reglab/statecodes huggingface dataset:
2023 New York Laws › ISC - Insurance › Article 43 - Non-Profit Medical and Dental Indemnity, or Health and Hospital Service Corporations › 4323 - Marketing Materials.

§ 4323. Marketing materials.  (a) All health maintenance organizations
issued a certificate of authority under article forty-four of the public
health  law or licensed under this article shall prepare, in conjunction
with the superintendent, and shall participate in and share the cost  of
the  publication  and  dissemination  of a consumer's shopping guide for
standardized individual health plans issued pursuant  to  sections  four
thousand  three  hundred  twenty-one  and  four  thousand  three hundred
twenty-two of this article and a separate consumer  shopping  guide  for
standardized   qualifying  individual  health  insurance  contracts  and
standardized qualifying group health insurance contracts issued pursuant
to section four thousand three hundred twenty-six of this  article.  The
consumer's shopping guides shall be published annually and shall include
the  names,  addresses  and  telephone numbers of all health maintenance
organizations offering such coverage as well as  a  description  of  the
plan  design  and  premiums  in  such a manner that facilitates consumer
comparison.
(b) Health maintenance organizations may distribute  additional  sales
or  marketing  brochures  describing  the  standardized coverage offered
subject to review by the superintendent.
(c) All health maintenance organization marketing  materials  must  be
sufficiently  clear  to  avoid  deception or the capacity or tendency to
mislead or deceive and may not disparage competitors.
2023 New York Laws › ISC - Insurance › Article 43 - Non-Profit Medical and Dental Indemnity, or Health and Hospital Service Corporations › 4330 - Discrimination Because of Sex or Marital Status in Hospital, Surgical or Medical Expense Insurance.

§  4330.  Discrimination because of sex or marital status in hospital,
surgical or medical expense insurance. (a) With  regard  to  a  contract
issued  by  a corporation subject to the provisions of this article that
provides hospital, surgical, or medical expense coverage or  a  contract
of  student  accident and health insurance, as defined in subsection (a)
of section  three  thousand  two  hundred  forty  of  this  chapter,  no
corporation  shall because of sex, marital status or based on pregnancy,
false  pregnancy,  termination  of  pregnancy,  or  recovery  therefrom,
childbirth or related medical conditions:
(1)  make  any distinction or discrimination between persons as to the
premiums or rates charged for  the  contract  or  in  any  other  manner
whatever;
(2)  demand  or  require  a  greater  premium  from any person than it
requires at that time from others in similar cases;
(3) make or require any rebate, discrimination or  discount  upon  the
amount to be paid or the service to be rendered on any contract;
(4)  insert  in  the  contract any condition, or make any stipulation,
whereby the  insured  binds  his  or  herself,  or  his  or  her  heirs,
executors,  administrators or assigns, to accept any sum or service less
than the full value or amount of  such  contract  in  case  of  a  claim
thereon  except  such  conditions  and  stipulations as are imposed upon
others in similar cases; and any such stipulation or condition  so  made
or inserted shall be void;
(5) reject any application for a contract issued or sold by it;
(6)  cancel  or  refuse  to  issue,  renew or sell such contract after
appropriate application therefor;
(7) fix any lower rate or discriminate in the fees or  commissions  of
insurance  agents  or  insurance  brokers for writing or renewing such a
contract; or
(8) engage in sexual stereotyping.
(b)  For  purposes  of  this  section,  "sex"  shall  include   sexual
orientation, gender identity or expression, and transgender status.
2023 New York Laws › ISC - Insurance › Article 44 - Employee Welfare Funds › 4401 - Declaration of Policy.

§  4401. Declaration of policy. (a) It is declared to be the policy of
the state that employee welfare funds are of great benefit to  employees
and  their families and that their growth should be encouraged; that the
establishment and management of such funds vitally affect the well-being
of millions of people and are in the public interest.
(b) It is further declared that such funds should be supervised by the
state to the extent necessary to protect the  rights  of  employees  and
their  families,  without  imposing  burdens  on  the  funds which might
discourage their orderly growth and without duplicating the  supervisory
responsibilities of any state agency.
2023 New York Laws › ISC - Insurance › Article 44 - Employee Welfare Funds › 4402 - Definitions.

