reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 6. Benevolent Associations › Part 3. Finance (Repealed) › 33-6-303. Repealed

33-6-303. Repealed.
Sec. 6, Ch. 26, L. 2019.
History: En. Sec. 535, Ch. 286, L. 1959; R.C.M. 1947, 40-4915.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 6. Benevolent Associations › Part 3. Finance (Repealed) › 33-6-304. Repealed

33-6-304. Repealed.
Sec. 6, Ch. 26, L. 2019.
History: En. Sec. 536, Ch. 286, L. 1959; R.C.M. 1947, 40-4916; amd. Sec. 2, Ch. 337, L. 1987.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 6. Benevolent Associations › Part 4. Insurance Operations (Repealed) › 33-6-401. Repealed

33-6-401. Repealed.
Sec. 6, Ch. 26, L. 2019.
History: En. 40-4918 by Sec. 2, Ch. 297, L. 1971; R.C.M. 1947, 40-4918(part); amd. Sec. 3, Ch. 327, L. 1987; amd. Sec. 1167, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 6. Benevolent Associations › Part 4. Insurance Operations (Repealed) › 33-6-402. Repealed

33-6-402. Repealed.
Sec. 6, Ch. 26, L. 2019.
History: En. Sec. 529, Ch. 286, L. 1959; R.C.M. 1947, 40-4909; amd. Sec. 146, Ch. 575, L. 1981; amd. Sec. 1, Ch. 713, L. 1989.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 6. Benevolent Associations › Part 4. Insurance Operations (Repealed) › 33-6-403. Repealed

33-6-403. Repealed.
Sec. 6, Ch. 26, L. 2019.
History: En. Sec. 530, Ch. 286, L. 1959; R.C.M. 1947, 40-4910; amd. Sec. 1, Ch. 713, L. 1989.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 6. Benevolent Associations › Part 4. Insurance Operations (Repealed) › 33-6-404. Repealed

33-6-404. Repealed.
Sec. 6, Ch. 26, L. 2019.
History: En. Sec. 532, Ch. 286, L. 1959; R.C.M. 1947, 40-4912.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 6. Benevolent Associations › Part 4. Insurance Operations (Repealed) › 33-6-405. Repealed

33-6-405. Repealed.
Sec. 6, Ch. 26, L. 2019.
History: En. Sec. 534, Ch. 286, L. 1959; R.C.M. 1947, 40-4914.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 1. General Provisions › 33-7-101. Repealed

33-7-101. Repealed.
Sec. 41, Ch. 586, L. 1991.
History: En. Secs. 617, 672, Ch. 286, L. 1959; R.C.M. 1947, 40-5304, 40-5359; amd. Sec. 141, Ch. 575, L. 1981; amd. Sec. 2, Ch. 139, L. 1987; amd. Sec. 15, Ch. 713, L. 1989.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 1. General Provisions › 33-7-102. Repealed

33-7-102. Repealed.
Sec. 41, Ch. 586, L. 1991.
History: (1), (2)En. Sec. 614, Ch. 286, L. 1959; Sec. 40-5301, R.C.M. 1947; (3)En. Sec. 615, Ch. 286, L. 1959; Sec. 40-5302, R.C.M. 1947; (4)En. Sec. 616, Ch. 286, L. 1959; Sec. 40-5303, R.C.M. 1947; R.C.M. 1947, 40-5301, 40-5302, 40-5303.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 1. General Provisions › 33-7-103. Repealed

33-7-103. Repealed.
Sec. 41, Ch. 586, L. 1991.
History: En. Sec. 645, Ch. 286, L. 1959; R.C.M. 1947, 40-5332.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 1. General Provisions › 33-7-104. Repealed

33-7-104. Repealed.
Sec. 41, Ch. 586, L. 1991.
History: En. Sec. 618, Ch. 286, L. 1959; amd. Sec. 21, Ch. 535, L. 1975; R.C.M. 1947, 40-5305.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 1. General Provisions › 33-7-105. Fraternal benefit societies

33-7-105. Fraternal benefit societies.
Any incorporated or unincorporated society, order, or supreme lodge, without capital stock, including a society exempted under the provisions of 33-7-126(1)(b), that is conducted solely for the benefit of its members and their beneficiaries and not for profit, that is operated on a lodge system with ritualistic forms of work, that has a representative form of government, and that provides benefits in accordance with this chapter, is a fraternal benefit society.
History: En. Sec. 1, Ch. 586, L. 1991.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 1. General Provisions › 33-7-106. Lodge system

33-7-106. 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 must be required by the laws of the society to hold regular meetings at least once a month in furtherance of the purposes of the society.
(2) A society may organize and operate lodges for children under the minimum age for adult membership. Membership and initiation in local lodges may not be required of children, and children may not have a voice or vote in the management of a society.
History: En. Sec. 2, Ch. 586, L. 1991.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 1. General Provisions › 33-7-107. Representative form of government

