired.
[RR 2021, c. 1, Pt. B, §320 (COR).]
2.
Upon impairment of such surplus, the superintendent shall forthwith revoke the certificate. Such revocation shall not render subject to contingent liability any policy then in force and for the remainder of the period for which the premium has theretofore been paid; but after such revocation no policy shall be issued or renewed without providing for contingent assessment liability of the subscriber.
[PL 1973, c. 585, §12 (AMD).]
3.
The superintendent shall not authorize a domestic reciprocal insurer so to extinguish the contingent liability of any of its subscribers or in any of its policies to be issued, unless it qualified to and does extinguish such liability of all its subscribers and in all such policies for all kinds of insurance transacted by it. Except, that if required by the laws of another state in which the insurer is transacting insurance as an authorized insurer, the insurer may issue policies providing for the contingent liability of such of its subscribers as may acquire such policies in such state, and need not extinguish the contingent liability applicable to policies theretofore in force in such state.
[PL 1973, c. 585, §12 (AMD).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). RR 2021, c. 1, Pt. B, §320 (COR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 53: RECIPROCAL INSURERS › 24-A §3874. Subscribers' share in assets

§3874. Subscribers' share in assets
Upon the liquidation of a domestic reciprocal insurer, its assets remaining after discharge of its indebtedness and policy obligations, the return of any contributions of the attorney or other persons to its surplus, and the return of any unused premium, savings or credits then standing on subscribers' accounts, shall be distributed to its subscribers who were such within the 12 months prior to the last termination of its certificate of authority, according to such reasonable formula as the superintendent may approve.   [PL 1973, c. 585, §12 (AMD).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 53: RECIPROCAL INSURERS › 24-A §3875. Merger or conversion

§3875. Merger or conversion
1.
A domestic reciprocal insurer upon affirmative vote of not less than 2/3 of its subscribers who vote on such merger pursuant to due notice and the approval of the superintendent of the terms therefor, may merge with another reciprocal insurer or be converted to a stock or mutual insurer.
[PL 1973, c. 585, §12 (AMD).]
2.
Such a stock or mutual insurer shall be subject to the same capital or surplus requirements and shall have the same rights as a like domestic insurer transacting like kinds of insurance.
[PL 1969, c. 132, §1 (NEW).]
3.
The superintendent may not approve any plan for such merger or conversion that is inequitable to subscribers, or that, if for conversion to a stock insurer, does not give each subscriber preferential right to acquire stock of the proposed insurer proportionate to the subscriber's interest in the reciprocal insurer as determined in accordance with section 3874 and a reasonable length of time within which to exercise such right.
[RR 2021, c. 1, Pt. B, §321 (COR).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). RR 2021, c. 1, Pt. B, §321 (COR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 53: RECIPROCAL INSURERS › 24-A §3876. Impaired reciprocals

§3876. Impaired reciprocals
1.
If the assets of a domestic reciprocal insurer are at any time insufficient to discharge its liabilities, other than any liability on account of funds contributed by the attorney or others, and to maintain the required surplus, its attorney shall forthwith make up the deficiency or levy an assessment upon the subscribers for the amount needed to make up the deficiency; but subject to the limitation set forth in the power of attorney or policy.
[PL 1969, c. 132, §1 (NEW).]
2.
If the attorney fails to make up such deficiency or to make the assessment within 30 days after the superintendent orders the attorney to do so or if the deficiency is not fully made up within 60 days after the date the assessment was made, the insurer must be deemed insolvent and must be proceeded against as authorized by this Title.
[RR 2021, c. 1, Pt. B, §322 (COR).]
3.
If liquidation of such an insurer is ordered, an assessment shall be levied upon the subscribers for such an amount, subject to limits as provided by this chapter, as the superintendent determines to be necessary to discharge all liabilities of the insurer, exclusive of any funds contributed by the attorney or other persons, but including the reasonable cost of the liquidation.
[PL 1973, c. 585, §12 (AMD).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). RR 2021, c. 1, Pt. B, §322 (COR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 54: MAINE INDIVIDUAL REINSURANCE ASSOCIATION › 24-A §3901. Short title (REPEALED)

