40-747. Beneficiary designations; payment of funeral benefits to persons incurring expense therefor; payment of proceeds when no lawful beneficiary. (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 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.
(b) A society may make provision for the payment of funeral benefits to the extent of such portion of any payment under a certificate as might reasonably appear to be due to any person equitably entitled thereto by reason of having incurred expense occasioned by the burial of the member, provided the portion so paid shall not exceed $1,500.
(c) If, at the death of any person insured under a benefit contract, there is no lawful beneficiary to whom the proceeds shall be payable, the amount of such benefit, except to the extent that funeral benefits may be paid as hereinbefore provided, shall be payable to the estate of the deceased insured the same as other property not exempt, provided that if the owner of the certificate is other than the insured, such proceeds shall be payable to such owner.
History: L. 1988, ch. 154, ยง 10; Jan. 1, 1989.
Structure Kansas Statutes
Article 7 - Fraternal Benefit Societies
40-740 Representative form of government; election and voting criteria.
40-743 Laws and rules; provisions relating to membership to be specified.
40-746 Society's laws nonwaivable by subordinate bodies, officers or members.
40-748 Benefits not subject to attachment, garnishment or process.
40-750 Valuation of paid-up nonforfeiture benefits, cash surrender values and loan or other options.
40-753 Insurance laws application to societies.
40-757 Examinations; notice and opportunity to respond; payment of expenses.
40-767 Reinsurance; limitations; credit for reserves on ceded risks.
40-769 Conversion of society into mutual or stock life insurance company.
40-772 Same; report of meeting to be filed with commissioner.
40-778 Review of commissioner's decisions.