33-7-107. Representative form of government.
(1) A society has a representative form of government if it has a supreme governing body organized as provided in subsection (2) or (3).
(2) (a) The supreme governing body may be an assembly composed of delegates who meet the criteria of subsection (5) and who are elected either by the members directly 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.
(b) The delegates elected must be a majority of delegates and may not have less than a majority of the votes and not less than the number of votes required to amend the society's laws. The assembly must be elected and shall meet at least once every 4 years and shall elect a board of directors to conduct the business of the society between meetings of the assembly.
(c) Vacancies on the board of directors may be filled in the manner prescribed by the society's laws.
(3) (a) (i) The supreme governing body may be:
(A) a board composed of persons who meet the criteria of subsection (5) and who are elected by the members, either directly or by their representatives in intermediate assemblies; and
(B) any other persons prescribed in the society's laws.
(ii) A society may provide for election of the board by mail.
(b) The term of a board member may not exceed 4 years. Vacancies on the board may be filled in the manner prescribed in the society's laws.
(c) The persons elected to the board must be a majority of the board and may not be less than the number of votes required to amend the society's laws. A person filling an unexpired term of an elected board member is considered to be an elected board member.
(d) The board shall meet at least quarterly to conduct the business of the society.
(4) The officers of the society must be elected either by the assembly or by the board of directors, either of which constitutes the supreme governing body.
(5) Only benefit members are eligible for election to the assembly, the board of directors, or an intermediate assembly.
(6) Each voting member shall have one vote. A vote may not be cast by proxy.
History: En. Sec. 3, Ch. 586, L. 1991.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 1. General Provisions › 33-7-108. Definitions

33-7-108. Definitions.
As used in this chapter, unless the context requires otherwise, the following definitions apply:
(1) "Benefit contract" means the agreement for provision of authorized benefits described in 33-7-520.
(2) "Benefit member" means an adult member who is designated by the laws or rules of the society to be a benefit member under a benefit contract.
(3) "Certificate" means the document issued as written evidence of the benefit contract.
(4) "Laws" means the society's articles of incorporation, charter, constitution, and bylaws.
(5) "Lodge" means subordinate member units of the society, known as camps, courts, councils, or branches or by any other designation.
(6) "Premiums" means premiums, rates, dues, or other required contributions that are payable under the certificate.
(7) "Rules" means all rules, regulations, or resolutions that are adopted by the supreme governing body or board of directors and that are intended to have general application to the members of the society.
(8) "Society" means a fraternal benefit society described in 33-7-105. The term includes an order or supreme lodge.
History: En. Sec. 4, Ch. 586, L. 1991.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 1. General Provisions › 33-7-109. Purposes and powers

33-7-109. Purposes and powers.
(1) A society shall operate for the benefit of members and their beneficiaries by:
(a) providing benefits as provided in 33-7-520; and
(b) providing for one or more social, intellectual, educational, charitable, benevolent, moral, fraternal, patriotic, or religious purposes, which may be extended to others. The purposes may be carried out directly by the society or indirectly through subsidiary corporations or affiliated organizations.
(2) A society may adopt laws and rules for the government of the society, the admission of its members, and the management of its affairs. It may amend laws and rules and exercise powers necessary and incidental to the objectives and purposes of the society.
History: En. Sec. 5, Ch. 586, L. 1991.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 1. General Provisions › 33-7-110. Qualification for membership

33-7-110. Qualification for membership.
(1) A society shall specify in its laws or rules:
(a) eligibility standards for each class of membership. However, if benefits are provided on the lives of children, the minimum age for adult membership must be set at not less than 15 years of age and not more than 21 years of age.
(b) the process for admission to each membership class; and
(c) the rights and privileges of each membership class. However, only benefit members may vote on the management of the insurance affairs of the society.
(2) A society may admit social members who 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.
History: En. Sec. 6, Ch. 586, L. 1991.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 1. General Provisions › 33-7-111. Repealed

33-7-111. Repealed.
Sec. 41, Ch. 586, L. 1991.
History: En. Sec. 653, Ch. 286, L. 1959; R.C.M. 1947, 40-5340; amd. Sec. 1, Ch. 713, L. 1989.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 1. General Provisions › 33-7-112. Repealed

33-7-112. Repealed.
Sec. 41, Ch. 586, L. 1991.
History: En. Sec. 654, Ch. 286, L. 1959; R.C.M. 1947, 40-5341.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 1. General Provisions › 33-7-113. Repealed

