Chapter 176

Section 1. Any incorporated society, order or supreme lodge, without capital stock, conducted solely for the benefit of its members and their beneficiaries, and not for profit, operated on a lodge system with ritualistic form of work, having a representative form of government, a…

Section 10. A domestic society may amend its articles of incorporation, constitution or laws in accordance with the provisions thereof by action of its supreme legislative or governing body at any regular or special meeting thereof, or, if its articles of incorporation, constitut…

Section 11. Whoever with fraudulent intent alters, defaces, mutilates, destroys or conceals any record of any society made by or in the custody of the secretary thereof shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year…

Section 12. Any society may create, maintain, invest, disburse and apply a death fund, any part of which may in accordance with the by-laws of the society be designated and set apart as an emergency, a surplus or other similar fund, and a disability fund and a hospitalization and…

Section 13. No society shall make any disbursements of fifteen dollars or more, except disbursements on account of the return of dues paid in advance, unless the same be evidenced by a voucher signed by or on behalf of the person receiving the money and correctly describing the c…

Section 14. It shall be lawful for a society to create, maintain and operate charitable, benevolent or educational institutions for the benefit of its members and their families and dependents, and for the benefit of children insured by the society. For such purpose it may own, h…

Section 15. A society may pay benefits, other than insurance benefits, to its members from any special account or fund maintained for such purpose; provided, that if such benefits are of such a nature that they could constitute benefits within the classes of insurance set forth i…

Section 16. (a) The officers and members of the supreme, grand or any subordinate body of a society shall not be personally liable for the payment of any benefits provided by a society. (b) A person may be indemnified and reimbursed by a society for expenses reasonably incurred b…

Section 17. A society authorized to do business in the commonwealth may provide for the payment of— (a) Death benefits in any form; (b) Endowment benefits; (c) Annuity benefits; (d) Temporary or permanent disability benefits; (e) Hospital, medical or nursing benefits; (f) Monumen…

Section 18. A society may provide for benefits on the lives of children under the minimum age for adult membership, but not greater than eighteen years of age at time of application therefor, upon the application of some adult person, as its by-laws or rules may provide, which be…

Section 19. Deferred payments or instalments of claims shall be considered as fixed liabilities on the happening of the contingency upon which such payments or instalments are thereafter to be paid. Such liability shall be the present value of such future payments or instalments …

Section 1A. Notwithstanding any general or special law to the contrary, chapter 176V shall apply to fraternal benefit societies governed by this chapter.

Section 1B. Notwithstanding any general or special law to the contrary, chapter 176W shall apply to fraternal benefit societies governed by this chapter.

Section 2. A society having a supreme legislative or governing body and subordinate lodges or branches by whatever name known, into which members are elected, initiated or admitted in accordance with its constitution, by-laws, ritual and rules, which subordinate lodges or branche…

Section 20. A society may grant paid-up nonforfeiture benefits, cash surrender values, certificate loans and such other options as its by-laws may permit. As to each certificate issued, a society shall grant at least one paid-up nonforfeiture benefit, except in the case of pure e…

Section 21. (a) The owner of a benefit contract shall have the right at all times to change the beneficiary or beneficiaries in accordance with the laws or rules of the society unless the owner waives this right by specifically requesting in writing that the beneficiary designati…

Section 22. No money or other benefit, charity, relief or aid to be paid, provided or rendered by any society, shall be liable to attachment or other process, or to be seized, taken, appropriated or applied by any legal or equitable process or operation of law to pay any debt or …

Section 22A. No society shall by its by-laws or by any contract or policy made or issued by it in this commonwealth restrict the payment of benefits or any part thereof accruing under such by-laws, contract or policy upon the death of a member or of the person insured, as the cas…

Section 23. Every society authorized to do business in the commonwealth shall issue to each benefit member a certificate specifying the amount of benefits provided thereby. The certificate, together with any riders or endorsements attached thereto, the charter or articles of inco…

Section 24. (a) No certificate shall be delivered or issued for delivery in this commonwealth unless a copy of the form has been filed with the commissioner in the manner provided for like policies issued by life insurers in this commonwealth. Every life, accident, health, or dis…

Section 25. Whenever it appears by a valuation certified to by a competent actuary that the actual assets of a society exceed its liabilities, including in liabilities the tabular reserves computed on the basis specified in section twenty by an amount equal to five per cent of sa…

Section 27. The constitution and by-laws of the society may provide that no subordinate body, nor any of its subordinate officers or members shall have the power or authority to waive any of the provisions of by-laws or the constitution. Such provisions shall be binding on the so…

Section 28. A domestic society may, by a reinsurance agreement, cede any individual risk or risks in whole or in part to an insurer, other than another fraternal benefit society, having the power to make such reinsurance and authorized to do business in the commonwealth, or, if n…

Section 29. The authority of a society licensed under the provisions of this chapter may be renewed annually, but in all cases shall terminate on the first day of the succeeding July; provided, however, a license so issued shall continue in full force and effect until the new lic…

Section 3. A society has a representative form of government when: (a) it has a supreme governing body constituted in one of the following ways: (1) The supreme governing body is an assembly composed of delegates elected directly by the members or at intermediate assemblies or co…

Section 30. No foreign or alien society shall transact business in the commonwealth without a license issued by the commissioner. Any such society may be licensed to transact business in the commonwealth upon filing with the commissioner— (a) A duly certified copy of its charter …

Section 31. The beneficiary under a certificate issued by any society may maintain an action thereon in his own name.