§3901. Short title
(REPEALED)
SECTION HISTORY
PL 2007, c. 629, Pt. A, §8 (NEW). PL 2011, c. 90, Pt. B, §7 (RP). PL 2011, c. 90, Pt. B, §10 (AFF).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 54: MAINE INDIVIDUAL REINSURANCE ASSOCIATION › 24-A §3902. Definitions (REPEALED)

§3902. Definitions
(REPEALED)
SECTION HISTORY
PL 2007, c. 629, Pt. A, §8 (NEW). PL 2011, c. 90, Pt. B, §7 (RP). PL 2011, c. 90, Pt. B, §10 (AFF).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 54: MAINE INDIVIDUAL REINSURANCE ASSOCIATION › 24-A §3903. Maine Individual Reinsurance Association (REPEALED)

§3903. Maine Individual Reinsurance Association
(REPEALED)
SECTION HISTORY
PL 2007, c. 629, Pt. A, §8 (NEW). PL 2011, c. 90, Pt. B, §7 (RP). PL 2011, c. 90, Pt. B, §10 (AFF).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 54: MAINE INDIVIDUAL REINSURANCE ASSOCIATION › 24-A §3904. Liability and indemnification (REPEALED)

§3904. Liability and indemnification
(REPEALED)
SECTION HISTORY
PL 2007, c. 629, Pt. A, §8 (NEW). PL 2011, c. 90, Pt. B, §7 (RP). PL 2011, c. 90, Pt. B, §10 (AFF).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 54: MAINE INDIVIDUAL REINSURANCE ASSOCIATION › 24-A §3905. Duties and powers of the association (REPEALED)

§3905. Duties and powers of the association
(REPEALED)
SECTION HISTORY
PL 2007, c. 629, Pt. A, §8 (NEW). PL 2011, c. 90, Pt. B, §7 (RP). PL 2011, c. 90, Pt. B, §10 (AFF).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 54: MAINE INDIVIDUAL REINSURANCE ASSOCIATION › 24-A §3906. Selection of plan administrator (REPEALED)

§3906. Selection of plan administrator
(REPEALED)
SECTION HISTORY
PL 2007, c. 629, Pt. A, §8 (NEW). PL 2011, c. 90, Pt. B, §7 (RP). PL 2011, c. 90, Pt. B, §10 (AFF).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 54: MAINE INDIVIDUAL REINSURANCE ASSOCIATION › 24-A §3907. Reinsurance Association Reserve (REPEALED)

§3907. Reinsurance Association Reserve
(REPEALED)
SECTION HISTORY
PL 2007, c. 629, Pt. A, §8 (NEW). PL 2011, c. 90, Pt. B, §7 (RP). PL 2011, c. 90, Pt. B, §10 (AFF).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 54: MAINE INDIVIDUAL REINSURANCE ASSOCIATION › 24-A §3908. Reinsurance (REPEALED)

§3908. Reinsurance
(REPEALED)
SECTION HISTORY
PL 2007, c. 629, Pt. A, §8 (NEW). PL 2011, c. 90, Pt. B, §7 (RP). PL 2011, c. 90, Pt. B, §10 (AFF).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 54: MAINE INDIVIDUAL REINSURANCE ASSOCIATION › 24-A §3909. Actions against association or members based upon joint or collective actions (REPEALED)

§3909. Actions against association or members based upon joint or collective actions
(REPEALED)
SECTION HISTORY
PL 2007, c. 629, Pt. A, §8 (NEW). PL 2011, c. 90, Pt. B, §7 (RP). PL 2011, c. 90, Pt. B, §10 (AFF).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 54-A: MAINE GUARANTEED ACCESS REINSURANCE ASSOCIATION ACT › 24-A §3951. Short title

§3951. Short title
This chapter may be known and cited as "the Maine Guaranteed Access Reinsurance Association Act."   [PL 2011, c. 90, Pt. B, §8 (NEW).]
SECTION HISTORY
PL 2011, c. 90, Pt. B, §8 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 54-A: MAINE GUARANTEED ACCESS REINSURANCE ASSOCIATION ACT › 24-A §3954. Liability and indemnification