33-7-113. Repealed.
Sec. 41, Ch. 586, L. 1991.
History: En. Sec. 655, Ch. 286, L. 1959; R.C.M. 1947, 40-5342.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 1. General Provisions › 33-7-114. Repealed

33-7-114. Repealed.
Sec. 41, Ch. 586, L. 1991.
History: En. Sec. 665, Ch. 286, L. 1959; R.C.M. 1947, 40-5352.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 1. General Provisions › 33-7-115. Repealed

33-7-115. Repealed.
Sec. 41, Ch. 586, L. 1991.
History: Ap. p. Sec. 669, Ch. 286, L. 1959; Sec. 40-5356, R.C.M. 1947; Ap. p. Sec. 670, Ch. 286, L. 1959; Sec. 40-5357, R.C.M. 1947; R.C.M. 1947, 40-5356, 40-5357.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 1. General Provisions › 33-7-116. Repealed

33-7-116. Repealed.
Sec. 41, Ch. 586, L. 1991.
History: En. Sec. 671, Ch. 286, L. 1959; R.C.M. 1947, 40-5358.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 1. General Provisions › 33-7-117. Scope -- provisions applicable

33-7-117. Scope -- provisions applicable.
(1) Except as provided in subsection (2), societies are governed by this chapter and are exempt from all other provisions of the insurance laws of this state, not only in governmental relations with the state but for every other purpose. The provisions of a law enacted after January 1, 1992, do not apply to fraternal benefit societies unless expressly made applicable by the provisions of the law.
(2) In addition to the provisions of this chapter, the provisions of chapter 1, parts 1 through 4 and 7; 33-2-104; 33-2-107; 33-2-112; chapter 2, parts 13 and 19; 33-3-308; 33-3-701 through 33-3-704; 33-15-502; and chapters 17, 18, 20, and 22 apply to fraternal benefit societies to the extent applicable and to the extent not in conflict with the provisions of this chapter and the reasonable implications of this chapter.
History: En. Sec. 23, Ch. 586, L. 1991; amd. Sec. 38, Ch. 379, L. 1995; amd. Sec. 12, Ch. 63, L. 2015.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 1. General Provisions › 33-7-118. Reports -- fee

33-7-118. Reports -- fee.
Reports must be filed in accordance with the provisions of this section.
(1) On or before March 1 of each year, unless for cause shown the time has been extended by the commissioner of insurance, a society that transacts business in this state shall file with the commissioner of insurance a statement of its financial condition, transactions, and affairs for the preceding calendar year and pay a filing fee of $25. The statement must be in the general form and context approved by the national association of insurance commissioners for fraternal benefit societies and as supplemented by additional information required by the commissioner.
(2) As part of the annual statement, each society shall, on or before March 1, file with the commissioner a valuation of its certificates in force on the preceding December 31. The commissioner may, for cause shown, extend for not more than 2 calendar months the time for filing the valuation. The valuation must be done in accordance with the standards specified in 33-7-411. The valuation and underlying data must be certified by a qualified actuary or, at the expense of the society, verified by the actuary of the department of insurance of the state of domicile of the society.
(3) A society that fails to file the annual statement in the form and within the time provided by this section shall forfeit $100 for each day during which the failure continues, and, upon notice by the commissioner to that effect, its authority to do business in this state ceases while the default continues.
History: En. Sec. 26, Ch. 586, L. 1991.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 1. General Provisions › 33-7-119. Examination of societies

33-7-119. Examination of societies.
(1) The commissioner of insurance or any person appointed by the commissioner may examine any domestic, foreign, or alien society transacting or applying for admission to transact business in this state in the same manner as authorized for examination of domestic, foreign, or alien insurers. Requirements of notice and an opportunity to respond before findings are made public, as provided in the laws regulating insurers, are applicable to the examination of societies.
(2) The expense of each examination and of each valuation, including compensation and actual expenses of examiners, must be paid by the society examined or whose certificates are valued, upon statements furnished by the commissioner.
History: En. Sec. 28, Ch. 586, L. 1991; amd. Sec. 1168, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 1. General Provisions › 33-7-121. Suspension, revocation, or refusal of license of foreign or alien society

