Arkansas Administrative Code › Agency 024 - Burial Association Board › Rule 024.00.76-001 - Amended Rules and Regulations

Current through Register Vol. 49, No. 6, June, 2024
Exhibit A
ACTION BY ARKANSAS BURIAL ASSOCIATION BOARD
AT PUBLIC HEARING, JULY 28, 1976
BY-LAWS
Article #3
: Any person who is in good health may become a member of this Association. The correct age of each person to be covered by the certificate for which application is made must be written in the application, and shall be subject to verification by any record this Association may deem necessary to prove or establish the true date of the birth of such person. Any certificate shall be incontestable, except for fraud, .after the same has been in effect for one year. (Amended)
Article #14:
The Association shall make such minimum assessments and collect such dues as shall be by law provided. (Amended)
Article #18
: (Reinstated) All funds received by the Association shall be placed in an insured bank to the credit of the Association, and all disbursements shall be by check signed by the Secretary-Treasurer.
Article #19
(Repealed)
Article #21
(Repealed)
Article #24:
Failure to notify the Secretary-Treasurer of the death of a member within the service area of the Association before burial shall relieve the Association of liability under the certificate of such deceased member. If a member dies outside the service area of the Association to which he belongs and funeral and burial is to be out of such service area, notification of death is not necessary in order for the minimum benefit (not less than 80%) to be collectible on the certificate, regardless of the servicing funeral home. If a member dies outside of the service area of the Association to which he belongs and either the funeral or interment is within the area of such association, then said association must be given the option of handling the funeral or interment, as the case may be, in order for benefits to be collectible on the certificate by the servicing funeral home. The service area shall be considered 25 miles. No merchandise will be used as settlement of claims except agreed to by all three parties, namely the contract funeral director, the servicing funeral director and the family. (Amended)
Article #28:
If at any time the funeral home customarily employed by the association cannot service the funeral, then the Secretary-Treasurer shall pay at least 80 per cent of the face value of the certificate to the servicing funeral director, (amended)
RULES AND REGULATIONS
#10
(Repealed)
#11
: Each Burial Association or Society licensed in this State shall file a Semi-Annual report showing the actual condition of the Association as of June 30 and December 31 of each year on forms provided by the Board. If said report is not filed within thirty (30) days from the date upon which it is due, the Board may revoke and cancel the authorization of such Burial Association to. transact business in the State of Arkansas. (Amended.)
#13
(Repealed)
Exhibit B ARKANSAS BURIAL ASSOCIATION BOARD BY-LAWS
All Burial Associations shall have and maintain rules and by laws embodying the following;
ARTICLE 1. The name of this Association shall be _________, a mutual benevolent association, and the principal place of business of the Association shall be______________________________.
ARTICLE 2. The objects and purposes for which this Association is formed and the purposes for which it has been organized shall be to provide a plan for each member of this Association for the payment of all or a part of the funeral expenses of such members or a plan for the furnishing or undertaking to furnish merchandise* supplies and services or any other character of burial benefits to such member, or a plan for the issuance of a certificate which provides for the payment of funeral benefits to such member in merchandises services or supplies, including the services of funeral directors and embalmers.
ARTICLE 3. Any person who is in good health may become a member of this Association. The correct age of each person to be covered by the certificate for which application is made must be written in the applications and shall be subject to verification of any record this Association may deem necessary to prove or establish the true date of the birth of such person. Any certificate shall be Incontestable, except for fraud, after the same has been in effect for one year.
ARTICLE 4. The first meeting of the Association shall be held on the __________ day of_____________, at the principal office of the Association, and successive annual meeting's shall be held on the corresponding date of each year at said place,, at which meetings each member in good standing in accordance with these by-laws shall be entitled to vote, either in person or by proxy. A member in good standing is hereby defined to mean any person entitled to receive benefits under a certificate. No further notice than is contained in these by-laws shall be given of the date of annual meetings.
ARTICLE 5. Any number of members in good standing present at an annual meeting in person or by proxy shall constitute a quorum for the transaction of business, and any action taken by a majority at such annual meeting shall be binding upon the Association as a whole.
ARTICLE 6. The officers of the Association shall consist of a President, Vice Presidents and Secretary-Treasurer, who together shall constitute a Board of Directors, and who shall be elected at the annual meetings of the association. They shall serve for a term of one year and until their successors are elected and qualified. They shall assume office immediately after their election. The Board of Directors shall have full power and authority to manage and direct the affairs of the Association in compliance with the by-laws.
ARTICLE 7. The Secretary-Treasurer shall be the executive officer of the Association and shall "keep all records, books and accounts, approve or reject applications and issue certificates of membership., levy and collect all assessments or membership dues., sign all checks, contracts and other documents for the Association, employ all agents and do & perform all things necessary or proper in the operation of the Association and to its best interest in accordance with these by-laws, the laws of State of Arkansas and the Rules and Regulations of the Burial Association Board. Me shall make a good and sufficient bond, payable to the Association, for the use and benefit of this Association, in a sum fixed by the said Association to account for all money and property of the Association coming into his hands. The Association may at any time require an increase in the amount of such bond. Premium of such bond shall be paid by the Association.
