Kentucky Statutes 304.29-371 – Exemption of certain societies
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(1) Nothing contained in this chapter shall be so construed as to affect or apply to:
(a) Grand or subordinate lodges of societies, orders, or associations now doing business in this state which provide benefits exclusively through local or subordinate lodges;
(b) Orders, societies or associations which admit to membership only persons engaged in one (1) or more crafts or hazardous occupations, in the same or similar lines of business, insuring only their own members and their families, and the ladies societies or ladies’ auxiliaries to such orders, societies, or associations;
(c) Domestic societies which limit their membership to employees of a particular city or town, designated firm, business house, or corporation which provide for a death benefit of not more than four hundred dollars ($400) or disability benefits of not more than three hundred fifty dollars ($350) to any person in any one (1) year, or both; or
(d) Domestic societies or associations of a purely religious, charitable, or benevolent description, which provide for a death benefit of not more than four hundred dollars ($400) or for disability benefits of not more than three hundred fifty dollars ($350) to any one (1) person in any one (1) year, or both.
(2) Any society or association described in paragraph (c) or (d) of subsection (1) of this section which provides for death or disability benefits for which benefit certificates are issued, and any society or association included in paragraph (d) of subsection (1) of this section which has more than one thousand (1,000) members, shall not be exempted from the provisions of this subtitle but shall comply with all requirements therein.
(3) No society which, by the provisions of this section, is exempt from the requirements of this subtitle, except any society described in paragraph (b) of subsection (1) of this section, shall give or allow, or promise to give or allow to any person any compensation for procuring new members.
(4) Every society which provides for benefits in case of death or disability resulting solely from accident, and which does not obligate itself to pay natural death or sick benefits, shall have all of the privileges and be subject to all the applicable provisions and regulations of this subtitle except that the provisions thereof relating to medical examination, valuations of benefit certificates, and incontestability, shall not apply to the society.
(5) The commissioner may require from any society or association, by examination or otherwise, such information as will enable the commissioner to determine whether the society or association is exempt from the provisions of this subtitle.
(6) Societies, exempted under the provisions of this section, shall also be exempt from all other provisions of the insurance laws of this state.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1406, effective July 15, 2010. — Created
1988 Ky. Acts ch. 310, sec. 37, effective January 1, 1989.
(a) Grand or subordinate lodges of societies, orders, or associations now doing business in this state which provide benefits exclusively through local or subordinate lodges;
Terms Used In Kentucky Statutes 304.29-371
- City: includes town. See Kentucky Statutes 446.010
- Domestic: when applied to a corporation, partnership, business trust, or limited liability company, means all those incorporated or formed by authority of this state. See Kentucky Statutes 446.010
- Laws: shall mean the society's articles of incorporation, constitution and bylaws, however designated. See Kentucky Statutes 304.29-041
- Society: shall mean fraternal benefit society, unless otherwise indicated. See Kentucky Statutes 304.29-041
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Year: means calendar year. See Kentucky Statutes 446.010
(b) Orders, societies or associations which admit to membership only persons engaged in one (1) or more crafts or hazardous occupations, in the same or similar lines of business, insuring only their own members and their families, and the ladies societies or ladies’ auxiliaries to such orders, societies, or associations;
(c) Domestic societies which limit their membership to employees of a particular city or town, designated firm, business house, or corporation which provide for a death benefit of not more than four hundred dollars ($400) or disability benefits of not more than three hundred fifty dollars ($350) to any person in any one (1) year, or both; or
(d) Domestic societies or associations of a purely religious, charitable, or benevolent description, which provide for a death benefit of not more than four hundred dollars ($400) or for disability benefits of not more than three hundred fifty dollars ($350) to any one (1) person in any one (1) year, or both.
(2) Any society or association described in paragraph (c) or (d) of subsection (1) of this section which provides for death or disability benefits for which benefit certificates are issued, and any society or association included in paragraph (d) of subsection (1) of this section which has more than one thousand (1,000) members, shall not be exempted from the provisions of this subtitle but shall comply with all requirements therein.
(3) No society which, by the provisions of this section, is exempt from the requirements of this subtitle, except any society described in paragraph (b) of subsection (1) of this section, shall give or allow, or promise to give or allow to any person any compensation for procuring new members.
(4) Every society which provides for benefits in case of death or disability resulting solely from accident, and which does not obligate itself to pay natural death or sick benefits, shall have all of the privileges and be subject to all the applicable provisions and regulations of this subtitle except that the provisions thereof relating to medical examination, valuations of benefit certificates, and incontestability, shall not apply to the society.
(5) The commissioner may require from any society or association, by examination or otherwise, such information as will enable the commissioner to determine whether the society or association is exempt from the provisions of this subtitle.
(6) Societies, exempted under the provisions of this section, shall also be exempt from all other provisions of the insurance laws of this state.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1406, effective July 15, 2010. — Created
1988 Ky. Acts ch. 310, sec. 37, effective January 1, 1989.