33-7-121. Suspension, revocation, or refusal of license of foreign or alien society.
(1) The commissioner of insurance shall notify a foreign or alien society of a deficiency or deficiencies and state in writing the reasons for the commissioner's dissatisfaction whenever the commissioner, upon investigation, finds that the society transacting or applying to transact business in this state:
(a) has exceeded its powers;
(b) has failed to comply with any of the provisions of this chapter;
(c) is not fulfilling its contracts in good faith; or
(d) is conducting its business fraudulently or in a manner hazardous to its members, creditors, or the public.
(2) Whenever a deficiency or deficiencies are found, the commissioner shall issue to the society a written notice that requires the deficiency or deficiencies to be corrected. The society shall within 30 days comply with the commissioner's request for correction. If the society fails to comply, the commissioner shall notify the society of the noncompliance and require the society to show cause by a stated date why its authority to do business in this state should not be suspended, revoked, or refused.
(3) If the society does not present sufficient reason why its authority to do business in this state should not be suspended, revoked, or refused, the commissioner may:
(a) suspend or refuse the authority of the society to do business in this state until satisfactory evidence is furnished to the commissioner that the suspension or refusal should be withdrawn; or
(b) revoke the authority of the society to do business in this state.
(4) This section may not be construed as preventing any society from continuing in good faith all contracts made in this state during the time the society was legally authorized to transact business in this state.
History: En. Sec. 31, Ch. 586, L. 1991; amd. Sec. 1170, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 1. General Provisions › 33-7-122. Injunction

33-7-122. Injunction.
An application or petition for injunction against any domestic, foreign, or alien society or lodge of a society may not be recognized in any court of this state unless made by the attorney general upon request of the commissioner of insurance.
History: En. Sec. 32, Ch. 586, L. 1991.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 1. General Provisions › 33-7-124. Review

33-7-124. Review.
All decisions and findings of the commissioner of insurance made under the provisions of this chapter are subject to review by the court in accordance with the provisions of 33-1-711.
History: En. Sec. 36, Ch. 586, L. 1991.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 1. General Provisions › 33-7-125. Penalties

33-7-125. Penalties.
(1) A person who makes a false or fraudulent statement in or relating to an application for membership or for the purpose of obtaining money from a benefit in any society is guilty of a misdemeanor.
(2) A person who solicits membership for, or in any manner assists in procuring membership in, any society not authorized to transact business in this state is subject to an administrative fine, imposed by the commissioner of insurance, of not less than $25 or more than $500 for each violation.
(3) A person convicted of a willful violation of, or neglect or refusal to comply with, any provision of this chapter for which a penalty is not otherwise prescribed shall be punished by a fine of not more than $1,000 for each violation and not more than $10,000 for all related violations.
History: En. Sec. 37, Ch. 586, L. 1991.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 1. General Provisions › 33-7-126. Exemption of certain societies

33-7-126. Exemption of certain societies.
(1) Nothing in this chapter may be construed to affect or apply to:
(a) grand or subordinate lodges of societies, orders, or associations doing business in this state on July 1, 1992, that provide benefits exclusively through local or subordinate lodges;
(b) (i) orders, societies, or associations that admit to membership only persons engaged in one or more crafts or hazardous occupations or in the same or similar lines of business and that insure only their own members and their families; and
(ii) the ladies' societies or ladies' auxiliaries to such orders, societies, or associations;
(c) domestic societies that limit their membership to employees of a particular city or town, designated firm, business house, or corporation and that provide for a death benefit of not more than $400 or disability benefits of not more than $350 to any person in any 1 year, or both; or
(d) domestic societies or associations of a purely religious, charitable, or benevolent description, which provide for a death benefit of not more than $400 or for disability benefits of not more than $350 to a person in any 1 year, or both.
(2) A society or association described in subsection (1)(c) or (1)(d) that provides for death or disability benefits for which benefit certificates are issued and a society or association included in subsection (1)(d) that has more than 1,000 members are not exempt from the provisions of this chapter.
(3) A society that is exempt under this section from the requirements of this chapter, except a society described in subsection (1)(b), may not give or allow or promise to give or allow to any person any compensation for procuring new members.
(4) A society that provides for benefits in case of death or disability resulting solely from accident and that does not obligate itself to pay natural death or sick benefits has all of the privileges and is subject to all the applicable provisions and regulations of this chapter except the provisions of this chapter that relate to medical examination, valuations of benefit certificates, and incontestability.
(5) The commissioner may require from a society or association, by examination or otherwise, any information that will enable the commissioner to determine whether the society or association is exempt from the provisions of this chapter.
(6) A society that is exempt under the provisions of this section is also exempt from all other provisions of the insurance laws of this state.
History: En. Sec. 38, Ch. 586, L. 1991.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 1. General Provisions › 33-7-127. Service of process

33-7-127. Service of process.
Service of process against a society authorized to do business in this state must be made pursuant to 35-7-113 or in any other manner permitted by law.
History: En. Sec. 13, Ch. 157, L. 2023.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 2. Formation › 33-7-201. Repealed

33-7-201. Repealed.
Sec. 41, Ch. 586, L. 1991.
History: En. Sec. 622, Ch. 286, L. 1959; R.C.M. 1947, 40-5309.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 2. Formation › 33-7-202. Repealed