§  4402.  Definitions. In this article: (a) "Employee welfare fund" or
"fund" means any trust fund or  other  fund  established  or  maintained
jointly  by  one  or  more  employers  together  with  one or more labor
organizations, whether directly or through trustees, to provide employee
benefits by the purchase of insurance or annuity contracts or otherwise,
and to which is paid or contracted  to  be  paid  anything,  other  than
income  from  investments  of  such  fund  for  the benefit of employees
employed in this state, and, if the principal office of the employer  is
located  outside  of  the  state,  for  at  least twenty such employees;
provided, however, that such term shall not include any such fund  where
its over-all management is vested, alone or jointly with other trustees,
in a corporate trustee which is subject to supervision by the supervisor
of banks of any state or the comptroller of the currency.
(b) "Employee  benefits"  means  one  or more benefits or services for
employees or their families or dependents, or for both,  including,  but
not limited to, medical, surgical or hospital care or benefits, benefits
in the event of sickness, accident, disability or death, benefits in the
event of unemployment, or retirement benefits.
(c) "Trustee"  means  the  person  or group of persons who or which is
charged with or has the general power of administration over an employee
welfare fund and may include a pension board or committee,  a  board  of
individual  trustees,  a  board of administration or the like; provided,
however, such term shall  not  include  a  corporate  trustee  which  is
subject  to  supervision  by the supervisor of banks of any state or the
comptroller of the currency; nor shall such  term  include  any  insurer
licensed  under  the  laws  of  this  state or authorized to do business
herein.
(d) "Employed in this state" means employed at  a  place  of  business
maintained by the employer in the state.
(e) "Employer"  means  all  persons  part or all of whose employees or
members are covered by an employee welfare fund.
(f) "Person" means all individuals (acting alone or in  representative
capacities),  partnerships, associations, corporations, labor unions and
other entities.
(g) "Labor organization" means any labor union or any organization  of
any   kind,   or   any  agency  or  employee  representation  committee,
association, group or plan, in which  employees  participate  and  which
exists  for  the purpose, in whole or in part, of dealing with employers
concerning grievances, labor disputes, wages, rates  of  pay,  hours  of
employment or conditions of work.
2023 New York Laws › ISC - Insurance › Article 44 - Employee Welfare Funds › 4403 - Registration.

§  4403. Registration. (a) The trustees of every employee welfare fund
shall register such fund with the superintendent within three months  of
commencing  to  do business in this state. Such registration shall be in
such  form  and  shall  contain  such  information   relating   to   the
organization,  operations  and affairs of such fund as may be prescribed
by the superintendent.
(b) If it is  found  that  the  conditions  that  originally  required
registration  with  the superintendent have ceased to exist and that new
conditions exist that would not require the registration of an  employee
welfare  fund  with  the superintendent, then the superintendent may, on
application of the trustees  or  on  the  superintendent's  own  motion,
cancel the registration of such fund.
2023 New York Laws › ISC - Insurance › Article 44 - Employee Welfare Funds › 4404 - Examinations; Requirement.

§  4404. Examinations; requirement. (a) The superintendent may examine
into the affairs of any employee welfare fund as often as  he  deems  it
necessary, and he shall do so at least once in every five years.
(b)   The  trustees  of  every  fund  shall  be  responsible  for  the
maintenance of accurate records and books of account in conformance with
generally accepted accounting principles and applicable regulations.
2023 New York Laws › ISC - Insurance › Article 44 - Employee Welfare Funds › 4405 - Examinations; Conduct.

§ 4405. Examinations; conduct. (a) Whenever, pursuant to this article,
the  superintendent  shall  determine  to  examine  the  affairs  of any
employee welfare fund he shall make an order indicating the scope of the
examination and may appoint as examiners one or more  competent  persons
not  employed by the trustees of such fund or interested in such fund. A
copy of such order shall, upon demand and before the examination begins,
be exhibited to the trustees of such fund.
(b)  Any  examiner  authorized  by  the  superintendent   shall   have
convenient  access at all reasonable hours to the books, records, files,
assets, securities, and other documents of such fund, including those of
any affiliated or subsidiary fund thereof, which  are  relevant  to  the
examination,  and  shall  have  power to administer oaths and to examine
under oath the trustees of such fund  and  their  officers,  agents  and
employees and any other persons having custody or control of such books,
records,  files,  assets,  securities  or other documents, regarding any
matter relevant to the examination.
(c) The examiner in charge of such examination shall make a report  of
every examination made by him, verified under oath, which shall comprise
only  facts  appearing upon the books, records or other documents of the
trustees of such fund or as ascertained from the sworn testimony of  its
trustees,  or  their  officers,  agents  or  employees, or other persons
examined   concerning   its   affairs,   and   such   conclusions    and
recommendations as may reasonably be warranted from such facts.
(d)  The  superintendent  may appoint one or more competent persons as
appraisers  to  appraise  any  interest  in  real  property  which   may
constitute  assets  of any such fund. The report of such appraiser shall
be a supplement to the report of the examiner in charge.
2023 New York Laws › ISC - Insurance › Article 44 - Employee Welfare Funds › 4406 - Examinations; Publication.

§  4406.  Examinations;  publication.  (a)  All  reports and copies of
reports of examinations and investigations of any employee welfare fund,
shall be confidential communications, shall not be subject  to  subpoena
and   shall   not  be  made  public  unless,  in  the  judgment  of  the
superintendent, the ends of justice and the  public  advantage  will  be
served  by the publication thereof, in which event he may publish a copy
of any such report or any part thereof in such manner  as  he  may  deem
proper.
(b)  In  any action or proceeding against the trustees of any fund, or
against its other officers, agents, or employees, such  report,  or  any
part thereof, if published by the superintendent, shall be admissible in
evidence and shall be presumptive evidence of the facts stated therein.
(c)  The  superintendent  may  assemble and file for public inspection
such information covering:
(1) forms of trust indentures in use;
(2) commission and fee schedules adopted by insurers;
(3) compensation paid to trustees of employee welfare funds; and
(4) such other matters affecting the establishment and  administration
of such funds as, in his opinion, are in the public interest.
2023 New York Laws › ISC - Insurance › Article 44 - Employee Welfare Funds › 4407 - Examinations; Expenses.

