Okla. Stat. tit. 36, § 36-3631.1
This is the official text of Okla. Stat. tit. 36, § 36-3631.1, part of Oklahoma’s Stat. tit. 36, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 36,." Browse the sections below, each linked to its official government source.
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Certain money and benefits exempt from legal process or
Official statutory text
seizure - Exceptions.
A. All money or benefits of any kind, including policy proceeds
and cash values, to be paid or rendered to the insured or any
beneficiary under any policy of insurance issued by a life, health
or accident insurance company, under any policy issued by a mutual
benefit association, or under any plan or program of annuities and
benefits, shall:
1. Inure exclusively to the benefit of the person for whose use
and benefit the money or benefits are designated in the policy, plan
or program;
2. Be fully exempt from execution, attachment, garnishment or
other process;
3. Be fully exempt from being seized, taken or appropriated or
applied by any legal or equitable process or operation of law to pay
any debt or liability of the insured or of any beneficiary, either
before or after said money or benefits is or are paid or rendered;
and
4. Be fully exempt from all demands in any bankruptcy
proceeding of the insured or beneficiary.
B. The exemptions provided by subsection A of this section
shall apply without regard to whether:
1. The power to change the beneficiary is reserved to the
insured; or
2. The insured or the insured's estate is a contingent
beneficiary.
C. The exemptions provided by subsection A of this section do
not apply to:
1. Premium payments made in fraud of creditors subject to the
applicable statute of limitations for the recovery of the premium
payments;
2. Fines imposed for violation of state or federal statutes; or
3. A debt of the insured or beneficiary secured by a pledge of
the policy or its proceeds.
Oklahoma Statutes - Title 36. Insurance Page 800
D. This section shall not prevent the proper assignment of any
money or benefits to be paid or rendered under an insurance policy,
or any rights under the policy, by the insured or owner in
accordance with the terms of the policy. A policy shall also be
deemed to be payable to a person other than the insured if and to
the extent that a facility-of-payment clause or similar clause in
the policy permits the insurer to discharge its obligation after the
death of the individual insured by paying the death benefits to a
person as permitted by such clause.
E. Wherever any policy of insurance or plan or program of
annuities and benefits mentioned in subsection A of this section
shall contain a provision against assignment or commutation by any
beneficiary thereunder of the money or benefits to be paid or
rendered thereunder, or any rights therein, any assignment or
commutation or any attempted assignment or commutation by such
beneficiary of such money or benefits or rights in violation of such
provision shall be wholly void.
F. This section shall apply to money or benefits to be paid or
rendered to an insured or a beneficiary under any policy, plan or
program provided for in subsection A of this section without regard
to whether the policy was issued or the plan or program was
established before, on, or after September 1, 1992.
A. All money or benefits of any kind, including policy proceeds
and cash values, to be paid or rendered to the insured or any
beneficiary under any policy of insurance issued by a life, health
or accident insurance company, under any policy issued by a mutual
benefit association, or under any plan or program of annuities and
benefits, shall:
1. Inure exclusively to the benefit of the person for whose use
and benefit the money or benefits are designated in the policy, plan
or program;
2. Be fully exempt from execution, attachment, garnishment or
other process;
3. Be fully exempt from being seized, taken or appropriated or
applied by any legal or equitable process or operation of law to pay
any debt or liability of the insured or of any beneficiary, either
before or after said money or benefits is or are paid or rendered;
and
4. Be fully exempt from all demands in any bankruptcy
proceeding of the insured or beneficiary.
B. The exemptions provided by subsection A of this section
shall apply without regard to whether:
1. The power to change the beneficiary is reserved to the
insured; or
2. The insured or the insured's estate is a contingent
beneficiary.
C. The exemptions provided by subsection A of this section do
not apply to:
1. Premium payments made in fraud of creditors subject to the
applicable statute of limitations for the recovery of the premium
payments;
2. Fines imposed for violation of state or federal statutes; or
3. A debt of the insured or beneficiary secured by a pledge of
the policy or its proceeds.
Oklahoma Statutes - Title 36. Insurance Page 800
D. This section shall not prevent the proper assignment of any
money or benefits to be paid or rendered under an insurance policy,
or any rights under the policy, by the insured or owner in
accordance with the terms of the policy. A policy shall also be
deemed to be payable to a person other than the insured if and to
the extent that a facility-of-payment clause or similar clause in
the policy permits the insurer to discharge its obligation after the
death of the individual insured by paying the death benefits to a
person as permitted by such clause.
E. Wherever any policy of insurance or plan or program of
annuities and benefits mentioned in subsection A of this section
shall contain a provision against assignment or commutation by any
beneficiary thereunder of the money or benefits to be paid or
rendered thereunder, or any rights therein, any assignment or
commutation or any attempted assignment or commutation by such
beneficiary of such money or benefits or rights in violation of such
provision shall be wholly void.
F. This section shall apply to money or benefits to be paid or
rendered to an insured or a beneficiary under any policy, plan or
program provided for in subsection A of this section without regard
to whether the policy was issued or the plan or program was
established before, on, or after September 1, 1992.
Status: reserved · Read it on the official government site
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