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S1032................................................by JUDICIARY AND RULES ANNUITY CONTRACTS - Amends existing law to increase the maximum total exemption of benefits due and payable under annuity contracts. 01/25 Senate intro - 1st rdg - to printing 01/26 Rpt prt - to Jud 02/05 Rpt out - rec d/p - to 2nd rdg 02/06 2nd rdg - to 3rd rdg 02/07 3rd rdg - PASSED - 30-0-4(1 vacant) AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson, Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Ingram, Keough, King-Barrutia, Lodge, Noh, Richardson, Risch, Schroeder, Sorensen, Stegner, Stennett, Wheeler, Whitworth, Williams, NAYS -- None Absent and excused -- Ipsen, Lee, Sandy, Thorne Floor Sponsor -- King-Barrutia Title apvd - to House 02/08 House intro - 1st rdg - to Jud 03/20 Rpt out - rec d/p - to 2nd rdg 03/21 2nd rdg - to 3rd rdg 03/26 3rd rdg - PASSED - 66-0-4 AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Boe, Bolz, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Hansen, Harwood, Henbest(Farley), Higgins, Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Tilman, Trail, Wood, Young, Mr. Speaker NAYS -- None Absent and excused -- Black, Bradford, Pischner, Wheeler Floor Sponsor -- Ellsworth Title apvd - to Senate 03/28 To enrol Rpt enrol - Pres signed 03/29 Sp signed - to Governor 04/02 Governor signed Session Law Chapter 285 Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE SENATE SENATE BILL NO. 1032 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO ANNUITY CONTRACTS; AMENDING SECTION 41-1836, IDAHO CODE, TO 3 INCREASE THE MAXIMUM TOTAL EXEMPTION OF BENEFITS DUE AND PAYABLE UNDER 4 ANNUITY CONTRACTS AND TO MAKE TECHNICAL CORRECTIONS. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 41-1836, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 41-1836. EXEMPTION OF PROCEEDS -- ANNUITY CONTRACTS -- ASSIGNABILITY OF 9 RIGHTS. (1) The benefits, rights, privileges and options which under any annu- 10 ity contract heretofore or hereafter issued are due or prospectively due the 11 annuitant, shall not be subject to execution nor shall the annuitant be com- 12 pelled to exercise any such rights, powers, or options, nor shall creditors be 13 allowed to interfere with or terminate the contract, except: 14 (a) As to amounts paid for or as premium on any such annuity with intent 15 to defraud creditors, with interest thereon, and of which the creditor has 16 given the insurer written notice at its home office prior to the making of 17 the payments to the annuitant out of which the creditor seeks to recover. 18 Any such notice shall specify the amount claimed or such facts as will 19 enable the insurer to ascertain such amount, and shall set forth such 20 facts as will enable the insurer to ascertain the annuity contract, the 21 annuitant and the payments sought to be avoided on the ground of fraud. 22 (b) The total exemption of benefits presently due and payable to any 23 annuitant periodically or at stated times under all annuity contracts 24 under which he is an annuitant, shall not at any time exceedthreeone 25 thousand two hundred and fifty dollars ($351,250) per month for the length 26 of time represented by suchinstalmentsinstallments, and that such peri- 27 odic payments in excess ofthreeone thousand two hundred and fifty dol- 28 lars ($351,250) per month shall be subject to garnishee execution to the 29 same extent as are wages and salaries. 30 (c) If the total benefits presently due and payable to any annuitant 31 under all annuity contracts under which he is an annuitant, shall at any 32 time exceed payment at the rate ofthreeone thousand two hundred and 33 fifty dollars ($351,250) per month, then the court may order such annu- 34 itant to pay to a judgment creditor or apply on the judgment, ininstal-35mentsinstallments, such portion of such excess benefits as to the court 36 may appear just and proper, after due regard for the reasonable require- 37 ments of the judgment debtor and his family, if dependent upon him, as 38 well as any payments required to be made by the annuitant to other credi- 39 tors under prior court orders. 40 (2) If the contract so provides, the benefits, rights, privileges or 41 options accruing under such contract to a beneficiary or assignee shall not be 42 transferable nor subject to commutation, and if the benefits are payable peri- 43 odically or at stated times, the same exemptions and exceptions contained 2 1 herein for the annuitant, shall apply with respect to such beneficiary or 2 assignee. 3 (3) An annuity contract within the meaning of this section shall be any 4 obligation to pay certain sums at stated times, during life or lives, or for a 5 specified term or terms, issued for a valuable consideration, regardless of 6 whether or not such sums are payable to one (1) or more persons, jointly or 7 otherwise, but does not include payments under life insurance contracts at 8 stated time during life or lives, or for a specified term or terms.
STATEMENT OF PURPOSE RS 10715 The original limit on exemption of benefits of $350.00 was set in 1961. It has never been indexed or changed since. The bill brings the exemption figure to a more realistic amount, in line with the original purpose of the statute. Courts were routinely overriding the $350 limit under (1)(c) of the statute because the limit was too low. FISCAL NOTE This bill should have no effect on revenues or expenditures. CONTACT: Robert L. Aldridge 1209 North Eighth Street Boise, Idaho 83702-4297 Telephone: office: (208) 336-9880 STATEMENT OF PURPOSE/FISCAL NOTE S1032