Section 4526. Investments of fraternal benefit societies  


Latest version.
  • (a) For purposes
      of investments made pursuant to the provisions of section  one  thousand
      four  hundred  four  of  this chapter, the term "institution" shall only
      include a corporation, a joint-stock association, and a  business  trust
      and  the term "obligations" shall only include bonds, debentures, notes,
      or other evidences of indebtedness. Notwithstanding the  provisions  set
      forth  in  items  (ii)  and (iv) of subparagraph (A) of paragraph two of
      subsection (a) of such section, a society is authorized to invest, in an
      amount not to exceed thirty-three percent  of  its  admitted  assets  as
      shown  by  its  last  statement  on  file  with  the  superintendent, in
      obligations of American institutions which:
        (1) are  rated  BBB  or  higher  (or  the  equivalent  thereto)  by  a
      securities  rating agency recognized by the superintendent, or if not so
      rated, are similar in structure and in all material  respects  to  other
      obligations of the same institution which are so rated, or
        (2) have been given at least the second highest quality designation by
      the Securities Valuation Office of the National Association of Insurance
      Commissioners.
        (b)  Investments  in loans secured by real property and investments in
      real property made pursuant to the provisions  of  paragraphs  four  and
      five  of  subsection  (a) of such section shall be permitted only to the
      extent that such investments are  acquired  or  held  directly  by  such
      society.
        (c)  Foreign  investments made pursuant to the provisions of paragraph
      six of such subsection shall only consist of the following:
        (1) Investments in Canada which are substantially of the  same  kinds,
      classes  and  investment  grades  as those eligible for investment under
      other provisions of  such  subsection.  The  aggregate  amount  of  such
      investments held at any time shall not exceed the greater of ten percent
      of  the society's admitted assets as shown by its last statement on file
      with the superintendent or the amount, if  any,  permitted  pursuant  to
      paragraph two hereof.
        (2)  Investments in a foreign country or in a possession of the United
      States if the society is authorized to do business therein,  or  if  the
      society  has  outstanding insurance, annuity or reinsurance contracts on
      lives or risks resident or located therein;  provided  such  investments
      are  substantially  of  the same kinds, classes and investment grades as
      those eligible for investment under other provisions of such subsection.
      The aggregate amount of such investments and of cash in the currency  of
      such  country  or  possession  at  any  time  held  shall not, except as
      permitted by paragraph one hereof, exceed the amount which such  society
      is  required  by  law to invest in such country or possession or one and
      one-half times the amount of its reserves and  other  obligations  under
      such contracts, whichever is greater.
        (3)  Investments  in  any  foreign country, in addition to investments
      permitted under paragraphs one and two hereof, which  are  substantially
      of  the  same  kinds,  classes  and  investment  grades, and in the same
      proportions, as those eligible for investment under other provisions  of
      such subsection and subsection (a) of this section. The aggregate amount
      of  such  investments  made  pursuant to this paragraph shall not exceed
      four percent of the society's admitted  assets  as  shown  by  its  last
      statement  on  file  with the superintendent and provided that a society
      shall not make any investment in any foreign country  pursuant  to  this
      paragraph,  if  such  investment, together with all other investments in
      the same foreign country so made and then held by  such  insurer,  would
      exceed one percent of the society's admitted assets as shown by its last
      statement on file with the superintendent.
    
        (d)  Investments  in equity interests made pursuant to paragraph eight
      of such subsection shall be limited to investments in common shares  and
      shall  not  include investments in partnership interests or other equity
      interests.