§  4407. Examinations; expenses. (a) The expenses of every examination
of the affairs of any employee welfare fund, including any appraisal  of
an  interest  in  real  property, made pursuant to any provision of this
chapter, shall be paid by the employee welfare fund examined.
(b) For any  such  examination  by  the  superintendent  or  a  deputy
superintendent  personally,  the  charge  shall  be  only  for necessary
travelling expenses and other actual expenses. In all  other  cases  the
expenses  of  examination  shall  also  include  reimbursement  for  the
compensation  paid  for  the  services  of  persons  employed   by   the
superintendent   or  by  his  authority  to  make  such  examination  or
appraisal.
(c) Notwithstanding the provisions of subsection (a) or (b) hereof:
(1) funds with contributions of less than thirty thousand dollars,  as
reported  in  the annual statement filed with the superintendent for the
latest fiscal year covered by the  examination,  the  charge  shall  not
exceed three hundred dollars;
(2)  funds  with contributions between thirty thousand dollars and one
hundred fifty thousand dollars the charge shall not exceed  one  percent
of such contributions;
(3)  the  superintendent, with the approval of the comptroller, may in
his discretion for good cause shown remit or reduce such charges.
(d) All charges,  including  necessary  travelling  and  other  actual
expenses,  as  audited and paid by the comptroller to the persons making
the examination or appraisal, shall be presented to the trustees of  the
employee  welfare  fund  in  the  form of a copy of the itemized bill as
certified  and  approved  by  the  superintendent  or  by   any   deputy
superintendent  or authorized employee of the department. Upon receiving
such certified copy, such trustees shall pay the amount thereof  to  the
superintendent, to be paid by him into the state treasury.
2023 New York Laws › ISC - Insurance › Article 44 - Employee Welfare Funds › 4408 - Annual Statement.

§  4408.  Annual statement. (a) The trustees of every employee welfare
fund shall file in the office of  the  superintendent,  annually  within
five  months  after the close of the fiscal year used in maintaining the
records of such fund, a statement, to be known as the  annual  statement
of such fund.
(b)  Such  statement shall be executed in duplicate, subscribed by its
trustee or, if there is more than one trustee, then by at least  two  of
such  trustees,  and  affirmed  as  true under the penalties of perjury,
showing its condition and affairs during such fiscal year.  Such  fiscal
year shall not be changed without the consent of the superintendent.
(c)   Such   statement   shall  be  in  such  form  and  contain  such
substantiation by vouchers and otherwise and such other  information  as
the superintendent requires.
(d) The superintendent shall furnish to the trustees of every employee
welfare  fund  required  by  law  to  report to him printed forms of the
statements and schedules required by him.
2023 New York Laws › ISC - Insurance › Article 44 - Employee Welfare Funds › 4409 - Special Statements.

§ 4409. Special statements. (a) In addition to any other statements or
reports  required  by  this  article,  the  superintendent  may make any
inquiry to the trustees of any employee welfare fund or to  any  of  its
other  officers,  agents  or  employees  or  to  any  employer  or labor
organization representing any employees eligible for  employee  benefits
under  the fund relating to the transactions or condition of the fund or
any related matter.
(b) Every such person shall reply in writing to such inquiry  promptly
and   truthfully,   and   such  reply  shall  be,  if  required  by  the
superintendent, subscribed and affirmed as true under the  penalties  of
perjury by such individual or individuals as he shall designate.
2023 New York Laws › ISC - Insurance › Article 44 - Employee Welfare Funds › 4410 - Annual Report.

§ 4410. Annual report. (a) The trustees of every employee welfare fund
shall  within  five  months  after  the close of the fiscal year used in
maintaining the records of such fund, annually file a  report  with  the
superintendent to be known as the annual report.
(b)  Such report shall be subscribed by the trustee of the fund, or if
there is more than one trustee it shall be subscribed by  at  least  two
trustees,  and  affirmed by them as true under the penalties of perjury,
showing the condition and affairs of the fund during such  fiscal  year.
Such  report  shall  be  in  such  form  and contain such matters as the
superintendent requires.
(c) Such annual report shall be kept on file with  the  superintendent
and at the principal office of the trustees. The report, or such portion
thereof as the superintendent deems appropriate, shall be made available
by the superintendent or by the trustees, or both, for inspection by any
employer contributing to such fund, by any labor organization which is a
party to an agreement establishing such fund, or by any employee covered
by  such  fund. In addition and to such extent that he deems it to be in
the public interest, the superintendent may require the trustees to mail
such report or such portions of it to any or all of such parties.
2023 New York Laws › ISC - Insurance › Article 44 - Employee Welfare Funds › 4411 - Account Statements by Insurance Companies, Service Plans and Corporate Trustees and Agents.

