William Penn Life, 2007 (42. évfolyam, 1-12. szám)
2007 / Különszám
The By-Laws other evidence of coverage issued in its place. No requested change from the original contract shall be effective until the date of issuance of the substitute contract, and, upon issuance of the substitute, the original contract shall thereupon become void. ARTICLE H - BENEFIT CERTIFICATES When a Benefit Certificate as defined herein does not provide otherwise or unless prohibited by law of the state having jurisdiction, the contract, whether issued before or after the date of these amended By-Laws, shall be governed by the following specific provisions: Section 1101. BENEFICIARIES a. Every Member shall have the right to designate a beneficiary. Except in states specifically naming or excluding beneficiaries by statute, any person or entity may be designated as beneficiary. b. If a beneficiary is named contrary to the laws of the state in which the Member resides, the designation becomes null and void and the share of such persons designated shall be paid to the heirs-at-law of the Member, if any. However, said heirs must prove their claim within two years of the death of the Member. In the event the claim is not proven, the death benefits shall be payable to the personal representative of the deceased Member. If the beneficiary is a minor under the laws of the state in which the minor beneficiary resides, the insurance proceeds otherwise belonging to such minor beneficiary shall be held by the Association in its Trust Account for the benefit of such minor beneficiary until such minor beneficiary attains the age of majority in such state, unless such state law requires otherwise. Section 1102. CONTINGENT BENEFICIARIES - Unless contrary to the law of the state in which the Member resides, contingent beneficiaries may be named. Death benefits are payable to contingent beneficiaries in the event the designated principal beneficiary predeceases the Member. Section 1103. DIVISION OF BENEFITS a. Where more than one beneficiary is named, the Member shall designate what amounts shall go to each beneficiary. Otherwise, equal shares shall go to each beneficiary. b. In the event one of the designated beneficiaries dies, his or her share of the benefits shall be divided among the surviving designated beneficiaries in equal shares. Section 1104. PRECEDENT DEATH OF ALL BENEFICIARIES - If none of the beneficiaries named in the Benefit Certificate should survive the Member, or if there are no beneficiaries named therein, then the surviving spouse, if any, shall be deemed a contingent beneficiary and the death benefit shall be paid to said spouse. If there is no surviving spouse, then the surviving children shall be deemed contingent beneficiaries and the death benefit shall be divided equally among them. If there is no surviving spouse and no surviving children, then the death benefit shall be paid to the personal representative of the deceased Member. Section 1105. DEATH BY THE HAND OF A BENEFICIARY - If a Member dies by the hand of a beneficiary, unless by accident, such beneficiary, whether sane or insane, shall not be entitled to any payment and his or her share of the death benefit shall be paid in accordance with the rules established for predeceased beneficiaries. Section 1106. CHANGE OF BENEFICIARY - A Member may change his or her beneficiaries at any time, but only on a form prescribed and furnished by or acceptable to the Association. Such form, properly filled out and accompanied by the membership certificate when requested, must be sent to the Home Office. The National Vice President- Secretary shall endorse the name or names of the new beneficiary or beneficiaries upon the certificate of the Member, or may issue a substitute certificate to him or her, subject to the same conditions as the one surrendered but containing the name or names of the newly designated beneficiary or beneficiaries. Such change shall take effect as of the date of request, but without prejudice to the Association by reason of any payment made under the contract prior to the receipt of the requested change at its Home Office. No change of beneficiary shall be allowed or be binding which is not requested in writing as herein provided. No change of beneficiary request shall be considered which is received at the Home Office after the death of the Member. No beneficiary or other person, except an assignee, shall have any vested interest in the benefits for any claim or loss against the Association or the Member due to any change in beneficiary. Section 1107. FUNERAL EXPENSES - The Association shall have the right to pay out of the proceeds of the membership certificate, a sum not to exceed the amount authorized by the beneficiary of said certificate towards funeral expenses of the deceased Member, to any person equitably entitled thereto by reason of having incurred burial expenses of the Member. Request for such payment must be made prior to the payment of the claim to the beneficiary. Section 1108. PREMIUM PAYMENTS - Premium payments shall be due in accordance with the provisions of the contract and these By-Laws. The mode and time of premium payments shall be established from time to time by the Board of Directors. Members are obligated to pay the minimum premium as established by the Board of Directors, regardless of what the previously issued certificates or policies may set forth. Section 1109. RIGHT OF ACTION - No court action may be started for any claim arising out of a certificate of insurance, unless the action is started within the time allowed by the laws of the jurisdiction in which the cause of action arises. In the absence of any such laws, the court 42 William Penn Life, Special Convention Edition, December 2007