33-7-202. Repealed.
Sec. 41, Ch. 586, L. 1991.
History: En. Sec. 623, Ch. 286, L. 1959; R.C.M. 1947, 40-5310.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 2. Formation › 33-7-203. Repealed

33-7-203. Repealed.
Sec. 41, Ch. 586, L. 1991.
History: En. Sec. 624, Ch. 286, L. 1959; R.C.M. 1947, 40-5311.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 2. Formation › 33-7-204. Repealed

33-7-204. Repealed.
Sec. 41, Ch. 586, L. 1991.
History: En. Sec. 625, Ch. 286, L. 1959; R.C.M. 1947, 40-5312.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 2. Formation › 33-7-205. Repealed

33-7-205. Repealed.
Sec. 41, Ch. 586, L. 1991.
History: En. Sec. 626, Ch. 286, L. 1959; R.C.M. 1947, 40-5313.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 2. Formation › 33-7-206. Repealed

33-7-206. Repealed.
Sec. 41, Ch. 586, L. 1991.
History: En. Sec. 629, Ch. 286, L. 1959; R.C.M. 1947, 40-5316(part).
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 2. Formation › 33-7-207. Repealed

33-7-207. Repealed.
Sec. 41, Ch. 586, L. 1991.
History: En. Sec. 628, Ch. 286, L. 1959; R.C.M. 1947, 40-5315.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 2. Formation › 33-7-209. Amendments to laws

33-7-209. Amendments to laws.
(1) A domestic society may amend its laws in accordance with the provisions of its laws by action of its supreme governing body at any regular or special meeting or, if its laws provide, by referendum. The referendum may be held in accordance with the provisions of its laws by a vote of the voting members of the society, by a vote of delegates or representatives of voting members, or by a vote of local lodges. A society may provide for voting by mail. An amendment submitted by referendum may not be adopted unless, within 6 months from the date of submission, a majority of the members voting have signified their consent to the amendment.
(2) An amendment to the laws of a domestic society does not take effect unless approved by the commissioner of insurance, who shall approve the amendment if the commissioner finds that it has been adopted and is not inconsistent with any requirement of the laws of this state or with the character, objectives, and purposes of the society. Unless the commissioner disapproves an amendment within 60 days after its filing, the amendment is considered approved. The approval or disapproval of the commissioner must be in writing and mailed to the secretary or corresponding officer of the society at its principal office. If the commissioner disapproves an amendment, the reasons for the disapproval must be stated in the written notice.
(3) Within 90 days of approval by the commissioner, all amendments or a synopsis of the amendments must be furnished to all members of the society, either by mail or by publication in full in the official publication of the society.
(4) A foreign or alien society authorized to do business in this state shall file with the commissioner a certified copy of all amendments of or additions to its laws within 90 days after their enactment.
(5) Printed copies of the laws, as amended, that are certified by the secretary or a corresponding officer of the society are prima facie evidence of their legal adoption.
History: En. Sec. 11, Ch. 586, L. 1991; amd. Sec. 1172, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 2. Formation › 33-7-210. Institutions

33-7-210. Institutions.
(1) A society may create, maintain, and operate, or may establish organizations to operate, not-for-profit institutions to further the purposes permitted by 33-7-109(1)(b). The institutions may furnish services free or at a reasonable charge. Any real or personal property owned, held, or leased by the society for these purposes must be reported in every annual statement but may not be allowed as an admitted asset of the society.
(2) A society may not own or operate funeral homes or undertaking establishments.
History: En. Sec. 12, Ch. 586, L. 1991.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 2. Formation › 33-7-211. Repealed

33-7-211. Repealed.
Sec. 41, Ch. 586, L. 1991.
History: En. Sec. 666, Ch. 286, L. 1959; R.C.M. 1947, 40-5353.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 2. Formation › 33-7-212. Repealed

33-7-212. Repealed.
Sec. 41, Ch. 586, L. 1991.
History: En. Sec. 667, Ch. 286, L. 1959; R.C.M. 1947, 40-5354.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 2. Formation › 33-7-213. Repealed

33-7-213. Repealed.
Sec. 41, Ch. 586, L. 1991.
History: En. Sec. 668, Ch. 286, L. 1959; R.C.M. 1947, 40-5355.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 2. Formation › 33-7-214. Reinsurance

33-7-214. 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 the reinsurance and authorized to do business in this state or, if not authorized to do business in this state, an insurer that is approved by the commissioner of insurance. A society may not reinsure substantially all of its insurance in force without the written permission of the commissioner. A society may take credit for the reserves on the ceded risks to the extent reinsured. A credit may not 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 on or after July 1, 1992, 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 the limitation in subsection (1), a society may reinsure the risks of another society in a consolidation or merger approved by the commissioner under 33-7-215.
History: En. Sec. 13, Ch. 586, L. 1991.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 2. Formation › 33-7-216. Conversion of society into mutual life insurance company

