2. Where, upon the death of the insured, it appears that the certifi-
cate holder has failed to make any designation, or that all of the
named beneficiaries are dead, or if the designation shall fail for ille-
gality or otherwise, then the death benefit shall be paid in the order
of precedence as herein set forth:
First: The insured’s spouse.
Second: The insured’s children. Under this section, the term “chil-
dren” shall be defined as: (1) all biological children of the insured; (2)
all legally adopted children of the insured; (3) any step-children of the
insured from the insured’s marriage to his/her spouse at the time of
death; (4) any children of a predeceased child of the insured – such
children shall take their share of the deceased parent.
Third: The insured’s natural parents, or in the event the person
insured had been legally adopted, his or her adoptive parents.
Fourth: Any surviving brothers or sisters of the insured.
Fifth: The insured’s estate.
To Whom Paid
SEC. 72. Upon receipt in the Supreme Office of due proof of death
of a person insured, the Order shall pay to the beneficiary or benefi-
ciaries legally entitled thereto such sum as the deceased shall have
been insured for, subject to the terms and provisions of the insurance
certificates under which payment is being made. If a beneficiary be a
minor or incapable person the Order shall, if it so elect, pay as here-
inafter provided the sum due such minor or incapable person to the
person or persons who in the opinion of the Order are caring for and
supporting such minor or incapable person and such payment or pay-
ments shall be a complete discharge of the Order’s liability to the
extent of such payment. If the sum payable to the minor or incapable
person does not exceed one thousand dollars, it may be paid as here-
inbefore provided in a single sum; if the sum payable to a minor or
incapable person exceeds one thousand dollars it may be paid as
hereinbefore provided in monthly installments of not more than fifty
dollars each.
When Not Paid
SEC. 73. (a) With respect to any New Insurance System Benefit cer-
tificate: (1) If the certificate holder secured the issue of the certificate
through fraud, material misrepresentations in the application, or
material false statements to the examining physician, (A) no death
benefit shall be paid thereunder unless the certificate shall have been
in force during the life of the person insured for two years from its
date of issue, and (B) no double indemnity (additional accidental
death) benefit nor disability waiver benefit shall be paid or allowed
except as provided in the rider, (2) If within two years from the date
of the certificate the death of the person insured shall result from sui-
cide, while sane or insane, the limit of the Order’s liability thereunder
shall be the amount of all contributions paid.
KNIGHTS OF COLUMBUS 35
When Due
SEC. 74. Said insurance shall be due and payable to the person or
persons entitled thereto ninety days after proof of death of the person
insured has been received by the Supreme Secretary, but may be paid
prior thereto. No suit or action, either in law or equity, upon any claim
arising out of or by reason of the benefit certificate or the contract of
insurance by the Knights of Columbus shall be maintainable unless
commenced within the time limitation as fixed by the law of the state
or province in which the benefit certificate was delivered, or in event
no time limit is fixed by statute then action shall be commenced with-
in two years after cause of actions has accrued.
No Advance Payment
SEC. 75. In no case shall money be advanced to a beneficiary or to
any person entitled to the death benefit pending the payment of the
whole sum. In the event the Order becomes or is made a party to any
court or other legal proceeding to determine to whom an insurance
benefit should be paid, the Order shall be entitled to have all persons
who claim any interest in such benefit made parties to such proceed-
ings and all court costs, including a reasonable fee for an outside
attorney representing the Order, shall be paid from the amount due
under such benefit certificate.
Not Controlled by Will
SEC. 76. Subject to the provisions of any provincial or state laws
that may be applicable, no entry shall be made in any application, or
benefit certificate, or otherwise permitting the designation by or
ascertainment by reference to, any will, of the person, or persons,
trustees or beneficiaries to whom any benefit shall be payable or the
amount or share of any beneficiary. No will shall be permitted to con-
trol or affect the apportionment or distribution of, or rights of any
person to, any benefits payable by this Order.
When Beneficiary Not Named
SEC. 77. Should the person insured die without having a beneficia-
ry designation or should no duly named beneficiary have survived, or
should the beneficiary designation have failed because of illegality or
otherwise, then payment of the proceeds of the benefit certificate
shall be made in accordance with the provisions of Section 71 upon
the advice of the Supreme Advocate of the Order.
Benefit Certificate
SEC. 78. Benefit certificates, in such form as the Board of Directors
may determine, shall be issued by the Supreme Secretary.
Change of Beneficiary
SEC. 79. (a) Subject to the provisions of any provincial or state
laws that may be applicable, a certificate holder desiring to change
the beneficiary or beneficiaries shall file with the Supreme Secretary
a written request for such change, giving the name or names of such
new beneficiary or beneficiaries as may be desired in accordance
with the Laws of the Order, whereupon such change shall be entered
upon the records of the Order.
36 LAWS GOVERNING SUPREME COUNCIL
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