reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 29 - FRATERNAL SOCIETIES (§§ 83-29-1 — 83-29-75) › Section 83-29-15 - Funds

(1)
Any society may create, maintain, invest, disburse, and apply an emergency, surplus, or other fund consistent with the purposes for which such society is organized, including hospital and health, home, thrift, pension for its employees, patriotic, educational, and relief funds, in accordance with its laws. Unless otherwise provided in the contract, such funds 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 subsection (2) of Section
83-29-9
. The funds from which benefits shall be paid and the funds from which the expenses of the society shall be defrayed shall be derived from periodical or other payments by the members of the society and accretions of said funds. All societies hereafter incorporated or foreign societies hereafter admitted shall be one hundred percent (100%) solvent according to the valuation requirements of Section
83-29-43
.
(2)
Deferred payments of installments of claims shall be considered as fixed liabilities on the happening of the contingency upon which such payments or installments are thereafter to be paid. Such liability shall be the present value of such future payments or installments upon the rate of interest and mortality assumed by the society for valuations, and every society shall maintain a fund sufficient to meet such liability regardless of proposed future collections to meet any such liabilities.
Codes, 1930, § 5238; 1942, § 5752.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 29 - FRATERNAL SOCIETIES (§§ 83-29-1 — 83-29-75) › Section 83-29-17 - Investments

Every society shall invest its funds only in securities permitted by the laws of this state for the investment of the assets of life insurance companies, and such securities shall be valued according to the methods used in valuing similar securities held by life insurance companies. Any foreign society permitted or seeking to do business in this state, which invests its funds in accordance with the laws of the state in which it is incorporated, shall be held to meet the requirements of this chapter for the investment of funds.
Codes, 1930, § 5239; 1942, § 5753.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 29 - FRATERNAL SOCIETIES (§§ 83-29-1 — 83-29-75) › Section 83-29-19 - Distribution of funds

(1)
Every society which is one hundred percent (100%) solvent according to the requirements of Section
83-29-43
in respect of the whole society, or of a class or section thereof, shall collect sufficient periodical or other contributions from the members of the society, or of such class or section thereof, which, with interest accretions, are sufficient to pay the claims arising from the certificates of the whole society, or of such class or section thereof, and its expenses, and to maintain a fund sufficient to meet its accrued liabilities and the reserves required to maintain the said percentage of solvency in accordance with the said Section
83-29-43
or, in lieu thereof, shall comply with subsection (2) of this section.
(2)
Every other society, or other class or section thereof, shall collect from the members of such society, or other class or section thereof, stated periodical or other contributions expressly collected for the mortuary or disability funds, and periodical or other contributions expressly collected for the expense or management fund, both of which may be included in the periodical contribution. No part of the money collected for the mortuary or disability funds, or of the funds, or of the interest accretions thereto shall be used for expense purposes.
Codes, 1930, § 5240; 1942, § 5754.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 29 - FRATERNAL SOCIETIES (§§ 83-29-1 — 83-29-75) › Section 83-29-23 - Powers retained

Any society now engaged in transacting business in this state may exercise all of the rights conferred hereby and all of the rights, powers, and privileges now exercised or possessed by it under its charter or articles of incorporation not inconsistent with this chapter, if incorporated. Any such domestic society may, upon filing notice thereof with the commissioner of insurance, be deemed from and after the date of filing such notice to be fully organized under the provisions of this chapter or, if it be a voluntary association, it may incorporate hereunder. No society already organized shall be required to reincorporate hereunder, and any such society may amend its articles of incorporation from time to time in the manner provided therein or in its constitution and laws. All such amendments shall be filed with the commissioner of insurance and shall become operative upon such filing, unless a later time be provided in such amendments or in its articles of incorporation, constitution, or laws.
Codes, 1930, § 5242; 1942, § 5756.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 29 - FRATERNAL SOCIETIES (§§ 83-29-1 — 83-29-75) › Section 83-29-25 - Mergers and transfers