§  4411.  Account statements by insurance companies, service plans and
  corporate  trustees  and  agents.  Every  insurance  company,  hospital,
  surgical  or  medical  service plan providing benefits under an employee
  welfare  fund,  and  any  corporate  trustee   or   agent   holding   or
  administering  all  or  any  part of such fund shall, within four months
  after the end of each policy or fiscal year, furnish to the trustees  of
  the  fund  a statement of account containing the information relating to
  the fund as the trustees may need to comply with this article.
2023 New York Laws › ISC - Insurance › Article 44 - Employee Welfare Funds › 4412 - Regulation Under Other Laws.

§  4412.  Regulation  under  other laws. (a) Where the trustees of any
employee welfare fund are subject to and comply with  any  law  of  this
state  other  than  this article or the law of any other state or of the
United  States  with  respect  to  registration,  filing,   examination,
statements  or reports, such requirements of this article or any of them
may be waived by the superintendent with respect to  any  such  fund  or
trustees to the extent that they are included in such other laws.
(b)  Application  for  such  a  waiver shall be made in writing to the
superintendent on such forms as he may require and any waiver issued  by
him shall be in writing and filed in his office.
(c) The superintendent may, at any time, revoke any such waiver if, in
his  opinion, such other laws fail to accomplish adequately the purposes
of this article.
2023 New York Laws › ISC - Insurance › Article 45 - Fraternal Benefit Societies › 4503 - Licensing of Foreign and Alien Societies.

§   4503.   Licensing   of   foreign  and  alien  societies.  (a)  The
superintendent may issue a license to do business in this state  to  any
foreign  or alien society which conforms to the requirements for foreign
or alien insurers pursuant to section one thousand one  hundred  six  of
this  chapter,  other than subsection (e) thereof, and which conforms in
substance to all  other  requirements  imposed  on  domestic  authorized
societies under this chapter.  Every such license shall contain the name
of  the  licensee,  its  home office address, the state or country under
whose laws it was incorporated and  the  term  of  such  license.    The
superintendent  may  refuse to issue or renew any such license if in his
judgment such refusal will best promote the interests of the  people  of
this  state.  The superintendent may refuse to renew any such license in
addition to, or in lieu of, a proceeding under article  seventy-four  of
this  chapter  in  the  circumstances specified in section four thousand
five hundred nineteen of this article.
(b) Every license,  including  every  renewal  license,  issued  to  a
foreign or alien society shall be for a term expiring on April thirtieth
following  the date of issuance, but such license shall continue in full
force until a renewal license shall have been issued or shall have  been
specifically refused by the superintendent.
(c)  No alien society shall be authorized to do business in this state
unless it shall at  all  times  maintain  trusteed  assets,  a  trusteed
surplus and a deposit in the United States pursuant to the provisions of
sections  one  thousand three hundred twelve, one thousand three hundred
fifteen,  and  one  thousand  three  hundred  twenty  of  this  chapter,
respectively.  Such trusteed surplus shall be in an amount not less than
four hundred fifty thousand dollars and shall be held in trust  for  the
security  of  members in the United States admitted to the society on or
after January first, nineteen hundred forty. The term "policyholders  in
the  United  States"  as  used  in  sections  one thousand three hundred
twelve, one thousand  three  hundred  fifteen  and  one  thousand  three
hundred  twenty  of  this  chapter  shall  be  deemed,  in  the  case of
authorized alien societies, to refer to members  in  the  United  States
admitted  to  the  society  on and after January first, nineteen hundred
forty.
2023 New York Laws › ISC - Insurance › Article 45 - Fraternal Benefit Societies › 4505 - Insurance Benefits Authorized.

§ 4505. Insurance benefits authorized.  (a) Any authorized society may
obligate  itself  for  the payment of only insurance benefits defined in
subsections (h) through (p) of section four thousand five hundred one of
this article, except that no benefits  may  be  provided  through  group
insurance. Any benefit defined in subsections (h) through (q) of section
four thousand five hundred one or paragraphs one and three of subsection
(a)  of section four thousand five hundred twenty-seven of this article,
or any one or more of such benefits, may be  provided  in  the  same  or
separate  certificates, or by rider, subject to the limitations provided
for in section four thousand five hundred seven of this article.
(b) An authorized society shall specify in its  laws  or  rules  those
persons  who  may receive benefits or be covered by benefits through the
society,  consistent  with  providing  benefits  to  members  and  their
dependents.      Nothing  herein  shall  alter  the  insurable  interest
requirements of section three thousand two hundred five of this chapter.
(c)   No authorized  society  shall  undertake  to  pay  a  total  and
permanent  disability benefit on any life in excess of two hundred fifty
dollars per month exclusive  of  waived  premiums,  nor  for  disability
occurring  after  age  sixty  except that a society may undertake to pay
benefits for disability occurring at any age, in an amount not exceeding
the reserve under the life insurance certificate or one-half the  amount
of  such  certificate,  whichever  is  greater,  if  the payment of such
benefits is conditioned  upon  the  surrender  of,  or  a  proportionate
reduction of the amount of, such certificate.
(d)  Notwithstanding the foregoing provisions, no policy of industrial
life insurance shall be delivered or issued for delivery in this state.
2023 New York Laws › ISC - Insurance › Article 45 - Fraternal Benefit Societies › 4506 - Classes of Membership.

