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Each benevolent association shall have at all times not less than 200 members in good standing. A 'member' or 'member in good standing' is an individual who must contribute to a benevolent association upon notice of assessment. Every benevolent association shall issue a receipt or other evidence of payment to each person making a payment of any kind to the association. (a) This chapter applies only to benevolent associations.
(b) The provisions of this title do not apply to an association unless contained or referred to in this chapter.
'Officer' is any of the individuals having supervision and control of a benevolent association, and engaging in the management and the prosecution of the business thereof, whether designated as officers, trustees, comptrollers,
managers, or by whatever name called. No more than five officers of a benevolent association may act for the association without obtaining a license as an agent. The officers shall be subject to the jurisdiction of the director in the same manner as though they were licensed as agents under AS 21.27. The director may require a benevolent association to file quarterly financial statements as provided in AS 21.09.205
. The statements must exhibit the items and facts required under AS 21.72.120
(a). Agents for a benevolent association may be appointed in accordance with AS 21.27, and shall be subject to the applicable provisions of that chapter, except as provided in AS 21.72.060
. An agent may not be appointed if there are less than three officers in charge of the association. (a) Each benevolent association shall be in charge of its officers, and may not have more than five officers.
(b) The treasurer and any other officer having charge of funds of a benevolent association shall each be bonded in the amount of $5,000, executed to the state, joint and several, for the use and benefit of the members or beneficiaries of the association. Each bond shall be on file in the principal office and address of the association and a certified copy must be filed with the director.
Each benevolent association shall promptly file with the director a copy, certified to by its president and secretary,
of each of the following:
(1) if incorporated, any amendment of articles of incorporation or of bylaws;
(2) if not incorporated, any amendment of articles of association, of agreement, or of rules or agreements with its members;
(3) any modification of its form of membership contracts.
(a) A benevolent association may not transact or be authorized to transact business in this state unless it lawfully had authority to transact business as an association immediately before July 1, 1966.
(b) A new benevolent association may not be organized or formed in this state after July 1, 1966.
(c) An association formed or existing under the laws of another state or jurisdiction may not be authorized to transact business in this state after July 1, 1966.
(a) A 'membership contract' is a certificate, policy, membership agreement, by whatever name called, or a promise or agreement, of a benevolent association with any or all of its members, whereby money or other benefit, charity, aid, or relief is to be paid, provided, or rendered by the association upon the decease of a member to the legal representatives of the member, or to the beneficiary or beneficiaries designated by the member.
(b) There shall be one contributing member for each membership contract, but a membership contract may cover more than one individual.
(a) Each completed proof of claim for death of a member of a benevolent association shall be assigned a number by the association in consecutive order of receipt for each calendar year.
(b) Payment in full on final settlement of death benefits shall be made by the association to the legal heir or heirs, or the designated beneficiary or beneficiaries, within 20 days after the expiration date stated in the association's notice referred to in AS 21.72.110
(a)(3).
(a) Within 30 days after a benevolent association receives a completed proof of claim for death of a member, it must mail to each of its members in good standing an assessment notice stating
(1) the name, date, and place of death of the deceased member;
(2) the number of the proof of death claim assigned by the association;
(3) the amount of the assessment and the expiration date of the assessment payment;
(4) the number of members in good standing to whom notices are being sent, as computed from the last completed assessment.
(b) At the time of mailing the assessment notice required by (a) of this section, the association shall send a duplicate copy to the director for filing, together with information as to the mailing of the notice to members.
(a) The total expenses of a benevolent association during a calendar year may not exceed the larger of:
(1) 10 percent of the total amount received during the year, whether as assessments, dues, donations or by whatever name called, except fees collected for new memberships; or
(2) $15 per death loss incurred during the year.
(b) The association may, instead of providing for expenses as in (a) of this section, assess each of its members for expenses at an amount not to exceed $3 a calendar year, except that the assessment may not exceed $4 a year if a membership certificate includes within its protection a family group consisting of two or more persons. The proceeds of the assessments shall be placed in an expense fund out of which all of the expenses of the association for the year shall be paid. The association shall show the condition of the expense fund in its annual statement.
(c) The association shall state in its annual statement whether the expenses to be shown in its next annual statement will be determined as in (a) of this section or whether the members will be assessed for the same as in (b) of this section.
An association may not use both methods or a combination of both methods.
(a) A corporation, association, or society, or by whatever name called, that issues a certificate, policy, membership agreement, or makes a promise or agreement with its members, whereby, upon the death of a member, money or other benefit, charity, aid, or relief is to be paid, provided, or rendered by the corporation, association, or society to the legal representatives of the member, or to the beneficiary designated by the member, which money, benefit, charity,
aid, or relief is derived from voluntary donations, or from admission fees, dues, or assessments, or any of them collected or to be collected from the members, or members of a class therein, or interest or accretions, or accumulations; and if the money or other benefit, charity, aid, or relief, so realized, is applied to or accumulated for the uses and purposes herein specified, the uses of the corporation, association, or society, or the expenses of management and prosecution of its business, is considered to be a benevolent association for the purposes of this chapter.
(b) The definition of benevolent association in (a) of this section does not apply to
(1) burial or death benefits, annuities, endowments, or any other benefit payments of a legal reserve life or health insurer, or of a labor union, railroad brotherhood, or lodge having as a primary business the improvement of working conditions;
(2) a ladies auxiliary to a labor union, railroad brotherhood, or lodge referred to in (1) of this subsection; or
(3) the benevolent plans within fraternal orders if limited to members and if the plan is not the principal object for the formation or continuance of the fraternal order.
In addition to the provisions contained in the chapter, other chapters and provisions of this title shall apply to benevolent associations, to the extent applicable, as follows:
(1) AS 21.03;
(2) AS 21.06;
(3) AS 21.09.010
, 21.09.050, 21.09.100 and 21.09.130 - 21.09.190;
(4) AS 21.18.010
and 21.18.030;
(5) AS 21.36;
(6) AS 21.42;
(7) AS 21.69.370
, 21.69.390, 21.69.400, 21.69.630, and 21.69.640;
(8) AS 21.78.
(a) In addition to compliance with AS 21.09.200
, the annual statement of a benevolent association must exhibit the following items and facts:
(1) the name and business address of the association;
(2) the names and addresses of the officers of the association;
(3) the number of membership contracts in force at the commencement of the year and the number of memberships in good standing at the close of the year for which the statement is made; this provision is also applicable to each subgroup or class, if any, of the association;
(4) the number of death losses claimed; the number and total amount of death losses paid; the number of death claims compromised, denied, or resisted and reasons therefor;
(5) the number of assessments in the association and in each subgroup or class, if any; the amount collected in each assessment; income to the benevolent association from all other sources; and all other fees, assessments, donations, of any kind or nature, except new membership fees from new members;
(6) the expenses actually incurred during the year; debts unpaid at the commencement of the year; debts and obligations of any kind, not including death losses actually paid, incurred during the year; debts unpaid at the close of the year; a breakdown of expenses to show the amount paid in salaries or commissions, office expense, and other expenses, in those cases where members of the benevolent association are assessed for operating expenses of the association;
(7) whether the association has complied with the provisions of AS 21.72.090 and 21.72.100;
(8) the information required by AS 21.72.090
.
(b) Two officers of the association shall attest under oath to the truth of the facts contained in the annual statement.
At least one of the officers must have charge of making up the statement.
(c) A copy of the annual statement certified by the director must be filed on or before the first day of March each year by the association in the office of the magistrate in the judicial district in which the business office of the association is located.
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