No domestic society shall merge with or accept the transfer of the membership or funds of any other society unless such merger or transfer is evidenced by a contract in writing, setting out in full the terms and conditions of such merger or transfer and filed with the commissioner of insurance of this state, together with a sworn statement of the financial condition of each of said societies by its president and secretary, or corresponding officers, and a certificate of such officers, duly verified under oath of said officers of each of the contracting societies, that such merger or transfer has been approved by a majority of the votes cast by the members of the supreme legislative or governing body of each of the said societies.
Upon the submission of said contract, financial statements, and certificates, the commissioner of insurance shall examine the same and, if he shall find such financial statements to be correct and the said contract to be in conformity with the provisions of this section and that such merger or transfer is just and equitable to the members of each of said societies, he shall approve said merger or transfer, issue his certificate to that effect, and thereupon the said contract of merger or transfer shall be of full force and effect.
Codes, 1930, § 5243; 1942, § 5757.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 29 - FRATERNAL SOCIETIES (§§ 83-29-1 — 83-29-75) › Section 83-29-27 - Annual license

Societies which are now authorized to transact business in this state may continue such business until the first day of January next succeeding the adoption of this chapter, and the authority of such societies may hereafter be renewed annually, but in all cases to terminate on the first day of the succeeding January; provided, however, the license shall continue in full force and effect until the new license is issued or specifically refused. For each such license or renewal the society shall pay the Commissioner of Insurance the fees prescribed in Sections
27-15-83
and
83-5-75
.
Codes, 1930, § 5244; 1942, § 5758; Laws, 1978, ch. 441, § 3; Laws, 2002, ch. 327, § 1, eff. 7/1/2002.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 29 - FRATERNAL SOCIETIES (§§ 83-29-1 — 83-29-75) › Section 83-29-31 - Power of attorney and service of process

Every society, whether domestic or foreign, now transacting business in this state and every such society hereafter applying for admission shall, before being licensed, appoint in writing the Commissioner of Insurance and his successors in office to be its true and lawful attorney on whom all legal process in any action or proceeding against it shall be served, and in such writing shall agree that any lawful process against it which is served upon such attorney shall be of the same legal force and validity as if served upon the society, and that the authority shall continue in force so long as any liability remains outstanding in this state.
Copies of such appointment, certified by the Commissioner of Insurance, shall be deemed sufficient evidence thereof and shall be admitted in evidence with the same force and effect as the original thereof might be admitted. Service shall only be made upon such attorney, shall be made in duplicate upon the Commissioner of Insurance or, in his absence, upon the person in charge of his office, and shall be deemed sufficient service upon such society. No such service shall be valid or binding against any such society when it is required thereunder to file its answer, pleading, or defense in less than thirty (30) days from the date of mailing the copy of the service to the society. When legal process against any such society is served upon the Commissioner of Insurance, he shall forthwith forward by certified mail one of the duplicate copies prepaid and directed to the secretary or corresponding officer. Legal process shall not be served upon any such society except in the manner provided herein.
Codes, 1930, § 5246; 1942, § 5760; Laws, 2001, ch. 433, § 4, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 29 - FRATERNAL SOCIETIES (§§ 83-29-1 — 83-29-75) › Section 83-29-33 - Place of meeting

Any domestic society may provide that the meetings of its legislative or governing body may be held in any state, district, province, or territory wherein such society has 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; but its principal office shall be located in this state.
Codes, 1930, § 5247; 1942, § 5761.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 29 - FRATERNAL SOCIETIES (§§ 83-29-1 — 83-29-75) › Section 83-29-35 - No personal liability

Officers and members of the supreme, grand, or any subordinate body of any such incorporated society shall not be individually liable for the payment of any disability or death benefit provided in the laws and agreements of such society; but the same shall be payable only out of the funds of such society and in the manner provided by its laws.
Codes, 1930, § 5248; 1942, § 5762.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 29 - FRATERNAL SOCIETIES (§§ 83-29-1 — 83-29-75) › Section 83-29-37 - Waiver of the provisions of the laws

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, and the same shall be binding on the society and each and every member thereof and on all beneficiaries of members. No custom or course of conduct in violation of any of the provisions of the laws and constitution of the society shall be held to constitute waiver or estoppel on the part of the society.
Codes, 1930, § 5249; 1942, § 5763.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 29 - FRATERNAL SOCIETIES (§§ 83-29-1 — 83-29-75) › Section 83-29-39 - Benefit not attachable

No money or other benefit, charity, relief, or aid to be paid, provided, or rendered by any such society shall be liable to attachment, garnishment, or other process, or 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.
Codes, 1930, § 5250; 1942, § 5764.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 29 - FRATERNAL SOCIETIES (§§ 83-29-1 — 83-29-75) › Section 83-29-41 - Constitution and laws

