Title 33, Chapter 24, Section 6.1
( 33-24-6.1)
Notwithstanding the provisions of subsection (c) 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 (c) or (c.1) 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. |