New York § 4501 - 4501Definitions

§ 4501. 4501Definitions

§ 4501. Definitions. In this article: (a) "Fraternal benefit society" means, except as used in section four thousand five hundred twenty-three of this article, an incorporated society, order or supreme lodge, without capital stock, formed, organized and carried on solely for the benefit of its members and of their beneficiaries and not for profit, operating on a lodge system and having a representative form of government, which obligates itself for the payment of insurance or annuity benefits or both in accordance with this article. (b) "Society" means any fraternal benefit society. (c) "Authorized fraternal benefit society" or "authorized society" means any society authorized to do business in this state. (d) "Lodge system" means a system of organization of a society providing for a supreme governing body and subordinate lodges, by whatever names known, into which members are elected, initiated or admitted in accordance with the society's constitution, by-laws, rules and regulations, which subordinate lodges shall be required by such constitution or by-laws to hold regular or stated meetings at least once in each month, and either to conduct prescribed ritualistic ceremonies for the initiation of new members or to carry on other altruistic, educational, fraternal or recreational activities. (e) "Representative form of government" means a form of government providing by its constitution and by-laws, for: (1) a supreme governing body composed of representatives elected either by the members or by delegates chosen directly or indirectly by the members, together with such other members as may be prescribed by its constitution or by-laws; (2) the representatives, other than officers, directors and salaried employees, elected directly or indirectly by the members to be a majority of the supreme governing body and to have not less than two-thirds of the votes therein nor less than the votes required to amend its articles of incorporation, constitution and by-laws; (3) the meetings of the supreme governing body and the election of officers, representatives or delegates to be held as often as once in every four calendar years; (4) each insurance member to be eligible for election to the supreme governing body; (5) a board of directors or other executive body, charged with the responsibility for managing the society's affairs between meetings of its supreme governing body, subject to control by its supreme governing body, having powers and duties delegated to it in the constitution and by-laws and required to hold regular meetings at least twice in each calendar year; and (6) no voting by proxy at any meeting of the supreme governing body. (f) "Supreme governing body" means a body by whatever name known, organized and functioning as provided in paragraphs one, two, three, four and six of subsection (e) hereof to exercise supreme direction of a society pursuant to the provisions of law and the society's constitution and by-laws. Such name may include, "supreme legislative body" and "supreme legislative convention", and "board of directors" by a society having an executive body with a different name. (g) "Board of directors" means an executive body by whatever name known, charged as provided in paragraph five of subsection (e) hereof. (h) "Life insurance benefits" means those payable under any form of life insurance including endowment insurance. (i) "Accidental death benefits" means those payable on death caused by accident or accidental means. (j) "Accidental injury benefits" means those payable as a result of bodily injury caused by accident or accidental means. (k) "Sickness benefits" means those payable as a result of temporary, total or partial disability due to sickness or bodily infirmity. (l) "Annuity benefits" means periodical payments either immediate or deferred and continuing during the life or lives of an annuitant or annuitants or during the life or lives of an annuitant or annuitants and for a term of years certain, in an amount which shall not exceed fifteen thousand dollars annually. (m) "Total and permanent disability benefits" means those payable by the society in the case of total and permanent disability as the result of either disease or accident and which are contained in or supplemental to any life insurance or annuity obligation of the society in amounts which do not exceed the greater of five hundred dollars a month or the amounts permitted by subsection (e) of section three thousand two hundred fifteen of this chapter. (n) "Monument or tombstone expense benefits" means those payable to reimburse the cost of monuments or tombstones to the memory of deceased members. (o) "Hospital expense and surgical and medical expense benefits" means those payable for such expenses due to sickness, bodily infirmity or accidental injury. (p) "Disability income insurance benefits" means periodic payments, weekly or monthly, for a specified period during the continuance of disability resulting from sickness or injury, in amounts which do not exceed one thousand two hundred fifty dollars a month. (q) "Long term care benefits" means those payable to members, or upon application of a member for a member's family and dependents as authorized in section one thousand one hundred seventeen of this chapter.