Every society transacting business under this chapter shall file with the commissioner of insurance a duly certified copy of all amendments of or additions to its constitution and laws within ninety days (90) after the enactment of the same. Printed copies of the constitution and laws as amended, changed, or added to, certified by the secretary or corresponding officer of the society, shall be prima facie evidence of the legal adoption thereof.
Codes, 1930, § 5251; 1942, § 5765.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 29 - FRATERNAL SOCIETIES (§§ 83-29-1 — 83-29-75) › Section 83-29-45 - Examination of domestic societies

The Commissioner of Insurance, or any person or persons he may appoint, shall have the power of visitation and examination into the affairs of any domestic society. They shall have free access to all the books, papers, and documents that relate to the business of the society.
The expenses of such examination shall be paid by the society examined, upon statement furnished by the Commissioner of Insurance, and the examination shall be made as often as the commissioner, in his sole discretion, deems appropriate but, at a minimum, at least once in every five (5) years.
Whenever after examination the Commissioner of Insurance is satisfied that any domestic society has failed to comply with any provisions of this chapter, or is exceeding its powers, or is not carrying out its contracts in good faith, or is transacting business fraudulently, or whenever any domestic society, after the existence of one (1) year or more, shall have a membership of less than four hundred (400) or shall determine to discontinue business, the Commissioner of Insurance may present the facts relating thereto to the Attorney General, who shall, if he deem the circumstances warrant, commence an action in quo warranto in a court of competent jurisdiction. Such court shall thereupon notify the officers of such society of a hearing, and if it shall then appear that such society should be closed, said society shall be enjoined from carrying on any further business; and some person shall be appointed receiver of such society and shall proceed at once to take possession of the books, papers, monies, and other assets of the society and shall forthwith, under the direction of the court, proceed to close the affairs of the society and to distribute its funds to those entitled thereto.
Codes, 1930, § 5253; 1942, § 5767; Laws, 2012, ch. 364, § 2, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 29 - FRATERNAL SOCIETIES (§§ 83-29-1 — 83-29-75) › Section 83-29-47 - Application for receiver, etc

No application for injunction against or proceeding for the dissolution of or the appointment of a receiver for any such domestic society or branch thereof shall be entertained by any court in this state unless the same is made by the attorney general or the commissioner of insurance.
Codes, 1930, § 5254; 1942, § 5768; Laws, 1938, ch. 195.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 29 - FRATERNAL SOCIETIES (§§ 83-29-1 — 83-29-75) › Section 83-29-49 - Examination of foreign societies

The commissioner of insurance, or any person or persons whom he may appoint, may examine any foreign society transacting or applying for admission to transact business in this state. They shall have free access to all the books, papers, and documents that relate to the business of the society. He may, in his discretion, accept in lieu of such examination the latest examination of the insurance department of the state, territory, district, province, or country where such society is organized. The expenses of making any such examination shall be paid by the society upon statement furnished by the commissioner of insurance.
If any such society or its officers refuse to submit to such examination or to comply with the provisions of the section relative thereto, the authority of such society to write new business in this state shall be suspended or license refused until satisfactory evidence is furnished the commissioner relating to the condition and affairs of the society, and during such suspension the society shall not write new business in this state.
Codes, 1930, § 5255; 1942, § 5769.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 29 - FRATERNAL SOCIETIES (§§ 83-29-1 — 83-29-75) › Section 83-29-51 - No adverse publications

Pending, during, or after an examination or investigation of such society, either domestic or foreign, the commissioner of insurance shall make public no 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 such society until a copy thereof shall have been served upon such society, at its home office; nor until such society shall have 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.
Codes, 1930, § 5256; 1942, § 5770.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 29 - FRATERNAL SOCIETIES (§§ 83-29-1 — 83-29-75) › Section 83-29-53 - Revocation of license

When the commissioner of insurance on investigation is satisfied that any foreign society transacting business under this chapter has exceeded its powers, or has failed to comply with any provisions of this chapter, or is conducting business fraudulently, or is not carrying out its contracts in good faith, he shall notify the society of his findings and state in writing the grounds of his dissatisfaction, and after reasonable notice require said society, on a date named, to show cause why its license should not be revoked. If on the date named in said notice such objections have not been removed to the satisfaction of the said commissioner or the society does not present good and sufficient reasons why its authority to transact business in this state should not at that time be revoked, he may revoke the authority of the society to continue business in this state. All decisions and findings of the commissioner made under the provisions of this section may be reviewed by proper proceedings in any court of competent jurisdiction.
Codes, 1930, § 5257; 1942, § 5771.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 29 - FRATERNAL SOCIETIES (§§ 83-29-1 — 83-29-75) › Section 83-29-55 - Certain societies not affected

