Sec. 885.158. POWERS AND DUTIES UNDER PRELIMINARY CERTIFICATE OF AUTHORITY; QUALIFICATION. (a) On receipt of a preliminary certificate of authority from the department under Section 885.157, a fraternal benefit society:
(1) may solicit from its members applications for insurance benefits for the purpose of completing the society's qualification;
(2) shall collect from each applicant an amount equal to at least one regular monthly payment, in accordance with the society's table of rates as provided by the fraternal benefit society's laws; and
(3) shall issue to each applicant a receipt for the amount collected under Subdivision (2).
(b) A fraternal benefit society operating under a preliminary certificate of authority may not incur a liability other than for advance payments collected under Subsection (a)(2), issue a benefit certificate, or pay, allow, or offer or promise to pay or allow to any person a death or disability benefit until:
(1) the society has established 10 lodges into which at least 500 applicants have been initiated;
(2) the society has received bona fide applications for death benefit certificates on at least 500 lives for at least $2,000 each;
(3) each applicant for death benefits under Subdivision (2) has been regularly examined by a legally qualified practicing physician;
(4) a certificate of each medical examination has been filed with and approved by the chief medical examiner of the society;
(5) the society submits to the department a list of the applicants for death benefits under Subdivision (2); and
(6) the society shows to the department, by the sworn statement of its treasurer or corresponding officer, that at least 500 applicants have each paid in cash in advance at least one regular monthly payment per $1,000 of indemnity to be provided and that the payments in the aggregate amount to at least $150,000.
(c) The list of applicants for death benefits submitted under Subsection (b)(5) must be under oath of the fraternal benefit society's president and secretary or corresponding officers and must provide for each applicant:
(1) the applicant's name and address;
(2) the date the applicant was examined;
(3) the date the applicant was approved;
(4) the date the applicant was initiated;
(5) the name and number of the lodge of which the applicant is a member;
(6) the amount of benefits to be granted; and
(7) the rate of stated premiums.
(d) The rate of stated premiums under Subsection (c)(7) must be sufficient to provide for meeting the obligations the fraternal benefit society has contracted to pay, when valued for death benefits on the basis of the National Fraternal Congress Table of Mortality, as adopted by the National Fraternal Congress, August 23, 1899, or, at the society's option, any higher standard, and for disability benefits or combined death and permanent total disability benefits by tables based on reliable experience, with an interest assumption not greater than a rate of four percent a year.
(e) A fraternal benefit society shall hold advance payments received under this section in trust during the period of completing qualification. The society shall credit the advance payments to the mortuary or disability fund on account of the applicants and may not use any part of the payments for expenses. If the society does not complete its qualification within one year, as provided by this subchapter, the society shall return the advance payments to the applicants.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
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