§3954. Liability and indemnification
1.  Liability.
The board and its employees may not be held liable for any obligations of the association. A cause of action may not arise against the association; the board, its agents or its employees; a member insurer or its agents, employees or producers; or the superintendent for any action or omission in the performance of powers and duties pursuant to this chapter.
[PL 2011, c. 90, Pt. B, §8 (NEW).]
2.  Indemnification.
The board may provide in its bylaws or rules for indemnification of, and legal representation for, its members and employees.
[PL 2011, c. 90, Pt. B, §8 (NEW).]
SECTION HISTORY
PL 2011, c. 90, Pt. B, §8 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 54-A: MAINE GUARANTEED ACCESS REINSURANCE ASSOCIATION ACT › 24-A §3956. Selection of administrator

§3956. Selection of administrator
1.  Selection of administrator.
The board shall select an insurer or 3rd-party administrator through a competitive bidding process to administer the reinsurance provided by the association.
[PL 2011, c. 90, Pt. B, §8 (NEW).]
2.  Contract with administrator.
The administrator selected pursuant to subsection 1 serves for a period of 3 years pursuant to a contract with the association. At least one year prior to the expiration of that 3-year period of service, the board shall invite all insurers, including the current administrator, to submit bids to serve as the administrator for the succeeding 3-year period. The board shall select the administrator for the succeeding period at least 6 months prior to the ending of the 3-year period.
[PL 2011, c. 90, Pt. B, §8 (NEW).]
3.  Duties of administrator.
The administrator selected pursuant to subsection 1 shall:
A. Perform all administrative functions relating to the association;   [PL 2011, c. 90, Pt. B, §8 (NEW).]
B. Submit regular reports to the board regarding the operation of the association. The frequency, content and form of the reports must be as determined by the board;   [PL 2011, c. 90, Pt. B, §8 (NEW).]
C. Following the close of each calendar year in which premiums are collected for reinsurance, determine reinsurance premiums less any administrative expense allowance, the expense of administration pertaining to the reinsurance operations of the association and the incurred losses of the year, and report this information to the superintendent; and   [PL 2019, c. 653, Pt. B, §16 (AMD).]
D. Pay reinsurance amounts as provided for in the plan of operation under section 3953, subsection 3.   [PL 2011, c. 90, Pt. B, §8 (NEW).]
[PL 2019, c. 653, Pt. B, §16 (AMD).]
4.  Payment to administrator.
The administrator selected pursuant to subsection 1 must be paid, as provided in the contract of the association under subsection 2, for its direct and indirect expenses incurred in the performance of its services. As used in this subsection, "direct and indirect expenses" includes that portion of the audited administrative costs, printing expenses, claims administration expenses, management expenses, building overhead expenses and other actual operating and administrative expenses of the administrator that are approved by the board as allocable to the administration of the association and included in the bid specifications pursuant to subsection 1.
[PL 2011, c. 90, Pt. B, §8 (NEW).]
SECTION HISTORY
PL 2011, c. 90, Pt. B, §8 (NEW). PL 2019, c. 653, Pt. B, §16 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 54-A: MAINE GUARANTEED ACCESS REINSURANCE ASSOCIATION ACT › 24-A §3959. Designation for reinsurance