Nothing contained in this chapter shall be construed to affect or apply to grand or subordinate lodges of Masons, Odd Fellows, or Knights of Pythias exclusive of the insurance department of the supreme lodge Knights of Pythias, and the Junior Order of United American Mechanics exclusive of beneficiary degree or insurance branch of the National Council Junior Order United American Mechanics, or societies which admit to membership only persons engaged in one or more hazardous occupation in the same or similar lines of business. The commissioner of insurance may require from any society such information as will enable him to determine whether such society is exempt from the provisions of this chapter.
Any fraternal benefit society heretofore organized and incorporated and operating within the definition set forth in Sections
83-29-1
,
83-29-3
, and
83-29-5
, providing for benefits in case of death or disability resulting solely from accidents, but which does not obligate itself to pay death or sick benefits, may be licensed under the provisions of this chapter, and shall have all the privileges and shall be subject to all the provisions and regulations of this chapter, except that the provisions of this chapter as to valuations of benefit certificates shall not apply to such society.
Codes, 1930, § 5258; 1942, § 5772; Laws, 1938, ch. 192.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 29 - FRATERNAL SOCIETIES (§§ 83-29-1 — 83-29-75) › Section 83-29-57 - Taxation

Every fraternal benefit society organized or licensed under this chapter is hereby declared to be a charitable and benevolent institution; and all of its funds shall be exempt from all and every state, county, district, municipal and state tax other than insurance license taxes as defined by Section
27-15-83
and ad valorem taxes on real estate, office equipment and motor vehicles.
Codes, 1930, § 5259; 1942, § 5773; Laws, 1978, ch. 441, § 7, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 29 - FRATERNAL SOCIETIES (§§ 83-29-1 — 83-29-75) › Section 83-29-59 - Penalties

Any person, officer, member, or examining physician of any society authorized to do business under this chapter who shall knowingly or wilfully make any false or fraudulent statement or representation in or with reference to any application for membership, or for the purpose of obtaining money from or benefit in any society transacting business under this chapter, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or imprisonment in the county jail for not less than thirty (30) days nor more than one (1) year, or both, in the discretion of the court. Any person who shall willfully make a false statement of any material fact or thing in a sworn statement as to the death or disability of a certificate holder in any such society for the purpose of procuring payment of a benefit named in the certificate of such holder, and any person who shall willfully make any false statement in any verified report or declaration under oath required or authorized by this chapter, shall be guilty of perjury and shall be proceeded against and punished as provided by the statutes of this state in relation to the crime of perjury.
Any person who shall solicit membership for, or in any manner assist or procure membership in, any fraternal benefit society not licensed to do business in this state, or who shall solicit membership for, or in any manner assist in procuring membership in, any such society not authorized as herein provided to do business as herein defined in this state, shall be punished by a fine of not less than Fifty Dollars ($50.00) nor more than Two Hundred Dollars ($200.00).
Any society, or any officer, agent, or employee thereof neglecting or refusing to comply with, or violating any of the provisions of this chapter, the penalty for which neglect, refusal, or violation is not specified in this section, shall be fined not exceeding Two Hundred Dollars ($200.00) upon conviction thereof.
Codes, 1930, § 5260; 1942, § 5774.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 29 - FRATERNAL SOCIETIES (§§ 83-29-1 — 83-29-75) › Section 83-29-61 - Fraternal benefit societies must give bond

All fraternal benefit societies domiciled in or incorporated under the laws of Mississippi, or whose principal place of business is therein, shall be required to give a bond in some surety company licensed in Mississippi or in approved securities consisting of bonds of some municipality, county, levee board, or of the State of Mississippi. The minimum of said bond or securities shall be Two Hundred and Fifty Dollars ($250.00) for a minimum membership of two hundred (200), and to increase in sums of Two Hundred and Fifty Dollars ($250.00) for each two hundred (200) additional members, or fraction thereof, until it amounts to the maximum sum of Ten Thousand Dollars ($10,000.00).
Codes, Hemingway's 1917, § 5206; 1930, § 5261; 1942, § 5775; Laws, 1916, ch. 204.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 29 - FRATERNAL SOCIETIES (§§ 83-29-1 — 83-29-75) › Section 83-29-63 - Suit and judgment on bond

