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2018 Georgia Code 33-15-62 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 33-15-62 Case Law from Google Scholar Amendments to OCGA 33-15-62

TITLE 33 INSURANCE

Section 15. Fraternal Benefit Societies, 33-15-1 through 33-15-123.

ARTICLE 4 BENEFIT CONTRACTS

33-15-62. Exemption of benefits from process.

No money or other benefit, charity, relief, or aid to be paid, provided, or rendered by any society shall be liable to attachment, garnishment, or other process or to be seized, taken, appropriated, or applied by any legal or equitable process or operation of law to pay any debt or liability of a member or beneficiary, or any other person who may have a right thereunder, either before or after payment by the society.

(Code 1981, §33-15-62, enacted by Ga. L. 1993, p. 1744, § 1.)

Cross references.

- Attachment, T. 18, C. 3.

Garnishment, T. 18, C. 4.

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the provisions, decisions under former Code 1933, § 46-213, are included in the annotations for this Code section.

Section deals with different property than exempted by Constitution.

- The Legislature, in enacting this section, was dealing with a different species of property from that dealt with in Ga. Const. 1976, Art. I, Sec. I, Para. XXIII (see, now, Ga. Const. 1983, Art. I, Sec. I, Para. XXVI). Southall v. Blount, 182 Ga. 368, 185 S.E. 321 (1936).

Section does not violate constitutional limit on value.

- This section, relating to exemption of benefits to be paid by fraternal benefit societies, is not violative of Ga. Const. 1976, Art. I, Sec. I, Para. XXIII (see, now, Ga. Const. 1983, Art. I, Sec. I, Para. XXVI), providing for exemption from levy and sale of the property of certain specified persons, realty or personalty, or both, to the value in the aggregate of $1,600.00, such constitutional provision not being a limitation upon legislative power as to a species of property not therein dealt with and not being applicable to cases of exemption of "money or other benefit" payable by a fraternal benefit society. Southall v. Blount, 182 Ga. 368, 185 S.E. 321 (1936).

Application in bankruptcy.

- Debtor's exemption in the cash surrender value of a life insurance policy received from a fraternal benefit society was limited to the amount in O.C.G.A. §§ 33-15-62 and44-13-100(a)(9), did not apply. O.C.G.A.44-13-100(a)(9) does not distinguish between policies provided by a fraternal benefit society and those that were not. Walton v. Gay (In re Gay), Bankr. (Bankr. S.D. Ga. Aug. 9, 2012).

RESEARCH REFERENCES

Am. Jur. 2d.

- 36 Am. Jur. 2d, Fraternal Orders and Benefit Societies, § 64.

C.J.S.

- 10 C.J.S., Beneficial Associations, § 15.

ALR.

- Constitutionality of statute exempting proceeds of life or benefit insurance, 1 A.L.R. 757.

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