(a) A trust of real or personal property or real and personal property combined:
(1) which is created by an employer as part of a stock bonus plan, pension plan, disability or death benefit plan, or profit-sharing plan, for the exclusive benefit of some or all his or her employees, to which contributions are made by such employer or employees, or both, for the purpose of distribution to such employees the earnings of the principal, or both earnings and principal of the fund so held in trust; or
(2) which is created by a self-employed person or group of self-employed persons and:
a. which is part of a retirement, disability, or death benefit plan for such self-employed person or persons; and
b. contributions to which are deductible, in whole or in part, from gross income for federal income tax purposes under the internal revenue laws of the United States; or
(3) which is created for the collective investment of the funds of trusts which fall within the coverage of subdivisions (1) or (2) shall not be deemed to be invalid as violating any existing laws against perpetuities or against suspension of the power of alienation of title to property or against trusts for the purpose of the accumulation of income; but such a trust may continue for such a time as may be necessary to accomplish the purpose for which it was created.
(b) This section shall apply to all trusts of the nature specified in subsection (a) whether now in existence or hereafter created.
(c) Any employee who has the power to benefit others under the terms of any trust, including a pension or profit-sharing trust or any trust which has been created as a part of a stock bonus plan, pension plan, disability or death benefit plan, or profit-sharing plan, which has been created for the direct or indirect benefit of any class or classes or employees of one or more employers, may designate any person as a primary, contingent, alternate, joint, or other beneficiary in accordance with the terms of the instrument governing such trust. Such designation, in the form, if any, required by the terms of the instrument governing such trust, shall be effective to give to such designated beneficiary the benefits provided under the terms of the instrument governing such trust, notwithstanding any law which would otherwise make ineffective such designation, including, but without limitation to, any rule against perpetuities or law respecting testamentary dispositions; provided, that any such designation must be in writing.
(d) Any trustee or other person, including any person, corporation or national banking association, may make payment to any person, or his or her legal representative, designated as provided in subsection (c), and no trustee or other person shall be liable in any way to any person for making payment to a person, or his or her legal representative, so designated.
(e) This section shall not be construed to indicate any invalidity of designations such as are provided in subsection (c) made prior to September 9, 1961. This section shall not be construed to impose liability for the payment by a trustee or other person, in accordance with the terms of a trust instrument, to a person or his or her legal representative, not designated as provided herein.
Structure Code of Alabama
Title 19 - Fiduciaries and Trusts.
Chapter 3B - Alabama Uniform Trust Code.
Section 19-3B-101 - Short Title.
Section 19-3B-103 - Definitions.
Section 19-3B-104 - Knowledge.
Section 19-3B-105 - Default and Mandatory Rules.
Section 19-3B-106 - Common Law of Trusts; Principles of Equity.
Section 19-3B-107 - Governing Law.
Section 19-3B-108 - Principal Place of Administration.
Section 19-3B-109 - Methods and Waiver of Notice.
Section 19-3B-110 - Others Treated as Qualified Beneficiaries.
Section 19-3B-111 - Nonjudicial Settlement Agreements.
Section 19-3B-112 - Rules of Construction.
Section 19-3B-201 - Role of Court in Administration of Trust.
Section 19-3B-202 - Jurisdiction Over Trustee and Beneficiary.
Section 19-3B-203 - Subject Matter Jurisdiction.
Section 19-3B-205 - Judicial Accountings and Settlements.
Section 19-3B-301 - Representation: Basic Effect.
Section 19-3B-302 - Representation by Holder of Power of Appointment.
Section 19-3B-303 - Representation by Fiduciaries and Ancestors.
Section 19-3B-304 - Representation by Person Having Substantially Identical Interest.
Section 19-3B-305 - Appointment of Representative.
Section 19-3B-401 - Methods of Creating Trust.
Section 19-3B-402 - Requirements for Creation.
Section 19-3B-403 - Trusts Created in Other Jurisdictions.
Section 19-3B-404 - Trust Purposes.
Section 19-3B-405 - Charitable Purposes; Enforcement.
Section 19-3B-406 - Creation of Trust Induced by Fraud, Duress, or Undue Influence.
Section 19-3B-407 - Evidence of Oral Trust.
Section 19-3B-408 - Trust for Care of Animal.
Section 19-3B-409 - Noncharitable Trust Without Ascertainable Beneficiary.
Section 19-3B-410 - Modification or Termination of Trust; Proceedings for Approval or Disapproval.
Section 19-3B-411 - Modification or Termination of Noncharitable Irrevocable Trust by Consent.
Section 19-3B-414 - Modification or Termination of Uneconomic Trust.
Section 19-3B-415 - Reformation to Correct Mistakes.
Section 19-3B-416 - Modification to Achieve Settlor's Tax Objectives.
Section 19-3B-417 - Combination and Division of Trusts.
Section 19-3B-501 - Rights of Beneficiary's Creditor or Assignee.
Section 19-3B-502 - Spendthrift Provision.
Section 19-3B-503 - Exceptions to Spendthrift Provision.
Section 19-3B-504 - Discretionary Trusts; Effect of Standard.
Section 19-3B-505 - Creditor's Claim Against Settlor.
Section 19-3B-506 - Overdue Distribution.
Section 19-3B-507 - Personal Obligations of Trustee.
Section 19-3B-508 - Qualified Trusts Under the Internal Revenue Code.
Section 19-3B-601 - Capacity of Settlor of Revocable Trust.
Section 19-3B-602 - Revocation or Amendment of Revocable Trust.
Section 19-3B-603 - Settlor's Powers; Powers of Withdrawal.
Section 19-3B-701 - Accepting or Declining Trusteeship.
Section 19-3B-702 - Trustee's Bond.
Section 19-3B-703 - Co-Trustees.
Section 19-3B-704 - Vacancy in Trusteeship; Appointment of Successor.
Section 19-3B-705 - Resignation of Trustee.
Section 19-3B-706 - Removal of Trustee.
Section 19-3B-707 - Delivery of Property by Former Trustee.
Section 19-3B-708 - Compensation of Trustee.
Section 19-3B-709 - Reimbursement of Expenses.
Section 19-3B-801 - Duty to Administer Trust.
Section 19-3B-802 - Duty of Loyalty.
Section 19-3B-803 - Impartiality.
Section 19-3B-804 - Prudent Administration.
Section 19-3B-805 - Costs of Administration.
Section 19-3B-806 - Trustee's Skills.
Section 19-3B-807 - Delegation by Trustee.
Section 19-3B-808 - Powers to Direct.
Section 19-3B-809 - Control and Protection of Trust Property.
Section 19-3B-810 - Recordkeeping and Identification of Trust Property.
Section 19-3B-811 - Enforcement and Defense of Claims.
Section 19-3B-812 - Collecting Trust Property.
Section 19-3B-813 - Duty to Inform and Report.
Section 19-3B-814 - Discretionary Powers; Tax Savings.
Section 19-3B-815 - General Powers of Trustee.
Section 19-3B-816 - Specific Powers of Trustee.
Section 19-3B-817 - Distribution Upon Termination.
Section 19-3B-818 - Life Insurance Policies Held by Trustee.
Section 19-3B-901 - Prudent Investor Rule.
Section 19-3B-902 - Standard of Care; Portfolio Strategy; Risk and Return Objectives.
Section 19-3B-903 - Diversification.
Section 19-3B-904 - Duties at Inception of Trusteeship.
Section 19-3B-905 - Reviewing Compliance.
Section 19-3B-906 - Language Invoking Standard of Prudent Investor Rule.
Section 19-3B-1001 - Remedies for Breach of Trust.
Section 19-3B-1002 - Damages for Breach of Trust.
Section 19-3B-1003 - Damages in Absence of Breach.
Section 19-3B-1005 - Limitation of Action Against Trustee.
Section 19-3B-1006 - Reliance on Trust Instrument.
Section 19-3B-1007 - Event Affecting Administration or Distribution.
Section 19-3B-1008 - Exculpation of Trustee.
Section 19-3B-1009 - Beneficiary's Consent, Release, or Ratification.
Section 19-3B-1010 - Limitation on Personal Liability of Trustee.
Section 19-3B-1011 - Interest as General Partner.
Section 19-3B-1012 - Protection of Person Dealing With Trustee.
Section 19-3B-1013 - Certification of Trust.
Section 19-3B-1201 - Uniformity of Application and Construction.
Section 19-3B-1202 - Electronic Records and Signatures.
Section 19-3B-1203 - Severability Clause.
Section 19-3B-1204 - Application to Existing Relationships.
Section 19-3B-1301 - Trust Concerning Lands Required to Be in Writing.
Section 19-3B-1302 - Trust Void as to Creditors or Purchasers Without Notice.
Section 19-3B-1303 - Trust Estate Not Descendible Upon Death of Trustee.
Section 19-3B-1304 - Trusts for Employees or Self-Employed Persons.
Section 19-3B-1305 - Trusts Consisting of Insurance Policies or Proceeds.
Section 19-3B-1306 - Procedures for Release of Trustee From Duties.