§  4506.  Classes  of  membership.  An authorized society may admit to
  membership two classes of members: insurance members and social  members
  by  whatever  name known. Social members shall not be entitled to any of
  the benefits prescribed by section four thousand five  hundred  five  of
  this  article,  and shall have no voice or vote in the management of the
  insurance affairs of the society, except that they shall be eligible  to
  be  elected  as  officers  and  as  representatives of insurance members
  unless  such  eligibility  is  prohibited  by  the  society's   by-laws.
  Insurance members may be either adult members or juvenile members.
2023 New York Laws › ISC - Insurance › Article 45 - Fraternal Benefit Societies › 4507 - Juvenile Members.

§ 4507. Juvenile members. (a) An authorized society may admit to adult
insurance  membership  any  person not less than fifteen years of age at
nearest birthday. Any person so admitted prior to attaining the full age
of eighteen years  shall  be  deemed  competent  to  contract  for  life
insurance benefits, and to exercise and enjoy every right, privilege and
benefit  provided  by any life insurance certificate on the life of such
minor subject to the limitations contained in section four thousand five
hundred eight of this article as to the designation of beneficiary.
(b) Any such society may provide in its constitution  or  by-laws  for
the  admission,  as  juvenile  insurance  members, of children less than
eighteen years of age at nearest birthday. They shall have no  voice  or
vote  in  the  management  of the insurance affairs of the society. Life
insurance benefits may be  made  payable  upon  the  lives  of  juvenile
members,  upon  the application of some adult person, in accordance with
the by-laws, rules or regulations of such society, and in amounts  which
shall  not  exceed  the  limits  specified in section three thousand two
hundred seven of this chapter.
(c) Juvenile members insured under  certificates  issued  pursuant  to
this  section, if eligible for adult membership, shall be transferred to
and become members of the adult branch of the society upon attaining the
minimum age for adult membership under the laws  of  the  society.  Upon
such transfers made pursuant hereto, the mortuary reserve funds accruing
against  such  certificates  and an equitable share of any surplus funds
pertaining thereto shall likewise be transferred to the  adult  mortuary
fund.
(d)  Any  such  society  may  provide  in  its  by-laws  that mortuary
payments,  meaning  that  portion  of  contributions  allocated  to  the
mortuary  fund  and to reserves on outstanding contracts, received under
new certificates issued on or  after  January  first,  nineteen  hundred
thirty-nine, covering the lives of juvenile members, may be mingled with
the  mortuary  or reserve funds held on classes of adult certificates on
which adequate reserves are maintained not lower than those required  by
the  minimum standards of valuation prescribed by this article for adult
certificates  issued  on  or  after  January  first,  nineteen   hundred
thirty-nine.  Except  as hereinbefore provided, every such society shall
maintain the mortuary and reserve funds on insurance  on  the  lives  of
juvenile  members and the accretions thereto, separate and distinct from
all other funds of the society, and the same shall be held  as  a  trust
fund  available  exclusively  for  the  payment  of  benefits under such
contracts.
(e) Any such society  insuring  the  lives  of  juvenile  members  may
provide  in its by-laws, rules and regulations for payment on account of
the society's juvenile expense fund,  and  that  such  payments  may  be
mingled with the general expense funds of the society.
2023 New York Laws › ISC - Insurance › Article 45 - Fraternal Benefit Societies › 4508 - Beneficiaries.

§ 4508. Beneficiaries. (a) The adult 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  authorized  society  unless
the  owner  waives this right by specifically requesting in writing that
the beneficiary designations be irrevocable. Subject to the requirements
and limitations of section three  thousand  two  hundred  five  of  this
chapter, an authorized 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.  Nothing  herein
shall  prohibit  the  owner  of  a  certificate  from making an absolute
assignment of the certificate.
(b) The beneficiaries under contracts of insurance  on  the  lives  of
children  may  be  designated  by  the  adult  person authorized to make
application  for  such  insurance.  Unless  otherwise  provided  by  the
constitution  or  by-laws  or the insurance certificate, any such member
may, on or after attaining the age of sixteen  years,  change  any  such
designation.
(c)  An  authorized society may make provision in its contract for the
payment of life insurance or accidental death benefits to such person or
persons as may  be  equitably  entitled  thereto  by  reason  of  having
incurred  reasonable  expense  occasioned  by  the  maintenance, medical
attention or burial of the member, provided the amount so paid shall not
exceed five thousand dollars.
(d) 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 proceeds, except to the extent that funeral  benefits
may  be  paid as hereinbefore provided, shall be payable to the personal
representative of the deceased insured, provided that if  the  owner  of
the  certificate  is  other  than  the  insured,  such proceeds shall be
payable to such owner.  Notwithstanding  any  other  provision  of  this
chapter to the contrary, any insured member of an authorized society may
voluntarily  designate  the authorized society as the beneficiary of any
insurance contract for  the  purpose  of  any  lawful  activity  of  the
authorized society.
2023 New York Laws › ISC - Insurance › Article 45 - Fraternal Benefit Societies › 4513 - Annuity Certificates; Compliance With Rules and Regulations.

