New York Laws
Article 45 - Fraternal Benefit Societies
4504 - Amendments to Charter, Constitution and By-Laws; Waiver of Provisions.

(b) A domestic society may amend its constitution and by-laws, in
accordance with the provisions of its constitution, by the action of its
supreme governing body at any regular meeting or special meeting
thereof, or, if its constitution so provides, by referendum. Such
referendum may be held, in accordance with the provisions of the
constitution, by the vote of the voting members or by the vote of
delegates or representatives of voting members or by the vote of local
lodges or branches; but no such amendment shall take effect unless,
within six months from the date of submission thereof, a majority of all
of the members of such society entitled to vote shall have signified
their consent to such amendment. Such amendment to the constitution or
by-laws shall be filed with the superintendent within not more than
ninety days after the adoption thereof or, in an appropriate case, after
such consent of the members. Amendments to the constitution and by-laws
may be adopted by the board of directors whenever such amendments, in
the opinion of the board, are necessary to meet the requirements of the
this chapter, but such amendments shall be submitted for ratification by
the supreme governing body of the society at its next regular meeting,
or at any special meeting thereof, or if its constitution so provides by
referendum and shall be filed with the superintendent within ninety days
after such ratification.
(c) Within ninety days from the approval by the superintendent
required by subsection (a) hereof, and within ninety days from the
filing with the superintendent required by subsection (b) hereof, all
such amendments, or a synopsis thereof, shall be furnished to all
members of the society either by mail or by publication in full in the
official organ of the society.
(d) Every authorized foreign or alien society shall file a certified
copy of every amendment to its charter, constitution, and by-laws with
the superintendent within not more than ninety days after the same takes
effect; and every such society shall, within ninety days from the filing
thereof, furnish to all members of the society in this state, a copy of
all amendments, or a synopsis thereof, either by mail or by publication
in full in the official organ of the society.
(e) If the superintendent finds after notice and hearing, that any
authorized society has wilfully violated any of the foregoing provisions
of this section relating to the filing of amendments to its charter,
constitution, and by-laws, he may, in lieu of any other penalty provided
by law, order such society to pay to the people of this state a penalty
in a sum not exceeding five hundred dollars for each such offense, and
failure of any such society to pay such penalty within thirty days after
the making of such order, unless such order is suspended by an order of
a court of competent jurisdiction, shall constitute a violation of the
provisions of this chapter.
(f) Unless authorized by express provisions in the constitution and
by-laws of the society, no subordinate lodge or branch and no officer or
member of any authorized society shall have power or authority on behalf
of the society to waive or modify any of the provisions of the
constitution or by-laws of the society or of any certificate or other

evidence of insurance contract issued by such society, nor to waive any
violation, forfeiture or default thereof.
(g) Every authorized society shall provide in its constitution or
by-laws and in its certificates that if its reserves as to any class of
certificates, other than those portions of any certificate that provide
variable benefits based on the experience of a separate account, become
impaired, its board of directors may require that there shall be paid by
the member to the society the amount of the member's equitable
proportion of such deficiency as ascertained by its board and that if
the payment be not made it shall stand as an indebtedness against the
certificate and draw interest not to exceed five percent per annum
compounded annually, or the equivalent effective rate of interest if
payable in advance, or in lieu thereof, or in combination therewith, the
member may consent to a reduction of the corresponding insurance benefit
proportionate to the value of the additional contributions.