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HB 101: "An Act exempting the full value of life insurance and annuity contracts from levy to satisfy unsecured debt, and amending the description of earnings, income, cash, and other assets relating to garnishment of life insurance proceeds payable upon the death of an insured."

00 HOUSE BILL NO. 101 01 "An Act exempting the full value of life insurance and annuity contracts from levy to 02 satisfy unsecured debt, and amending the description of earnings, income, cash, and 03 other assets relating to garnishment of life insurance proceeds payable upon the death of 04 an insured." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 09.38.025(a) is amended to read: 07 (a) Except as provided in this section or AS 09.38.017, an individual is 08 entitled to exemption of unmatured life insurance and annuity contracts owned by the 09 individual. [IF THE CONTRACTS HAVE ACCRUED DIVIDENDS AND LOAN 10 VALUES AVAILABLE TO THE INDIVIDUAL AGGREGATING MORE THAN 11 $10,000, A CREDITOR MAY OBTAIN A COURT ORDER REQUIRING THE 12 INDIVIDUAL DEBTOR TO PAY THE CREDITOR, AND AUTHORIZING THE 13 CREDITOR ON THE DEBTOR'S BEHALF TO OBTAIN PAYMENT OF, THE 14 AMOUNT OF THE ACCRUED DIVIDENDS AND LOAN VALUES IN EXCESS

01 OF $10,000 OR THE AMOUNT OF THE CREDITOR'S CLAIM, WHICHEVER IS 02 LESS.] 03 * Sec. 2. AS 09.38.030(e) is amended to read: 04 (e) The following property, unless exempt without limitation under 05 AS 09.38.015 or 09.38.017, upon receipt by and while it is in the possession of the 06 individual, shall be treated as earnings, income, cash, or other liquid assets under this 07 section: 08 (1) benefits paid by reason of disability, illness, or unemployment; 09 (2) money or property received for alimony or separate maintenance; 10 (3) proceeds of insurance, a judgment, or a settlement, or other rights 11 accruing as a result of bodily injury of the individual or of the wrongful death or 12 bodily injury of another individual of whom the individual was or is a dependent; 13 (4) proceeds or benefits paid [OR PAYABLE] on the death of an 14 insured, if the individual was the spouse or a dependent of the insured; and 15 (5) amounts paid under a stock bonus, pension, profit-sharing, annuity, 16 or similar plan or contract, providing benefits by reason of age, illness, disability, or 17 length of service.