NOTICE OF ADOPTION - Chapter 10, Unincorporated Mutual Associations

To: All Unincorporated Mutual Associations

Amendments to Chapter 10 of the Insurance Department Rules and Regulations were filed with the Secretary of State for adoption on July 30, 2012, with an effective date of August 4, 2012.

Chapter 10 entitled, “Unincorporated Mutual Associations” was amended to eliminate inconsistencies between the regulation and Nebraska Law. The proposed amendment removes the requirement that filings made to the department by unincorporated mutual associations be accompanied by a five dollar filing fee. The five dollar filing fee was previously required by Neb. Rev. Stat. § 44-114. The Nebraska Legislature recently removed the filing fee requirement (LB 887, 2012), and this amendment will adjust the regulation accordingly.

Additionally, the amendment removes a provision which prohibits unincorporated mutual associations from paying in excess of five dollars per day to any officer or employee for services performed. This will eliminate a long-standing inconsistency between the regulation and current Nebraska law. When initially adopted, this regulation paralleled the language of Neb. Rev. Stat. § 44-386 which limited officer and employee salaries to a maximum of five dollars per day. Subsequently, the Nebraska Legislature amended Neb. Rev. Stat. § 44-386 to allow salaries of up to ten dollars per day (Neb. Laws 1979, LB 417). The amended regulation eliminates this inconsistency.

Copies of Chapter 10 may be obtained by forwarding a check in the amount of $1.00 for each copy requested, made payable to the Nebraska Department of Insurance, 941 O Street, Suite 400, Lincoln, Nebraska 68508. Copies can also be obtained through the Department’s website at Any questions concerning Chapter 10 should be directed to Matthew W. Holman.