reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-910 - Disclosure of financial information to nonaffiliated third party; when.

44-910.
Disclosure of financial information to nonaffiliated third party; when.
(1)(a) Except as otherwise authorized in the Privacy of Insurance Consumer Information Act, a licensee may not, directly or through any affiliate, disclose any nonpublic personal financial information about a consumer to a nonaffiliated third party unless:
(i) The licensee has provided to the consumer an initial notice as required under section 44-904;
(ii) The licensee has provided to the consumer an opt out notice as required in section 44-907;
(iii) The licensee has given the consumer a reasonable opportunity, before it discloses the information to the nonaffiliated third party to opt out of the disclosure; and
(iv) The consumer does not opt out.
(b) A licensee shall be deemed to provide a consumer with a reasonable opportunity to opt out pursuant to subdivision (1)(a)(iii) of this section if:
(i) The licensee mails the notices required in subdivision (1)(a) of this section to the consumer and allows the consumer to opt out by mailing a form, calling a toll-free telephone number, or any other reasonable means within thirty days from the date the licensee mailed the notices;
(ii) A customer opens an online account with a licensee and agrees to receive the notices required in subdivision (1)(a) of this section electronically, and the licensee allows the customer to opt out by any reasonable means within thirty days after the date that the customer acknowledges receipt of the notices in conjunction with opening the account; or
(iii) For an isolated transaction such as providing the consumer with an insurance quote, a licensee provides the consumer with a reasonable opportunity to opt out if the licensee provides the notices required in subdivision (1)(a) of this section at the time of the transaction and requests that the consumer decide, as a necessary part of the transaction, whether to opt out before completing the transaction.
(c) For purposes of this section, opt out means a direction by the consumer that the licensee not disclose nonpublic personal financial information about that consumer to a nonaffiliated third party other than as permitted by sections 44-913 to 44-915.
(2) A licensee shall comply with this section, regardless of whether the licensee and the consumer have established a customer relationship. Unless a licensee complies with this section, the licensee may not, directly or through any affiliate, disclose any nonpublic personal financial information about a consumer that the licensee has collected, regardless of whether the licensee collected it before or after receiving the direction to opt out from the consumer.
(3) A licensee may allow a consumer to select certain nonpublic personal financial information or certain nonaffiliated third parties with respect to which the consumer wishes to opt out.
Source
Laws 2001, LB 52, § 10.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-911 - Redisclosure and reuse of financial information; when.

44-911.
Redisclosure and reuse of financial information; when.
(1) If a licensee receives nonpublic personal financial information from a nonaffiliated financial institution under an exception in section 44-914 or 44-915, the licensee's disclosure and use of that information is limited as follows:
(a) The licensee may disclose the information to the affiliates of the financial institution from which the licensee received the information;
(b) The licensee may disclose the information to its affiliates, but the licensee's affiliates may, in turn, disclose and use the information only to the extent that the licensee may disclose and use the information; and
(c) The licensee may disclose and use the information pursuant to an exception in section 44-914 or 44-915 in the ordinary course of business to carry out the activity covered by the exception under which the licensee received the information.
(2) If a licensee receives nonpublic personal financial information from a nonaffiliated financial institution other than under an exception in section 44-914 or 44-915, the licensee may disclose the information only:
(a) To the affiliates of the financial institution from which the licensee received the information;
(b) To its affiliates, but its affiliates may, in turn, disclose the information only to the extent that the licensee may disclose the information; and
(c) To any other person, if the disclosure would be lawful if made directly to that person by the financial institution from which the licensee received the information.
(3) If a licensee discloses nonpublic personal financial information to a nonaffiliated third party under an exception in section 44-914 or 44-915, the third party may disclose and use that information only as follows:
(a) The third party may disclose the information to the licensee's affiliates;
(b) The third party may disclose the information to its affiliates, but its affiliates may, in turn, disclose and use the information only to the extent that the third party may disclose and use the information; and
(c) The third party may disclose and use the information pursuant to an exception in section 44-914 or 44-915 in the ordinary course of business to carry out the activity covered by the exception under which it received the information.
(4) If a licensee discloses nonpublic personal financial information to a nonaffiliated third party other than under an exception in section 44-914 or 44-915, the third party may disclose the information only:
(a) To the licensee's affiliates;
(b) To the third party's affiliates, but the third party's affiliates, in turn, may disclose the information only to the extent the third party can disclose the information; and
(c) To any other person, if the disclosure would be lawful if the licensee made it directly to that person.
Source
Laws 2001, LB 52, § 11.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-912 - Policy number; disclosure; when.

44-912.
Policy number; disclosure; when.
(1) A licensee shall not, directly or through an affiliate, disclose, other than to a consumer reporting agency, a policy number or similar form of access number or access code for a consumer's policy or transaction account to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer.
(2) Subsection (1) of this section does not apply if a licensee discloses a policy number or similar form of access number or access code:
(a) To the licensee's service provider solely in order to perform marketing for the licensee's own products or services, as long as the service provider is not authorized to directly initiate charges to the account;
(b) To a licensee who is a producer solely in order to perform marketing for the licensee's own products or services; or
(c) To a participant in an affinity or similar program where the participants in the program are identified to the customer when the customer enters into the program.
(3)(a) For purposes of this section, a policy or transaction account is an account other than a deposit account or a credit card account. A policy or transaction account does not include an account to which third parties cannot initiate charges.
(b) A policy number, or similar form of access number or access code, does not include a number or code in an encrypted form, if the licensee does not provide the recipient with a means to decode the number or code.
Source
Laws 2001, LB 52, § 12.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-913 - Opt out exception for service providers and joint marketing.

44-913.
Opt out exception for service providers and joint marketing.
(1)(a) The opt out requirements in sections 44-907 and 44-910 do not apply when a licensee provides nonpublic personal financial information to a nonaffiliated third party to perform services for the licensee or functions on the licensee's behalf, if the licensee:
(i) Provides the initial notice in accordance with section 44-904; and
(ii) Enters into a contractual agreement with the third party that prohibits the third party from disclosing or using the information other than to carry out the purposes for which the licensee disclosed the information, including use under an exception in section 44-914 or 44-915 in the ordinary course of business to carry out those purposes.
(b) If a licensee discloses nonpublic personal financial information under this section to a financial institution with which the licensee performs joint marketing, the licensee's contractual agreement with that institution meets the requirements of subdivision (1)(a)(ii) of this section if it prohibits the institution from disclosing or using the nonpublic personal financial information except as necessary to carry out the joint marketing or under an exception in section 44-914 or 44-915 in the ordinary course of business to carry out that joint marketing.
(2) The services a nonaffiliated third party performs for a licensee under subsection (1) of this section may include marketing of the licensee's own products or services or marketing of financial products or services offered pursuant to joint agreements between the licensee and one or more financial institutions.
(3) For purposes of this section, joint agreement means a written contract pursuant to which a licensee and one or more financial institutions jointly offer, endorse, or sponsor a financial product or service.
Source
Laws 2001, LB 52, § 13.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-914 - Notice and opt out exception for processing and servicing transactions.

44-914.
Notice and opt out exception for processing and servicing transactions.
(1) The requirements for initial notice in subdivision (1)(b) of section 44-904, the opt out in sections 44-907 and 44-910, and service providers and joint marketing in section 44-913 do not apply if the licensee discloses nonpublic personal financial information as necessary to effect, administer, or enforce a transaction that a consumer requests or authorizes, or in connection with:
(a) Servicing or processing an insurance product or service that a consumer requests or authorizes;
(b) Maintaining or servicing the consumer's account with a licensee, or with another entity as part of a private label credit card program or other extension of credit on behalf of such entity;
(c) A proposed or actual securitization, secondary market sale, including sales of servicing rights, or similar transaction related to a transaction of the consumer; or
(d) Reinsurance or stop-loss or excess-loss insurance.
(2) For purposes of this section, necessary to effect, administer, or enforce a transaction means that the disclosure is:
(a) Required, or is one of the lawful or appropriate methods, to enforce the licensee's rights or the rights of other persons engaged in carrying out the financial transaction or providing the product or service; or
(b) Required, or is an usual, appropriate, or acceptable method:
(i) To carry out the transaction or the product or service business of which the transaction is a part, and record, service, or maintain the consumer's account in the ordinary course of providing the insurance product or service;
(ii) To administer or service benefits or claims relating to the transaction or the product or service business of which it is a part;
(iii) To provide a confirmation, statement, or other record of the transaction, or information on the status or value of the insurance product or service to the consumer or the consumer's agent or broker;
(iv) To accrue or recognize incentives or bonuses associated with the transaction that are provided by a licensee or any other party;
(v) To underwrite insurance at the consumer's request or for any of the following purposes as they relate to a consumer's insurance: Account administration, reporting, investigating or preventing fraud or material misrepresentation, processing premium payments, processing insurance claims, administering insurance benefits, including utilization review activities, participating in research projects, or as otherwise required or specifically permitted by federal or state law; or
(vi) In connection with:
(A) The authorization, settlement, billing, processing, clearing, transferring, reconciling, or collection of amounts charged, debited, or otherwise paid using a debit, credit, or other payment card, check, or account number, or by other payment means;
(B) The transfer of receivables, accounts, or interests therein; or
(C) The audit of debit, credit, or other payment information.
Source
Laws 2001, LB 52, § 14.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-916 - Disclosure of health information; authorization required; when.

44-916.
Disclosure of health information; authorization required; when.
(1) On and after January 1, 2003, a licensee shall not disclose nonpublic personal health information about a consumer or customer unless an authorization is obtained from the consumer or customer whose nonpublic personal health information is sought to be disclosed.
(2) Nothing in this section shall prohibit, restrict, or require an authorization for the disclosure of nonpublic personal health information by a licensee for the performance of the following insurance functions by or on behalf of the licensee: (a) Claims administration; (b) claims adjustment and management; (c) detection, investigation, or reporting of actual or potential fraud, misrepresentation, or criminal activity; (d) underwriting; (e) policy placement or issuance; (f) loss control; (g) ratemaking and guaranty fund functions; (h) reinsurance and excess loss insurance; (i) risk management; (j) case management; (k) disease management; (l) quality assurance; (m) quality improvement; (n) performance evaluation; (o) provider credentialing verification; (p) utilization review; (q) peer review activities; (r) actuarial, scientific, medical, or public policy research; (s) grievance procedures; (t) internal administration of compliance, managerial, and information systems; (u) policyholder service functions; (v) auditing; (w) reporting; (x) database security; (y) administration of consumer disputes and inquiries; (z) external accreditation standards; (aa) the replacement of a group benefit plan or workers' compensation policy or program; (bb) activities in connection with a sale, merger, transfer, or exchange of all or part of a business or operating unit; (cc) any activity that permits disclosure without authorization pursuant to the federal Health Insurance Portability and Accountability Act privacy rules promulgated by the United States Department of Health and Human Services; (dd) disclosure that is required, or is one of the lawful or appropriate methods, to enforce the licensee's rights or the rights of other persons engaged in carrying out a transaction or providing a product or service that a consumer requests or authorizes; (ee) any activity otherwise permitted by law, required pursuant to governmental reporting authority, or to comply with legal process; and (ff) additional insurance functions as may be approved by adoption and promulgation of rules and regulations of the director to the extent they are necessary for appropriate performance of insurance functions and are fair and reasonable to the interest of consumers.
Source
Laws 2001, LB 52, § 16.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-917 - Authorization; requirements.

44-917.
Authorization; requirements.
(1) A valid authorization to disclose nonpublic personal health information pursuant to sections 44-916 to 44-920 shall be in written or electronic form and shall contain all of the following:
(a) The identity of the consumer or customer who is the subject of the nonpublic personal health information;
(b) A general description of the types of nonpublic personal health information to be disclosed;
(c) General descriptions of the parties to whom the licensee discloses nonpublic personal health information, the purpose of the disclosure, and how the information will be used;
(d) The signature of the consumer or customer who is the subject of the nonpublic personal health information or the individual who is legally empowered to grant authority and the date signed; and
(e) Notice of the length of time for which the authorization is valid and that the consumer or customer may revoke the authorization at any time and the procedure for making a revocation.
(2) An authorization for the purposes of sections 44-916 to 44-920 shall specify a length of time for which the authorization shall remain valid, which in no event shall be for more than twenty-four months.
(3) A consumer or customer who is the subject of nonpublic personal health information may revoke an authorization provided pursuant to sections 44-916 to 44-920 at any time, subject to the rights of an individual who acted in reliance on the authorization prior to notice of the revocation.
(4) A licensee shall retain the authorization or a copy thereof in the record of the individual who is the subject of nonpublic personal health information.
Source
Laws 2001, LB 52, § 17.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-918 - Authorization request; delivery requirements.

44-918.
Authorization request; delivery requirements.
A request for authorization and an authorization form may be delivered to a consumer or a customer as part of an opt out notice pursuant to section 44-909 if the request and the authorization form are clear and conspicuous. An authorization form is not required to be delivered to the consumer or customer or included in any other notices unless the licensee intends to disclose protected health information pursuant to subsection (1) of section 44-916.
Source
Laws 2001, LB 52, § 18.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-919 - Relationship to federal rules.

44-919.
Relationship to federal rules.
Irrespective of whether a licensee is subject to the federal Health Insurance Portability and Accountability Act privacy rule as promulgated by the United States Department of Health and Human Services, if a licensee complies with all requirements of the federal rule except for its effective date provision, the licensee shall not be subject to the provisions of sections 44-916 to 44-920.
Source
Laws 2001, LB 52, § 19.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-921 - Relationship to federal Fair Credit Reporting Act.

44-921.
Relationship to federal Fair Credit Reporting Act.
Nothing in the Privacy of Insurance Consumer Information Act shall be construed to modify, limit, or supersede the operation of 15 U.S.C. 1681 et seq., as such section existed on April 5, 2001, and no inference shall be drawn on the basis of the provisions of the act regarding whether information is transaction or experience information under 15 U.S.C. 1681a, as such section existed on April 5, 2001.
Source
Laws 2001, LB 52, § 21.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-922 - Discrimination; prohibited.

44-922.
Discrimination; prohibited.
(1) A licensee shall not unfairly discriminate against any consumer or customer because that consumer or customer has opted out from the disclosure of his or her nonpublic personal financial information pursuant to the Privacy of Insurance Consumer Information Act.
(2) A licensee shall not unfairly discriminate against a consumer or customer because that consumer or customer has not granted authorization for the disclosure of his or her nonpublic personal health information pursuant to the act.
Source
Laws 2001, LB 52, § 22.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-923 - Unfair trade practice.

44-923.
Unfair trade practice.
In addition to any other remedies available under the laws of this state, each violation of the Privacy of Insurance Consumer Information Act and any rules and regulations adopted and promulgated under the act shall be an unfair trade practice in the business of insurance subject to the Unfair Insurance Trade Practices Act.
Source
Laws 2001, LB 52, § 23.
Cross References
Unfair Insurance Trade Practices Act, see section 44-1521.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-924 - Rules and regulations.

44-924.
Rules and regulations.
(1) The director may adopt and promulgate rules and regulations to carry out the Privacy of Insurance Consumer Information Act.
(2) The director may adopt and promulgate rules and regulations to establish standards that licensees must meet in the development and implementation of administrative, technical, and physical safeguards to protect the security, confidentiality, and integrity of consumer and customer information.
Source
Laws 2001, LB 52, § 24;
Laws 2003, LB 216, § 6.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-925 - Compliance with act; required; when.

44-925.
Compliance with act; required; when.
(1) By July 1, 2001, a licensee shall provide an initial notice, as required by section 44-904, to consumers who are the licensee's customers on July 1, 2001, with regard to nonpublic personal financial information.
(2) Until July 1, 2002, a contract that a licensee has entered into with a nonaffiliated third party to perform services for the licensee or functions on the licensee's behalf satisfies the provisions of subdivision (1)(a)(ii) of section 44-913, even if the contract does not include a requirement that the third party maintain the confidentiality of nonpublic personal information, as long as the licensee entered into the agreement on or before July 1, 2000.
Source
Laws 2001, LB 52, § 25.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1072 - Fraternal benefit society.

44-1072.
Fraternal benefit society.
Any incorporated society, order, or supreme lodge, without capital stock, including one exempted under subdivision (1)(b) of section 44-10,109 whether incorporated or not, conducted solely for the benefit of its members and their beneficiaries and not for profit, operated on a lodge system with ritualistic form of work, having a representative form of government, and which provides benefits in accordance with sections 44-1072 to 44-10,109, is hereby declared to be a fraternal benefit society.
Source
Laws 1985, LB 508, § 1.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1073 - Terms, defined.

44-1073.
Terms, defined.
As used in sections 44-1072 to 44-10,109, unless the context otherwise requires:
(1) Benefit contract shall mean the agreement for provision of benefits authorized by section 44-1087, as that agreement is provided in the certificate described in subsection (1) of section 44-1090;
(2) 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;
(3) Certificate shall mean the document issued as written evidence of the benefit contract;
(4) Laws shall mean the society's articles of incorporation, constitution, and bylaws, however designated;
(5) Lodge shall mean subordinate member units of the society, known as camps, courts, councils, or branches or by any other designation;
(6) Premiums shall mean premiums, rates, dues, or other required contributions by whatever name known, which are payable under the certificate;
(7) Rules shall mean all rules, regulations, or resolutions adopted and promulgated by the supreme governing body or board of directors which are intended to have general application to the members of the society; and
(8) Society shall mean fraternal benefit society, unless otherwise indicated.
Source
Laws 1985, LB 508, § 2.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1074 - Lodge system; requirements.

44-1074.
Lodge system; requirements.
(1) A society shall be deemed to be 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 each month to further 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 and such children shall not have a voice or vote in the management of the society.
Source
Laws 1985, LB 508, § 3.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1075 - Representative form of government; requirements.

44-1075.
Representative form of government; requirements.
A society shall be deemed to have a representative form of government when:
(1) It has a supreme governing body constituted in one of the following ways:
(a) 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 of the votes and not less than the number of votes required to amend the society's laws. The assembly shall be elected and meet at least once every four 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; or
(b) 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 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;
(2) The officers of the society are elected either by the supreme governing body or by the board of directors;
(3) Only benefit members are eligible for election to the supreme governing body, the board of directors, or any intermediate assembly; and
(4) Each voting member shall have one vote and no vote may be cast by proxy.
Source
Laws 1985, LB 508, § 4.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1076 - Purposes and powers of society.

44-1076.
Purposes and powers of society.
(1) A society shall operate for the benefit of its members and their beneficiaries by:
(a) Providing benefits as specified in section 44-1087; 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 and promulgate 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.
Source
Laws 1985, LB 508, § 5.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1077 - Qualification for membership.

44-1077.
Qualification for membership.
(1) A society shall specify in its laws or rules:
(a) Eligibility standards for each and every class of membership, except that if benefits are provided on the lives of children, the minimum age for adult membership shall be set at not younger than fifteen nor older than twenty-one years of age;
(b) The process for admission to membership for each membership class; and
(c) The rights and privileges of each membership class, except 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 shall be personal to the member and shall not be assignable.
Source
Laws 1985, LB 508, § 6.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1078 - Location of office; meetings; communications to members; grievance procedures.

44-1078.
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 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 or more members have the same mailing address, an official publication mailed to one member shall be 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 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.
Source
Laws 1985, LB 508, § 7.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1080 - Membership; waiver of requirements.

44-1080.
Membership; waiver of requirements.
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.
Source
Laws 1985, LB 508, § 9.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1082 - Amendments to laws of society; procedure.

44-1082.
Amendments to laws of society; procedure.
(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 months from the date of submission thereof, a majority of the members voting shall have signified their consent to such amendment by one of the methods specified in this subsection.
(2) No amendment to the laws of any domestic society shall take effect unless approved by the Director of Insurance who shall approve such amendment if he or she 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 director shall disapprove any such amendment within sixty days after the filing of same, such amendment shall be considered approved. The approval or disapproval of the director shall be in writing and mailed to the secretary or corresponding officer of the society at its principal office. In case the director disapproves such amendment, the reasons for such disapproval shall be stated in such written notice.
(3) Within ninety days from the approval by the Director of Insurance, 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 a synopsis thereof, stating facts which show that such amendments or synopsis has been duly addressed and mailed, shall be prima facie evidence that such amendments or synopsis has been furnished the addressee.
(4) Every foreign or alien society authorized to do business in this state shall file with the Director of Insurance a duly certified copy of all amendments of, or additions to, its laws within ninety days after the enactment of the 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.
Source
Laws 1985, LB 508, § 11.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1083 - Creation of not-for-profit institution; authorized.

44-1083.
Creation of not-for-profit institution; authorized.
A society may create, maintain, and operate, or may establish organizations to operate, not-for-profit institutions to further the purposes permitted by subdivision (1)(b) of section 44-1076. 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.
Source
Laws 1985, LB 508, § 12.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1084 - Reinsurance; authorized.

44-1084.
Reinsurance; authorized.
(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 Director of Insurance, but no such society may reinsure substantially all of its insurance in force without the written permission of the director. 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 to or as a deduction from liability of a ceding society for reinsurance made, ceded, renewed, or otherwise becoming effective after September 6, 1985, 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) of this section, a society may reinsure the risks of another society in a consolidation or merger approved by the Director of Insurance pursuant to section 44-1085.
Source
Laws 1985, LB 508, § 13.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1086 - Conversion to mutual life insurance company.

44-1086.
Conversion to mutual life insurance company.
Any domestic fraternal benefit society may be converted and licensed as a mutual life insurance company by compliance with all the requirements of law. A plan of conversion shall be prepared in writing by the board of directors setting forth in full the terms and conditions of conversion. The affirmative vote of two-thirds of all members of the supreme governing body at a regular or special meeting shall be necessary for the approval of such plan. No such conversion shall take effect unless and until approved by the Director of Insurance who may give such approval if he or she finds that the proposed change is in conformity with the requirements of law and not prejudicial to the certificate holders of the society.
Source
Laws 1985, LB 508, § 15.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1087 - Benefits; authorized.

44-1087.
Benefits; authorized.
(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) Monument or tombstone benefits to the memory of deceased members; and
(g) Such other benefits as authorized for life insurers and which are not inconsistent with sections 44-1072 to 44-10,109.
(2) A society shall specify in its rules persons who may be issued, or covered by, the contractual benefits listed in subsection (1) of this section, 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.
Source
Laws 1985, LB 508, § 16.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1088 - Beneficiaries.

44-1088.
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. The portion of such benefits paid shall not exceed the sum of two thousand dollars.
(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. If the owner of the certificate is other than the insured, such proceeds shall be payable to such owner.
Source
Laws 1985, LB 508, § 17.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1091 - Nonforfeiture benefits; cash surrender values; certificate loans; other options.

44-1091.
Nonforfeiture benefits; cash surrender values; certificate loans; other options.
(1) For certificates issued prior to one year after September 6, 1985, the value of every paid-up nonforfeiture benefit and the amount of any cash surrender value, loan, or other option granted shall comply with the provisions of law applicable immediately prior to September 6, 1985.
(2) For certificates issued on or after one year from September 6, 1985, for which reserves are computed on the Commissioner's 1941 Standard Ordinary Mortality Table, the Commissioner's 1941 Standard Industrial 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, every paid-up nonforfeiture benefit and the amount of any cash surrender value, loan, or other option granted shall not be less than the corresponding amount ascertained in accordance with the laws of this state applicable to life insurers issuing policies containing like benefits based upon such tables.
Source
Laws 1985, LB 508, § 20.
Cross References
Mortality tables, see Appendix, Nebraska Revised Statutes, Volume 2A.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1092 - Investments.

44-1092.
Investments.
A society shall invest its funds only in such investments as are authorized by the laws of this state for the investment of assets of life insurers and subject to the limitations thereon. Any foreign or alien society permitted or seeking to do business in this state which invests its funds in accordance with the laws of the state, district, territory, country, or province in which it is incorporated shall be held to meet the requirements of this section for the investment of funds.
Source
Laws 1985, LB 508, § 21.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1093 - Establishment and disbursement of funds.

44-1093.
Establishment and disbursement of funds.
(1) All assets shall be held, invested, and disbursed for the use and benefit of the society and no member or beneficiary shall have or acquire individual rights or become entitled to any apportionment on the surrender of any part of such 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 such society.
(3) A society may, pursuant to resolution of its supreme governing body, 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 such accounts and issuing such contracts. To the extent the society deems it necessary in order to comply with any applicable federal or state laws, or any rules issued thereunder, the society (a) may adopt special procedures for the conduct of the business and affairs of a separate account, (b) may, for persons having beneficial interests therein, 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, and (c) may issue contracts on a variable basis to which subsections (2) and (4) of section 44-1090 shall not apply.
Source
Laws 1985, LB 508, § 22.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1094 - Other insurance laws, how construed.

44-1094.
Other insurance laws, how construed.
Societies shall be governed by sections 44-1072 to 44-10,109 and shall be exempt from all other provisions of the insurance laws of this state unless they are expressly designated therein or unless such provisions are specifically made applicable by sections 44-1072 to 44-10,109.
Source
Laws 1985, LB 508, § 23.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1095 - Funds and property; exempt from taxation.

44-1095.
Funds and property; exempt from taxation.
Every society organized or licensed under sections 44-1072 to 44-10,109 shall be a charitable and benevolent institution, and all of its funds and property shall be exempt from all and every state, county, district, municipal, and school tax.
Source
Laws 1985, LB 508, § 24;
Laws 2015, LB414, § 1.
Annotations
This section does not exempt a fraternal benefit society from paying sales and use taxes. Woodmen of the World v. Nebraska Dept. of Rev., 299 Neb. 43, 907 N.W.2d 1 (2018).
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1096 - Standards of valuation.

44-1096.
Standards of valuation.
(1) Standards of valuation for certificates issued prior to one year after September 6, 1985, shall be those standards provided by the laws applicable immediately prior to September 6, 1985.
(2) The minimum standards of valuation for certificates issued on or after one year from September 6, 1985, shall be based on the following tables:
(a) For certificates of life insurance: (i) The Commissioner's 1941 Standard Ordinary Mortality Table; (ii) the Commissioner's 1941 Standard Industrial Mortality Table; (iii) the Commissioner's 1958 Standard Ordinary Mortality Table; (iv) the Commissioner's 1980 Standard Ordinary Mortality Table; or (v) any more recent table made applicable to life insurers; and
(b) For annuity and pure endowment certificates, total and permanent disability benefits, accidental death benefits, and noncancelable accident and health benefits, such tables as are authorized for use by life insurers in this state.
All of the standards of valuation listed in this subsection shall be under valuation methods and standards, including interest assumptions, in accordance with the laws of this state applicable to life insurers issuing policies containing like benefits.
(3) The Director of Insurance may, in his or her discretion, accept other standards for valuation if he or she finds that the reserves produced thereby will not be less in the aggregate than reserves computed in accordance with the minimum valuation standard prescribed in this section. The director may, in his or her discretion, vary the standards of mortality applicable to all benefit contracts on substandard lives or other extra hazardous lives by any society authorized to do business in this state.
(4) Any society, with the consent of the Director of Insurance of the state of domicile of the society and under such conditions, if any, which he or she may impose, may establish and maintain reserves on its certificates in excess of the reserves required, but the contractual rights of any benefit member shall not be affected thereby.
Source
Laws 1985, LB 508, § 25.
Cross References
Mortality tables, see Appendix, Nebraska Revised Statutes, Volume 2A.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1097 - Reports.

44-1097.
Reports.
Reports shall be filed in the following manner:
(1) Every society transacting business in this state shall annually, on or before the first day of March, unless for cause shown such time has been extended by the Director of Insurance, file with the director a true statement of its financial condition, transactions, and affairs for the preceding calendar year and pay a filing fee in an amount determined by the director. The statement shall be in general form and context as approved by the National Association of Insurance Commissioners for fraternal benefit societies and as supplemented by additional information required by the director;
(2) As part of the annual statement, each society shall, on or before the first day of March, file with the Director of Insurance a valuation of its certificates in force on the preceding December 31, except that the director may, in his or her discretion for cause shown, extend the time for filing such valuation for not more than two calendar months. Such valuation shall be done in accordance with the standards specified in section 44-1096. Such valuation and underlying data shall 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; and
(3) A society neglecting to file the annual statement in the form and within the time provided by this section shall forfeit one hundred dollars for each day during which such neglect continues and, upon notice by the Director of Insurance to that effect, its authority to do business in this state shall cease while such default continues.
Source
Laws 1985, LB 508, § 26.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-1098 - Annual license; fee.

44-1098.
Annual license; fee.
Societies which are authorized to transact business in this state immediately prior to September 6, 1985, may continue such business until April 1, 1986. The authority of such societies and all societies hereafter licensed may be renewed annually, but in all cases to terminate on the first day of the succeeding April, except that a license so issued 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 a fee of fifty dollars to the Director of Insurance. A duly certified copy or duplicate of such license shall be prima facie evidence that the licensee is a fraternal benefit society within the meaning of sections 44-1072 to 44-10,109.
Source
Laws 1985, LB 508, § 27.