Code of Alabama

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27-38-6
Section 27-38-6 Applicability of title. Except for Sections 27-15-16, 27-15-17, 27-15-22, 27-15-23,
and 27-15-28.1 of this title, in the case of a variable annuity contract, and Sections 27-15-2,
27-15-3, 27-15-8.1, 27-15-9, 27-15-10, 27-15-11, and 27-15-28 of this title, in the case of
a variable life insurance policy, and except as otherwise provided in this chapter, all pertinent
provisions of this title shall apply to separate accounts and contracts relating thereto.
Any individual variable life insurance contract, delivered or issued for delivery in this
state shall contain grace, reinstatement and nonforfeiture provisions appropriate to such
a contract. (Acts 1969, No. 565, p. 1045, §2; Acts 1971, No. 407, p. 707, §759; Acts 1985,
2nd Ex. Sess., No. 85-993, p. 357, §3.)...
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16-33C-10
Section 16-33C-10 ACES Program generally. (a) The ACES Program is established as one college
savings alternative under the plan whereby contributors open ACES savings accounts according
to savings agreements for the payment of qualified higher education costs for a designated
beneficiary at eligible educational institutions, terms as defined in Section 529 of the Internal
Revenue Code of 1986, as amended, or other applicable federal law. The ACES Program includes
the ACES Trust Fund, the ACES Administrative Fund, and the ACES Opportunity Enhancement Fund
created pursuant to this chapter. The ACES Program may be marketed under a different name
than ACES. (b) The ACES Trust Fund is hereby created and shall be comprised of separate ACES
savings accounts held in segregated accounts as established by savings agreements. Funds contributed
to the ACES savings accounts established pursuant to the ACES Program are held in trust by
the Savings Board for the sole benefit of the contributor and...
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27-3-15
Section 27-3-15 Deposit requirements - Alien insurers - Trusteed assets. (a) In order to comply
with the requirements of Section 27-3-14, an alien insurer shall appoint citizens of the United
States of America or public depositaries or trust institutions located in the United States,
all as approved by the commissioner, as trustee, or trustees, to hold its funds and assets
in trust for the benefit of its policyholders or policyholders and creditors in the United
States. Any such trustee, or trustees, shall be named by the board of directors or comparable
directive body of the insurer, and a certified copy of the record of the appointment and of
the deed of trust shall be filed with the commissioner. (b) Funds and assets so held, to the
extent that they consist of cash, securities and other assets of the same general character
as are eligible for the investment of like funds of a domestic insurer, under Sections 27-1-8
and 27-1-9, shall constitute the assets of the insurer for the...
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38-9B-3
Section 38-9B-3 Contributors allowed to supplement care of impaired persons; assets of trustees.
THIS SECTION WAS AMENDED BY ACT 2018-36 IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 31,
2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) Contributors may supplement the care,
support, habilitation, and treatment of impaired persons pursuant to this chapter. Neither
the contribution to the AFT Trust for the benefit of a life beneficiary nor the use of AFT
Trust assets to provide benefits shall in any way reduce, impair, or diminish the benefits
to which a person is otherwise entitled by law. The establishment and administration of the
AFT Trust shall not be taken into consideration in appropriations for the department or the
Alabama Medicaid Agency to render services required by law. (b) The assets held by the trustee
and assets held in the AFT Trust and the AFT Charitable Trust pursuant to this chapter shall
not be considered state money, assets of the state, or revenue for any...
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19-3A-409
Section 19-3A-409 Deferred compensation, annuities, and similar payments. (a) In this section:
(1) "Payment" means a payment that a fiduciary may receive over a fixed number of
years or during the life of one or more individuals because of services rendered or property
transferred to the payer in exchange for future payments. The term includes a payment made
in money or property from the payer's general assets or from a separate fund created by the
payer. For purposes of subsections (d), (e), (f), and (g), the term also includes any payment
from any separate fund, regardless of the reason for the payment. (2) "Separate fund"
includes a private or commercial annuity, an individual retirement account, and a pension,
profit-sharing, stock-bonus, or stock-ownership plan. (b) To the extent that a payment or
portion thereof is characterized by other sections of this chapter as income in the hands
of the payer, a fiduciary shall allocate such payment or portion thereof to income. The...

