Title 58 — INSURANCE
79 chapters · 3,532 sections in this title.
SDCL § 58-37A-15 Conversion into life insurance company--Plan--Approval
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Any fraternal benefit society incorporated under the laws of the state may reorganize and convert itself into a mutual life insurance company or into a stock life insurance company by compliance with all the requirements of the insurance laws of this state for mutual life insuran…
SDCL § 58-37A-16 Contractual benefits allowed
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A society may provide the following contractual benefits in any form: (1) Death benefits; (2) Endowment benefits; (3) Annuity benefits; (4) Temporary or permanent disability benefits; (5) Hospital, medical, or nursing benefits; (6) Monument or tombstone benefits to the memory of …
Beneficiary designations--Funeral benefits
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The owner of a benefit contract may change the 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, lim…
SDCL § 58-37A-18 Money or other benefits not attachable for individual debts
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No money or other benefit, charity, relief, or aid to be paid, provided, or rendered by any society, is liable to attachment, garnishment, 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 l…
SDCL § 58-37A-19 Benefit certificates
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Every society authorized to do business in this state shall issue to each owner of a benefit contract a certificate specifying the amount of benefits to be provided by the benefit contract. The certificate, together with any riders or endorsements attached to it, the laws of the …
SDCL § 58-37A-2 Lodge system--Regular meetings--Lodges for children
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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 regul…
SDCL § 58-37A-20 Basis for computing value of nonforfeiture benefits
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For certificates issued before one year after January 1, 1991, the value of every paid - up nonforfeiture benefit and the amount of any cash surrender value, loan, or other option granted shall comply with the provisions of law applicable immediately before January 1, 1991. For c…
SDCL § 58-37A-21 Authorized investments
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A society shall invest its funds only in the investments that are authorized by the laws of this state for the investment of assets of life insurers and subject to the same limitations. Any foreign or alien society permitted or seeking to do business in this state which invests i…
SDCL § 58-37A-22 Permissible use of assets and special funds--Establishing separate accounts and issuing contracts
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All assets shall be held, invested, and disbursed for the use and benefit of the society and no member or beneficiary has individual rights in the assets or is entitled to any apportionment on the surrender of any part of the assets, except as provided in the benefit contract. A …
SDCL § 58-37A-23 Exemption from other insurance laws
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Except as provided in this chapter, societies are exempt from all other provisions of the insurance laws of this state unless they are expressly designated in the law, or unless it is specifically made applicable by this chapter. Source: SL 1990, ch 410 , § 23.
SDCL § 58-37A-24 Exemption from certain taxes
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Every society organized or licensed under this chapter is a charitable and benevolent institution for the purposes of this chapter, and all of its funds are exempt from all and every state, county, district, municipal, and school tax, other than sales taxes, use taxes, and taxes …
SDCL § 58-37A-25 Standards of valuation for certificates--Maintenance of excess reserves
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Any standards of valuation for certificates issued before one year after January 1, 1991, shall be those provided by the laws applicable immediately before January 1, 1991. The minimum standards of valuation for certificates issued on or after one year from January 1, 1991, shall…
SDCL § 58-37A-26 Annual statement of affairs--Valuation of certificates--Filing requirements
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Every society transacting business in this state shall annually, on or before the first day of March, unless for cause shown the time has been extended by the director, file with the director a true statement of its financial condition, transactions and affairs for the preceding …
SDCL § 58-37A-27 License to transact business--Annual expiration and renewal--License fee--Copy of license as evidence
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Societies which are now authorized to transact business in this state, and all societies hereafter licensed, may continue their business until May 1, 1991. The authority of these societies and all societies hereafter licensed, may thereafter be renewed annually, but in all cases …
SDCL § 58-37A-28 Examination of domestic, foreign, and alien societies--Requirements--Responsibility for expenses--Report of examination
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The director, or any person appointed by the director, may examine any domestic, foreign, or alien society transacting or applying for admission to transact business in this state in the same manner as authorized for examination of domestic, foreign, or alien insurers. Requiremen…
SDCL § 58-37A-29 Foreign or alien society--Qualifications and procedure for admission to transact business in state
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It is a Class 2 misdemeanor for any foreign or alien society to transact business in this state without a license issued by the director. Any foreign or alien society desiring admission to this state shall have the qualifications required of domestic societies organized under thi…
SDCL § 58-37A-3 Representative form of government determined
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A society has a representative form of government if: (1) It has a supreme governing body constituted in one of the following ways: (a) The supreme governing body is an assembly composed of delegates elected directly by the members or at intermediate assemblies or conventions of …
SDCL § 58-37A-33 Insurance producers--When license is required
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Any insurance producer of a society shall be licensed in accordance with the provisions of chapter 58-30 regulating the licensing, revocation, suspension, or termination of license of resident and nonresident insurance producers. Source: SL 1990, ch 410 , § 33; SL 2001, ch 286 , …
SDCL § 58-37A-34 Applicability of unfair trade prohibitions--Determination of membership requirements and to whom benefits offered
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Any society and insurance producer authorized to do business in this state is subject to the provisions of chapter 58-33 relating to unfair trade practices. However, nothing in these provisions may be construed as applying to or affecting the right of any society to determine its…
SDCL § 58-37A-35 Appointment of director as attorney for service of process--Copy forwarded to secretary of society--Time for filing answer--Fee paid by plaintiff
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Any society authorized to do business in this state shall appoint in writing the director to be its attorney upon whom all lawful process in any action or proceeding against it may be served and shall agree in writing that any lawful process against it which is served on the atto…
SDCL § 58-37A-36 Fraudulent statements, and soliciting membership in unlicensed societies as crimes
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No person may knowingly make any false or fraudulent statement or representation in or with reference to any application for membership or for the purpose of obtaining money from or a benefit in any society. A violation of this provision is a Class 2 misdemeanor. Any person who w…
SDCL § 58-37A-37 Judicial review of actions of director
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All decisions and findings of the director made under the provisions of this chapter are subject to review by proper proceedings in any court of competent jurisdiction in this state. Source: SL 1990, ch 410 , § 37.
