Massachusetts General Laws
Chapter 176p - Limited Societies
Section 39 - Annual Valuation Report in Addition to Annual Statement; Societies on Lodge System

Section 39. (a) In addition to the annual statement required by section 38, a society on the lodge system authorized to pay benefits in the commonwealth upon the death of its members, except those societies which do not pay benefits for death from natural causes, shall annually report to the commissioner a valuation of its certificates providing for death benefits in force on December 31 of the preceding calendar year. The report shall show, as contingent liabilities, the present mid-year value of the death benefits promised in the outstanding contracts of the society, and as contingent assets, the present mid-year value of the future net mortuary contributions as provided in the constitution and by-laws as the same are in practice actually collected, not including therein any value for the right to make extra assessments.
(b) At the option of any such society, in lieu of the method in subsection (a), the valuation may show the net mid-year value of the outstanding contracts. The net value, when computed in case of monthly contributions, may be the mean of the terminal values for the end of the preceding and of the current insurance years, the right to make extra assessments being excluded from consideration. The valuation shall be certified by a competent accountant or actuary, or at the request and expense of the society, verified by the actuary of the department of insurance of the home state of the society, and shall be filed with the commissioner on or before April 30 following the submission of the most recent annual statement. The legal minimum standard of valuation shall be the National Fraternal Congress Table of Mortality as adopted by the National Fraternal Congress on August 23, 1899; or at the option of the society, any higher mortality table; or, at its option, it may use a mortality table based on the society's own experience of at least 20 years, and covering not less than 100,000 lives with interest assumption not higher than 4 per cent per annum, whichever mortality table is adopted. Every such report shall set forth clearly and fully the mortality and interest basis and the method of valuation. A society providing for disability or accidental death benefits, or both, shall keep the net contributions for such benefits in a fund separate and apart from all other benefit funds and from expense funds. The valuation provided for in this section shall not be considered or regarded in any action that may arise as a test of the financial solvency of the society, but each society shall be held to be legally solvent so long as the funds in its possession are equal to or in excess of its liabilities, not including in the term ''liabilities'' any charge for reserve computed as required by this section.
(c) Such report of valuation and an explanation of the facts concerning the condition of the society thereby disclosed shall be sent to each member of the governing body of the society not later than June 1 of each year, or in lieu thereof, such report of valuation and showing of the society's condition as thereby disclosed may be published in the society's official paper, and the issue containing the same shall be mailed to each beneficiary member of the society.

Structure Massachusetts General Laws

Massachusetts General Laws

Part I - Administration of the Government

Title XXII - Corporations

Chapter 176p - Limited Societies

Section 1 - Definitions

Section 2 - Lodge System

Section 3 - Representative Government; Elections; Meetings; Record

Section 4 - Limitation of Membership

Section 5 - Exemption From Certain Laws

Section 6 - Formation of Corporation; Purposes; Association Agreement

Section 7 - First Meeting; Notice; Adoption of By-Laws; Filing of Certificate

Section 8 - Lodge Plan; Preliminary License; Solicitation of Members; Collection of Payments; Minimum Membership; Issuance of Certificate

Section 9 - Certificate of Organization; Certificate Endorsed by Commissioner; Filing; Certification by State Secretary; Evidence of Corporate Existence

Section 10 - Certificate of Commissioner; Time Limitation; Certificate of Incorporation; Cessation of Business Operations

Section 11 - Limited Societies; Change of Location of Business; Change of Purpose of Corporation

Section 12 - Mergers; Transfers; Notice; Contracts, Financial Statements and Certificates; Commissioner's Approval

Section 13 - Death Funds; Emergency Funds; Disability Funds

Section 13a - By-Laws; Creation of Independent Hospitalization and Medical Services Fund

Section 14 - By-Laws; Payments by Members; Provisions; Purpose of Payments; Proportion of Payments Which May Be Used for Expenses

Section 15 - Deferred Payments; Installments of Claims; Fixed Liabilities on Happening of Contingency