Said bond shall be conditioned to pay any judgment entered up against any such society in any court of competent jurisdiction in this state, and such judgment shall be a lien upon the bond or securities. The judgment creditor shall have the right to bring suit on said bond for the satisfaction of the judgment in the county in which the judgment is rendered. If the present bylaws of such societies provide for the payment of beneficiaries the sum received from one (1) monthly assessment, nothing herein shall amend or annul the terms of such policies, provided that all beneficiaries shall be paid within ninety (90) days after proof of death has been filed with the proper officer of the society, that said assessments shall be made each month to cover the deaths occurring during the preceding months, and that the funds secured from such monthly assessments shall be kept separately and the total amount of each monthly assessment shall be clearly shown on the book account, together with the names of the beneficiaries and the amount due them; provided, that societies may levy extra assessments to pay claims already due.
One or more suits on the bond herein required shall not vitiate the bond or prevent additional recovery thereon; but when judgments shall be recovered to the amount of the bond, the insurance commissioner shall require an additional bond.
Codes, Hemingway's 1917, § 5207; 1930, § 5262; 1942, § 5776; Laws, 1916, ch. 204.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 29 - FRATERNAL SOCIETIES (§§ 83-29-1 — 83-29-75) › Section 83-29-65 - Society must make up all delinquencies

Domestic societies delinquent with their beneficiaries for death claims must show an improvement by annually decreasing the amount of same not less than five percent (5%). Failure to do so shall subject them to a revocation of their license.
Codes, Hemingway's 1917, § 5208; 1930, § 5263; 1942, § 5777; Laws, 1916, ch. 204.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 29 - FRATERNAL SOCIETIES (§§ 83-29-1 — 83-29-75) › Section 83-29-67 - Separate expense fund must be provided

All fraternal societies incorporated under the laws of this state, or operating herein, or whose principal place of business is in this state, shall provide a separate fund from which to pay expenses, which shall not exceed for established societies more than twenty percent (20%) of total collections, nor more than twenty-five percent (25%) during the period of organization. Where practicable, the mortality funds shall be kept separate from other funds and be used only for the purpose of paying death benefits.
Codes, Hemingway's 1917, § 5209; 1930, § 5264; 1942, § 5778; Laws, 1916, ch. 204; Laws, 1940, ch. 207.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 29 - FRATERNAL SOCIETIES (§§ 83-29-1 — 83-29-75) › Section 83-29-69 - Authority of fraternal orders revoked for failure to pay judgments

If a judgment shall be rendered by any court in this state against any fraternal order and such judgment shall not be paid and satisfied within ninety (90) days after the same shall have become final, it shall be the imperative duty of the insurance commissioner, immediately upon being advised that such judgment has not been paid or satisfied within the time named, to revoke any and every authority granted to such fraternal order, or any agent thereof, to transact any business in this state. No such fraternal order, or agent thereof, shall thereafter transact any business in this state until again duly licensed, and in case of such revocation no renewal license or certificate of authority to transact business in this state shall be granted to such fraternal order for three (3) years after such revocation. Whenever such license or certificate of authority shall be revoked, the insurance commissioner shall publish such revocation in some newspaper published in this state.
Codes, Hemingway's 1917, § 5210; 1930, § 5265; 1942, § 5779; Laws, 1912, ch. 173.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 29 - FRATERNAL SOCIETIES (§§ 83-29-1 — 83-29-75) › Section 83-29-73 - Fraternal societies may insure children

Any fraternal benefit society organized under the laws of this state, or doing business in this state, may issue certificates for the payment of sick, death, or annuity benefits upon the lives of children between the ages of one (1) and eighteen (18) years who have been examined and approved in accordance with the laws of such society, provided that the applications for such a benefit certificate shall be made by a parent or guardian of such child or some person upon whom the child is dependent for support. When such child shall arrive at the age permitting a personal application for insurance under the laws of the society, the certificate issued under this provision may be exchanged for any other form of certificate issued by the society, such exchange to be in accordance with the constitution, laws, and regulations of such society, the free designation of a beneficiary in such exchange being left to the child.
Codes, Hemingway's 1921 Supp. § 5209el; 1930, § 5267; 1942, § 5781; Laws, 1918, ch. 212.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 29 - FRATERNAL SOCIETIES (§§ 83-29-1 — 83-29-75) › Section 83-29-75 - Conditions under which certificates to be issued