§  4513.  Annuity certificates; compliance with rules and regulations.
  No certificate  or  other  evidence  of  any  annuity  contract  and  no
  application  or  rider  or  endorsement for use in connection therewith,
  shall be delivered or issued  for  delivery  in  this  state  unless  it
  conforms  with  reasonable  rules  and  regulations  prescribed  by  the
  superintendent. Pursuant to the foregoing the superintendent shall  have
  power,  from  time to time to make, alter and supersede reasonable rules
  and  regulations  prescribing  the  required,  optional  and  prohibited
  provisions  in  such  contracts,  and  such  rules and regulations shall
  conform, as far as practicable with  the  provisions  of  section  three
  thousand two hundred nineteen of this chapter.
2023 New York Laws › ISC - Insurance › Article 45 - Fraternal Benefit Societies › 4516 - Annual Statement; Valuation Report; Power of Superintendent.

§  4516.  Annual statement; valuation report; power of superintendent.
(a) Every authorized society shall make special  reports  in  compliance
with  section three hundred eight of this chapter, shall file its annual
statement in conformity with the requirements of section  three  hundred
seven  of  this chapter, and on or before the first day of March of each
year, shall file with the  superintendent  a  valuation  report  of  its
insurance  certificates  or other insurance obligations in force at last
year-end in form and content prescribed  by  the  superintendent.  Every
authorized  alien  society shall also make and file the trusteed surplus
statement required by section one thousand three hundred twelve of  this
chapter.
(b)  The  superintendent  shall  annually  make  or  cause  to be made
valuations  of  all  outstanding  certificates   and   other   insurance
obligations of every domestic society, in accordance with the provisions
of  this  article.  The superintendent may make such valuation, or cause
the same to  be  made,  by  groups  of  certificates  using  approximate
averages  for fractions of a year and otherwise. The superintendent may,
in his discretion, make or cause to be made a similar valuation  of  the
outstanding   certificates   and  other  insurance  obligations  of  any
authorized foreign or alien society, or he may accept  in  lieu  thereof
the  valuation made or accepted by the insurance department or insurance
supervisory official of the state, province or  country  in  which  such
society is domiciled.
(c)  Every  domestic  society,  if  it  has an official publication or
newspaper, shall publish therein a synopsis of its annual statement  and
valuation  report  within sixty days after the same have been filed with
the superintendent.
(d) Every authorized society shall  submit  such  reports  as  may  be
required  by the superintendent to demonstrate the activity of its lodge
system,  its  expenditures  for  altruistic,   educational,   fraternal,
patriotic  or  recreational  purposes  and other expenses of maintaining
fraternal character.
(e) The superintendent is authorized to engage outside  resources  and
take  such  other  actions  he or she deems necessary and appropriate to
ensure compliance with the requirements of this article and  to  provide
assistance to and oversight of authorized societies.
2023 New York Laws › ISC - Insurance › Article 45 - Fraternal Benefit Societies › 4518 - Amounts Credited on Life Insurance Certificates.

§   4518.   Amounts  credited  on  life  insurance  certificates.  Any
  individual life insurance certificate may provide that  in  addition  to
  any  minimum  benefits guaranteed in the certificate, additional amounts
  may be credited to the certificate. No such additional amounts shall  be
  guaranteed   or  credited  except  upon  reasonable  assumptions  as  to
  investment income, mortality, persistency and expenses. The  declaration
  of  such  additional amounts by a society must be made prospectively; no
  such additional amounts shall be credited retroactively to apply to  any
  period  prior  to  such  declaration.  No  such  additional  amounts are
  required to be credited to any certificate with respect  to  the  period
  after  the termination or lapse of such certificate by reason of default
  in payment of any premium, installment or interest  on  any  certificate
  loan  and  before  the  reinstatement  of  such  certificate,  if  it is
  reinstated. Any such additional amounts shall be  credited  on  a  basis
  equitable to all certificate holders of a given class and shall be based
  on written criteria approved by the board of directors of the society or
  a committee thereof.
2023 New York Laws › ISC - Insurance › Article 45 - Fraternal Benefit Societies › 4520 - Non-Liability of Officers and Members.

§ 4520. Non-liability of officers and members. Officers and members of
  the  supreme or any subordinate body of any authorized society shall not
  be individually liable for the payment of any benefits provided  for  in
  the  laws  and agreements of such society, but the same shall be payable
  only out of the funds of such society and in the manner provided by  its
  laws.
2023 New York Laws › ISC - Insurance › Article 45 - Fraternal Benefit Societies › 4521 - Grounds for Revocation or Suspension of License.