§3959. Designation for reinsurance
1.  Designation.
The association shall provide reinsurance to a member insurer for a person designated for reinsurance by a member insurer, if the designation was made:
A. By using the person's claims history or risk scores or any other reasonable means;   [PL 2019, c. 653, Pt. B, §19 (AMD).]
B. As a mandatory designation pursuant to subsection 2 on the basis of the existence or history of any medical or health condition on the list developed by the board pursuant to subsection 2; or   [PL 2011, c. 621, §6 (NEW).]
C. On the basis of an omission of material information from the health statement developed by the board pursuant to section 3955, subsection 1, paragraph E or misrepresentation of the person's health status on the health statement.   [PL 2011, c. 621, §6 (NEW).]
[PL 2019, c. 653, Pt. B, §19 (AMD).]
2.  Mandatory designation.
The board shall develop a list of medical or health conditions for which a person must be designated for reinsurance by a member insurer. If a person's health statement, claims history or risk scores demonstrate the existence or history of any medical or health conditions on the list developed by the board at the time the plan is issued or when the person is added to the plan, the member insurer shall designate the person for reinsurance. The board may amend the list from time to time as appropriate.
[PL 2011, c. 621, §6 (AMD).]
3.  Enrolling additional persons.
A member insurer may designate a person for reinsurance pursuant to this section when the person is added to an individual health plan.
[PL 2011, c. 621, §6 (NEW).]
4.  Designation effective date and premium.
The designation of a person for reinsurance is effective as of the effective date of the primary coverage provided by the member insurer, except that the earliest effective date for any reinsurance is July 1, 2012. A member insurer's premium for reinsurance begins to accrue as of the effective date of the designation.
[PL 2011, c. 621, §6 (NEW).]
5.  Inapplicability.
This section does not apply to reinsurance with respect to any calendar year for which the association operates a retrospective reinsurance program under section 3958, subsection 1, paragraph A‑1.
[PL 2019, c. 653, Pt. B, §20 (NEW).]
SECTION HISTORY
PL 2011, c. 90, Pt. B, §8 (NEW). PL 2011, c. 621, §6 (AMD). PL 2019, c. 653, Pt. B, §§19, 20 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 54-A: MAINE GUARANTEED ACCESS REINSURANCE ASSOCIATION ACT › 24-A §3960. Actions against association or insurers based upon joint or collective actions

§3960. Actions against association or insurers based upon joint or collective actions
Participation in the association, the establishment of reinsurance rates, forms or procedures or any other joint or collective action required by this chapter may not be the basis of any legal action or criminal or civil liability or penalty against the association or an insurer.   [PL 2011, c. 90, Pt. B, §8 (NEW).]
SECTION HISTORY
PL 2011, c. 90, Pt. B, §8 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 54-A: MAINE GUARANTEED ACCESS REINSURANCE ASSOCIATION ACT › 24-A §3961. Reimbursement of member insurer (REPEALED)

§3961. Reimbursement of member insurer
(REPEALED)
SECTION HISTORY
PL 2011, c. 90, Pt. B, §8 (NEW). PL 2011, c. 621, §§7, 8 (AMD). PL 2019, c. 653, Pt. B, §21 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 54-A: MAINE GUARANTEED ACCESS REINSURANCE ASSOCIATION ACT › 24-A §3962. Activities authorized during suspension period (REPEALED)

§3962. Activities authorized during suspension period
(REPEALED)
SECTION HISTORY
PL 2013, c. 273, §4 (NEW). PL 2015, c. 404, §§2, 3 (AMD). PL 2019, c. 653, Pt. B, §22 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 54-A: MAINE GUARANTEED ACCESS REINSURANCE ASSOCIATION ACT › 24-A §3963. State-federal health coverage partnerships involving the association

§3963. State-federal health coverage partnerships involving the association
1.  Consultation with board.
The superintendent shall consult with the board before developing any proposal to apply for a state-federal health coverage partnership as defined in section 2781, subsection 1 or to modify the terms of an existing state-federal health coverage partnership involving federal funding for the association or otherwise significantly affecting the operations of the association. The superintendent shall give prompt notice to the board if the superintendent becomes aware of a new federal program or material changes to an existing program with the potential for a significant effect on the operations of the association.
[PL 2019, c. 653, Pt. B, §23 (NEW).]
SECTION HISTORY
PL 2019, c. 653, Pt. B, §23 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 55: FRATERNAL BENEFIT SOCIETIES › 24-A §4101. Fraternal benefit societies defined

