A. The owner of a certificate 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 certificate.
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 the sum of one thousand dollars ($1,000).
C. If, at the death of any person insured under a certificate, 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, however, that if the owner of the certificate is other than the insured, such proceeds shall be payable to such owner.
History: 1978 Comp., § 59A-44-17, enacted by Laws 1989, ch. 388, § 17.
Repeals and reenactments. — Laws 1989, ch. 388, § 17, repealed 59A-44-17 NMSA 1978, as enacted by Laws 1984, ch. 127, § 802, relating to beneficiaries, and enacted a new section, effective January 1, 1990.
Structure New Mexico Statutes
Article 44 - Fraternal Benefit Societies
Section 59A-44-1 - Fraternal benefit societies.
Section 59A-44-2 - Lodge system.
Section 59A-44-3 - Representative form of government.
Section 59A-44-4 - Definitions.
Section 59A-44-5 - Purposes and powers.
Section 59A-44-6 - Qualifications for membership.
Section 59A-44-7 - Location of office; meetings; communications to members; grievance procedures.
Section 59A-44-8 - No personal liability.
Section 59A-44-10 - Organization.
Section 59A-44-11 - Amendments to laws.
Section 59A-44-12 - Institutions.
Section 59A-44-13 - Reinsurance.
Section 59A-44-14 - Consolidations and mergers.
Section 59A-44-15 - Conversion of society into a mutual life insurance company.
Section 59A-44-17 - Beneficiaries.
Section 59A-44-18 - Benefits not attachable.
Section 59A-44-19 - The benefit contract.
Section 59A-44-21 - Investments.
Section 59A-44-23 - Exemptions.
Section 59A-44-25 - Valuation.
Section 59A-44-27 - Certificates of authority.
Section 59A-44-28 - Examination of societies; no adverse publications.
Section 59A-44-29 - Foreign or alien society.
Section 59A-44-30 - Injunction; liquidation; receivership of domestic society.
Section 59A-44-31 - Suspension, revocation or refusal of license of foreign or alien society.
Section 59A-44-32 - Injunction.
Section 59A-44-33 - Licensing of agents.
Section 59A-44-34 - Unfair methods of competition and unfair and deceptive acts and practices.
Section 59A-44-35 - Service of process.
Section 59A-44-36 - Fee schedule.
Section 59A-44-37 - Carrie Tingley crippled children's hospital fund.
Section 59A-44-39 - Penalties.
Section 59A-44-40 - Exemption of certain societies.
Section 59A-44-41 - Applicability of Insurance Code.
Section 59A-44-42 - Severability.