2014 -- H 7475
Enacted 06/16/14
A N A C T
RELATING TO INSURANCE - RHODE ISLAND FRATERNAL CODE
Introduced By: Representatives Keable, and Kennedy
Date Introduced: February 13, 2014
It is enacted by the General Assembly as follows:
SECTION 1. Section 27-25-38 of the General Laws in Chapter 27-25 entitled "Rhode Island Fraternal Code" is hereby amended to read as follows:
27-25-38. Exemption of certain societies. -- (a) Nothing contained in this chapter shall be construed as to affect or apply to:
(1) Grand or subordinate lodges of
societies, orders, or associations now doing business in this state which
that provide benefits exclusively through local or subordinate lodges;
(2) Orders,
societies, or associations which admit to membership only persons engaged in
one 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 those orders, societies, or associations;
(3)(2) Domestic societies which that limit
their membership to employees of a particular city or town, designated
firm, business house, or corporation which that provide for a
death benefit of not more than fifteen hundred dollars ($1500) or disability
benefits of not more than twelve hundred dollars ($1200) to any person in any
one year, or both; or
(4)(3) Domestic societies or associations of a
purely religious, charitable, or benevolent description, which that
provide for a death benefit of not more than fifteen hundred dollars ($1500) or
for disability benefits of not more than twelve hundred dollars ($1200) to any
one person in any one year, or both.
(5)(4) Any association, whether a fraternal benefit
society or not, which that was organized before 1880 and whose
members are officers or enlisted, regular or reserve, active, retired, or
honorably discharged members of the Aarmed Fforces
or Ssea Sservices of the United States, and a principal
purpose of which is to provide insurance and other benefits to its members and
their dependents or beneficiaries.
(b) Any society or association
described in subdivision (a)(3) or (a)(4) of this section which that
provides for death or disability benefits for which benefit certificates are
issued, and any society or association included in subdivision (a)(4) of this
section which that has more than fifteen hundred (1500) members,
shall not be exempted from the provisions of this chapter, but shall
comply with all of its requirements.
(c) No society which that,
by the provisions of this section, is exempt from the requirements of this
chapter, except any society described in subdivision (a)(2) of this section,
shall give or allow, or promise to give or allow, to any person any
compensation for procuring new members.
(d) Every society which that
provides for benefits in case of death or disability resulting solely from
accident, and which that 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 chapter, except that
the provisions of this chapter relating to medical examination, valuations of
benefit certificates, and incontestability, shall not apply to the society.
(e) The commissioner of insurance may require from any society or association, by examination or otherwise, any information that will enable the commissioner to determine whether the society or association is exempt from the provisions of this chapter.
(f) Each association that is exempted
from insurance regulation under subdivision (a)(5) of this section shall
annually, on or before the first day of May, file with the commissioner a true
and complete financial statement, audited by an independent,
certified public accountant or accounting firm, of its financial
condition, transactions, and affairs for the preceding calendar year and
pay a fee of ten dollars ($10.00) for filing the same. Such an association may
be required to file quarterly financial statements upon request by the
insurance commissioner, due on or before forty-five (45) days after the quarter
ending. Annual and quarterly statements shall be available for inspection by
the public. If, in the opinion of the commissioner, such an association has not
maintained assets sufficient to meet its liabilities and the minimum capital
and surplus requirements set forth in section §27-2-5, the
commissioner may order such association to increase its capital and surplus. If
the association is unable to satisfy such order, the commissioner may order
such association to cease and desist from assuming any additional liabilities
in this state until such time as the association is able to satisfy the capital
and surplus requirements ordered by the commissioner. Such orders shall be
subject to judicial review pursuant to section §27-25-36.
(g) Societies exempted under the provisions of this section shall also be exempt from all other provisions of the insurance laws of this state.
SECTION 2. This act shall take effect upon passage.
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LC004508
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