§4101. Fraternal benefit societies defined
1.
Any incorporated society, order or supreme lodge, without capital stock, including one exempted under section 4142, 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 which makes provision for the payment of benefits in accordance with this chapter, is hereby declared to be a fraternal benefit society.
[PL 1969, c. 132, §1 (NEW).]
2.
When used in this chapter the word "society," unless otherwise indicated, shall mean fraternal benefit society.
[PL 1969, c. 132, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 55: FRATERNAL BENEFIT SOCIETIES › 24-A §4102. Lodge system defined

§4102. Lodge system defined
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 shall be 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.   [PL 1969, c. 132, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 55: FRATERNAL BENEFIT SOCIETIES › 24-A §4103. Representative form of government defined

§4103. Representative form of government defined
A society shall be deemed to have a representative form of government when:   [PL 1969, c. 132, §1 (NEW).]
1.
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;
[PL 1969, c. 132, §1 (NEW).]
2.
The representatives elected constitute a majority in number and have not less than 2/3 of the votes nor less than the votes required to amend its constitution and laws;
[PL 1969, c. 132, §1 (NEW).]
3.
The meetings of the supreme legislative or governing body and the election of officers, representatives or delegates are held as often as once in 4 calendar years;
[PL 1969, c. 132, §1 (NEW).]
4.
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;
[PL 1969, c. 132, §1 (NEW).]
5.
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;
[PL 1969, c. 132, §1 (NEW).]
6.
The officers are elected either by the supreme legislative governing body or by the board of directors; and
[PL 1969, c. 132, §1 (NEW).]
7.
The members, officers, representatives or delegates shall not vote by proxy.
[PL 1969, c. 132, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 55: FRATERNAL BENEFIT SOCIETIES › 24-A §4105. Corporate powers retained

§4105. Corporate powers retained
Any incorporated society authorized to transact business in this State at the time this chapter becomes effective may thereafter exercise all the rights, powers and privileges prescribed in this chapter and in its charter or articles of incorporation as far as consistent with this chapter. A domestic society shall not be required to reincorporate.   [PL 1969, c. 132, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 55: FRATERNAL BENEFIT SOCIETIES › 24-A §4106. Voluntary associations

§4106. Voluntary associations
No unincorporated or voluntary association shall be permitted to transact business in this State as a fraternal benefit society.   [PL 1969, c. 132, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 55: FRATERNAL BENEFIT SOCIETIES › 24-A §4107. Location of office -- place of meeting

§4107. Location of office -- place of meeting
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 5 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.   [PL 1969, c. 132, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 55: FRATERNAL BENEFIT SOCIETIES › 24-A §4109. Conversion of fraternal benefit society into mutual life insurance company

§4109. Conversion of fraternal benefit society into mutual life insurance company
Any domestic fraternal benefit society may be converted and licensed as a mutual life insurance company by compliance with all the requirements of section 3352 if such plan of conversion has been approved by the superintendent. Such plan must be prepared in writing setting forth in full the terms and conditions thereof. The board of directors shall submit such plan to the supreme legislative or governing body of such society at any regular or special meeting thereof by giving a full, true and complete copy of such plan with the notice of such meeting. Such notice must be given as provided in the laws of the society for the convocation of a regular or special meeting of such body, as the case may be. The affirmative vote of 2/3 of all members of such body is necessary for the approval of such agreement. Any such conversion does not take effect unless and until approved by the superintendent who may give such approval if the superintendent finds that the proposed change is in conformity with the requirements of law and not prejudicial to the certificate holders of the society.   [RR 2021, c. 1, Pt. B, §326 (COR).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). RR 2021, c. 1, Pt. B, §326 (COR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 55: FRATERNAL BENEFIT SOCIETIES › 24-A §4110. Qualifications for membership

§4110. Qualifications for membership
A society may admit to benefit membership any person not less than 15 years of age, nearest birthday, who has furnished evidence of insurability acceptable to the society. Any such member who shall apply for additional benefits more than 6 months after becoming a benefit member shall furnish additional evidence of insurability acceptable to the society unless such additional benefits are issued pursuant to an existing contract under the terms of which such member is entitled to purchase such additional benefits without furnishing evidence of insurability.   [PL 1969, c. 132, §1 (NEW).]
Any person admitted prior to attaining the full age of 18 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.   [PL 1971, c. 598, §51 (AMD).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1969, c. 433, §63 (AMD). PL 1971, c. 598, §51 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 55: FRATERNAL BENEFIT SOCIETIES › 24-A §4111. Articles of incorporation, constitution and laws -- amendments

