Massachusetts General Laws
Chapter 176p - Limited Societies
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 45. (a) Domestic societies governed by direct vote of their members and limiting their membership as provided in section 4 and domestic fraternal benefit corporations limiting their membership to the permanent employees of cities or towns, the commonwealth or the federal government, and not paying death benefits, but paying annuities or gratuities contingent upon disability or long service, may continue to transact business in the commonwealth. Such corporations and like societies incorporated under this chapter shall be governed by sections 4 to 11, inclusive, sections 14, 18 and 21, so far as the same are applicable, sections 22, 29, 30, 32, 36 to 38, inclusive, sections 47, 47A, 48 and 49 of this chapter and section 5 of chapter 59, and in addition by the following provisions:
(1) the officers of such limited corporations shall be elected by ballot by the members as often as once in two years;
(2) proxies shall not be used in voting;
(3) no person under 16 years of age shall be admitted to membership;
(4) the recording officer of such a corporation shall file with the commissioner amendments to its by-laws, in English, within 30 days after their adoption and shall likewise file forthwith a duly certified copy of its by-laws whenever the commissioner requires in writing;
(5) such equitable assessments, either periodical or otherwise, shall be made upon the members as shall be necessary to carry out the purposes of the organization;
(6) paid agents shall not be employed in soliciting or procuring members, except that corporations which limit their certificate holders to a particular fraternity or which provide for stated periodical contributions sufficient to meet the mortuary obligations contracted, when valued upon the basis of the National Fraternal Congress Table of Mortality as adopted by the National Fraternal Congress on August 23, 1899, or any higher standard, with interest assumption not more than 4 per cent per annum, may pay members for securing new members, and any corporation may pay local collectors.
(b) A corporation subject to this section may furnish physicians and nurses for its members and their families or pay for the services of physicians or nurses engaged by its members for the care of themselves or their families. The expense incurred under this section by any such corporation in any year shall not exceed $5,000 in the aggregate, and shall not exceed $100 in the case of any member thereof and his family.
(c) No corporation formed after January 1, 1912, unless it confines its membership to that of a particular fraternity in any one country, or to a lodge of some fraternity, or to the employees or ex-employees of cities or towns or of the commonwealth or of the federal government, shall contract to pay benefits to its members until it shall satisfy the commissioner that it has received at least 500 bona fide applications for membership. With the written approval of the commissioner and the consent of each corporation expressed by vote at a duly-called meeting, any corporation governed by this section may transfer its membership and funds to any other domestic society organized under this chapter.
(d) Whoever violates any provision of this section shall be punished as provided in section 50.

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