A benevolent society shall credit to its mortuary fund that part of any postmortem assessment in excess of the amount required to pay the death claim for which the assessment was levied. If the society has more than one unit of membership, the mortuary fund must be kept separately by units. The fund must be used toward the payment of claims for deaths occurring within the unit from which the fund arose, and no assessment levy may be made unless the balance in the fund is insufficient to pay a claim on which notice and proof of death has been received. No expenses may be paid from the mortuary fund.
26.1-16-22. Notice of assessment - Contents - Cancellation of certificate - Reinstatement. The notice of assessment in each case must provide that if the member to whom the notice is directed does not make payment within the time specified therein, which may be not less than fifteen days nor more than forty-five days after the date of the notice, the member's certificate will be canceled. If payment is not made within that time, a notice of cancellation must be mailed to the member informing the member that if the assessment is not paid within ten days from the mailing of the notice of cancellation, the member's certificate will be canceled. The notice of cancellation must be mailed to the member at the member's last-known address immediately after the expiration of the time specified in the notice of assessment, and proof of the mailing must be established on forms provided for that purpose by the United States postal service. If payment is not made within the time specified in the notice of cancellation, the certificate must be canceled. If payment of an assessment is made to the society subsequent to the date of cancellation of the certificate, the payment may be considered as a reinstatement fee and placed in the expense fund of the society.
26.1-16-23. Secretary of society to levy assessments - Notice to members - Distribution of proceeds of assessments. Upon approval of a claim arising from the death of a member, the secretary of the society, if the mortuary fund is insufficient to pay the claim, shall levy an assessment upon the membership in accordance with the provisions of the membership certificate of the deceased member. Notice of the assessment must be mailed to each member at the member's last post-office address as given to the secretary. The notice must state: 1. The name and address of the deceased member. 2. The maximum benefit payable upon the member's certificate. 3. The amount of the assessment. 4. The date upon which the assessment shall become delinquent. Upon the expiration of the period within which payment of the assessment may be made and the further period specified in the notice of cancellation required under section 26.1-16-22, the secretary shall pay to the beneficiary of the deceased member the proceeds of the assessment in the secretary's possession and available for that purpose.