Section 16 - Loans to Members; Accumulating and Maintaining Tabular Reserve Required by Table of Mortality

Section 17 - Societies Maintaining Surplus of Assets at Required Level May Waive Collection of Regular Mortuary Contributions From Members

Section 18 - Investment of Funds

Section 19 - Payment of Benefits for Disability on Account of Old Age; Periodical Member Contribution for Mortuary Purposes; Restrictions

Section 19a - Death Benefits Payable as Annuities

Section 20 - Death Benefit Certificates

Section 21 - Death or Annuity Benefits; Beneficiaries Designated by Members

Section 22 - Funeral Expenses of Insureds

Section 22a - Personal Representative or Family of Deceased; Freedom of Choice in Procuring Burial Supplies and Services

Section 23 - Payment of Death, Endowment or Annuity Benefits Upon Lives of Children Less Than 18 Years of Age

Section 24 - Death Benefit Certificates as to Children

Section 25 - Funds Representing Benefit Contributions for Lives of Children Less Than 18 Years of Age

Section 26 - Separation of Assets, Funds and Liabilities

Section 27 - Mingling of Certain Funds

Section 28 - Actions by Beneficiaries

Section 29 - Attachment or Taking of Benefits to Pay Debt of Member or Beneficiary

Section 30 - Exemption From Attachment or Execution

Section 31 - Admission of Persons to Beneficial Membership

Section 32 - Constitution and By-Laws of Society; Amendments

Section 32a - Fraudulent Alteration or Concealment of Records

Section 33 - Location of Meetings; Location of Principal Office

Section 34 - Waiver of Constitutional Provisions

Section 35 - Filing Certified Copies of Amendments to Constitution or By-Laws With Commissioner

Section 36 - Examinations of Domestic Societies by Commissioner; Confidentiality and Privilege; Proceedings Brought by Attorney General Against Domestic Societies

Section 37 - Copy of Commissioner's Examination Reports Served on Societies

Section 37a - Disbursements Made by Societies; Requirements

Section 38 - Annual Statement of Society's Condition and Standing

Section 38a - Applicability of Chapter 176v to a Limited Society Governed by This Chapter

Section 38b - Applicability of Chapter 176w to a Limited Society Governed by This Chapter

Section 39 - Annual Valuation Report in Addition to Annual Statement; Societies on Lodge System

Section 39a - Valuation of Bonds or Other Evidence of Debt

Section 40 - Deficiencies; Additional Contributions or Increased Rates of Contribution; Higher Rate Class of Members

Section 41 - Licenses for Foreign Societies to Transact Business in Commonwealth

Section 42 - Foreign Societies; Service of Process

Section 42a - Foreign Societies; Deposit

Section 43 - Foreign Societies; Refusal to Issue License; Revocation of License

Section 44 - Foreign Societies; Examination by Commissioner

Section 45 - Domestic Societies Governed by Direct Vote of Members; Membership Limited to Permanent Employees of Cities or Towns, Commonwealth or Federal Government; No Death Benefits; Annuities or Gratuities Contingent on Disabilities or Long Servic...

Section 46 - Domestic Societies; Limited Membership; Members and Ex-Members of Any Social Organization; Governing Provisions

Section 46a - Subordinate Lodge of Society; Ritualistic Form of Work; Disability Benefits

Section 46b - Incorporated Domestic Society Transacting Business Under Sec. 45 or 46; Real Estate

Section 46c - Society Subject to Sec. 45 or 46; Payment of Benefits

Section 46d - Grand or District Lodge of Secret Order or Fraternity Transacting Business Under Sec. 45 or 46; Benefits

Section 47 - Jurisdiction of Superior Court in Equity

Section 47a - Contract of Insurance or Benefit Certificate Issued in Violation of Any Provision of This Chapter

Section 48 - False or Fraudulent Statement or Representation by Society With Reference to Application for Membership; Penalties

Section 49 - Unauthorized Solicitation; Penalties

Section 49a - Pensions for Society Employees; Expense Fund

Section 50 - Violation of Chapter Provisions; Penalty