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§4522

§4522 . Exemptions of certain organizations.

§4522(a)

(a) Except as provided in (sub§ (b)) hereof the following societies, corporations, unincorporated associations, and other organizations shall be exempt from the provisions of this chapter requiring the obtaining of a license to do an insurance business and from all other requirements of this chapter except those provided in (sub§ (c)) and (sub§ (d)) hereof and except §3209 and the provisions of article 74 of this chapter:

§4522(a)(1)

(1) Organizations of workmen of the same trade or of several allied trades maintained for the purpose of securing by united action the most favorable conditions as regards wages, hours and conditions of labor, and the protection of their individual rights in the prosecution of their trade or trades.

§4522(a)(2)

(2) Organizations which limit their membership to the employees of a particular city or town, or of a designated business corporation or firm, or of 1 or more business corporations or firms having business interests in common, except as otherwise provided in subsection §1108(f) of this chapter. Any such organization which limits its membership to the employees of a corporation having more than 5000 employees may provide for hospital, surgical and medical benefits for the employee, his or her spouse, and his or her child or children not over 18 years of age.

§4522(a)(3)

(3) Organizations of a religious, charitable, benevolent or fraternal character, which are not organized or maintained primarily for the purpose of providing insurance benefits, and which have not more than 1500 members who are or may be entitled to any insurance benefits unless the organization obligates itself to pay a death benefit more than $500 on the death of any 1 member, or disability benefits of more than $350 to any 1 person in any 1 year, or both.

§4522(a)(4)

(4) Organizations which limit their membership to persons engaged in 1 or more occupations in the same or similar lines of business and which, together with their legal predecessors or affiliated bodies continuously paid or provided for the payment of death or disability benefits to their members for a period of not less than 15 years prior to January 1st, 1940.

§4522(a)(5)

(5) Any organization of a religious, charitable, benevolent or fraternal character, which is not organized or maintained primarily for the purpose of providing insurance benefits, which have furnished hospital benefits to its members under a plan where the maximum charge for such benefits is not in excess of $2.00 per annum and which was in operation for 10 years prior to March 1st, 1941, or which obligates itself to pay a death benefit of not more than $100 on the death of any 1 member, and has been in operation for more than 25 years prior to March 1st, 1950.

§4522(a)(6)

(6) Organizations which limit their membership to members of a fraternal benefit society organized under the provisions of this chapter and which provide either cemetery benefits, or funeral benefits not in excess of $75 for any 1 interment, or both, for such member, his or her spouse or his or her child or children not over 21 years of age.

§4522(b)

(b) The foregoing exemptions shall not apply to:

§4522(b)(1)

(1) any organization which is incorporated or organized under the laws of, or has its principal office or headquarters in, any province or country outside of the United States,

§4522(b)(2)

(2) any organization, except 1 specified in paragraph (sub§ (a))(2) hereof, which makes or issues annuity contracts,

§4522(b)(3)

(3) any organization of any of the kinds specified in paragraph (sub§ (a))(2) , (sub§ (a))(3) or (sub§ (a))(5) hereof if it gives or allows, or promises to give or allow, to any person any compensation for procuring new members, or

§4522(b)(4)

(4) any subordinate lodge of any society providing insurance benefits to its members.

§4522(c)

(c) The superintendent may require from any organization claiming exemption under (sub§ (a)) hereof, by examination in accordance with §310 of this chapter, or otherwise, such information as will enable him to determine whether such organization is exempt under (this §) .

§4522(d)

(d) No organization of the kinds hereinbefore specified which obligates itself to pay life insurance or accident or health or disability insurance benefits to its members shall make, issue or deliver in this state any certificate or other written evidence of such obligation unless the same shall have conspicuously printed on the 1st page thereof in bold-faced type not smaller than 10 point the following statement: "This organization does not operate under the supervision of the New York State Insurance Department. "
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