Such society shall not issue any such benefit certificate until after it shall have simultaneously put in force at least five hundred (500) such certificates, on each of which at least one (1) assessment has been paid, nor where the number of lives represented by such certificate falls below five hundred (500).
Codes, Hemingway's 1921 Supp. § 5209fl; 1930, § 5268; 1942, § 5782; Laws, 1918, ch. 212.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 30 - LARGER FRATERNAL BENEFIT SOCIETIES (§§ 83-30-1 — 83-30-77) › Article 1 - STRUCTURE AND PURPOSE (§§ 83-30-1 — 83-30-9) › Section 83-30-1 - Larger fraternal benefit societies

Any incorporated society, order or supreme lodge, without capital stock, including one exempted under the provisions of Section
83-30-73(1)
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 more than Thirty Thousand Dollars ($30,000.00) in total annual written premium, having a representative form of government, and which provides benefits in accordance with this chapter, is hereby declared to be a larger fraternal benefit society.
Laws, 2001, ch. 362, § 1, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 30 - LARGER FRATERNAL BENEFIT SOCIETIES (§§ 83-30-1 — 83-30-77) › Article 1 - STRUCTURE AND PURPOSE (§§ 83-30-1 — 83-30-9) › Section 83-30-3 - Lodge system

(1)
A society is operating on the lodge system if it has a supreme governing body and subordinate lodges into which members are elected, initiated or admitted in accordance with its laws, rules and ritual. Subordinate lodges shall be required by the laws of the society to hold regular meetings at least once in each month in furtherance of the purposes of the society.
(2)
A society may, at its option, organize and operate lodges for children under the minimum age for adult membership. Membership and initiation in local lodges shall not be required of such children, nor shall they have a voice or vote in the management of the society.
Laws, 2001, ch. 362, § 2, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 30 - LARGER FRATERNAL BENEFIT SOCIETIES (§§ 83-30-1 — 83-30-77) › Article 1 - STRUCTURE AND PURPOSE (§§ 83-30-1 — 83-30-9) › Section 83-30-5 - Representative form of government

A society has a representative form of government when:
(a)
It has a supreme governing body constituted in one of the following ways:
(i)
Assembly. The supreme governing body is an assembly composed of delegates elected directly by the members or at intermediate assemblies or conventions of members or their representatives, together with other delegates as may be prescribed in the society's laws. A society may provide for election of delegates by mail. The elected delegates shall constitute a majority in number and shall not have less than two-thirds (2/3) of the votes and not less than the number of votes required to amend the society's laws. The assembly shall be elected and shall meet at least once every four (4) years and shall elect a board of directors to conduct the business of the society between meetings of the assembly. Vacancies on the board of directors between elections may be filled in the manner prescribed by the society's laws.
(ii)
Direct Election. The supreme governing body is a board composed of persons elected by the members, either directly or by their representatives in intermediate assemblies, and any other persons prescribed in the society's laws. A society may provide for election of the board by mail. Each term of a board member may not exceed four (4) years. Vacancies on the board between elections may be filled in the manner prescribed by the society's laws. Those persons elected to the board shall constitute a majority in number and not less than the number of votes required to amend the society's laws. A person filling the unexpired term of an elected board member shall be considered to be an elected member. The board shall meet at least quarterly to conduct the business of the society.
(b)
The officers of the society are elected either by the supreme governing body or by the board of directors;
(c)
Only benefit members are eligible for election to the supreme governing body and the board of directors; and
(d)
Each voting member shall have one (1) vote; no vote may be cast by proxy.
Laws, 2001, ch. 362, § 3, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 30 - LARGER FRATERNAL BENEFIT SOCIETIES (§§ 83-30-1 — 83-30-77) › Article 1 - STRUCTURE AND PURPOSE (§§ 83-30-1 — 83-30-9) › Section 83-30-7 - Terms used

Whenever used in this chapter:
(a)
"Benefit contract" shall mean the agreement for provision of benefits authorized by Section
83-30-31
, as that agreement is described in Section
83-30-37(1)
.
(b)
"Benefit member" shall mean an adult member who is designated by the laws or rules of the society to be a benefit member under a benefit contract.
(c)
"Certificate" shall mean the document issued as written evidence of the benefit contract.
(d)
"Commissioner" shall mean the Commissioner of Insurance of this state.
(e)
"Laws" shall mean the society's articles of incorporation, constitution and bylaws, however designated.
(f)
"Lodge" shall mean subordinate member units of the society, known as camps, courts, councils, branches or by any other designation.
(g)
"Premiums" shall mean premiums, rates, dues or other required contributions by whatever name known, which are payable under the certificate.
(h)
"Rules" shall mean all rules, regulations or resolutions adopted by the supreme governing body or board of directors which are intended to have general application to the members of the society.
(i)
"Society" shall mean larger fraternal benefit society as defined in Section
83-30-1
, unless otherwise indicated.
Laws, 2001, ch. 362, § 4, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 30 - LARGER FRATERNAL BENEFIT SOCIETIES (§§ 83-30-1 — 83-30-77) › Article 1 - STRUCTURE AND PURPOSE (§§ 83-30-1 — 83-30-9) › Section 83-30-9 - Purposes and powers

