notice of the monthly contributions or assessments by publication in
an official paper, authorized by the Board of Directors, a copy of such
paper to be mailed to each member. For the regular monthly assess-
ment or contribution it shall not be necessary to prove either the
mailing or the receipt of the official paper to or by the person insured
or the person responsible for the payment of contributions or assess-
ments. Provided, however, that in the case of such certificates under
which a loan equity or cash value is available, the Supreme Secretary
shall mail a written notice to the insured within six months after lapse
stating any automatic non-forfeiture benefit in force or rights as to
the operation of the automatic loan provision.
Payment of Assessments or Contributions
SEC. 85. The notice required in the foregoing section, whether by
mail or publication in the official paper, shall be in such form as the
Board of Directors may prescribe.
Resolution Of Disputes Regarding Financial Benefit Products
SEC. 86. (a) Purpose. The purpose of this section is to prescribe the
sole means to present and resolve grievances, complaints or disputes
between members, certificate or policy owners or beneficiaries and
the Order or its directors, officers, agents and employees relating to
the Order’s financial benefit products (for instance, benefit certifi-
cates or policies, and annuities). Procedures set forth in this section
are meant to provide prompt, fair and efficient opportunities for dis-
pute resolution consistent with the fraternal nature of the Order with-
out the delay and expense of formal legal proceedings.
(b) Scope. Except as expressly limited in this paragraph, this sec-
tion applies to all past, current and future benefit certificates or poli-
cies, members, insureds, certificate or policy owners, beneficiaries
and the Order. It applies to all claims, actions, disputes and griev-
ances of any kind or nature whatsoever relating to the Order’s finan-
cial benefit products. It includes, but is not limited to, claims based
on breach of benefit contract, as well as claims based on fraud, mis-
representation, violation of statute, discrimination, denial of civil
rights, conspiracy, defamation, and infliction of distress against the
Order or its directors, officers, agents or employees. To the extent
permitted by applicable law, this section applies to all claims, actions,
disputes and grievances brought by the Order against members, cer-
tificate or policy owners or beneficiaries with respect to the Order’s
financial benefit products. In the event that a court or arbitrator of
competent jurisdiction deems any party or claim in a dispute not sub-
ject to this section, this section shall remain in full force and effect as
to any remaining parties or claims involved in such dispute. This sec-
tion does not apply to any claims or disputes relating to major med-
ical insurance certificates or pension or retirement benefit plans for
its employees. This Section 86 also does not apply to claims or dis-
putes made after the applicable statute of limitations has expired and
nothing herein shall be deemed to supersede the provision of
Chapters XVII, XVIII, XIX, XX and XXI of the Charter, Constitution
KNIGHTS OF COLUMBUS 39
and Laws of the Order, and any provisions of any applicable collec-
tive bargaining unit agreement to which the Order is a party.
(c) Procedures. No lawsuits or any other actions may be brought
for any claims or disputes covered by this section. The following are
the steps and procedures for presenting and resolving disputes:
Step 1. Appeal. Appeal of the dispute to a designated reviewer with-
in the Order as appropriate to the dispute.
Step 2. Mediation. If Step 1 does not result in a mutually satisfacto-
ry resolution, either party has the right to have the matter mediated
in accord with the applicable mediation rules of the American
Arbitration Association (or other neutral organization as agreed upon
by the parties).
Step 3. Arbitration. If Step 2 does not result in a mutually satisfac-
tory resolution, the matter will be resolved by binding arbitration
administered by and in accordance with the applicable arbitration
rules as prescribed by the American Arbitration Association (or
another neutral organization mutually agreed upon) as applicable to
the type of matter in dispute. The decision of the arbitrator shall be
final and binding, subject only to the right to appeal such decision as
provided in the arbitration rules and applicable law.
The member or benefit certificate or policy owner or beneficiary
shall have the right to consult with legal counsel of his or her choos-
ing at any time at their own expense (unless, as provided in Section
(f) below, he or she is awarded attorneys fees). If an issue in dispute
is subject to law that prohibits parties from agreeing to submit future
disputes to binding arbitration, arbitration results shall be non-bind-
ing, unless both the individual and the Order agree to binding arbitra-
tion after the claim or dispute has arisen. Every reasonable effort
shall be made to complete Step 1 within forty-five (45) days of the
date the notice of dispute is received by all parties; Step 2 within an
additional sixty (60) days; and Step 3 within an additional one -
hundred-twenty (120) days.
(d) Costs. The administrative costs of the mediation and/or arbitra-
tion (including fees and expenses of mediators or arbitrators, filing
fees, reasonable and necessary court reporting fees) shall be paid by
the Order. Provided, however, unless awarded pursuant to subsection
(f) below, each party shall bear its own attorneys’ fees, expert fees
and discovery costs.
(e) Restriction of Joinder of Disputes. The procedures of this sec-
tion are designed to afford individual members, benefit certificate or
policy owners, beneficiaries and the Order a prompt, fair and effi-
cient means of resolving individual disputes. Accordingly, no disputes
may be brought forward in a representative group or on behalf of or
against any "class" of persons, and the disputes involving multiple
members or benefit certificate or policy owners or beneficiaries
(other than immediate family) may not be joined together for purpos-
40 LAWS GOVERNING SUPREME COUNCIL
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