§   4521.  Grounds  for  revocation  or  suspension  of  license.  The
superintendent may revoke or suspend the license to do business in  this
state of any domestic, foreign or alien society, if, after notice to and
hearing  of such society in accordance with sections three hundred four,
three hundred five and three hundred six of the financial services  law,
the  superintendent  finds  any  one  or  more  of the following grounds
therefor:
(a) that such society has exceeded its powers  under  its  charter  or
under its license to do business;
(b)  that  such  society  has failed to comply with any requirement of
this chapter applicable thereto;
(c)  that  such  society  is   conducting   its   insurance   business
fraudulently  or in a way hazardous to its members, its creditors or the
public;
(d) that such society is not carrying out its contracts in good faith;
and
(e) in the case of a foreign or alien society, that the society is not
conforming in substance to all of the requirements imposed  on  domestic
societies,  and in such a case, the revocation may be in addition to, or
in lieu of, a proceeding under article seventy-four of this  chapter  in
the  circumstances  specified  in  section  four  thousand  five hundred
nineteen of this article.
2023 New York Laws › ISC - Insurance › Article 45 - Fraternal Benefit Societies › 4523 - Soliciting Membership in Unauthorized Societies; Penalties.

§  4523.  Soliciting  membership in unauthorized societies; penalties.
(a) Any person, firm, association or  corporation  who  or  which  shall
solicit  a  member  or  members for, or in any way assist in procuring a
member or members for, or collect payments or dues for or in  connection
with  the  membership  of,  any  fraternal  benefit  society that is not
licensed to do business in this state and that is not exempted under the
provisions of section four thousand  five  hundred  twenty-two  of  this
article  shall be guilty of a misdemeanor, and in addition, such person,
firm, association or corporation shall be liable to  a  penalty  of  one
hundred  dollars for each person so solicited or so procured to become a
member in such unauthorized society, and may in addition  to  either  of
the  foregoing,  be  enjoined  from doing any such unlawful acts, in the
manner specified in section three hundred nine of the financial services
law.
(b) The provisions of subsection (a) hereof shall  not  apply  to  the
conduct  of a designated representative acting under the authority of an
unlicensed fraternal benefit society which was heretofore licensed to do
business  in  this  state  and  has  obtained  a  certificate  from  the
superintendent  authorizing  designated  representatives to act for such
society in the collection of payments or dues from  members  or  perform
any  act  incident  to existing membership but not to solicit members or
assist in procuring members. The application for such certificate  shall
be on such form or forms and supplements thereto, and shall contain such
information,  as  the  superintendent  may  prescribe.  There  shall  be
attached to such forms a statement by such  society  stating  that  such
society has satisfied itself that the proposed designated representative
is  trustworthy  and  competent to act as such designated representative
and that  the  society  will  appoint  him  to  act  as  its  designated
representative. Such statement shall be subscribed by an officer of such
society  and  affirmed  by  such  officer as true under the penalties of
perjury.   The   superintendent   may   revoke   the    superintendent's
authorization  of any designated representative after notice and hearing
and on the grounds enumerated in subsection (a) of section two  thousand
one hundred ten of this chapter.
2023 New York Laws › ISC - Insurance › Article 45 - Fraternal Benefit Societies › 4524 - Exemption From Taxation.

§  4524.  Exemption from taxation. Every society organized or licensed
  under this article is hereby declared to be a charitable and  benevolent
  institution,  and  all  of  its funds shall be exempt from all and every
  state, county, district, municipal and school tax, other than  taxes  on
  real estate and office equipment.
2023 New York Laws › ISC - Insurance › Article 45 - Fraternal Benefit Societies › 4525 - Application of Other Provisions of This Chapter.

§  4525.  Application  of  other  provisions  of  this  chapter. Every
authorized society shall be subject to the provisions  of  this  article
but shall not be subject to other provisions of this chapter except:
(a) those specified in this article as applicable to such societies;
(b)   articles  one,  two,  three,  thirteen,  fourteen,  twenty-four,
seventy-one and seventy-four;
(c) section one thousand one hundred one, subsections (a) and  (g)  of
section  one thousand one hundred two, sections one thousand one hundred
three, one thousand one hundred five, one thousand one hundred six,  one
thousand  one hundred eight, one thousand one hundred twelve, paragraphs
one, two and three of subsection (a) of section one thousand one hundred
thirteen, sections one thousand  two  hundred  five,  one  thousand  two
hundred  twelve,  one  thousand  two hundred seventeen, and one thousand
three hundred twenty-two, subsections (a), (b), (d) and (e)  of  section
two thousand one hundred one, subsection (a) of section two thousand one
hundred  two,  subsection (a) and subsections (c) through (m) of section
two thousand one hundred three, subsections (a) through (e)  of  section
two  thousand one hundred nine, subsections (a), (b) and (d) through (f)
of section two thousand one  hundred  ten,  sections  two  thousand  one
hundred  twelve,  two thousand one hundred fourteen and two thousand one
hundred sixteen, subsections (a),  (b),  (c)  and  (e)  through  (h)  of
section  two  thousand one hundred seventeen, subsections (a) and (c) of
section two thousand one  hundred  twenty,  sections  two  thousand  one
hundred  twenty-two,  two  thousand  one  hundred  twenty-three, and two
thousand one hundred twenty-four, subsection (b) of section two thousand
three hundred seven, sections three thousand one  hundred  three,  three
thousand  one  hundred  five,  three  thousand  one  hundred  six, three
thousand one hundred ten, three thousand two hundred one, three thousand
two hundred two, three thousand two hundred  five,  three  thousand  two
hundred  seven,  three  thousand two hundred nine through three thousand
two hundred twelve, three thousand two hundred fourteen,  four  thousand
two  hundred  thirteen,  four  thousand  two  hundred  twenty-six,  four
thousand two hundred forty-one, seven thousand three hundred one,  seven
thousand three hundred three and seven thousand three hundred four; and
(d)  any other section which specifically applies to fraternal benefit
societies.
2023 New York Laws › ISC - Insurance › Article 45 - Fraternal Benefit Societies › 4527 - Optional Authority and Regulation.