ARTICLE 8. No person shall be eligible to serve as an officer or director of the Association unless he or she is a member in good standing.
ARTICLE 9. The books and records of the Association shall be kept so as to accurately reflect the actual condition of the Association at all times.
ARTICLE 10. Salaries and the cost of necessary records, forms, stationery, stamps and miscellaneous office expense are to be paid by check signed by the Secretary-Treasurer, and in no event shall expense for any year exceed twenty percent (20%) of the gross receipts for such year.
ARTICLE 11. The Association shall not borrow money nor shall its assets be pledged for any purpose.
ARTICLE 12 Application for membership shall be made in writing and certification by the applicant or a relative or guardian; shall state the correct age and condition of health of each person for whom a membership is desired; and any misstatement of age of an applicant for membership shall change the amount of benefits of such member to the benefits which such member would have received based upon the amounts of membership dues paid by or for him or her had his or her correct age been stated in the application and certificate issued thereon.
ARTICLE 13. Membership in the Association shall be upon application and payment of a membership fee. The application must be approved by the Secretary-Treasurer. If the application is rejected, the fee will be returned to the applicant.
ARTICLE 14. The Association shall make such minimum assessments and collect such dues as shall be by law provided.
ARTICLE 15. The membership fee. equal to a quarterly assessment, shall be paid to the Secretary-Treasurer or to some other person appointed by the Association as solicitor and licensed by the Burial Association Board.
ARTICLE 16. Each certificate issued by the Association shall contain, among other things, a summary of the By-laws of the Association.
ARTICLE 17. Assessments or membership dues shall be levied against all persons who have been members of the Association for thirty days or more, and notice of said assessment or accrual of membership dues shall be mailed to the address of the member shown on the application blank unless notice of change of address has been given to the Association. Change of address should be given promptly to avoid failure to receive notice of assessment or accrual of membership dues.
ARTICLE 18. All funds received by the Association shall be placed in an insured bank to the credit of the Association, and all disbursements shall be by check signed by the Secretary-Treasurer.
ARTICLE 19 The service and casket to members holding benefit certificates with the Association shall be up to the standard of, and in keeping with the services and caskets sold at similar prices by funeral directors of this and other towns in this territory.
ARTICLE 20. If any member's certificate shall lapse for non-payment of assessment or membership dues, such certificate may be reinstated within 12 months thereafter by payment of all defaulted amounts, and the furnishing of a certificate of good health. Reinstatement of certificate holder could be made without paying back dues, providing there was no age change.
ARTICLE 21. Members whose health has failed or who have passed into a new age group since the certificate of membership lapsed cannot be reinstated, and any misrepresentation as to the state of health or age of any member made for the purpose of obtaining reinstatement as a member of the Association shall render the certificate issued as a result of such misrepresentation null and void and the Association will not be liable for any claim made on account of such certificate.
ARTICLE 22. Failure to notify the Secretary-Treasurer of the death of a member within the service area of the Association before burial shall relieve the Association of liability under the certificate of such deceased member. If a member dies outside the service area of the Association to which he belongs and funeral and burial is to be out of such service area notification of death is not necessary in order for the minimum benefit (not less than 80%) to be collectible on the certificate, regardless of the servicing funeral home. If a member dies outside of the service area of the Association to which he belongs and either the funeral or interment is within the area of such association, then said association must be given the option of handling the funeral or interment, as the case may be, in order for benefits to be collectible on the certificate by the servicing funeral home. The service area shall be considered 25 miles. No merchandise will be used as settlement of claims except agreed to by all three parties, namely the contract funeral director, the servicing funeral director and the family.
ARTICLE 25. If the body of any member shall be lost, destroyed or be rendered incapable of burial, then upon proof satisfactory to the Association of such fact, the Association shall refund all of the Assessments or membership dues paid to the Association for benefits for such member. The refund shall be made to the person paying such assessments or membership dues or to his executor or administrator.
ARTICLE 26. In the event legislation or regulations by either the State of Arkansas or the United States of America are enacted or promulgated prohibiting the operation of Burial Associations, all funds in the Treasury of this Association, after all just claims against the Association have been settled or paid, shall be divided pro rata among the certificate holders of the Association in good standing at the time.
ARTICLE 27. If at the end of any calendar year the funds in the Treasury of the Association are more than sufficient to meet losses and expenses for such year* then the surplus shall be carried as a reserve for the sole purpose of meeting future losses and expenses.
ARTICLE 28. If at any time the funeral home customarily employed by the association cannot the funeral, then the Secretary-Treasurer shall pay at least 30 per cent of the face value of the certificate to the servicing funeral director.