Chapter 748 — Chapter 748

ORS 748.010 [Amended by 1955 c.465 §7; 1967 c.359 §108; renumbered 731.562]

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ORS 748.020 [Amended by 1955 c.465 §8; repealed by 1967 c.359 §704]

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ORS 748.030 [Repealed by 1967 c.359 §704]

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ORS 748.040 [Amended by 1955 c.465 §9; repealed by 1967 c.359 §704]

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ORS 748.045 [1955 c.465 §4; repealed by 1967 c.359 §704]

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ORS 748.050 [Repealed by 1955 c.465 §12]

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ORS 748.055 [1955 c.465 §6; repealed by 1967 c.359 §704]

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ORS 748.060 [Repealed by 1967 c.359 §704]

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ORS 748.070 [Amended by 1955 c.465 §10; repealed by 1967 c.359 §704]

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ORS 748.075 [1955 c.465 §3; repealed by 1967 c.359 §704]

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ORS 748.080 [Repealed by 1955 c.465 §12]

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ORS 748.084 [1955 c.465 §2; 1967 c.359 §94; renumbered 731.438]

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ORS 748.086 [1955 c.465 §5; 1967 c.359 §572; renumbered 746.055]

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ORS 748.090 [Amended by 1955 c.465 §11; repealed by 1967 c.359 §704]

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ORS 748.103 Definitions. As used in this chapter

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ORS 748.105 [Formerly 740.010; repealed by 1987 c.490 §58]

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ORS 748.106 Description of fraternal benefit society. Any corporation, society, order, supreme lodge or voluntary association, 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 and which provides benefits in accordance with this chapter is hereby declared to be a fraternal benefit society. [1987 c.490 §3]

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ORS 748.109 Conditions constituting “operating on a lodge system.” (1) A society is operating on the lodge system if it has a supreme governing body and subordinate lodges into which members are elected, initiated or admitted in accordance with its laws, rules and ritual. Subordinate lodges shall be required by the laws of the society to hold regular meetings at least once each month in furtherance of the purposes of the society

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ORS 748.110 [Formerly 740.020; repealed by 1987 c.490 §58]

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ORS 748.112 Conditions constituting “representative form of government.” A society has a representative form of government when

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ORS 748.115 [Formerly 740.030; repealed by 1987 c.490 §58]

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ORS 748.120 [1967 c.359 §601; repealed by 1987 c.490 §58]

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ORS 748.121 Purposes, operation and powers. (1) The purposes of a society, as specified in subsection (2) of this section, may be carried out directly by the society, or indirectly through subsidiary corporations or affiliated organizations

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ORS 748.123 Membership; eligibility; admission process; privileges. (1) A society shall specify in its laws or rules

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ORS 748.125 [1987 c.490 §42; 1989 c.413 §18; repealed by 1991 c.182 §20]

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ORS 748.130 Principal office; publications; annual statement synopsis; complaints. (1) The principal office of any domestic society shall be located in this state. The meetings of its supreme governing body may be held in any state, district, province or territory in which the society has at least one lodge or in any other location as determined by the supreme governing body, and all business transacted at the meetings shall be as valid in all respects as if the meetings were held in this state. The minutes of the proceedings of the supreme governing body and of the board of directors shall be in English

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ORS 748.133 Formation. A domestic society organized on or after January 1, 1988, shall be formed as follows

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ORS 748.135 [Formerly 740.090; repealed by 1987 c.490 §58]

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ORS 748.136 Officers, governors, directors; exemption from liability; indemnification; insurance. (1) The officers and members of the supreme governing body or any subordinate body of a society shall not be personally liable for any benefits provided by a society

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ORS 748.139 Waiver of provisions by subordinate body. The 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 the laws of the society. This provision shall be binding on the society and every member and beneficiary of a member. [1987 c.490 §11]

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ORS 748.140 [Formerly 740.100; repealed by 1987 c.490 §58]

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ORS 748.142 Amendment of society laws. (1) A domestic society may amend its laws in accordance with the provisions thereof by action of its supreme governing body at any regular or special meeting thereof or, if its laws so provide, by referendum. The referendum may be held in accordance with the provisions of its laws by the vote of the voting members of the society, by the vote of delegates or representatives of voting members or by the vote of local lodges. A society may provide for voting by mail. No amendment submitted for adoption by referendum shall be adopted unless, within six months from the date of submission, a majority of the members voting have signified their consent to the amendment by one of the methods specified in this chapter