(1)
A society shall operate for the benefit of members and their beneficiaries by:
(a)
Providing benefits as specified in Section
83-30-31
; and
(b)
Operating for one or more social, intellectual, educational, charitable, benevolent, moral, fraternal, patriotic or religious purposes for the benefit of its members, which may also be extended to others.
Such purposes may be carried out directly by the society, or indirectly through subsidiary corporations or affiliated organizations.
(2)
Every society shall have the power to adopt laws and rules for the government of the society, the admission of its members, and the management of its affairs. It shall have the power to change, alter, add to or amend such laws and rules and shall have such other powers as are necessary and incidental to carrying into effect the objects and purposes of the society.
Laws, 2001, ch. 362, § 5, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 30 - LARGER FRATERNAL BENEFIT SOCIETIES (§§ 83-30-1 — 83-30-77) › Article 3 - MEMBERSHIP (§§ 83-30-11 — 83-30-17) › Section 83-30-11 - Qualifications for membership

(1)
A society shall specify in its laws or rules:
(a)
Eligibility standards for each and every class of membership, provided that if benefits are provided on the lives of children, the minimum age for adult membership shall be set at not less than age fifteen (15) and not greater than age twenty-one (21);
(b)
The process for admission to membership for each membership class; and
(c)
The rights and privileges of each membership class, provided that only benefit members shall have the right to vote on the management of the insurance affairs of the society.
(2)
A society may also admit social members who shall have no voice or vote in the management of the insurance affairs of the society.
(3)
Membership rights in the society are personal to the member and are not assignable.
Laws, 2001, ch. 362, § 6, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 30 - LARGER FRATERNAL BENEFIT SOCIETIES (§§ 83-30-1 — 83-30-77) › Article 3 - MEMBERSHIP (§§ 83-30-11 — 83-30-17) › Section 83-30-13 - Location of office, meetings, communications to members, grievance procedures

(1)
The principal office of any domestic society shall be located in this state. The meetings of its supreme governing body may be held in any state, district, province or territory wherein such society has at least one (1) subordinate lodge, or in such other location as determined by the supreme governing body, and all business transacted at such meetings shall be as valid in all respects as if such meetings were held in this state. The minutes of the proceedings of the supreme governing body and of the board of directors shall be in the English language.
(2)
(a)
A society may provide in its laws for an official publication in which any notice, report, or statement required by law to be given to members, including notice of election, may be published. Such required reports, notices and statements shall be printed conspicuously in the publication. If the records of a society show that two (2) or more members have the same mailing address, an official publication mailed to one (1) member is deemed to be mailed to all members at the same address unless a member requests a separate copy.
(b)
Not later than June 1 of each year, a synopsis of the society's annual statement providing an explanation of the facts concerning the condition of the society thereby disclosed shall be printed and mailed to each benefit member of the society or, in lieu thereof, such synopsis may be published in the society's official publication.
(3)
A society may provide in its laws or rules for grievance or complaint procedures for members.
Laws, 2001, ch. 362, § 7, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 30 - LARGER FRATERNAL BENEFIT SOCIETIES (§§ 83-30-1 — 83-30-77) › Article 3 - MEMBERSHIP (§§ 83-30-11 — 83-30-17) › Section 83-30-17 - Waiver

The 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 of the society. Such provision shall be binding on the society and every member and beneficiary of a member.
Laws, 2001, ch. 362, § 9, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 30 - LARGER FRATERNAL BENEFIT SOCIETIES (§§ 83-30-1 — 83-30-77) › Article 5 - GOVERNANCE (§§ 83-30-19 — 83-30-29) › Section 83-30-21 - Amendments to laws

