§ 4509. Certificates; applications; effect of changes in corporate
documents. Every authorized society shall issue to each insured member,
except a spouse or children under the age of twenty-one years insured as
members pursuant to subsection (b) of section four thousand five hundred
five of this article, a certificate specifying the amount or amounts of
insurance benefits provided thereby. The application for insurance, and
the declaration of insurability, if used in lieu of a medical
examination as herein provided, shall be signed by the applicant, and,
unless society does not make the application a part of the contract or
agreement with the member or applicant, a copy thereof shall be attached
thereto, and all statements made by the applicant therein shall be
deemed representations and not warranties. Every adult insurance member
entitled to life insurance benefits shall, as to each application for
life insurance, have furnished evidence of insurability acceptable to
the society. The certificate, together with any riders or endorsements
attached thereto, the articles of incorporation, constitution and
by-laws of the society, and the application and declaration of
insurability, if any, attached as aforesaid, shall constitute the entire
contract, as of the date of issuance, between the society and the
insured member; and copies of the same, certified by the secretary or
corresponding officer of such society, shall be received in evidence to
show the terms and conditions of such contract. In the case of
certificates that provide that the death benefit or other certificate
provisions may be changed by written application or by the written
notice of exercise of one or more options provided in the certificate,
or automatically by the terms of the certificate, the certificate may
also contain a provision that when such written application or notice of
exercise of an option is accepted by the society or a notice of any
change is issued by the society and, in each case, a copy of such
application or notice is returned by mail or delivered to the
certificate holder at the certificate holder's last post office address
known to the society, such application or notice shall become part of
the entire contract between the parties. Any changes, additions or
amendments to said articles of incorporation, constitution or by-laws
duly made or enacted subsequent to the issuance of any certificate,
other than a certificate or contract providing variable benefits
pursuant to a separate account, shall bind the member and his
beneficiaries, and shall thereafter govern and control the agreement in
all respects, except that no change, addition, or amendment shall
destroy or diminish benefits which the society contracted to give the
members as of the date of issuance.