House Bill 579

AN ACT TO AMEND SECTION 91-29-23, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT THE REVOCATION OF AN EX-SPOUSE AS A BENEFICIARY SHALL APPLY TO ALL DESIGNATIONS MADE BY OR ON BEHALF OF A DECEDENT ON OR AFTER JULY 1, 2020; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 91-29-23, Mississippi Code of 1972, is amended as follows:

91-29-23. Pre-decree designation of ex-spouse as beneficiary of life insurance. (a) If a decree of divorce or annulment is rendered after an insured has designated the insured's spouse as a beneficiary under a life insurance policy in force at the time of rendition, a provision in the policy in favor of the insured's former spouse is not effective unless:

(1) The decree designates the insured's former spouse as the beneficiary;

(2) The insured redesignates the former spouse as the beneficiary after rendition of the decree; or

(3) The former spouse is designated to receive the proceeds in trust for, on behalf of, or for the benefit of a child or a dependent of either former spouse.

(b) If a designation is not effective under subsection (a), the proceeds of the policy are payable to the named alternative beneficiary or, if there is not a named alternative beneficiary, to the estate of the insured.

(c) An insurer who pays the proceeds of a life insurance policy issued by the insurer to the beneficiary under a designation that is not effective under subsection (a) is liable for payment of the proceeds to the person or estate provided by subsection (b) only if:

(1) Before payment of the proceeds to the designated beneficiary, the insurer receives written notice at the home office of the insurer from an interested person that the designation is not effective under subsection (a); and

(2) The insurer has not interpleaded the proceeds into the registry of a court of competent jurisdiction in accordance with the Mississippi Rules of Civil Procedure.

(d) This section shall apply to all designations made by or on behalf of a decedent who died on or after July 1, 2020.

SECTION 2. This act shall take effect and be in force from and after its passage.