(1)
A domestic society may amend its laws in accordance with the provisions thereof by action of its supreme governing body at any regular or special meeting thereof or, if its laws so provide, by referendum. Such referendum may be held in accordance with the provisions of its 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. A society may provide for voting by mail. No amendment submitted for adoption by referendum shall be adopted unless, within six (6) months from the date of submission thereof, a majority of the members voting shall have signified their consent to such amendment by one (1) of the methods herein specified.
(2)
No amendment to the laws of any domestic society shall take effect unless approved by the commissioner who shall approve such amendment if the commissioner 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 shall disapprove any such amendment within sixty (60) days after the filing of same, such amendment shall be considered approved. The approval or disapproval of the commissioner shall be forwarded in writing, and mailed to the secretary or corresponding officer of the society at its principal office. In case the commissioner disapproves such amendment, the reasons therefor shall be stated in such written notice.
(3)
Within ninety (90) 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 publication 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.
(4)
Every foreign or alien society authorized to do business in this state shall file with the commissioner a duly certified copy of all amendments of, or additions to, its laws within ninety (90) days after the enactment of same.
(5)
Printed copies of the laws as amended, certified by the secretary or corresponding officer of the society shall be prima facie evidence of the legal adoption thereof.
Laws, 2001, ch. 362, § 11, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 30 - LARGER FRATERNAL BENEFIT SOCIETIES (§§ 83-30-1 — 83-30-77) › Article 5 - GOVERNANCE (§§ 83-30-19 — 83-30-29) › Section 83-30-23 - Institutions

A society may create, maintain and operate, or may establish organizations to operate, not for profit institutions to further the purposes permitted by Section
83-30-9(1)(b)
. Such institutions may furnish services free or at a reasonable charge. Any real or personal property owned, held or leased by the society for this purpose shall be reported in every annual statement but shall not be allowed as an admitted asset of such society.
Laws, 2001, ch. 362, § 12, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 30 - LARGER FRATERNAL BENEFIT SOCIETIES (§§ 83-30-1 — 83-30-77) › Article 5 - GOVERNANCE (§§ 83-30-19 — 83-30-29) › Section 83-30-25 - Reinsurance

(1)
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 July 1, 2001, 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.
(2)
Notwithstanding subsection (1) of this section, a society may reinsure the risks of another society in a consolidation, merger or assumption reinsurance transaction approved by the commissioner.
Laws, 2001, ch. 362, § 13, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 30 - LARGER FRATERNAL BENEFIT SOCIETIES (§§ 83-30-1 — 83-30-77) › Article 7 - CONTRACTUAL BENEFITS (§§ 83-30-31 — 83-30-39) › Section 83-30-31 - Benefits

(1)
A society may provide the following contractual benefits in any form:
(a)
Death benefits;
(b)
Endowment benefits;
(c)
Annuity benefits;
(d)
Temporary or permanent disability benefits;
(e)
Hospital, medical or nursing benefits;
(f)
Funeral benefits;
(g)
Monument or tombstone benefits to the memory of deceased members; and
(h)
Such other benefits as authorized for life insurers and which are not inconsistent with this chapter.
(2)
A society shall specify in its rules those persons who may be issued, or covered by, the contractual benefits in subsection (1), consistent with providing benefits to members and their dependents. A society may provide benefits on the lives of children under the minimum age for adult membership upon application of an adult person.
Laws, 2001, ch. 362, § 16, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 30 - LARGER FRATERNAL BENEFIT SOCIETIES (§§ 83-30-1 — 83-30-77) › Article 7 - CONTRACTUAL BENEFITS (§§ 83-30-31 — 83-30-39) › Section 83-30-33 - Beneficiaries

(1)
The owner of a benefit contract shall have the right at all times to change the beneficiary or beneficiaries in accordance with the laws or rules of the society unless the owner waives this right by specifically requesting in writing that the beneficiary designation be irrevocable. A society may, through its laws or rules, limit the scope of beneficiary designations and shall provide that no revocable 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 benefit contract.
(2)
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.
(3)
If, at the death of any person insured under a benefit contract, there is no lawful beneficiary to whom the proceeds shall be payable, the amount of such benefit, except to the extent that funeral benefits may be paid, shall be payable to the personal representative of the deceased insured, provided that if the owner of the certificate is other than the insured, such proceeds shall be payable to such owner.
Laws, 2001, ch. 362, § 17, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 30 - LARGER FRATERNAL BENEFIT SOCIETIES (§§ 83-30-1 — 83-30-77) › Article 7 - CONTRACTUAL BENEFITS (§§ 83-30-31 — 83-30-39) › Section 83-30-35 - 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.
Laws, 2001, ch. 362, § 18, eff. 7/1/2001.