§ 4527. Optional authority and regulation. (a) An authorized fraternal
benefit  society subject to this article and meeting the requirements of
this section may obligate  itself  for  the  payment  of  the  following
benefits  in  addition to those authorized in section four thousand five
hundred five of this article;
(1) Long term care benefits as defined in subsection  (q)  of  section
four thousand five hundred one of this article.
(2)  Variable  life  insurance  benefits and variable annuity benefits
issued  pursuant  to  separate  accounts  that  are  approved   by   the
superintendent  and established in compliance with section four thousand
two hundred forty of this chapter, except that item (vi)  of  subsection
(a) of section four thousand two hundred forty of this chapter shall not
apply to accounts established under this section.
(3)  Annuity  benefits  as  defined  in subsection (l) of section four
thousand five hundred one of this chapter in amounts  exceeding  fifteen
thousand dollars annually.
(4)  Disability income insurance benefits as defined in subsection (p)
of section four thousand five hundred one of  this  article  in  amounts
exceeding one thousand two hundred fifty dollars a month.
(b)  In  addition to other requirements of this article, an authorized
fraternal benefit society obligating itself for the payment of  benefits
described  in  this section shall, notwithstanding section four thousand
five hundred twenty-five of this article or subsection  (g)  of  section
two  thousand  one  hundred  three  and  subsection  (b)  of section two
thousand one hundred thirty-two of this chapter, only retain  as  agents
persons  who  are  licensed pursuant to section two thousand one hundred
three of this chapter and who:
(1) take the personal written examination required by  subsection  (f)
of section two thousand one hundred three of this chapter if seeking the
original  issuance  of  a license under section two thousand one hundred
three of this chapter  on  or  after  January  first,  nineteen  hundred
ninety-seven; and
(2)  comply  with  the  provisions of section two thousand one hundred
thirty-two of this chapter regarding agents continuing education for the
biennial licensing period beginning on or after January first,  nineteen
hundred ninety-eight.
2023 New York Laws › ISC - Insurance › Article 45 - Fraternal Benefit Societies › 4528 - New Business Limitations.

§ 4528. New business limitations. Every authorized society shall limit
the  issuance  of  new  life  insurance  certificates  and  new  annuity
contracts  in  accordance  with  requirements  for  new  life  insurance
policies  and  new  annuity  contracts  under  section four thousand two
hundred twenty-seven of this chapter, except that:
(a) No such limitations shall apply to new life insurance certificates
or new annuity contracts issued by the  society  before  January  first,
nineteen hundred ninety-eight; and
(b)  Limitations equal to one hundred fifty percent of the limitations
established in section four thousand two hundred  twenty-seven  of  this
chapter  shall  apply to new life insurance certificates and new annuity
contracts issued by the society after January  first,  nineteen  hundred
ninety-eight but before January first, two thousand; and
(c)  The  limitations established in section four thousand two hundred
twenty-seven of this chapter shall fully apply to all new life insurance
certificates and all new annuity contracts issued by the society  on  or
after January first, two thousand.
2023 New York Laws › ISC - Insurance › Article 45 - Fraternal Benefit Societies › 4529 - Subsidiaries Authorized.

§  4529.  Subsidiaries  authorized.  (a)  A domestic fraternal benefit
society may invest in subsidiaries as authorized in article seventeen of
this chapter  for  domestic  life  insurance  companies,  provided  such
society  meets  the requirements of subsection (b) of section forty-five
hundred twenty-seven or section four thousand  five  hundred  thirty  of
this article.
(b)  A  domestic  fraternal  benefit  society may create, maintain and
operate, or  may  establish  organizations  to  operate,  not-for-profit
institutions  to  provide one or more social, intellectual, educational,
charitable,  benevolent,  moral,  fraternal,  patriotic   or   religious
benefits to members. 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  the  society's
annual statement.