2023 New York Laws › ISC - Insurance › Article 45 - Fraternal Benefit Societies › 4526 - Investments of Fraternal Benefit Societies.

§  4526.  Investments of fraternal benefit societies. (a) For purposes
of investments made pursuant to the provisions of section  one  thousand
four  hundred  four  of  this chapter, the term "institution" shall only
include a corporation, a joint-stock association, and a  business  trust
and  the term "obligations" shall only include bonds, debentures, notes,
or other evidences of indebtedness. Notwithstanding the  provisions  set
forth  in  items  (ii)  and (iv) of subparagraph (A) of paragraph two of
subsection (a) of such section, a society is authorized to invest, in an
amount not to exceed thirty-three percent  of  its  admitted  assets  as
shown  by  its  last  statement  on  file  with  the  superintendent, in
obligations of American institutions which:
(1) are  rated  BBB  or  higher  (or  the  equivalent  thereto)  by  a
securities  rating agency recognized by the superintendent, or if not so
rated, are similar in structure and in all material  respects  to  other
obligations of the same institution which are so rated, or
(2) have been given at least the second highest quality designation by
the Securities Valuation Office of the National Association of Insurance
Commissioners.
(b)  Investments  in loans secured by real property and investments in
real property made pursuant to the provisions  of  paragraphs  four  and
five  of  subsection  (a) of such section shall be permitted only to the
extent that such investments are  acquired  or  held  directly  by  such
society.
(c)  Foreign  investments made pursuant to the provisions of paragraph
six of such subsection shall only consist of the following:
(1) Investments in Canada which are substantially of the  same  kinds,
classes  and  investment  grades  as those eligible for investment under
other provisions of  such  subsection.  The  aggregate  amount  of  such
investments held at any time shall not exceed the greater of ten percent
of  the society's admitted assets as shown by its last statement on file
with the superintendent or the amount, if  any,  permitted  pursuant  to
paragraph two hereof.
(2)  Investments in a foreign country or in a possession of the United
States if the society is authorized to do business therein,  or  if  the
society  has  outstanding insurance, annuity or reinsurance contracts on
lives or risks resident or located therein;  provided  such  investments
are  substantially  of  the same kinds, classes and investment grades as
those eligible for investment under other provisions of such subsection.
The aggregate amount of such investments and of cash in the currency  of
such  country  or  possession  at  any  time  held  shall not, except as
permitted by paragraph one hereof, exceed the amount which such  society
is  required  by  law to invest in such country or possession or one and
one-half times the amount of its reserves and  other  obligations  under
such contracts, whichever is greater.
(3)  Investments  in  any  foreign country, in addition to investments
permitted under paragraphs one and two hereof, which  are  substantially
of  the  same  kinds,  classes  and  investment  grades, and in the same
proportions, as those eligible for investment under other provisions  of
such subsection and subsection (a) of this section. The aggregate amount
of  such  investments  made  pursuant to this paragraph shall not exceed
four percent of the society's admitted  assets  as  shown  by  its  last
statement  on  file  with the superintendent and provided that a society
shall not make any investment in any foreign country  pursuant  to  this
paragraph,  if  such  investment, together with all other investments in
the same foreign country so made and then held by  such  insurer,  would
exceed one percent of the society's admitted assets as shown by its last
statement on file with the superintendent.
(d)  Investments  in equity interests made pursuant to paragraph eight
of such subsection shall be limited to investments in common shares  and
shall  not  include investments in partnership interests or other equity
interests.