33-7-216. Conversion of society into mutual life insurance company.
A domestic society may be converted and licensed as a mutual life insurance company by compliance with all the applicable requirements of Title 33 if the plan of conversion has been approved by the commissioner of insurance. The board of directors shall prepare a written plan of conversion that sets forth in full the terms and conditions of conversion. An affirmative vote of two-thirds of all members of the supreme governing body at a regular or special meeting is necessary for the approval of the plan. A conversion may not take effect unless approved by the commissioner, who may approve the conversion if the commissioner finds that the proposed change is in conformity with the requirements of law and not prejudicial to the certificate holders of the society.
History: En. Sec. 15, Ch. 586, L. 1991; amd. Sec. 1173, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 2. Formation › 33-7-217. Annual certificate -- fees

33-7-217. Annual certificate -- fees.
(1) A society may not insure a risk in this state unless it holds a certificate of authority issued to it by the commissioner of insurance.
(2) A society's certificate of authority continues in force as long as the society is entitled to it under this chapter and until suspended, revoked, or otherwise terminated. However, continuance of the certificate by the society is conditioned upon payment before May 15 of each year of a continuation fee of $10. The fee must be deposited by the commissioner of insurance with the state treasurer to the credit of the state general fund.
(3) If a society does not continue its certificate of authority in accordance with subsection (2), its certificate of authority expires at midnight on the May 31 following its failure to continue it in force. In that case, the commissioner shall promptly notify the society of the impending expiration of its certificate of authority.
(4) The commissioner may reinstate a certificate of authority that a society has inadvertently permitted to expire, after the society has fully cured all failures that resulted in the expiration and upon payment by the society of a $25 fee for reinstatement in addition to the continuation fee provided for in subsection (2). If a certificate is not reinstated, the commissioner may grant a society another certificate of authority only after the society files an application for a certificate of authority and meets all other requirements for an original certificate of authority in this state.
(5) The commissioner may amend a certificate of authority at any time to conform to changes in a society's charter of insuring powers.
(6) A certified copy or duplicate of a certificate of authority is prima facie evidence that the society is a fraternal benefit society within the meaning of this chapter.
History: En. Sec. 27, Ch. 586, L. 1991.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 3. Management › 33-7-301. Repealed

33-7-301. Repealed.
Sec. 41, Ch. 586, L. 1991.
History: En. Sec. 627, Ch. 286, L. 1959; R.C.M. 1947, 40-5314.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 3. Management › 33-7-302. Repealed

33-7-302. Repealed.
Sec. 41, Ch. 586, L. 1991.
History: En. Sec. 630, Ch. 286, L. 1959; R.C.M. 1947, 40-5317.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 3. Management › 33-7-303. Repealed

33-7-303. Repealed.
Sec. 41, Ch. 586, L. 1991.
History: En. Sec. 631, Ch. 286, L. 1959; R.C.M. 1947, 40-5318.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 3. Management › 33-7-304. Repealed

33-7-304. Repealed.
Sec. 41, Ch. 586, L. 1991.
History: En. Sec. 632, Ch. 286, L. 1959; R.C.M. 1947, 40-5319.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 3. Management › 33-7-305. Repealed

33-7-305. Repealed.
Sec. 41, Ch. 586, L. 1991.
History: En. Sec. 633, Ch. 286, L. 1959; R.C.M. 1947, 40-5320.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 3. Management › 33-7-306. Location of office -- meetings -- communication to members -- grievance procedures

33-7-306. Location of office -- meetings -- communication to members -- grievance procedures.
(1) The principal office of a domestic society must be located in this state. The meetings of its supreme governing body may be held in any state, district, province, or territory where the society has at least five subordinate lodges or in a location determined by the supreme governing body. All business transacted at meetings is valid. The minutes of the proceedings of the supreme governing body and of the board of directors must be in English.
(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. Required reports, notices, and statements must be printed conspicuously in the publication. If the records of a society show that two or more members have the same mailing address, an official publication mailed to one member is considered 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, must be printed and mailed to each benefit member of the society, or the 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.
History: En. Sec. 7, Ch. 586, L. 1991.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 3. Management › 33-7-308. Waiver

33-7-308. Waiver.
The laws of the society may provide that a subordinate body or any of its subordinate officers or members may not waive any of the provisions of the laws of the society. The provision is binding on the society and every member and beneficiary of a member.
History: En. Sec. 9, Ch. 586, L. 1991.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 4. Finance › 33-7-401. Repealed

