South Carolina Code of Laws
Chapter 38 - Fraternal Benefit Societies
Section 38-38-320. Designation and change of beneficiary; payment of death benefits.

(A) The owner of a benefit contract has the right at all times to change the beneficiary or beneficiaries in accordance with the bylaws or rules of the society, unless the owner waives this right by specifically requesting in writing that the beneficiary designation be irrevocable. A society shall provide that no revocable beneficiary has, or can obtain, a vested interest in the proceeds of a certificate until the certificate has become due and payable in conformity with the provisions of the benefit contract.
(B) If at the death of a person insured under a benefit contract there is no lawful beneficiary to whom the proceeds are payable, the amount of the benefit, except to the extent that funeral benefits may be paid as provided in this chapter is payable to the personal representative of the deceased insured. If the owner of the certificate is other than the insured, the proceeds must be paid to that owner.
HISTORY: 2000 Act No. 259, Section 1.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 38 - Insurance

Chapter 38 - Fraternal Benefit Societies

Section 38-38-10. Fraternal benefit society defined.

Section 38-38-20. Lodge system operating requirements; lodges for children.

Section 38-38-30. Representative form of government requirements.

Section 38-38-40. Definitions.

Section 38-38-50. Operation for benefit of members; power to adopt bylaws and rules.

Section 38-38-110. Membership provisions in bylaws or rules.

Section 38-38-120. Principal place of business; publication of required notice; annual statement of condition; grievance procedure.

Section 38-38-130. Liability of officers for benefit payments; civil action expense indemnification; liability insurance coverage for officers; cause of action against officers.

Section 38-38-140. Waiver of bylaw provisions.

Section 38-38-210. Requirements for formation of domestic society.

Section 38-38-220. Amendment of bylaws; notice to director.

Section 38-38-230. Not-for-profit institutions for benefit of members.

Section 38-38-240. Reinsurance.

Section 38-38-250. Consolidation or merger of domestic societies.

Section 38-38-260. Reorganization into mutual life insurer.

Section 38-38-310. Contractual benefits allowed; persons covered.

Section 38-38-320. Designation and change of beneficiary; payment of death benefits.

Section 38-38-330. Attachment, garnishment or seizure of benefits.

Section 38-38-340. Benefit certificates; subsequent bylaw changes; impaired reserves; evidence of terms and conditions; approval of certificates by director; transfer of ownership on gaining majority; assignment.

Section 38-38-350. Application of laws of State.

Section 38-38-410. Authorized investments.

Section 38-38-420. Assets to be held for use and benefit of society; special funds and accounts.

Section 38-38-430. Governance by chapter.

Section 38-38-440. Designation as charitable and benevolent institution.

Section 38-38-510. Standards of valuation for certificates; maintenance of excess reserves.

Section 38-38-520. Required statements and reports; penalties.

Section 38-38-530. Renewal of licenses; fees; license as prima facie evidence.

Section 38-38-540. Examination; notice of examination.

Section 38-38-550. Authorization to transact business in State; what to file with director.

Section 38-38-560. Operating deficiencies of domestic society; notice and correction; voluntarily discontinuing business.

Section 38-38-570. Operating deficiencies of foreign society; notice and correction; hearing; revocation of authority to do business; continuation of contracts.

Section 38-38-580. Injunctions.

Section 38-38-590. Licensing of agents.

Section 38-38-600. Applicability of general insurance provisions; membership requirements exception.

Section 38-38-710. Appointment of director as legal attorney for service of process.

Section 38-38-720. False statement or misrepresentation with intent to defraud; penalties.

Section 38-38-730. Societies and associations exempted from provisions of chapter.

Section 38-38-740. Review of findings of director.