Young v. Aeolian Council No. 17

Citations

• 59 Pa. Super. 174
• 1915 Pa. Super. LEXIS 41

Syllabus

<p>Beneficial associations — Constitution and by-laws — Arrearages—Nonbeneficidl period — Notice.</p> <p>1. A beneficial association may provide in its constitution that a member in arrears “for thirteen weeks shall not be entitled to benefits until four weeks after all such arrearages have been paid in full.” If a member has been in arrears for thirteen weeks and has at the expiration of such time renewed the payment of dues, but at the time of his death the probationary period of four weeks has not elapsed, no death benefits can be paid by reason of his death.</p> <p>2. In such a case the association is not required to give notice to a member before he would cease to be beneficial, if no such notice is required by the by-laws.</p> <p>3. A section of the by-laws provided that “all members thirteen weeks or over in arrears, after being notified, neglecting to pay a sufficient amount to reduce their arrearages to less than thirteen weeks in four weeks thereafter, shall be declared suspended for nonpayment of dues if not otherwise ordered.” Held that such section did not apply to the nonbeneficial period, but only where the association contemplated a suspension of the member. In the latter case notice was necessary.</p>