33-7-401. Repealed.
Sec. 41, Ch. 586, L. 1991.
History: En. Sec. 635, Ch. 286, L. 1959; R.C.M. 1947, 40-5322.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 4. Finance › 33-7-402. Repealed

33-7-402. Repealed.
Sec. 41, Ch. 586, L. 1991.
History: En. Sec. 648, Ch. 286, L. 1959; R.C.M. 1947, 40-5335.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 4. Finance › 33-7-403. Repealed

33-7-403. Repealed.
Sec. 41, Ch. 586, L. 1991.
History: En. Sec. 649, Ch. 286, L. 1959; R.C.M. 1947, 40-5336.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 4. Finance › 33-7-404. Repealed

33-7-404. Repealed.
Sec. 41, Ch. 586, L. 1991.
History: En. Sec. 650, Ch. 286, L. 1959; R.C.M. 1947, 40-5337.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 4. Finance › 33-7-405. Repealed

33-7-405. Repealed.
Sec. 41, Ch. 586, L. 1991.
History: En. Sec. 651, Ch. 286, L. 1959; R.C.M. 1947, 40-5338; amd. Sec. 13, Ch. 303, L. 1981.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 4. Finance › 33-7-406. Repealed

33-7-406. Repealed.
Sec. 41, Ch. 586, L. 1991.
History: En. Sec. 652, Ch. 286, L. 1959; R.C.M. 1947, 40-5339.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 4. Finance › 33-7-407. Repealed

33-7-407. Repealed.
Sec. 41, Ch. 586, L. 1991.
History: En. Sec. 656, Ch. 286, L. 1959; R.C.M. 1947, 40-5343.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 4. Finance › 33-7-408. Investments

33-7-408. Investments.
A society may invest its funds only in investments authorized by the laws of this state for the investment of assets of life insurers. A foreign or alien society that is permitted or seeking to do business in this state and that invests its funds in accordance with the laws of the state, district, territory, province, or country where it is incorporated meets the requirements of this section for the investment of funds.
History: En. Sec. 21, Ch. 586, L. 1991.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 4. Finance › 33-7-409. Funds

33-7-409. Funds.
(1) All assets must be held, invested, and disbursed for the use and benefit of the society, and a member or beneficiary may not have or acquire individual rights in assets or become entitled to any apportionment on the surrender of any part of the assets except as provided in the benefit contract.
(2) A society may create, maintain, invest, disburse, and apply any special fund or funds necessary to carry out any purpose permitted by the laws of the society.
(3) Pursuant to a resolution of its supreme governing body, a society may establish and operate one or more separate accounts and issue contracts on a variable basis, subject to the provisions of law regulating life insurers establishing similar accounts and issuing similar contracts. To the extent the society considers it necessary in order to comply with any applicable federal or state laws or any rules issued under those laws, the society may adopt special procedures for administering a separate account and may, for persons having beneficial interests in a separate account, provide special voting and other rights, including without limitation special rights and procedures relating to investment policy, investment advisory services, selection of certified public accountants, and selection of a committee to manage the business and affairs of the account. A society may issue contracts on a variable basis to which the provisions of 33-7-523(2) and (4) do not apply.
History: En. Sec. 22, Ch. 586, L. 1991.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 4. Finance › 33-7-410. Taxation

33-7-410. Taxation.
A society organized or licensed under this chapter is a charitable and benevolent institution, and all of its funds are exempt from all state, county, district, municipal, and school taxes other than taxes on real estate and office equipment.
History: En. Sec. 24, Ch. 586, L. 1991.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 4. Finance › 33-7-411. Valuation

33-7-411. Valuation.
(1) Standards of valuation for certificates issued prior to July 1, 1993, must be those provided by the laws applicable immediately prior to July 1, 1992.
(2) (a) The minimum standards of valuation for certificates issued on or after July 1, 1993, must be based on the following tables:
(i) for certificates of life insurance--the commissioner of insurance's 1941 standard ordinary mortality table, the commissioner's 1941 standard industrial mortality table, the commissioner's 1958 standard ordinary mortality table, the commissioner's 1980 standard ordinary mortality table, or any more recent table made applicable to life insurers;
(ii) for annuity and pure endowment certificates, for total and permanent disability benefits, for accidental death benefits and for noncancelable accident and health benefits--the tables authorized for use by life insurers in this state.
(b) All of the certificates must be valued under valuation methods and standards, including interest assumptions, that are in accordance with the laws of this state applicable to life insurers that issue policies containing similar benefits.
(3) The commissioner may accept other standards for valuation if the commissioner finds that the reserves produced by the valuation will not be less in the aggregate than reserves computed in accordance with the minimum valuation standard prescribed in this section. The commissioner may vary the standards of mortality applicable to all benefit contracts on substandard lives or other extrahazardous lives by a society authorized to do business in this state.
(4) A society, with the consent of the commissioner of insurance of the state of domicile of the society and under conditions, if any, that the commissioner may impose, may establish and maintain reserves on its certificates in excess of required reserves, but the contractual rights of a benefit member may not be affected by the excess reserves.
History: En. Sec. 25, Ch. 586, L. 1991; amd. Sec. 1175, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 5. Insurance Operations › 33-7-501. Repealed