Section 32. A foreign society, if formed under the laws of any government or state other than the United States or one of the United States, shall not be admitted and authorized to transact business in the commonwealth until, besides complying with the conditions of sections thir…

Section 33. When the commissioner upon investigation finds that a domestic society— (a) Has exceeded its powers; (b) Has failed to comply with any provision of this chapter; (c) Is not fulfilling its contracts in good faith; (d) Has a membership of less than four hundred after an…

Section 34. When the commissioner upon investigation finds that a foreign or alien society transacting or applying to transact business in this state, (a) has exceeded its powers; (b) has failed to comply with any of the provisions of this chapter; (c) is not fulfilling its contr…

Section 35. Agents of societies shall be licensed in accordance with the provisions of this section. (1) The term ''insurance agent'' as used in this section means any authorized or acknowledged agent of a society who acts as such in the solicitation, negotiation or procurement o…

Section 36. Every society authorized to do business in the commonwealth shall appoint in writing the commissioner and each successor in office to be its true and lawful attorney upon whom all lawful process in any action or proceeding against it shall be served, and shall agree i…

Section 37. No application or petition for injunction against any domestic, foreign or alien society, or branch thereof, shall be brought in any court of the commonwealth except by the attorney general upon request of the commissioner.

Section 38. All decisions and findings of the commissioner made under the provisions of this chapter shall be subject to review by proper proceedings in any court of competent jurisdiction in the commonwealth.

Section 39. All assets shall be held, invested and disbursed for the use and benefit of the society, and no member or beneficiary shall have or acquire individual rights therein or become entitled to any apportionment or the surrender of any part thereof, except as provided in th…

Section 4. (1) Seven or more citizens of the United States, a majority of whom are citizens of the commonwealth who desire to form a fraternal benefit society, may make, sign and acknowledge before some officer, competent to take acknowledgment of deeds, articles of incorporation…

Section 40. Every society shall invest its funds in securities permitted by chapter one hundred and seventy-five for the investment of the capital of insurance companies, except that it may invest its funds in the shares or savings deposits of federal savings and loan association…

Section 41. Reports shall be filed and synopsis of annual statements shall be published in accordance with the provisions of this section. (1) Every society transacting business in the commonwealth shall annually, on or before the first day of March, unless for cause shown such t…

Section 42. Any society may, in the annual statement required by section forty-one, value its bonds or other evidences of debt having a fixed term and rate and not in default as to principal or interest and if amply secured, in accordance with the following rule:— if purchased at…

Section 43. If the stated periodical contributions of the members of any society subject to section forty-one are insufficient to pay all reported death, disability, hospitalization and medical service claims in full, and to provide for the creation and maintenance of the funds r…

Section 44. The commissioner, or any person he may appoint, shall have the power of visitation and examination into the affairs of any domestic society, and he shall make such examination at least once in every three years. He may employ assistants for the purpose of such examina…

Section 45. The commissioner, or any person whom he may appoint, may examine any foreign or alien society transacting or applying for admission to transact business in this state. He may employ assistants, and he, or any person he may appoint, shall have free access to all books,…

Section 46. Pending, during or after an examination or investigation of a society, either domestic, foreign or alien, the commissioner shall make public no financial statement, report or finding, nor shall he permit to become public any financial statement, report or finding affe…

Section 47. No person shall cause or permit to be made, issued or circulated in any form— (a) Any misrepresentation or false or misleading statement concerning the terms, benefits or advantages of any fraternal insurance contract now issued or to be issued in the commonwealth, or…

Section 48. No society doing business in the commonwealth shall make or permit any unfair discrimination between insured members of the same class and equal expectation of life in the premiums charged for certificates of insurance, in the dividends or other benefits payable there…

Section 49. Every society organized or licensed under this chapter is hereby declared to be a charitable and benevolent institution, and all of its funds shall be exempt from all and every state, county, district, municipal and school tax other than taxes on real estate and offic…

Section 5. The principal office of any domestic society shall be located in the commonwealth. The meetings of its supreme legislative or governing body may be held in any state, district, province or territory wherein such society has at least five subordinate branches, and all b…

Section 50. Societies shall be governed by this chapter, and shall be exempt from all other provisions of the insurance laws of the commonwealth except sections sixteen, one hundred and sixty A, one hundred and sixty B, one hundred and seventy-eight to one hundred and eighty, inc…

Section 51. Nothing contained in this chapter shall be so construed as to affect or apply to— (a) Grand or subordinate lodges of societies, orders or associations doing business in the commonwealth on December thirty-first, nineteen hundred and fifty-eight, which provide benefits…

Section 52. Any person who willfully makes a false or fraudulent statement in or relating to an application for membership or for the purpose of obtaining money from or a benefit in any society, shall be punished by a fine of not less than one hundred nor more than five hundred d…