SDCL § 58-37A-38 Exempt societies--Allowance of compensation for procuring new members prohibited--Director to determine exemption--Exempt societies not subject to insurance laws
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Nothing contained in this chapter may be construed as to apply to: (1) Grand or subordinate lodges of societies, orders, or associations now doing business in this state which provide benefits exclusively through local or subordinate lodges; (2) Orders, societies, or associations…
SDCL § 58-37A-38.1 Inapplicability of subdivision 58-37A-38(2) to certain societies, orders, and associations
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The provisions of subdivision 58-37A-38(2) do not apply to any society, order, or association which had a certificate of authority in this state as of July 1, 2006, nor to any society, order, or association which is formed on or after July 1, 2007. Any society, order or associati…
SDCL § 58-37A-39 Application of other provisions
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In addition to the provisions contained in this chapter, the following chapters and provisions of the South Dakota Code also apply to fraternal benefit societies, to the extent applicable and not in conflict with the express provisions of this chapter and the reasonable implicati…
SDCL § 58-37A-4 Definition of terms
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Terms used in this chapter mean: (1) "Benefit contract," the agreement for provision of benefits authorized by § 58-37A-16 , as that agreement is described in § 58-37A-19 ; (2) "Benefit member," any adult member who is designated by the laws or rules of the society to be a benefi…
SDCL § 58-37A-5 Benefits and purposes of society--Power to adopt laws and rules for governing the society
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A society shall operate for the benefit of members and their beneficiaries by providing benefits as specified in § 58-37A-16 , and operating for one or more social, intellectual, educational, charitable, benevolent, moral, fraternal, patriotic, or religious purposes for the benef…
SDCL § 58-37A-6 Specification of laws or rules--Membership rights
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A society shall specify in its laws or rules: (1) Eligibility standards for each class of membership. If benefits are provided on the lives of children, the minimum age for adult membership shall be set at not less than age fifteen and not greater than age twenty - one; (2) The p…
SDCL § 58-37A-7 Location of office and meetings--Official publication--Annual synopsis--Grievance procedures provided
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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 wherein the society has at least one subordinate lodge, or in any other location as determined by the…
SDCL § 58-37A-8 Liability of officers and members of governing body--Indemnification and reimbursement--Insurance--Liability of noncompensated member
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The officers and members of the supreme governing body or any subordinate body of a society are not personally liable for any benefits provided by a society. Any person may be indemnified and reimbursed by any society for expenses reasonably incurred by, and liabilities imposed u…
SDCL § 58-37A-9 Provisions of laws may not be waived
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The laws of the society may provide that no subordinate body, nor any of its subordinate officers or members may waive any of the provisions of the laws of the society. This provision is binding on the society and every member and beneficiary of a member. Source: SL 1990, ch 410 …
SDCL § 58-38-1 Incorporators, number required--Purpose of incorporation
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Five or more natural persons of full age and of either sex, all of whom are residents of this state and citizens of the United States, may form, under the provisions of the laws of this state relating to corporations, so far as those provisions are applicable and are not inconsis…
SDCL § 58-38-10 Rates charged for services--Approval by director
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The rates charged by any medical and surgical plan corporation to the subscriber for medical and surgical service shall at all times be subject to the approval of the director. The contracts by any such corporation with the subscribers for medical and surgical service shall at al…
SDCL § 58-38-11 Contracts with subscribers--Required provisions
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The contracts by any medical and surgical plan corporation with the subscribers for medical and surgical service shall be entered into only with physicians and surgeons regularly licensed to practice their profession by the State of South Dakota. All contracts issued by such corp…
SDCL § 58-38-11.1 Coverage for inpatient treatment of alcoholism to be offered in contracts
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Any nonprofit service corporation which delivers or issues for delivery in this state service or indemnity type contracts to any individual subscriber or group shall offer, in writing, to include in such contracts issued or renewed on or after July 1, 1979, coverage for the inpat…
SDCL § 58-38-11.10 Exclusion of benefits for injury while under the influence of alcohol or drugs prohibited--Exception for sickness or injury caused in commission of felony
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A service or indemnity - type contract issued by a nonprofit medical or surgical service plan corporation that is delivered, issued for delivery, or renewed in this state may not exclude the payment of benefits for injuries sustained by an insured person because the insured was u…
SDCL § 58-38-11.2 Benefits provided under alcoholism coverage--Maximum treatment periods permitted
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The alcoholism coverage to be offered in writing shall provide benefits on the same basis as benefits provided for the treatment of other sicknesses covered under the contract; provided, however, that the coverage by the service corporation need not exceed thirty days' care in an…
SDCL § 58-38-11.3 Plans not within alcoholism coverage requirement
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Sections 58-38-11.1 and 58-38-11.2 shall not apply to group major - medical service plans or accident only, or limited or specified disease plans. Source: SL 1975, ch 314 , § 3.