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ORS 748.144 Creation and operation of other organizations and entities. (1) A society may create, maintain and operate, or may establish organizations to operate, not-for-profit institutions to further the purposes permitted by ORS 748.121 (2)(b). Such institutions may furnish services free or at a reasonable charge. Any real or personal property owned, held or leased by the society for this purpose shall be reported in every annual statement

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ORS 748.145 [Formerly 740.110; repealed by 1987 c.490 §58]

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ORS 748.148 Consolidation and merger. (1) A domestic society may consolidate or merge with any other society by complying with the provisions of this section. It shall file with the Director of the Department of Consumer and Business Services

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ORS 748.150 [Formerly 740.120; repealed by 1987 c.490 §58]

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ORS 748.155 [Formerly 740.140; repealed by 1987 c.490 §58]

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ORS 748.160 [Formerly 740.040; repealed by 1987 c.490 §58]

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ORS 748.165 [Formerly 740.510; repealed by 1987 c.490 §58]

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ORS 748.170 [1967 c.359 §609; repealed by 1987 c.490 §58]

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ORS 748.171 Certificate of authority. (1) A fraternal benefit society must obtain and maintain a certificate of authority in the manner provided for insurers in the Insurance Code

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ORS 748.174 Certificate of authority for foreign or alien society. No foreign or alien society shall transact business in this state without a certificate of authority issued by the Director of the Department of Consumer and Business Services. Any foreign or alien society desiring admission to this state shall comply substantially with the requirements and limitations of this chapter applicable to domestic societies. Any foreign or alien society may be authorized to transact business in this state upon a showing that its assets are invested in accordance with the provisions of this chapter and upon filing with the director

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ORS 748.175 [1967 c.359 §610; repealed by 1987 c.490 §58]

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ORS 748.177 Authorization as mutual life insurance company. Any domestic fraternal benefit society may be converted and authorized as a mutual life insurance company by compliance with all the requirements of the insurance laws of this state for mutual life insurance companies. A plan of conversion shall be prepared in writing by the board of directors setting forth in full the terms and conditions of conversion. The affirmative vote of two-thirds of all members of the supreme governing body at a regular or special meeting shall be necessary for the approval of the plan, or if the society is organized under the direct election method pursuant to ORS 748.112 (1)(a), the plan of conversion shall be submitted by mail to the benefit members. The affirmative vote of two-thirds of the benefit members voting thereon shall be necessary for the approval of the plan. No conversion shall take effect unless approved by the Director of the Department of Consumer and Business Services who may give approval if the director finds that the proposed change is in conformity with the requirements of law and not prejudicial to the certificate holders of the society. [1987 c.490 §16; 1991 c.182 §12]

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ORS 748.181 Insurance producers; licensing. Insurance producers of societies shall be licensed in accordance with the provisions of ORS chapter 744 regulating the licensing, revocation, suspension or termination of license of resident and nonresident insurance producers. [1987 c.490 §34; 1989 c.701 §75; 2003 c.364 §168]

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ORS 748.184 Reinsurance. (1) 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 reinsurance and authorized to do business in this state, or if not authorized, one which is approved by the Director of the Department of Consumer and Business Services, but no society may reinsure substantially all of its insurance in force without the written permission of the director. The society may take credit for the reserves on such ceded risks to the extent reinsured, but no credit shall be allowed as an admitted asset or as a deduction from liability, to a ceding society for reinsurance made, ceded, renewed or otherwise becoming effective after January 1, 1988, unless the reinsurance is payable by the assuming insurer on the basis of the liability of the ceding society under the contract or contracts reinsured without diminution because of the insolvency of the ceding society

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ORS 748.185 [Formerly 740.160; repealed by 1987 c.490 §58]

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ORS 748.190 [1967 c.359 §612; repealed by 1987 c.490 §58]

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ORS 748.201 Benefits. (1) A society may provide in any form the following contractual benefits

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ORS 748.204 Beneficiaries. (1) 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 designation be irrevocable. A society may, through its laws or rules, limit the scope of beneficiary designations and shall provide that no revocable beneficiary shall have or obtain any vested interest in the proceeds of any certificate until the certificate has become due and payable in conformity with the provisions of the benefit contract

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