33-24-6.1
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33-24-6.1.
Notwithstanding
the provisions of subsection (d) 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 (d) or (e) 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.