SDCL § 58-38-11.4 Individual accident or health policy required for covered spouse of insured--Eligibility--Coverage--Waiting periods
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No accident or health insurance policy providing coverage of hospital or medical expense which in addition to covering the insured also provides coverage to the spouse of the insured shall be issued without a provision that provides that upon eligibility for medicare or social se…
SDCL § 58-38-11.5 Conversion privileges of insured's spouse upon divorce
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No accident or health insurance policy providing coverage of hospital or medical expense which in addition to covering the insured also provides coverage to the spouse of the insured shall be issued without a provision that provides that upon divorce of the insured and the insure…
SDCL § 58-38-11.6 Coordination, integration, or lessening of benefits restricted
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No group health insurance policy or group subscriber contract issued by a nonprofit corporation delivered or issued for delivery in this state may contain a provision requiring coordination of benefits, integration of benefits, or lessening of policy benefits because of the exist…
SDCL § 58-38-12 Care provided by noncontracting physicians--Contracting physician unavailable
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If at any time that the subscriber or certificate holder is entitled to medical and surgical service no contracting physician and surgeon is available, the medical and surgical plan corporation shall provide such care by physicians and surgeons who have not contracted with such c…
SDCL § 58-38-13 Practice of medicine not authorized by chapter
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Nothing in this chapter shall authorize any person, association, or corporation to engage, in any manner, in the practice of medicine or surgery. Source: SL 1966, ch 111 , ch 21, § 5.
SDCL § 58-38-14 Expenses of acquisition and administration--Control by director
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All acquisition and administrative expenses in connection with such medical and surgical service corporation shall at all times be subject to control by the director. Source: SL 1966, ch 111 , ch 21, § 9.
SDCL § 58-38-15 Permitted investments
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The funds of any corporation subject to the provisions of this chapter shall be invested only in securities permitted by the laws of this state for the investment of assets of life insurance companies. Source: SL 1966, ch 111 , ch 21, § 10.
SDCL § 58-38-16 Foreign corporation--Transaction of business in state
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A nonprofit medical and surgical service plan corporation organized under the laws of another state or any territory may, with the approval of the director, and under the rules as may be promulgated, consistent with the provisions of this chapter, transact and carry on its busine…
SDCL § 58-38-17 Annual statement of financial condition--Filing--Verification--Form and contents
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Every medical and surgical plan corporation shall annually on or before the first day of March file in the office of the director a statement verified by at least two of the principal officers of said corporation showing its condition on the preceding thirty - first day of Decemb…
SDCL § 58-38-18 Investigation and examination by director--Cost borne by corporation
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The director may investigate and examine the books and records of any medical and surgical plan corporation, and may summon and examine under oath its officers, representatives, insurance producers, employees, or other persons in relation to the affairs, transactions, and conditi…
SDCL § 58-38-19 Exemption from other insurance laws--Exceptions
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Any medical and surgical plan corporation is exempt from all provisions of the insurance laws of this state other than in this chapter. However, the corporation is subject to the provisions of this title on matters of hearings, appeals, mergers, dissolutions, licensure of insuran…
SDCL § 58-38-2 Physicians and surgeons defined
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The words "physicians and surgeons" as used in this chapter shall include all those persons who are licensed pursuant to chapters 36-4, 36-4A, and 36-9A. Source: SL 1966, ch 111 , ch 21, § 12; SL 1980, ch 355 , § 1.