§4111. Articles of incorporation, constitution and laws -- amendments
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 6 months from the date of submission thereof, a majority of all the voting members of the society shall have signified their consent to such amendment by one of the methods herein specified.   [PL 1969, c. 132, §1 (NEW).]
An amendment to the articles of incorporation, constitution or laws of any domestic society does not take effect unless approved by the superintendent, who shall approve such amendment if the superintendent 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 superintendent disapproves any such amendment within 60 days after the filing of same, such amendment must be considered approved. The approval or disapproval of the superintendent must be in writing and mailed to the secretary or corresponding officer of the society at its principal office. In case the superintendent disapproves such amendment, the reasons therefor must be stated in such written notice.   [RR 2021, c. 1, Pt. B, §327 (COR).]
Within 90 days from the approval thereof by the superintendent, 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 same have been duly addressed and mailed, shall be prima facie evidence that such amendments or synopsis thereof have been furnished the addressee.   [PL 1973, c. 585, §12 (AMD).]
Every foreign or alien society authorized to do business in this State shall file with the superintendent a duly certified copy of all amendments of, or additions to, its articles of incorporation, constitution or laws within 90 days after the enactment of same.   [PL 1973, c. 585, §12 (AMD).]
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.   [PL 1969, c. 132, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). RR 2021, c. 1, Pt. B, §327 (COR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 55: FRATERNAL BENEFIT SOCIETIES › 24-A §4112. Institutions

§4112. Institutions
It shall be lawful for a society to 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. Such property shall be reported in every annual statement but shall not be allowed as an admitted asset of such society.   [PL 1969, c. 132, §1 (NEW).]
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. No society shall own or operate funeral homes or undertaking establishments.   [PL 1969, c. 132, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 55: FRATERNAL BENEFIT SOCIETIES › 24-A §4113. No personal liability

§4113. No personal liability
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.   [PL 1969, c. 132, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 55: FRATERNAL BENEFIT SOCIETIES › 24-A §4114. Benefits

§4114. Benefits
1.
A society authorized to do business in this State may provide for the payment of:
A. Death benefits in any form;   [PL 1969, c. 132, §1 (NEW).]
B. Endowment benefits;   [PL 1969, c. 132, §1 (NEW).]
C. Annuity benefits;   [PL 1969, c. 132, §1 (NEW).]
D. Temporary or permanent disability benefits as a result of disease or accident;   [PL 1969, c. 132, §1 (NEW).]
E. Hospital, medical or nursing benefits due to sickness or bodily infirmity or accident; and   [PL 1969, c. 132, §1 (NEW).]
F. Monument or tombstone benefits to the memory of deceased members not exceeding in any case the sum of $300.   [PL 1969, c. 132, §1 (NEW).]
[PL 1969, c. 132, §1 (NEW).]
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.
[PL 1969, c. 132, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 55: FRATERNAL BENEFIT SOCIETIES › 24-A §4115. Benefits on lives of children

§4115. Benefits on lives of children
A society may provide for benefits on the lives of children under the minimum age for adult membership but not greater than 18 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 section 4114, subsection 1. 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.   [PL 1971, c. 598, §52 (AMD).]
A society shall have power to provide for the designation and changing of designation of beneficiaries in the certificates providing for such benefits and to 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.   [PL 1969, c. 132, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1969, c. 433, §64 (AMD). PL 1971, c. 598, §52 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 55: FRATERNAL BENEFIT SOCIETIES › 24-A §4116. Nonforfeiture benefits, cash surrender values, certificate loans and other options

