2006 Minnesota Statutes

64B.19 BENEFIT CONTRACT.
    Subdivision 1. Certificate. Every society authorized to do business in this state shall issue to
each owner of a benefit contract a certificate specifying the amount of benefits provided thereby.
The certificate, together with any riders or endorsements attached to it, the laws of the society, the
application for membership, the application for insurance and declaration of insurability, if any,
signed by the applicant, and all amendments to each thereof, shall constitute the benefit contract,
as of the date of issuance, between the society and the owner, and the certificate shall so state. A
copy of the application for insurance and declaration of insurability, if any, shall be endorsed upon
or attached to the certificate. All statements on the application shall be representations and not
warranties. Any waiver of this provision shall be void.
    Subd. 2. Amendments to laws. Any changes, additions, or amendments to the laws of the
society duly made or enacted subsequent to the issuance of the certificate, shall bind the owner
and the beneficiaries, and shall govern and control the benefit contract in all respects the same as
though the changes, additions, or amendments had been made prior to and were in force at the
time of the application for insurance, except that no change, addition, or amendment shall destroy
or diminish benefits that the society contracted to give the owner as of the date of issuance.
    Subd. 3. Minor bound by certificate. A person upon whose life a benefit contract is issued
prior to attaining the age of majority shall be bound by the terms of the application and certificate
and by all the laws and rules of the society to the same extent as though the age of majority had
been attained at the time of the application.
    Subd. 4. Extra assessments. A society shall provide in its laws that if its reserves as to all
or any class of certificates become impaired, its board of directors or corresponding body may
require that there shall be paid by the owner to the society the amount of the owner's equitable
proportion of such deficiency as ascertained by its board, and that if the payment is not made either
(1) it shall stand as an indebtedness against the certificate and draw interest not to exceed the rate
specified for certificate loans under the certificates; or (2) in lieu of or in combination with (1), the
owner may accept a proportionate reduction in benefits under the certificate. The society may
specify the manner of the election and which alternative is to be presumed if no election is made.
    Subd. 5. Certified copy as evidence. Copies of any of the documents mentioned in this
section, certified by the secretary or corresponding officer of the society, shall be received in
evidence of the terms and conditions thereof.
    Subd. 6. Filing of certificates; contents. No certificate shall be delivered or issued for
delivery in this state unless a copy of the form has been filed with the commissioner in the manner
provided for like policies issued by life insurers in this state. Every life, accident, health, or
disability insurance certificate and every annuity certificate issued on or after one year from
August 1, 1985 shall meet the standard contract provision requirements not inconsistent with this
chapter for like policies issued by life insurers in this state, except that a society may provide for a
grace period for payment of premiums of one full month in its certificates. The certificate shall
also contain a provision stating the amount of premiums which are payable under the certificate
and a provision reciting or setting forth the substance of any sections of the society's laws or rules
in force at the time of issuance of the certificate which, if violated, will result in the termination or
reduction of benefits payable under the certificate. If the laws of the society provide for expulsion
or suspension of a member, the certificate shall also contain a provision that any member so
expelled or suspended, except for nonpayment of a premium or within the contestable period
for material misrepresentation in the application for membership or insurance, shall have the
privilege of maintaining the certificate in force by continuing payment of the required premium.
    Subd. 7. Ownership of certificates. Benefit contracts issued on the lives of persons
below the society's minimum age for adult membership may provide for transfer of control or
ownership to the insured at an age specified in the certificate. A society may require approval
of an application for membership in order to effect this transfer, and may provide in all other
respects for the regulation, government, and control of such certificates and all rights, obligations,
and liabilities incident thereto and connected therewith. Ownership rights prior to the transfer
shall be specified in the certificate.
    Subd. 8. Assignment of certificates. A society may specify the terms and conditions on
which benefit contracts may be assigned.
    Subd. 9. Payment to welfare recipients. No society authorized to do business in this state
which provides or pays for any health care benefits shall issue any certificate which contains
any provision denying or reducing benefits because services are rendered to a certificate holder
or beneficiary who is eligible for or receiving medical assistance pursuant to chapter 256B or
services pursuant to section 252.27; 260B.331, subdivision 2; 260C.331, subdivision 2; or
393.07, subdivision 1 or 2.
    Subd. 10. Disability offset prohibited. No certificate, contract, or other evidence of
coverage entered into, issued, amended, renewed, or delivered on or after January 1, 1976, shall
contain any provision offsetting, or in any other manner reducing, any benefit to a member or
other beneficiary by the amount of, or in any proportion to any increase in disability benefits
received or receivable under the Social Security Act, United States Code, title 42, section 301 et
seq., as amended subsequent to the date of commencement of the benefit.
History: 1985 c 49 s 19; 1999 c 139 art 4 s 2