§2431. Exemption of proceeds, individual annuity contracts; assignability of rights
The benefits, rights, privileges and options which under any individual annuity contract heretofore or hereafter issued
are due or prospectively due the annuitant, shall not be subject to execution nor shall the annuitant be compelled to exercise
any such rights, powers, or options, nor shall creditors be allowed to interfere with or terminate the contract, except:
A. As to amounts paid for or as premium on any such annuity with intent to defraud creditors, with interest thereon, and of
which the creditor has given the insurer written notice received at its home office prior to the making of the payment to
the annuitant out of which the creditor seeks to recover. Any such notice shall specify the amount claimed or such facts as
will enable the insurer to ascertain such amount, and shall set forth such facts as will enable the insurer to ascertain the
annuity contract, the annuitant and the payment sought to be avoided on the ground of fraud. [1969, c. 132, §1 (NEW).]
B. The total exemption of benefits presently due and payable to any annuitant periodically or at stated times under all annuity
contracts under which he is an annuitant, shall not at any time exceed $450 per month for the length of time represented by
such installments, and that such periodic payments in excess of $450 per month shall be subject to garnishee execution to
the same extent as are wages and salaries. [1969, c. 132, §1 (NEW).]
C. If the total benefits presently due and payable to any annuitant under all annuity contracts under which he is an annuitant,
shall at any time exceed payment at the rate of $450 per month, then the court may order such annuitant to pay to a judgment
creditor or apply on the judgment, in installments, such portion of such excess benefits as to the court may appear just and
proper, after due regard for the reasonable requirements of the judgment debtor and his family, if dependent upon him, as
well as any payments required to be made by the annuitant to other creditors under prior court orders. [1969, c. 132, §1 (NEW).]
1969, c. 132, §1 (NEW)
If the contract so provides, the benefits, rights, privileges or options accruing under such contract to a beneficiary or
assignee shall not be transferable nor subject to commutation, and if the benefits are payable periodically or at stated times,
the same exemptions and exceptions contained herein for the annuitant, shall apply with respect to such beneficiary or assignee.
1969, c. 132, §1 (NEW)
1969, c. 132, §1 (NEW).
Data for this page extracted on 10/16/2012 08:29:52.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.