§4116. Nonforfeiture benefits, cash surrender values, certificate loans and other options
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, 1970 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 15 years or less expiring before age 66.   [PL 1973, c. 625, §153 (AMD).]
In the case of certificates other than those for which reserves are computed on the Commissioners 1941 Standard Ordinary Mortality Table, the Commissioners 1941 Standard Industrial Table, the Commissioners 1958 Standard Ordinary Mortality Table, or such later tables as authorized for use by domestic life insurers, the value of every paid-up nonforfeiture benefit and the amount of any cash surrender value, loan or other option granted shall not be less than the excess, if any, of 1 over 2 as follows:   [PL 1987, c. 606, §1 (AMD).]
1.
The reserve under the certificate determined on the basis specified in the certificate; and
[PL 1969, c. 132, §1 (NEW).]
2.
The sum of any indebtedness to the society on the certificate, including interest due and accrued, and a surrender charge equal to 2 1/2% of the face amount of the certificate, which, in the case of insurance on the lives of children, shall be the ultimate face amount of the certificate, if death benefits provided therein are graded.
[PL 1969, c. 132, §1 (NEW).]
However, in the case of certificates issued on a substandard basis or in the case of certificates, the reserves for which are computed upon the American Men Ultimate Table of Mortality, the term of any extended insurance benefit granted including accompanying pure endowment, if any, may be computed upon the rates of mortality not greater than 130% of those shown by the mortality table specified in the certificate for the computation of the reserve.   [PL 1969, c. 132, §1 (NEW).]
In the case of certificates for which reserves are computed on the Commissioners 1941 Standard Ordinary Mortality Table, the Commissioners 1941 Standard Industrial Table, the Commissioners 1958 Standard Ordinary Mortality Table, or such later tables as authorized for use by domestic life insurers, every paid-up nonforfeiture benefit and the amount of any cash surrender value, loan or other option granted shall not be less than the corresponding amount ascertained in accordance with the provisions of the laws of this State applicable to life insurers issuing policies containing like insurance benefits based upon such tables.   [PL 1987, c. 606, §1 (AMD).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 625, §153 (AMD). PL 1987, c. 606, §1 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 55: FRATERNAL BENEFIT SOCIETIES › 24-A §4117. Beneficiaries

§4117. Beneficiaries
The member shall have the right at all times to change the beneficiary or beneficiaries in accordance with the constitution, laws or rules of the society. Every society by its constitution, laws or rules may limit the scope of beneficiaries and shall provide that no beneficiary shall have or obtain any vested interest in the proceeds of any certificate until the certificate has become due and payable in conformity with the provisions of the insurance contract.   [PL 1969, c. 132, §1 (NEW).]
A society may make provision for the payment of funeral benefits to the extent of such portion of any payment under a certificate as might reasonably appear to be due to any person equitably entitled thereto by reason of having incurred expense occasioned by the burial of the member, provided the portion so paid shall not exceed the sum of $500.   [PL 1969, c. 132, §1 (NEW).]
If, at the death of any member, there is no lawful beneficiary to whom the insurance benefits shall be payable, the amount of such benefits, except to the extent that funeral benefits may be paid as hereinbefore provided, shall be payable to the personal representative of the deceased member.   [PL 1969, c. 132, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 55: FRATERNAL BENEFIT SOCIETIES › 24-A §4118. Benefits not attachable

§4118. Benefits not attachable
No money or other benefit, charity, relief or aid to be paid, provided or rendered by any society, shall be liable to attachment, garnishment or other process, or to be seized, taken, appropriated or applied by any legal or equitable process or operation of law to pay any debt or liability of a member or beneficiary, or any other person who may have a right thereunder, either before or after payment by the society.   [PL 1969, c. 132, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 55: FRATERNAL BENEFIT SOCIETIES › 24-A §4119. The contract