33-7-501. Repealed.
Sec. 41, Ch. 586, L. 1991.
History: En. Sec. 619, Ch. 286, L. 1959; R.C.M. 1947, 40-5306(part); amd. Sec. 4, Ch. 327, L. 1987.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 5. Insurance Operations › 33-7-502. Repealed

33-7-502. Repealed.
Sec. 41, Ch. 586, L. 1991.
History: En. Sec. 620, Ch. 286, L. 1959; R.C.M. 1947, 40-5307.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 5. Insurance Operations › 33-7-503. Repealed

33-7-503. Repealed.
Sec. 41, Ch. 586, L. 1991.
History: En. Sec. 621, Ch. 286, L. 1959; R.C.M. 1947, 40-5308.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 5. Insurance Operations › 33-7-504. Repealed

33-7-504. Repealed.
Sec. 41, Ch. 586, L. 1991.
History: En. Sec. 634, Ch. 286, L. 1959; amd. Sec. 9, Ch. 423, L. 1971; R.C.M. 1947, 40-5321(part).
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 5. Insurance Operations › 33-7-505. Repealed

33-7-505. Repealed.
Sec. 41, Ch. 586, L. 1991.
History: En. Sec. 634, Ch. 286, L. 1959; amd. Sec. 9, Ch. 423, L. 1971; R.C.M. 1947, 40-5321(part).
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 5. Insurance Operations › 33-7-506. Repealed

33-7-506. Repealed.
Sec. 41, Ch. 586, L. 1991.
History: En. Sec. 636, Ch. 286, L. 1959; R.C.M. 1947, 40-5323.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 5. Insurance Operations › 33-7-507. Repealed

33-7-507. Repealed.
Sec. 41, Ch. 586, L. 1991.
History: En. Sec. 637, Ch. 286, L. 1959; amd. Sec. 16, Ch. 94, L. 1973; R.C.M. 1947, 40-5324(1).
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 5. Insurance Operations › 33-7-508. Repealed

33-7-508. Repealed.
Sec. 41, Ch. 586, L. 1991.
History: En. Sec. 637, Ch. 286, L. 1959; amd. Sec. 16, Ch. 94, L. 1973; R.C.M. 1947, 40-5324(2).
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 5. Insurance Operations › 33-7-509. Repealed

33-7-509. Repealed.
Sec. 41, Ch. 586, L. 1991.
History: En. Sec. 638, Ch. 286, L. 1959; R.C.M. 1947, 40-5325; amd. Sec. 14, Ch. 303, L. 1981.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 5. Insurance Operations › 33-7-510. Repealed

33-7-510. Repealed.
Sec. 41, Ch. 586, L. 1991.
History: En. Sec. 639, Ch. 286, L. 1959; R.C.M. 1947, 40-5326.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 5. Insurance Operations › 33-7-511. Repealed

33-7-511. Repealed.
Sec. 41, Ch. 586, L. 1991.
History: En. Sec. 640, Ch. 286, L. 1959; R.C.M. 1947, 40-5327.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 5. Insurance Operations › 33-7-512. Repealed

33-7-512. Repealed.
Sec. 41, Ch. 586, L. 1991.
History: En. Sec. 641, Ch. 286, L. 1959; R.C.M. 1947, 40-5328.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 5. Insurance Operations › 33-7-513. Repealed

33-7-513. Repealed.
Sec. 41, Ch. 586, L. 1991.
History: En. Sec. 642, Ch. 286, L. 1959; R.C.M. 1947, 40-5329.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 5. Insurance Operations › 33-7-514. Repealed

33-7-514. Repealed.
Sec. 41, Ch. 586, L. 1991.
History: En. Sec. 643, Ch. 286, L. 1959; R.C.M. 1947, 40-5330; amd. Sec. 16, Ch. 198, L. 1979.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 5. Insurance Operations › 33-7-515. Repealed

33-7-515. Repealed.
Sec. 41, Ch. 586, L. 1991.
History: En. Sec. 644, Ch. 286, L. 1959; R.C.M. 1947, 40-5331.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 5. Insurance Operations › 33-7-516. Repealed

33-7-516. Repealed.
Sec. 41, Ch. 586, L. 1991.
History: En. Sec. 646, Ch. 286, L. 1959; R.C.M. 1947, 40-5333.