H*3432(Rat #0357, Act #0342 of 1988)  General Bill, By J.D. Bradley, Boan and 
J.W. McLeod

Similar(S 977, S 1098)
 A Bill to amend Section 38-69-120, Code of Laws of South Carolina, 1976,
 relating to the incontestability of annuity contracts and the exceptions
 thereto, so as to provide for the required contents of certain annuities and
 endowment contracts; to amend Article 1, Chapter 69, Title 38, relating to
 annuities by adding Section 38-69-30 so as to provide that when the proceeds
 of an annuity becoming a claim by the death of the insured are left with an
 insurance company under a trust or other agreement, the benefits accruing
 thereunder after the death of the insured are not transferrable nor subject to
 computation or incumbrance nor to legal process, except in an action to
 recover for necessaries if the parties to the trust or other agreement so
 agree, and to repeal Section 38-69-130 relating to limitations on proceedings
 to contest certain annuity contracts.

   12/21/87  House  Prefiled
   12/21/87  House  Referred to Committee on Labor, Commerce and Industry
   01/12/88  House  Introduced and read first time HJ-286
   01/12/88  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-286
   01/27/88  House  Committee report: Favorable with amendment Labor,
                     Commerce and Industry HJ-676
   02/04/88  House  Amended HJ-969
   02/04/88  House  Read second time HJ-970
   02/04/88  House  Unanimous consent for third reading on next
                     legislative day HJ-970
   02/05/88  House  Read third time and sent to Senate HJ-979
   02/09/88  Senate Introduced, read first time, placed on calendar
                     without reference SJ-14
   02/11/88  Senate Read second time SJ-35
   02/12/88  Senate Read third time and enrolled SJ-1
   02/18/88         Ratified R 357
   02/24/88         Signed By Governor
   02/24/88         Effective date 01/01/89
   02/24/88         Act No. 342
   03/08/88         Copies available

AN ACT TO AMEND SECTION 38-69-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INCONTESTABILITY OF ANNUITY CONTRACTS AND THE EXCEPTIONS THERETO, SO AS TO PROVIDE FOR THE REQUIRED CONTENTS OF CERTAIN ANNUITIES AND ENDOUMENT CONTRACTS; TO AMEND ARTICLE 1, CHAPTER 69, TITLE 38, RELATING TO ANNUITIES BY ADDINC SECTION 38-69-30 SO AS TO PROVIDE THAT WHEN THE PROCEEDS OF AN ANNUITY BECOMINC A CLAIM BY THE DEATH OF THE INSURED ARE LEFT WITH AN INSURANCE COMPANY UNDER A TRUST OR OTHER AGREEMENT, THE BENEFITS ACCRUINC THEREUNDER AFTER THE DEATH OF THE INSURED ARE NOT TRANSFERABLE NOR SUBJECT TO COMPUTATION OR INCUMBRANCE NOR TO LEGAL PROCESS, EXCEPT IN AN ACTION TO RECOVER FOR NECESSARIES IF THE PARTIES TO THE TRUST OR OTHER AGREEMENT SO AGREE, AND TO REPEAL SECTION 38-69-130 RELATING TO LIMITATIONS ON PROCEEDINGS TO CONTEST CERTAIN ANNUITY CONTRACTS.

Be it enacted by the General Assembly of the State of South Carolina:

Contents of annuity and endowment contracts

SECTION 1. Section 38-69-120 of the 1976 Code is amended to read:

"Section 38-69-120. All fixed dollar annuities, variable annuities, pure endowment contracts, or reversionary annuities other than group annuities delivered or issued for delivery in this State must contain in substance the following:

(1) a brief and correct description of its benefits on the lower portion of its first page and an identifying form number on the lower left-hand corner of its face;

(2) a provision stating clearly, understandably, and conspicuously on the first page that the contract holder is permitted to return the contract within ten days of its delivery to the contract holder. If replacement of an annuity contract is involved, the contract holder is permitted to return the contract within twenty days of its delivery to the contract holder. If the contract was solicited by a direct response insurer rather than through a licensed insurance agent, the provision must state that the contract holder is permitted to return the contract within thirty-one days. The entire premium paid by the contract holder must be returned immediately to the contract holder;

(3) a provision stating who is authorized by the insurer to waive, alter, or change any of the terms or conditions of the contract. It may state also that no aBent has the power or authority to waive, change, or alter any of the terms or conditions of the policy;

(4) a provision that the contract and any rider or supplemental benefits attached to the contract are incontestable as to the truth of the application for insurance and to the representations of the insured individual after they have been in force for two years from their date of issue. Any rider or supplemental benefits attached subsequently to the contract are incontestable as to the truth of the application for the rider or supplemental benefits and to the representations of the insured individual after they have been in force for two years from their date of issue. If an insurer institutes proceedings to vacate a contract on the ground of the falsity of the representations contained in the application for the contract, the proceedings must commence within the tlme permitted in this subsection;

(5) a provision that if it is found that the age or sex of the insured, or of any individual considered in determining the premium, has been misstated, any amount payable or benefit accruing under the contract is that as the premium would have purchased according to the correct age or sex;

(6) a provision stating how the beneficiary is designated and how the beneficiary may be changed;

(7) there must be a provision stating the amount of premium and the time and manner payable;

(8) a provision that the insured is entitled to a grace period of not less than thirty-one days within which the payment of any premium after the first may be made. During the grace period, the contract continues in full force. If a claim arises under the contract during the grace period, the amount of any premium due or overdue may be deducted from any amount payable under the contract in settlement;

(9) a provision that the contract may be reinstated upon written application at any time within three years from the date of default in making stipulated payments to the insurer, unless the cash surrender value has been paid. However, all overdue stipulated payments and indebtedness to the insurer on the contract must be paid or reinstated with interest thereon at a rate to be specified in the contract, but not exceeding eight percent a year compounded annually and, when applicable, the insurer may include also a requirement of evidence of insurability satisfactory to the insurer;

(10) a provision if the annuity contract is participating, that beginning not later than the end of the third contract year, the insurer shall ascertain annually and apportion any divisible surplus accruing on the contract;

(11) a provision that is in accordance with Article 5, Chapter 69, Title 38, Standard Nonforfeiture Law for Individual Deferred Annuities.

The commissioner may approve contracts with provisions which vary from the provisions required in this section if the provisions are more favorable to the insured. Any of the provisions not applicable to single premium annuities, flexible premium annuities, or single premium pure endowment contracts need not be incorporated to that extent in the contract. This section does not apply to contracts for annuities included in or upon the lives of beneficiaries under life insurance contracts."

Proceeds of annuity under trust not subJect to legal process

SECTION 2. Article 1, Chapter 69, Title 38 of the 1976 Code is amended by addin&:

"Section 38-69-30. When the proceeds of an annuity becoming a claim by the death of the insured are left with an insurance company under a trust or other agreement, the benefits accruing under the agreement after the death of the insured are not transferable nor subject to computation or incumbrance nor to legal process, except in an action to recover for necessaries if the parties to the trust or other agreement so agree.

Section repealed

SECTION 3. Section 38-69-130 of the 1976 Code is repealed.

Time effective

SECTION 4. This act takes effect on January 1, 1989.