Part 1 General Provisions 56-25-101 – 56-25-105
Part 2 Membership — Proceedings — Officers and Employees 56-25-201 – 56-25-204
Part 3 Organization 56-25-301 – 56-25-306
Part 4 Contractual Benefits 56-25-401 – 56-25-405
Part 5 Finances 56-25-501 – 56-25-504
Part 6 Regulation 56-25-601 – 56-25-610
Part 7 Miscellaneous Provisions 56-25-701 – 56-25-704

Terms Used In Tennessee Code > Title 56 > Chapter 25 - Fraternal Benefit Societies

  • abandonment: means that:
    1. For a period of four (4) consecutive months immediately preceding the filing of a proceeding, pleading, petition, or any amended petition to terminate the parental rights of the  parent or parents or the guardian or guardians of the child who is the subject of the petition for termination of parental rights or adoption, that the  parent or parents or the guardian or guardians either have failed to visit or have failed to support or have failed to make reasonable payments toward the support of the child. See Tennessee Code 36-1-102
    2. Adopted person: means :

      Any person who is or has been adopted under this part or under the laws of any state, territory, or foreign country. See Tennessee Code 36-1-102

    3. Adoption: means the social and legal process of establishing by court order, other than by paternity or legitimation proceedings or by voluntary acknowledgment of paternity, the legal relationship of parent and child. See Tennessee Code 36-1-102
    4. Adoption assistance: means the federal or state programs that exist to provide financial assistance to adoptive parents to enable them to provide a permanent home to a special needs child as defined by the department. See Tennessee Code 36-1-102
    5. Adoption record: means :

      (i)  The records, reports, or other documents maintained in any medium by the judge or clerk of the court, or by any other person pursuant to this part who is authorized to witness the execution of surrenders or revocations of surrenders, which records, reports, or documents relate to an adoption petition, a surrender or parental consent, a revocation of a surrender or parental consent, or which reasonably relate to other information concerning the adoption of a person, and which information in such records, reports, or documents exists during the pendency of an adoption or a termination of parental rights proceeding, or which records, reports, or documents exist subsequent to the conclusion of those proceedings, even if no order of adoption or order of dismissal is entered, but which records, reports or documents exist prior to those records, reports, or documents becoming a part of a sealed record or a sealed adoption record pursuant to §. See Tennessee Code 36-1-102

    6. Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
    7. Age of majority: means eighteen (18) years of age or older. See Tennessee Code 1-3-105
    8. Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
    9. Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
    10. Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
    11. Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
    12. Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
    13. Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
    14. Attorney: means the person designated and authorized by subscribers as the attorney-in-fact having authority to obligate them on reciprocal insurance contracts. See Tennessee Code 56-16-102
    15. Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
    16. Benefit contract: means the agreement for provision of benefits authorized by §. See Tennessee Code 56-25-104
    17. Benefit member: means an adult member who is designated by the laws or rules of the society to be a benefit member under a benefit contract. See Tennessee Code 56-25-104
    18. Certificate: means the document issued as written evidence of the benefit contract. See Tennessee Code 56-25-104
    19. Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
    20. children: means any person or persons under eighteen (18) years of age. See Tennessee Code 36-1-102
    21. Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
    22. Commissioner: means the commissioner of commerce and insurance. See Tennessee Code 56-25-104
    23. Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
    24. Consent: means :

      The written authorization to relinquish a child for adoption, which is given by an agency such as the department or a public child care agency of another state or country or licensed child-placing agency of this or another state, which agency has the authority, by court order or by surrender or by operation of law or by any combination of these, to place a child for adoption and to give permission for the adoption of that child by other persons. See Tennessee Code 36-1-102

    25. Conservator: means a person or entity appointed by a court to provide partial or full supervision, protection, and assistance of the person or property, or both, of a disabled adult pursuant to title 34, chapter 1 or the equivalent law of another state. See Tennessee Code 36-1-102
    26. Contract: A legal written agreement that becomes binding when signed.
    27. Conviction: A judgement of guilt against a criminal defendant.
    28. Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
    29. court: includes the juvenile court for purposes of the authority to accept the surrender or revocation of surrenders of a child and to issue any orders of reference, orders of guardianship, or other orders resulting from a surrender or revocation that it accepts and for purposes of authorizing the termination of parental rights pursuant to §. See Tennessee Code 36-1-102
    30. Department: means the department of children's services or any of its divisions or units. See Tennessee Code 36-1-102
    31. Department: means the department of commerce and insurance. See Tennessee Code 56-1-102
    32. Docket: A log containing brief entries of court proceedings.
    33. Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
    34. Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
    35. Foreign: when used without limitation, includes all companies formed by authority of any other state or government. See Tennessee Code 56-1-102
    36. Fraud: Intentional deception resulting in injury to another.
    37. Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
    38. Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
    39. Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
    40. Guardian: means a person or entity appointed by a court to provide care, custody, control, supervision, and protection for a child, and authorized by the court to adopt or consent to the adoption of the child as a result of a surrender, parental consent, or termination of parental rights. See Tennessee Code 36-1-102
    41. Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
    42. Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
    43. Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
    44. Laws: means the society's articles of incorporation, charter, constitution and bylaws, however designated. See Tennessee Code 56-25-104
    45. Legal parent: means :

      The biological mother of a child. See Tennessee Code 36-1-102

    46. Legal relative: means a person who is included in the class of persons set forth in the definition of "biological relative" or "legal parent" and who, at the time a request for services or information is made pursuant to §. See Tennessee Code 36-1-102
    47. Legal representative: means :

      The conservator, guardian, legal custodian, or other person or entity with legal authority to make decisions for an individual with a disability or an attorney-in-fact, an attorney at law representing a person for purposes of obtaining information pursuant to this part, or the legally appointed administrator, executor, or other legally appointed representative of a person's estate. See Tennessee Code 36-1-102

    48. Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
    49. Licensed child-placing agency: means any agency operating under a license to place children for adoption issued by the department, or operating under a license from any governmental authority from any other state or territory or the District of Columbia, or any agency that operates under the authority of another country with the right to make placement of children for adoption and that has, in the department's sole determination, been authorized to place children for adoption in this state. See Tennessee Code 36-1-102
    50. Licensed clinical social worker: means an individual who holds a license as an independent practitioner from the board of social worker certification and licensure pursuant to title 63, chapter 23, and, in addition, is licensed by the department to provide adoption placement services. See Tennessee Code 36-1-102
    51. Lineal descendant: Direct descendant of the same ancestors.
    52. Lineal descendant: means a person who descended directly from another person who is the biological or adoptive ancestor of such person, such as the daughter of the daughter's mother or granddaughter of the granddaughter's grandmother. See Tennessee Code 36-1-102
    53. Lodge: means subordinate member units of the society, known as camps, courts, councils, branches or by any other designation. See Tennessee Code 56-25-104
    54. Month: means a calendar month. See Tennessee Code 1-3-105
    55. Parental rights: means the legally recognized rights and responsibilities to act as a parent, to care for, to name, and to claim custodial rights with respect to a child. See Tennessee Code 36-1-102
    56. parents: means any biological, legal, adoptive parent or parents or, for purposes of §. See Tennessee Code 36-1-102
    57. Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
    58. Person: means any association, aggregate of individuals, business, company, corporation, individual, joint-stock company, Lloyds-type organization, organization, partnership, receiver, reciprocal or interinsurance exchange, trustee or society. See Tennessee Code 56-16-102
    59. Plaintiff: The person who files the complaint in a civil lawsuit.
    60. Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
    61. Post-adoption record: means :

      The record maintained in any medium by the department, separately from the sealed record or sealed adoption record and subsequent to the sealing of an adoption record or that is maintained about any sealed record or sealed adoption record. See Tennessee Code 36-1-102

    62. Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
    63. Premiums: means premiums, rates, dues or other required contributions by whatever name known, which are payable under the certificate. See Tennessee Code 56-25-104
    64. Property: includes both personal and real property. See Tennessee Code 1-3-105
    65. Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
    66. Putative father: means a biological or alleged biological father of a child who, at the time of the filing of the petition to terminate the parental rights of such person, or if no such petition is filed, at the time of the filing of a petition to adopt a child, meets at least one (1) of the criteria set out in §. See Tennessee Code 36-1-102
    67. Quorum: The number of legislators that must be present to do business.
    68. Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
    69. Related: means grandparents or any degree of great-grandparents, aunts or uncles, or any degree of great-aunts or great-uncles, or step-parent, or cousins of the first degree, or first cousins once removed, or any siblings of the whole or half degree or any spouse of the above listed relatives. See Tennessee Code 36-1-102
    70. Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
    71. Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
    72. Rules: means all rules, regulations or resolutions adopted by the supreme governing body or board of directors that are intended to have general application to the members of the society. See Tennessee Code 56-25-104
    73. Sealed adoption record: means :

      The adoption record as it exists subsequent to its transmittal to the department, or subsequent to its sealing by the court, pursuant to the requirements of §. See Tennessee Code 36-1-102

    74. Sealed record: means :

      Any records, reports, or documents that are maintained at any time by a court, a court clerk, a licensed or chartered child-placing agency, licensed clinical social worker, the department, the department of health, or any other information source concerning the foster care or agency care placement, or placement for adoption, of a person by any branch of the Tennessee children's home society authorized by Public Chapter 113 (1919). See Tennessee Code 36-1-102

    75. Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
    76. Sibling: means anyone having a sibling relationship. See Tennessee Code 36-1-102
    77. signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
    78. Society: means fraternal benefit society, unless otherwise indicated. See Tennessee Code 56-25-104
    79. State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
    80. Surrender: means a document executed under §. See Tennessee Code 36-1-102
    81. Testimony: Evidence presented orally by witnesses during trials or before grand juries.
    82. United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
    83. Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
    84. written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
    85. Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105