Legislation
SECTION 451-A
Qualifications for membership
Banking (BNK) CHAPTER 2, ARTICLE 11
§ 451-a. Qualifications for membership. 1. Subject to approval of the
superintendent, the membership of a credit union shall consist of
persons within the credit union's field of membership who have been duly
admitted members.
Subject to the approval of the superintendent, a credit union's field
of membership may include one or more of the following categories:
(a) Persons:
(1) within the same occupation or from multiple groups each
representing a different occupation;
(2) within the same association or from multiple groups each
representing a different association;
(3) who reside, work, worship or attend school within a well-defined
identifiable neighborhood, community or rural district and who, in the
judgment of the superintendent, have such a community of interest as
will ensure proper administration. For purposes of this section a
"well-defined identifiable neighborhood, community or rural district"
may consist of one or more adjacent precincts, districts, cities or
counties; or
(4) within a combination of these three categories described in this
subdivision; or
(b) Organizations located within a well-defined identifiable
neighborhood, community or rural district, as determined in accordance
with subparagraph three of paragraph (a) of this subdivision and which,
in the judgment of the superintendent, have such a community of interest
as will ensure proper administration; or
(c) Family members of such persons described in paragraph (a) of this
subdivision. For the purposes of this paragraph, "family member" means a
person related by blood, marriage or living in the same household with a
person within the field of membership and their lineal ancestors and
descendants including persons so related by adoption, siblings,
stepparents, stepchildren and stepsiblings; and "household" means
persons living in the same residence and maintaining a single economic
unit; or
(d) Any employee of the credit union; or
(e) Any member who leaves the field of membership and who has not
withdrawn or been expelled may retain membership; or
(f) Any incorporated or unincorporated organization composed
principally of persons eligible to membership in the credit union and
that organization's employees.
2. Any person who is eligible for membership by reason of the fact
that he or she is an employee of a common employer or of a credit union
shall not become ineligible, after the termination of such employment,
as long as he or she receives a pension or annuity from, or under, a
plan or other arrangement established by such common employer or credit
union.
3. Subject to approval of the superintendent, a credit union may
extend membership to persons and organizations in an underserved local
community, neighborhood or rural district where such area is considered
an "investment area" as defined in the federal Community Development
Banking and Financial Institutions Act of 1994 (12 U.S.C. 4703(16)).
4. In considering an application pursuant to subdivision one of this
section, the superintendent shall consider the credit union's record and
history of serving underserved areas, as well as low and moderate-income
individuals within the communities it currently services, if any, and
its commitments to serve underserved areas, as well as low and
moderate-income individuals in the communities to be served.
Furthermore, in considering such application, the superintendent may
impose such limitation, such as geographical limitations, as the
superintendent determines to be appropriate in his or her sole
discretion.
superintendent, the membership of a credit union shall consist of
persons within the credit union's field of membership who have been duly
admitted members.
Subject to the approval of the superintendent, a credit union's field
of membership may include one or more of the following categories:
(a) Persons:
(1) within the same occupation or from multiple groups each
representing a different occupation;
(2) within the same association or from multiple groups each
representing a different association;
(3) who reside, work, worship or attend school within a well-defined
identifiable neighborhood, community or rural district and who, in the
judgment of the superintendent, have such a community of interest as
will ensure proper administration. For purposes of this section a
"well-defined identifiable neighborhood, community or rural district"
may consist of one or more adjacent precincts, districts, cities or
counties; or
(4) within a combination of these three categories described in this
subdivision; or
(b) Organizations located within a well-defined identifiable
neighborhood, community or rural district, as determined in accordance
with subparagraph three of paragraph (a) of this subdivision and which,
in the judgment of the superintendent, have such a community of interest
as will ensure proper administration; or
(c) Family members of such persons described in paragraph (a) of this
subdivision. For the purposes of this paragraph, "family member" means a
person related by blood, marriage or living in the same household with a
person within the field of membership and their lineal ancestors and
descendants including persons so related by adoption, siblings,
stepparents, stepchildren and stepsiblings; and "household" means
persons living in the same residence and maintaining a single economic
unit; or
(d) Any employee of the credit union; or
(e) Any member who leaves the field of membership and who has not
withdrawn or been expelled may retain membership; or
(f) Any incorporated or unincorporated organization composed
principally of persons eligible to membership in the credit union and
that organization's employees.
2. Any person who is eligible for membership by reason of the fact
that he or she is an employee of a common employer or of a credit union
shall not become ineligible, after the termination of such employment,
as long as he or she receives a pension or annuity from, or under, a
plan or other arrangement established by such common employer or credit
union.
3. Subject to approval of the superintendent, a credit union may
extend membership to persons and organizations in an underserved local
community, neighborhood or rural district where such area is considered
an "investment area" as defined in the federal Community Development
Banking and Financial Institutions Act of 1994 (12 U.S.C. 4703(16)).
4. In considering an application pursuant to subdivision one of this
section, the superintendent shall consider the credit union's record and
history of serving underserved areas, as well as low and moderate-income
individuals within the communities it currently services, if any, and
its commitments to serve underserved areas, as well as low and
moderate-income individuals in the communities to be served.
Furthermore, in considering such application, the superintendent may
impose such limitation, such as geographical limitations, as the
superintendent determines to be appropriate in his or her sole
discretion.