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27-27-35
Section 27-27-35 Nonassessable policies in mutual insurers - Revocation of domestic insurers
authority to issue. The commissioner shall revoke the authority of a domestic mutual insurer
to issue policies without contingent liability if at any time the insurer's assets are less
than the sum of its liabilities and the surplus required for such authority or if the insurer,
by resolution of its board of directors approved by a majority of its members, requests that
the authority be revoked. During the absence of such authority, the insurer shall not issue
any policy without providing therein for the contingent liability of the policyholder nor
renew any policy which is renewable at the option of the insurer without endorsing the same
to provide for such contingent liability. (Acts 1971, No. 407, p. 707, §531.)...
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27-3-14
Section 27-3-14 Deposit requirements - Alien insurers - Generally. (a) An alien insurer shall
not have authority to transact insurance in this state unless it has and maintains within
the United States as deposits with trustees, public depositaries or in trust institutions
approved by the commissioner under Section 27-3-15 assets available for discharge of its United
States insurance obligations, which assets shall be in amount not less than the outstanding
liabilities of the insurer arising out of its insurance transactions in the United States
together with the greater of the following sums: (1) The largest deposit required by Section
27-3-11 to be made by foreign insurers transacting like kinds of insurance; or (2) $300,000.00.
(b) Of the amount deposited by an alien insurer, an amount not less than that required under
subdivisions (a)(1) or (a)(2) of this section shall be deposited and maintained on deposit
in cash or securities eligible for deposit under Section 27-6-3 with the...
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27-6-8
Section 27-6-8 Securities and assets - Authority to sell; exception. The commissioner shall
exercise the power granted by the power of attorney provided for in Section 27-6-7 or otherwise
sell any security or asset under any assignment, transfer or conveyance pursuant to Section
27-6-6, only pursuant to, and in accordance with, an order of a court of competent jurisdiction
in a proper proceeding or action to which the insurer owning such securities or assets is
a party. This section shall not apply as to the special deposits of surety insurers which
are subject to Section 27-6-13. (Acts 1953, No. 727, p. 981, §2; Acts 1971, No. 407, p. 707,
§104.)...
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27-2-16
Section 27-2-16 Publication of materials relating to insurance. (a) The commissioner shall
have printed or otherwise published for public distribution all of the following: (1) The
insurance laws of this state. (2) The rules and regulations of the commissioner. (3) A directory,
annually, of all insurers and of all resident insurance producers authorized or licensed by
this state. (4) Any other material the commissioner deems relevant and suitable for the more
effective administration of the laws relating to insurance. (b) The commissioner shall fix
at a price at not less than cost of printing and distribution, to be paid by persons requesting
copies of the insurance laws, regulations, and other publications the commissioner deems proper
to sell on behalf of the state rather than distribute free of charge; except that the commissioner
may furnish, without charge, copies of any such publication to the Legislature or to officials
and departments of government or political subdivisions of...
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27-27-41
Section 27-27-41 Deficiencies in stock insurer's capital or assets of mutual insurers - Generally.
(a) If a stock insurer's capital, as represented by the aggregated par value of its outstanding
capital stock, becomes impaired or the assets of a mutual insurer are less than its liabilities
and the minimum amount of surplus required to be maintained by it under Sections 27-27-15
or 27-27-20 for authority to transact the kinds of insurance being transacted, the commissioner
shall, at once, determine the amount of deficiency and serve notice upon the insurer to make
good the deficiency within 60 days after service of such notice. (b) The deficiency may be
made good in cash or in assets eligible for the investment of the insurer's funds, or, if
a stock insurer, by reduction of the insurer's capital to an amount not below the minimum
required for the kinds of insurance thereafter to be transacted or, if a mutual insurer, by
amendment of its certificate of authority to cover only such kind...
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