Texas Insurance Code 885.311 – Deficiency Payments
(a) A fraternal benefit society shall provide in the fraternal benefit society’s laws that if the society’s reserves for any class of the society’s benefit certificates become impaired, the society’s supreme governing body or board of directors may require the certificate holders to pay the society an equitable proportion of the deficiency as determined by the governing body or board. The aggregate assessment for the impaired reserves may not exceed the total amount required to comply with Section 885.408.
(b) If a holder of a benefit certificate does not pay a fraternal benefit society the amount determined under Subsection (a), the holder, in a manner determined by the society, may elect to accept:
(1) the amount determined under Subsection (a) as an indebtedness against the certificate, with the amount drawing interest at a rate that does not exceed the rate specified for a certificate loan under a certificate that has cash value;
(2) a proportionate reduction in the benefits payable under the certificate; or
(3) a combination of the limitations on the certificate described by Subdivisions (1) and (2).
Terms Used In Texas Insurance Code 885.311
- 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
- sworn: includes affirm or affirmed. See Texas Government Code 312.011
(c) A fraternal benefit society may determine a presumed election for a holder of a benefit certificate under Subsection (b) if the holder fails to make an election.
(d) Not later than the 90th day before the proposed effective date of an assessment under Subsection (a), the fraternal benefit society shall file with the department an application for approval of the assessment and a statement sworn to by the president and secretary or corresponding officers of the society. The statement must:
(1) include:
(A) the terms of the assessment, including the proposed effective date; and
(B) a narrative statement of the financial condition of the fraternal benefit society; and
(2) state that the assessment:
(A) received approval by a majority vote of the supreme governing body or board of directors of the society; and
(B) complies with the requirements of this section.
(e) After the department receives a completed application, the commissioner may approve or disapprove the application. If the commissioner does not approve or disapprove the application before the 60th day after the date the department receives the completed application, the application is considered approved. The commissioner may impose an effective date earlier than the date requested in the application if the earlier effective date is in the best interests of the certificate holders.