2010 Georgia Code
TITLE 33 - INSURANCE
CHAPTER 24 - INSURANCE GENERALLY
ARTICLE 1 - GENERAL PROVISIONS
§ 33-24-6.1 - Prerequisites for replacement life insurance exceeding insurance being surrendered
O.C.G.A.
33-24-6.1 (2010)
33-24-6.1. Prerequisites for replacement life insurance exceeding insurance being surrendered
Notwithstanding the provisions of subsection (d) of Code Section
33-24-3, subsection (d) of Code Section
33-24-6, or paragraph (11) of Code Section
33-27-3 which relate to the replacement of existing life insurance, any new life insurance may exceed the insurance being surrendered:
(1) When an entity has a proper interest pursuant to subsection (d) or (e) of Code Section
33-24-3 and the authority to effectuate life insurance pursuant to the provisions of paragraph (4), (5), or (6) of subsection (a) of Code Section
33-24-6; and
(2)(A) To the extent application of the cash surrender value from the old insurance as a premium under the new life insurance contract requires a larger amount of insurance to qualify as life insurance or to be not treated as a modified endowment contract for federal income tax purposes;
(B) To otherwise comply with applicable federal law; or
(C) When, upon cessation of premium payments, a former employee or trustee elects under the policy to use the cash value available under the policy to restructure the term, face amount, or investment options under the policy, even though such restructuring may result in an increase in the amount of the insurance.
Graham Syfert - Jacksonville Lawyer