(a) The benefits, rights, privileges, and options which under any annuity contract, heretofore or hereafter issued, are due or prospectively due the annuitant shall not be subject to execution, nor shall the annuitant be compelled to exercise any such rights, powers, or options, nor shall creditors be allowed to interfere with or terminate the contract, except:
(1) As to amounts paid for or as premium on any such annuity with intent to defraud creditors, with interest thereon, and of which the creditor has given the insurer written notice at its home office prior to the making of the payments to the annuitant out of which the creditor seeks to recover. Any such notice shall specify the amount claimed, or such facts as will enable the insurer to ascertain such amount, and shall set forth such facts as will enable the insurer to ascertain the insurance or annuity contract, the person insured or annuitant and the payments sought to be avoided on the ground of fraud;
(2) The total exemption of benefits presently due and payable to any annuitant periodically or at stated times under all annuity contracts under which he is an annuitant shall not at any time exceed $250.00 per month for the length of time represented by such installments, and such periodic payments in excess of $250.00 per month shall be subject to garnishment;
(3) If the total benefits presently due and payable to any annuitant under all annuity contracts under which he is an annuitant shall at any time exceed payment at the rate of $250.00 per month, then the court may order such annuitant to pay to a judgment creditor or apply on the judgment, in installments, such portion of such excess benefits as to the court may appear just and proper, after due regard for the reasonable requirements of the judgment debtor and his family, if dependent upon him, as well as any payments required to be made by the annuitant to other creditors under prior court orders.
(b) If the contract so provides, the benefits, rights, privileges, or options accruing under such contract to a beneficiary or assignee shall not be transferable nor subject to commutation, and if the benefits are payable periodically or at stated times, the same exemptions and exceptions contained in this section for the annuitant shall apply with respect to such beneficiary or assignee.
Structure Code of Alabama
Chapter 14 - The Insurance Contract.
Section 27-14-1 - Definitions.
Section 27-14-2 - Applicability of Chapter.
Section 27-14-3 - Insurable Interest - Personal Insurance; Preneed Contracts.
Section 27-14-4 - Insurable Interest - Property Insurance.
Section 27-14-5 - Power to Contract; Purchase of Insurance by or for Minors.
Section 27-14-7 - Application for Policy - Representations and Misrepresentations, Etc.
Section 27-14-8 - Forms - Filing and Approval or Disapproval.
Section 27-14-9 - Forms - Grounds for Disapproval or Withdrawal of Previous Approval.
Section 27-14-10 - Standard or Uniform Provisions; Waiver or Substitution Thereof.
Section 27-14-11 - Contents of Policies - Generally.
Section 27-14-12 - Contents of Policies - Additional Provisions.
Section 27-14-13 - Charter, Bylaws, etc., of Insurer as Part of Contract.
Section 27-14-14 - Execution of Policies.
Section 27-14-15 - Underwriters' and Combination Policies.
Section 27-14-16 - Noncomplying Policies, Riders, and Endorsements.
Section 27-14-17 - Construction of Policies.
Section 27-14-19 - Delivery of Policies.
Section 27-14-19.1 - Electronic Delivery of Property or Casualty Insurance Policy.
Section 27-14-20 - Renewal or Extension of Policies.
Section 27-14-21 - Assignment of Policies.
Section 27-14-22 - Situs of Contracts.
Section 27-14-23 - Effect of War on Contracts of Foreign Insurer.
Section 27-14-24 - Effect of Payments.
Section 27-14-25 - Receipt and Giving of Acquittance and Discharge for Payment by Minors.
Section 27-14-26 - Forms for Proof of Loss.
Section 27-14-27 - Acts Not Deemed Waiver of Provisions or Defenses.
Section 27-14-28 - Effect of Misrepresentations in Proof of Loss.
Section 27-14-30 - Right to Proceeds When Same Retained by Life Insurer.
Section 27-14-31 - Exemption From Debt of Proceeds - Disability.
Section 27-14-32 - Exemption From Debt of Proceeds - Annuity Contracts.