Applicability of sections; exempt societies; treatment.

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44-10,109. Applicability of sections; exempt societies; treatment.

(1) Sections 44-1072 to 44-10,109 shall not affect or apply to:

(a) Grand or subordinate lodges of societies, orders, or associations doing business in this state immediately prior to September 6, 1985, which provide benefits exclusively through local or subordinate lodges;

(b) 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 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 or disability benefits of not more than three hundred fifty dollars to any person in any one 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 or for disability benefits of not more than three hundred fifty dollars to any one person in any one year, or both.

(2) Any such society or association described in subdivision (1)(c) or (1)(d) of this section which provides for death or disability benefits for which benefit certificates are issued, and any such society or association included in subdivision (1)(d) of this section which has more than one thousand members, shall not be exempted from sections 44-1072 to 44-10,109 but shall comply with all requirements thereof.

(3) No society which is exempt from the requirements of sections 44-1072 to 44-10,109 pursuant to this section, except any society described in subdivision (1)(b) 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 sections 44-1072 to 44-10,109, except that the provisions relating to medical examination, valuations of benefit certificates, and incontestability shall not apply to such society.

(5) The Director of Insurance may require from any society or association, by examination or otherwise, such information as will enable the director to determine whether such society or association is exempt from sections 44-1072 to 44-10,109.

(6) Societies exempted pursuant to this section shall also be exempt from all other provisions of the insurance laws of this state.

Source

  • Laws 1985, LB 508, § 38.


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