§4119. The contract
Every society authorized to do business in this State shall issue to each benefit member a certificate specifying the amount of benefits provided thereby. The certificate, together with any riders or endorsements attached thereto, the charter or articles of incorporation, the constitution and laws of the society, the application for membership, and declaration of insurability, if any, signed by the applicant, and all amendments to each thereof, shall constitute the agreement, as of the date of issuance, between the society and the member, and the certificate shall so state. A copy of the application for membership and of the declaration of insurability, if any, shall be endorsed upon or attached to the certificate.   [PL 1969, c. 132, §1 (NEW).]
All statements purporting to be made by the member shall be representations and not warranties. Any waiver of this provision shall be void.   [PL 1969, c. 132, §1 (NEW).]
Any changes, additions or amendments to the charter or articles of incorporation, constitution or laws duly made or enacted subsequent to the issuance of the certificate, shall bind the member and the beneficiaries, and shall govern and control the agreement in all respects the same as though such changes, additions or amendments had been made prior to and were in force at the time of the application for membership, except that no change, addition or amendment shall destroy or diminish benefits which the society contracted to give the member as of the date of issuance.   [PL 1969, c. 132, §1 (NEW).]
Copies of any of the documents mentioned in this section, certified by the secretary or corresponding officer of the society, shall be received in evidence of the terms and conditions thereof.   [PL 1969, c. 132, §1 (NEW).]
A society shall provide in its constitution or laws that if its reserves as to all or any class of certificates become impaired its board of directors or corresponding body may require that there shall be paid by the member to the society the amount of the member's equitable proportion of such deficiency as ascertained by its board, and that if the payment be not made it shall stand as an indebtedness against the certificate and draw interest not to exceed 5% per annum compounded annually.   [PL 1969, c. 132, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 55: FRATERNAL BENEFIT SOCIETIES › 24-A §4121. Accident and health insurance and total and permanent disability insurance certificates

§4121. Accident and health insurance and total and permanent disability insurance certificates
A society may not issue or deliver in this State any certificate or other evidence of any contract or accident insurance or health insurance or of any total and permanent disability insurance contract unless and until the form thereof, together with the form of application and all riders or endorsements for use in connection therewith, has been filed with the superintendent and approved by the superintendent as conforming to reasonable rules from time to time made by the superintendent and as not inconsistent with any other provisions of law applicable thereto. For each such form filing, the society shall pay the superintendent a fee that must be the same as for an insurer, as provided in section 601. The superintendent shall, within a reasonable time after the filing of any such form, notify the society filing the form either of the superintendent's approval or of the superintendent's disapproval of that form. The superintendent may approve any such form that in the superintendent's opinion contains provisions on any one or more of the several requirements made by the superintendent that are more favorable to the members than the one or ones so required. The superintendent may make, alter and supersede reasonable regulations prescribing the required, optional and prohibited provisions in such contracts, and such regulations must conform, as far as practicable, to chapter 33. When the superintendent considers inapplicable, either in part or in their entirety, the provisions of the foregoing sections, the superintendent may prescribe the portions or summary thereof of the contract to be printed on the certificate issued to the member. Any filing made under this section is deemed approved unless disapproved within 60 days from the date of such filing. The procedures governing all rules promulgated under authority of this section must conform to Title 5, chapter 375, subchapter 2.   [RR 2021, c. 1, Pt. B, §329 (COR).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). PL 1977, c. 694, §430 (AMD). PL 1983, c. 419, §12 (AMD). RR 2021, c. 1, Pt. B, §329 (COR).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 55: FRATERNAL BENEFIT SOCIETIES › 24-A §4121-A. Acquired Immune Deficiency Syndrome

§4121-A. Acquired Immune Deficiency Syndrome
No certificate providing health insurance benefits delivered or issued for delivery in this State, other than a certificate providing benefits for specific diseases or accidental injuries only, may provide more restrictive coverage for Acquired Immune Deficiency Syndrome (AIDS), AIDS Related Complex or HIV related diseases than for any other disease or sickness or exclude coverage for Acquired Immune Deficiency Syndrome (AIDS), AIDS Related Complex (ARC) or HIV related diseases except through an exclusion under which all sicknesses and diseases are treated the same.   [PL 1989, c. 176, §8 (NEW).]
SECTION HISTORY
PL 1989, c. 176, §8 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 55: FRATERNAL BENEFIT SOCIETIES › 24-A §4122. Waiver

§4122. Waiver
The constitution and laws of the society may provide that no subordinate body nor 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 provisions shall be binding on the society and every member and beneficiary of a member.   [PL 1969, c. 132, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW).