reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3919 | Mutual Protective Insurance Upon Persons › Section 3919.23 | Revocation of Authority.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The certificate of authority issued under section 3919.22 of the Revised Code shall be revoked whenever the superintendent of insurance on investigation or examination finds that such corporation, company, or association is not paying the maximum amount named in its policies or certificates in full, that such corporation, company, or association is transacting business fraudulently or illegally, or that the statement of its condition and affairs required by section 3919.25 of the Revised Code is false and fraudulent. The superintendent may also revoke such certificate of authority for failure to file the annual statement, or when upon investigation it appears that the expense of management of such company or association, for the year preceding the year in which such investigation is made, was more than thirty per cent of its income from premiums, assessments, and membership fees. Upon such revocation, the superintendent shall cause notice thereof to be published for four weeks in some newspaper published in the county of Franklin, and no new insurance shall thereafter be written by such corporation, company, or association, or any of its agents, in this state.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3919 | Mutual Protective Insurance Upon Persons › Section 3919.24 | Prohibition Against Agents of Foreign Companies.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No agent of any corporation, company, or association described in section 3919.21 of the Revised Code shall transact business in this state without being first regularly appointed by such organization and without being licensed by a certificate of authority issued by the superintendent of insurance.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3919 | Mutual Protective Insurance Upon Persons › Section 3919.25 | Annual Statement by Foreign Company.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Each corporation, company, or association described in section 3919.21 of the Revised Code annually after its admittance to transact business in this state, on or before the first day of March, shall make and file in the office of the superintendent of insurance a statement, in the form required by the superintendent, of its business for the twelve months next preceding the thirty-first day of December of the preceding year.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3919 | Mutual Protective Insurance Upon Persons › Section 3919.26 | Fees - Exceptions.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The fees to be paid by each corporation, company, or association described in section 3919.21 of the Revised Code to the superintendent of insurance, for the authority granted by him to it and its agents under the license to transact business in this state, shall be as follows:
(A) For filing a copy of the charter or articles of incorporation, twenty-five dollars;
(B) For filing each annual statement, twenty dollars;
(C) For issuing a certificate of authority or license to the company or association, one dollar;
(D) For issuing a license to each agent, one dollar;
(E) For affixing a seal and certifying any paper, one dollar.
Any company or association may pay to the superintendent the sum of twenty-five dollar for licenses issued to its agents for the year, and by so doing is entitled without further charge to licenses for as many agents as it may choose to appoint for that year. When any other state or country imposes any obligations in excess of those imposed by sections 3919.01 to 3919.41, inclusive, of the Revised Code, upon any such corporation of this state, a like obligation shall be imposed on similar corporations, and their agents, of such state or country doing business in this state.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3919 | Mutual Protective Insurance Upon Persons › Section 3919.27 | Life and Accident Business on Assessment Plan.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Any corporation, company, or association described in section 3919.21 of the Revised Code which is transacting business in this state is subject only to sections 3919.01 to 3919.41, inclusive, of the Revised Code, which provide for the organization of mutual protective associations, and may transact in this state the business of life or accident or life and accident insurance on the assessment plan, for the purpose of mutual protection and relief of its members, and for the payment of stipulated sums of money to the families, heirs, executors, administrators, or assigns of the deceased members of such corporation, company, or association as the members may direct, notwithstanding such corporation, company, or association may have been organized on the assessment plan and authorized by the laws governing it to issue policies insuring lives on the plan of assessment upon surviving members without limitation.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3919 | Mutual Protective Insurance Upon Persons › Section 3919.28 | Action Brought - Service of Summons.

Effective:
January 9, 1961
Latest Legislation:
House Bill 1 - 104th General Assembly
An action may be brought against a corporation, company, or association organized under section 3919.01 of the Revised Code, or against any foreign corporation, company, or association described in section 3919.21 of the Revised Code doing business in this state, in any county where such cause of action arises, and summons may be issued and service had as provided by law for the issuance and service of such writs in the court of common pleas.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3919 | Mutual Protective Insurance Upon Persons › Section 3919.29 | Restrictions on Issuance of Policies.

Effective:
March 31, 2003
Latest Legislation:
Senate Bill 245 - 124th General Assembly
No corporation, company, or association organized under section 3919.01 of the Revised Code shall issue a certificate or policy to any person, until such person has first been subjected to a thorough medical examination by a physician, a physician assistant, a clinical nurse specialist, a certified nurse practitioner, or a certified nurse-midwife and found to be a good risk, nor shall it issue a certificate or policy to any person above the age of sixty-five years or under the age of fifteen years. Any written documentation of the physical examination shall be completed by the individual who conducted the examination.
This section, in respect to the age and medical examination of persons to whom certificates or policies may issue, does not apply to such corporations, companies, or associations doing purely accident business.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3919 | Mutual Protective Insurance Upon Persons › Section 3919.30 | Expenses.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The expenses of a corporation, company, or association organized under section 3919.01 of the Revised Code must be met by fixed annual payments, or by assessments made and designated to be for such expenses; such assessments in no case shall be made or become a part of assessments to pay a loss by death. No part of the mortuary fund in any case shall be used to pay expenses.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3919 | Mutual Protective Insurance Upon Persons › Section 3919.31 | Organization of Accident and Health Insurance Companies.

Effective:
October 23, 1991
Latest Legislation:
House Bill 16 - 119th General Assembly
Companies consisting of five or more citizens of this state may be organized under sections 3919.01 to 3919.38 of the Revised Code for the special purpose of insuring against accidental personal injury and loss of life sustained while traveling by railroad, steamboat, or other mode of conveyance, and against accidental loss of life and personal injury sustained by accident of any description whatever, and against expenses and loss of time occasioned by injury or sickness. The insurance may be on the terms and conditions, and for the periods of time, and confined to the countries, localities, and persons, that may at any time be provided for in the bylaws of the company.
This section does not prohibit accident and health insurance companies, organized under this section, from issuing life insurance when their surplus equals one hundred thousand dollars or more, provided that when such accident or accident and sickness insurance companies have become qualified to issue life insurance, they shall conform to and be controlled by Chapters 3911. and 3915. of the Revised Code, in the issuance of the life insurance.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3919 | Mutual Protective Insurance Upon Persons › Section 3919.32 | Restriction Against New Accident and Health Companies.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No corporation, company, or association shall be organized in this state or admitted to do business in this state to transact the business of sickness and accident insurance, as provided in section 3919.31 of the Revised Code, or accident insurance, as provided in section 3919.35 of the Revised Code.
This section does not prevent the renewal of the certificates of authority of companies authorized to do such business in this state prior to May 26, 1939.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3919 | Mutual Protective Insurance Upon Persons › Section 3919.33 | Expenses - Separation of Funds.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The expenses of corporations, companies, or associations referred to in section 3919.31 of the Revised Code shall be met by fixed annual payments, payable quarterly or otherwise, or by assessments on the members, payable as provided in the bylaws. On either plan there may be included, in such payments or assessments, a certain per cent thereof, to be fixed by the bylaws, which when collected must be credited on the books of the company to the expense fund, and the residue of such payments or assessments must be credited to the fund to pay losses and create a reserve or guarantee fund for the payment of losses and liabilities. Such funds must be kept separate and never shall be interchanged or used for purposes other than those for which they were respectively collected; except that funds collected, but not required for expenses, may be transferred to the fund for payment of losses or the reserve or guarantee fund. The assessed member shall be notified at the time of the collection of each payment, the per cent thereof that is collected to pay expenses, and the per cent thereof that is collected to pay losses and create a guarantee fund.
This section does not prevent the company from distributing to certificate holders the surplus in the accident fund and the surplus arising from the reserve on lapsed and canceled certificates, as provided by the bylaws of the company.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3919 | Mutual Protective Insurance Upon Persons › Section 3919.34 | Bond.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A company organized under section 3919.31 of the Revised Code, before engaging in business, must execute a bond in the sum of one hundred thousand dollars to the state, with security to the acceptance and approval of the superintendent of insurance, for the use and benefit of all persons holding policies or certificates in such company. Said bond shall be conditioned that any such company shall credit upon its books all moneys received by it under this section and section 3919.33 of the Revised Code, that it will keep the funds separate and not use or interchange them for purposes other than those for which they were respectively collected, and that it will apply and pay out such funds to and for the purposes provided for in section 3919.33 of the Revised Code. When so executed and approved, the bond shall be deposited with and held by the superintendent.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3919 | Mutual Protective Insurance Upon Persons › Section 3919.35 | Bond of Accident Insurance Only Company.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A corporation, company, or association which is organized for the purpose of doing a purely accident insurance business, and which creates a reserve or guarantee fund from the premiums collected by assessments or otherwise, as provided in its bylaws, is not required to deposit a bond of one hundred thousand dollars; but the treasurer of such organization, before it commences business, shall deposit with the superintendent of insurance a bond with approved securities, to his acceptance, in the sum of ten thousand dollars, for the use and purposes provided in section 3919.34 of the Revised Code.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3919 | Mutual Protective Insurance Upon Persons › Section 3919.36 | Investment of Reserve Fund.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Every corporation, company, or association referred to in section 3919.31 of the Revised Code shall invest, as provided by law for domestic life insurance companies, so much of the reserve or guarantee fund, in excess of ten thousand dollars, as will equal at least two and one-half per cent of all premiums or assessments collected from policies or certificates in force, on the last days of June and December of each year, until such reserve or guarantee fund is equal to two dollars for every five thousand dollars of insurance in force. Securities for such reserve shall be deposited with the superintendent of insurance on the last days of June and December of each year, or within thirty days thereafter, to be held by him for the benefit and protection of policyholders or certificate holders.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3919 | Mutual Protective Insurance Upon Persons › Section 3919.37 | Release of Security.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If a corporation, company, or association referred to in section 3919.31 of the Revised Code at any time causes all of its unexpired policies or certificates to be paid, canceled, or reinsured, and all its liabilities under such policies or certificates to be extinguished thereby, or to be assumed by some other responsible company authorized to do business in this state, the superintendent of insurance shall deliver to it the securities required by section 3919.36 of the Revised Code, on application of such company, verified by the oath of its president or secretary, and if the superintendent is satisfied by an examination of its books and officers, under oath, that all of its policies or certificates are so paid, canceled, extinguished, or reinsured.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3919 | Mutual Protective Insurance Upon Persons › Section 3919.38 | Annual Statement by Accident Insurance Company.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Annually, before the first day of March, every corporation, company, or association referred to in section 3919.31 of the Revised Code shall file with the superintendent of insurance a statement under the oath of its officers showing its transactions for the year ending on the thirty-first day of December preceding, and its condition on that day, in the form prescribed by the superintendent.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3919 | Mutual Protective Insurance Upon Persons › Section 3919.39 | Mutual Benefit Societies Excepted.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Sections 3919.16 to 3919.38, inclusive, of the Revised Code do not apply to any association of religious or secret societies, or to any class of mechanics, express, telegraph, or railroad employees, or of ex-union soldiers, formed for the mutual benefit of the member thereof and their families or blood relatives exclusively, or for purely charitable purposes.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3919 | Mutual Protective Insurance Upon Persons › Section 3919.40 | Mutual Benefit Societies Subject to Insurance Laws.

Effective:
August 8, 1991
Latest Legislation:
Senate Bill 137 - 119th General Assembly
Any association or class described in section 3919.39 of the Revised Code which desires to become subject to sections 3919.16 to 3919.19 of the Revised Code, may file with the superintendent of insurance notice thereof in writing, signed by its president and attested by its secretary. Thereupon such association or class shall become subject to such sections. The superintendent immediately must provide such an association or class with proper blanks for furnishing the statement of its condition required by section 3919.16 of the Revised Code, and it shall make such report within sixty days after it has received such blanks, and annually thereafter as in the case of other insurance companies, which report shall be included by the superintendent in his annual report, the same as the reports of other companies, and shall be subject to the fees prescribed by law in like cases payable by life insurance companies.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3919 | Mutual Protective Insurance Upon Persons › Section 3919.41 | Bond of Treasurer.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The treasurer of any association or class described in section 3919.39 of the Revised Code which avails itself of the benefits of sections 3919.16 to 3919.38, inclusive, of the Revised Code, shall give bond in the manner provided for treasurers of mutual benefit companies, such bond to be conditioned, approved, and renewed as by such treasurer.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3921 | Fraternal Benefit Societies › Section 3921.01 | Fraternal Benefit Society Definitions.

Effective:
January 1, 1997
Latest Legislation:
House Bill 468 - 121st General Assembly
As used in this chapter:
(A) "Benefit contract" means an agreement, as described in division (A) of section 3921.19 of the Revised Code, under which a fraternal benefit society agrees to provide any benefit set forth in division (A) of section 3921.16 of the Revised Code.
(B) "Benefit member" means an adult member of a fraternal benefit society who is designated by the laws or rules of the society to be eligible for benefits under a benefit contract.
(C) "Certificate" means the document issued as written evidence of the benefit contract.
(D) "Laws," unless the context indicates otherwise, means the articles of incorporation, charter, constitution, and bylaws, however designated, of a fraternal benefit society.
(E) "Lodge" means the subordinate member units of a fraternal benefit society, known as camps, courts, councils, branches, or by any other designation.
(F) "Premium" means the premiums, rates, dues, or other required contributions payable under the certificate.
(G) "Rules," unless the context indicates otherwise, means the rules, regulations, or resolutions adopted by the supreme governing body or board of directors of a fraternal benefit society that are intended to have general application to all of the members of the society.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3921 | Fraternal Benefit Societies › Section 3921.02 | Fraternal Benefit Society Requirements.

Effective:
January 1, 1997
Latest Legislation:
House Bill 468 - 121st General Assembly
Any incorporated society, order, or supreme lodge, without capital stock, including one exempted under division (A)(2) of section 3921.37 of the Revised Code 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 providing benefits in accordance with this chapter, is hereby declared to be a fraternal benefit society.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3921 | Fraternal Benefit Societies › Section 3921.03 | Lodge System.

Effective:
January 1, 1997
Latest Legislation:
House Bill 468 - 121st General Assembly
(A) For purposes of section 3921.02 of the Revised Code, 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. The subordinate lodges shall be required by the laws of the society to hold regular meetings at least once in each month in furtherance of the purposes of the society.
(B) A society may organize and operate lodges for children under the minimum age for adult membership. Such children shall not be required to be members of local lodges, nor shall they be given a voice or vote in the management of the society.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3921 | Fraternal Benefit Societies › Section 3921.04 | Representative Form of Government.

Effective:
January 1, 1997
Latest Legislation:
House Bill 468 - 121st General Assembly
For purposes of section 3921.02 of the Revised Code, a fraternal benefit society has a representative form of government if all of the following apply:
(A) The society has a supreme governing body constituted in either of the following ways:
(1) As 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 by 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 a majority of the votes and not less than the number of votes required to amend the society's laws. The assembly shall be elected and shall meet at least once every four years, and shall elect a board of directors to conduct the business of the society between meetings of the assembly. Vacancies on the board occurring between elections shall be filled in the manner prescribed by the society's laws.
(2) As a board composed of persons elected by the members, either directly or by their representatives in intermediate assemblies, and any other persons prescribed by the society's laws. A society may provide for election of the board by mail. 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. Terms of office shall not exceed four years. The board shall meet at least quarterly to conduct the business of the society.
Vacancies on the board occurring between elections shall be filled in the manner prescribed by the society's laws. A person filling the unexpired term of an elected board member shall be considered an elected member.
(B) The officers of the society are elected by the supreme governing body or the board of directors.
(C) Only benefit members are eligible for election to the supreme governing body, the board of directors, or any intermediate assembly.
(D) Each voting member has one vote, and no vote may be cast by proxy.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3921 | Fraternal Benefit Societies › Section 3921.05 | Purpose of Fraternal Benefit Society.

Effective:
January 1, 1997
Latest Legislation:
House Bill 468 - 121st General Assembly
(A) A fraternal benefit society shall operate for the benefit of its members and their beneficiaries by providing any of the benefits set forth in section 3921.16 of the Revised Code, and by operating for social, intellectual, educational, charitable, benevolent, moral, fraternal, patriotic, or religious purposes for the benefit of its members and any other persons as determined by the society. Such purposes may be carried out either directly by the society or indirectly through subsidiary corporations or affiliated organizations.
(B) A fraternal benefit society may do any of the following:
(1) Adopt laws and rules for the government of the society, the admission of its members, and the management of its affairs;
(2) Amend or otherwise alter its laws and rules;
(3) Take any other action necessary and incidental to carrying out the objectives and purposes of the society.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3921 | Fraternal Benefit Societies › Section 3921.06 | Membership Rights.

Effective:
January 1, 1997
Latest Legislation:
House Bill 468 - 121st General Assembly
(A) A fraternal benefit society shall specify all of the following in its laws or rules:
(1) Eligibility standards for each membership class, provided that if benefits are provided on the lives of children, the minimum age for adult membership shall be set at not less than fifteen years of age and not greater than twenty-one years of age;
(2) The process for admission to membership for each membership class;
(3) The rights and privileges of each membership class, provided that only benefit members shall have the right to vote on the management of the insurance affairs of the society.
(B) A society may admit social members who have no voice or vote in the management of the insurance affairs of the society.
(C) Membership rights in a society are personal to the member and are not assignable.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3921 | Fraternal Benefit Societies › Section 3921.07 | Organization of Society.

Effective:
January 1, 1997
Latest Legislation:
House Bill 468 - 121st General Assembly
(A) The principal office of any domestic fraternal benefit society shall be located in this state. The meetings of its supreme governing body may be held in any state, district, province, or territory in which the society has at least one subordinate lodge, or in any other location determined by the supreme governing body, and all business transacted at such meetings is as valid in all respects as if the meetings were held in this state.
(B) The minutes of the proceedings of the supreme governing body and of the board of directors shall be recorded in the English language.
(C) 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 its members, including notice of election, may be published. Any such notice, report, or statement 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 is deemed to be mailed to all members that have the same address unless one of those members requests a separate copy.
(D) Not later than the first day of June of each year, each society shall either mail to each benefit member or publish in the society's official publication a synopsis of the society's annual statement. The synopsis shall include an explanation of the facts concerning the condition of the society as disclosed in the annual statement.
(E) A society may set forth in its laws or rules a grievance or complaint procedure for its members.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3921 | Fraternal Benefit Societies › Section 3921.09 | Limitation on Powers or Authority.

Effective:
January 1, 1997
Latest Legislation:
House Bill 468 - 121st General Assembly
The laws of a fraternal benefit 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.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3921 | Fraternal Benefit Societies › Section 3921.102 | Maintenance of Solvency.

Effective:
April 6, 2023
Latest Legislation:
House Bill 575 - 134th General Assembly
(A) In the event a domestic fraternal benefit society has an authorized control level RBC as defined in section 3903.81 of the Revised Code or fails to comply with section 3921.101 of the Revised Code, the society shall present to the superintendent of insurance a plan to protect the interests of the society members not later than forty-five days following such an event. The plan shall provide for the transfer of all members, certificates, and other assets and liabilities of the society to another fraternal benefit society or other insurer through merger, consolidation, assumption, or any other means. The plan shall designate a period of time in which the transfer must be completed. Any transfer is subject to approval by the superintendent.
(B)(1) Any transfer under division (A) of this section shall constitute a novation of the transferring society's certificates effective on the date of transfer. The society shall ensure that the transfer is concluded within the time period approved by the superintendent. A transfer under division (A) of this section shall be considered fully approved by the society upon a majority vote of the society's board of directors, notwithstanding section 3921.14 of the Revised Code or any other law or regulation that requires notice to or approval by the society's members or supreme governing body. The society shall make any necessary amendments to its laws to recognize this authority of the board not later than the next meeting of the society's supreme governing body. The transferring society shall provide notice to its members of the transfer by mail or in the society's official publication not later than thirty days after the transfer is approved by the superintendent.
(2) Notwithstanding any law or regulation to the contrary and any law of the society, the board of directors of a society may, with the approval of the superintendent, suspend or modify the qualifications for membership in the society as necessary to facilitate a transfer under division (A) of this section.
(3) Upon the effective date of a transfer to an organization that is not a fraternal benefit society and in consideration for the transfer, each member of the society is considered to agree that any terms of a certificate subjecting the certificate to the laws of the society or providing for the maintenance of the society's solvency, except to the extent of any outstanding lien not released by the terms of the transfer, are null and void. The assuming organization shall endorse the certificate accordingly.
Last updated January 31, 2023 at 5:28 PM
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3921 | Fraternal Benefit Societies › Section 3921.11 | Amendment of Laws.

Effective:
January 1, 1997
Latest Legislation:
House Bill 468 - 121st General Assembly
(A) A domestic fraternal benefit 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 of that body or, if its laws so provide, by referendum. A 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 after the date of submission, a majority of the members voting have signified their consent to the amendment by one of the methods specified in this section.
(B) No amendment to the laws of any domestic society shall take effect unless approved by the superintendent of insurance, who shall approve the amendment if the superintendent finds that it has been duly adopted and is not inconsistent with any requirement of the laws of this state or with the character, objects, and purposes of the society. Unless the superintendent disapproves an amendment within sixty days after its filing, the amendment shall be considered to be approved. The approval or disapproval of the superintendent shall be in writing and shall be mailed to the secretary or corresponding officer of the society at its principal office. If the superintendent disapproves the amendment, the reasons for the disapproval shall be stated in the written notice.
(C) Within ninety days after an amendment is approved by the superintendent, the amendment or a synopsis of the amendment 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 an amendment or synopsis, stating facts that show that the amendment or synopsis has been duly addressed and mailed, is prima facie evidence that the amendment or synopsis has been furnished the addressee.
(D) Every foreign or alien society authorized to do business in this state shall file with the superintendent a duly certified copy of all amendments of, or additions to, its laws within ninety days after their enactment.
(E) Printed copies of the laws as amended, certified by the secretary or corresponding officer of the society, are prima facie evidence of their legal adoption.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3921 | Fraternal Benefit Societies › Section 3921.12 | Operating Charitable, Benevolent, or Educational Institutions for Benefit of Members.

Effective:
January 1, 1997
Latest Legislation:
House Bill 468 - 121st General Assembly
(A) A fraternal benefit society may create, maintain, and operate charitable, benevolent, or educational institutions for the benefit of its members and their families and dependents and for the benefit of children insured by the society. For such purpose it may own, hold, or lease personal property or real property located within or without this state, with necessary buildings. The property shall be reported in every annual statement but shall not be allowed as an admitted asset of the society, unless, after excluding such asset, its assets exceed its reserves by at least ten per cent.
(B) Maintenance, treatment, and proper attendance in any institution described in division (A) of this section may be furnished free or for a reasonable charge, but an institution shall not be operated for profit. The society shall maintain a separate accounting of any income and disbursements under this section and report them in its annual statement.
(C) No society shall own or operate funeral homes or undertaking establishments.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3921 | Fraternal Benefit Societies › Section 3921.13 | Reinsurance Agreements.

Effective:
January 1, 2013
Latest Legislation:
House Bill 341 - 129th General Assembly
(A) A domestic fraternal benefit 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 superintendent of insurance; however, no society may reinsure substantially all of its insurance in force without the written permission of the superintendent. It may take credit for the reserves on the ceded risks to the extent reinsured, but no credit shall be allowed as an admitted asset or as a deduction from liability, to a ceding society for reinsurance made, ceded, renewed, or otherwise becoming effective after January 1, 1997, 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.
(B) Notwithstanding division (A) of this section, a society may reinsure the risks of another society in a consolidation or merger approved by the superintendent under section 3921.14 of the Revised Code.
(C) A society with assets of less than five billion dollars that provides contract benefits of major medical, medicare supplemental, or long-term care pursuant to division (A)(5) of section 3921.16 of the Revised Code shall reinsure not less than fifty per cent of the risk arising from those contracts if the society's riskbased capital is less than three hundred per cent.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3921 | Fraternal Benefit Societies › Section 3921.15 | Fraternal Society Converted and Licensed as Mutual Life Insurance Company.

Effective:
January 1, 1997
Latest Legislation:
House Bill 468 - 121st General Assembly
Any domestic fraternal benefit society may be converted and licensed as a mutual life insurance company by compliance with all the applicable requirements of Chapter 3913. of the Revised Code, if the plan of conversion has been approved by the superintendent of insurance. If the society's supreme governing body is constituted as an assembly, the plan shall be prepared in writing by the board of directors and shall set forth in full the terms and conditions of the conversion. If the society's supreme governing body is constituted as a board, the plan shall be prepared in writing by persons designated by the board and shall set forth in full the terms and conditions of the conversion. The plan shall be submitted to the supreme governing body of the society at any regular or special meeting, by giving a complete copy of the plan with the notice of the meeting as provided in the laws of the society. 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 the plan. The conversion shall not take effect until approved by the superintendent, who may give approval if the superintendent finds that the proposed change is in conformity with the requirements of the law and is not prejudicial to the certificate holders of the society.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3921 | Fraternal Benefit Societies › Section 3921.16 | Contractual Benefits Provided by Society.

Effective:
January 1, 1997
Latest Legislation:
House Bill 468 - 121st General Assembly
(A) A fraternal benefit society may provide any of the following contractual benefits in any form:
(1) Death benefits;
(2) Endowment benefits;
(3) Annuity benefits;
(4) Temporary or permanent disability benefits;
(5) Hospital, medical, or nursing benefits;
(6) Monument or tombstone benefits to the memory of deceased members;
(7) Any other benefit that may be provided by a life insurer and that is not inconsistent with this chapter, if the provision of that benefit has received the prior approval of the superintendent of insurance.
(B) A society shall specify in its rules those persons who may be issued, or covered by, the contractual benefits set forth in division (A) of this section, consistent with providing benefits to members and their dependents. A society may, upon application of an adult member, provide benefits on the lives of children under the minimum age for adult membership.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3921 | Fraternal Benefit Societies › Section 3921.17 | Designation of Beneficiaries.

Effective:
January 1, 1997
Latest Legislation:
House Bill 468 - 121st General Assembly
(A) The owner of a benefit contract may at any time change the beneficiary in accordance with the laws or rules of the fraternal benefit 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.
(B) 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 to the payment by reason of having incurred expense occasioned by the burial of the member; however, the portion paid shall not exceed ten thousand dollars.
(C) If, at the death of any person insured under a benefit contract, there is no lawful beneficiary to whom the proceeds are payable, the amount of the benefit, except to the extent that funeral benefits may be paid as provided in division (B) of this section, shall be payable to the estate of the deceased insured in the same manner as other property that is not exempt. However, if the owner of the certificate is other than the insured, the proceeds shall be payable to the owner.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3921 | Fraternal Benefit Societies › Section 3921.18 | Exemption of Benefits From Attachment or Garnishment.

Effective:
January 1, 1997
Latest Legislation:
House Bill 468 - 121st General Assembly
No money or other benefit, charity, relief, or aid to be paid, provided, or rendered by any fraternal benefit society, shall be liable to attachment, garnishment, or other process, or shall be seized, taken, appropriated, or applied by any legal or equitable process or operation of law to pay any debt or liability of a member or beneficiary, or any other person who may have a right, either before or after payment by the society.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3921 | Fraternal Benefit Societies › Section 3921.191 | Disclosure for Applicants for Contractual Benefits.

Effective:
September 6, 2012
Latest Legislation:
House Bill 341 - 129th General Assembly
(A) A fraternal benefit society shall provide an applicant for contractual benefits a disclosure statement at the time of sale substantially as follows:
"__________ (Name of the fraternal benefit society) IS LICENSED TO DO BUSINESS IN THE STATE OF OHIO. AS A ________ (not-for-profit, tax-exempt, self-governing, or membership organization), FRATERNAL BENEFIT SOCIETIES ARE NOT INCLUDED IN THE OHIO GUARANTY ASSOCIATION. THIS MEANS THAT FRATERNAL BENEFIT SOCIETIES CANNOT BE ASSESSED FOR THE INSOLVENCY OF OTHER LIFE INSURERS OR OTHER FRATERNAL BENEFIT SOCIETIES. BY LAW, A FRATERNAL BENEFIT SOCIETY IS RESPONSIBLE FOR ITS OWN SOLVENCY. IF THERE IS AN IMPAIRMENT OF RESERVES, A CERTIFICATE HOLDER MAY BE ASSESSED A PROPORTIONATE SHARE OF THE IMPAIRMENT. THIS PROCESS IS DESCRIBED IN THE CERTIFICATE ISSUED BY THE SOCIETY."
(B) The statement must be signed by the applicant and maintained in the certificate or contract file by the fraternal benefit society. The statement may be part of the society's membership application or certificate or policy application.
(C) This section is applicable only to new business written by a fraternal benefit society after the effective date of this section.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3921 | Fraternal Benefit Societies › Section 3921.20 | Paid-Up Nonforfeiture Benefit - Cash Surrender Value.

Effective:
January 1, 1997
Latest Legislation:
House Bill 468 - 121st General Assembly
(A) In the case of certificates that are delivered or issued for delivery in this state on or after January 1, 1997, but prior to January 1, 1998, 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 requirements that would have applied under the laws in effect on December 31, 1996.
(B) In the case of certificates that are delivered or issued for delivery in this state on or after January 1, 1998, 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 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.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3921 | Fraternal Benefit Societies › Section 3921.21 | Investment of Funds.

Effective:
September 4, 2014
Latest Legislation:
Senate Bill 140 - 130th General Assembly
(A) Except as provided in division (B) of this section, a fraternal benefit society shall invest its funds only in such investments as are authorized by section 3907.14 of the Revised Code 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 that invests its funds in accordance with the laws of the state, district, territory, country, or province in which it is incorporated, is held to meet the requirements of this section for the investment of funds.
(B) A fraternal benefit society may seek permission from the superintendent of insurance to invest funds under Chapter 3906. of the Revised Code and may invest funds under that chapter if such permission is granted.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3921 | Fraternal Benefit Societies › Section 3921.22 | No Individual Right to Assets.

Effective:
January 1, 2013
Latest Legislation:
House Bill 341 - 129th General Assembly
(A) A fraternal benefit society shall hold, invest, and disburse all assets for the use and benefit of the society. No member or beneficiary shall have or acquire individual rights to the assets, or be entitled to any apportionment on the surrender of any part of the assets, except as provided in the benefit contract.
(B) 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. No society shall, directly or indirectly, pay or use, or offer, consent, or agree to pay or use, any of its funds, money, or property for or in aid of any political party, campaign committee, political action committee, continuing association, or any other political organization.
(C) 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 that establish such accounts and issue such contracts including those described in section 3911.011 of the Revised Code. To the extent the society considers it necessary in order to comply with any applicable federal or state law, or any rule issued under that law, the society may do any of the following:
(1) Adopt special procedures for the conduct of the business and affairs of a separate account;
(2) For persons having beneficial interests in the account, provide special voting and other rights, including 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;
(3) Issue contracts on a variable basis to which divisions (B) and (D) of section 3921.19 of the Revised Code do not apply.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3921 | Fraternal Benefit Societies › Section 3921.23 | Societies Exempt From Insurance Laws.

Effective:
January 1, 1997
Latest Legislation:
House Bill 468 - 121st General Assembly
Except as provided in this chapter, fraternal benefit societies shall be 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. No law shall apply to societies unless they are expressly designated in the law.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3921 | Fraternal Benefit Societies › Section 3921.24 | Tax Exemption.

Effective:
January 1, 1997
Latest Legislation:
House Bill 468 - 121st General Assembly
Every fraternal benefit society organized or licensed under this chapter is hereby declared to be a charitable and benevolent institution, and all of its funds are exempt from all state, county, district, municipal, and school taxes other than franchise taxes and taxes on real estate.