Common use of Proof of Death Clause in Contracts

Proof of Death. Any Beneficiary claiming an interest in the Contract must provide us in writing with due proof of the Annuitant's death and the death of the Joint Annuitant (if any), at the Annuity Service Center, unless we have already received such proof. We will not be responsible for any annuity income paid to the Annuitant or the Joint Annuitant (if any), before we receive due proof of death at the Annuity Service Center. Before making any payment that depends on a person being alive, we may require proof that the person is alive. To the extent allowed by law, annuity income is not subject to the claims of creditors or to legal process. The Contract is nonparticipating. This means that there are no dividends. The Contract is established for the exclusive benefit of the Owner(s) and his or her (or their) beneficiaries. The interest of the Owner(s) in this Contract is nontransferable and, except as provided by law, is nonforfeitable. In particular, this Contract may not be sold, assigned, discounted, or pledged as collateral for a loan or as security for the performance of an obligation or for any other purpose to any person other than to us (other than a transfer incident to a divorce or separation agreement). Any attempt to use the Contract in a manner inconsistent with the previous sentence will be void. The method of determination by the Company of the number and value of Annuity Income Units and other values is binding upon you, the Joint Annuitant (if any) and each Beneficiary.

Appears in 2 contracts

Sources: Annuity Contract (Fidelity Investments Variable Annuity Account I), Single Premium Immediate Annuity Contract (Empire Fidelity Investments Variable Annuity Account A)

Proof of Death. Any Beneficiary claiming an interest in the Contract must provide us in writing with due proof of the Annuitant's death and the death of the Joint Annuitant (if any), at the Annuity Service Center, unless we have already received such proof. We will not be responsible for any annuity income paid to the Annuitant or the Joint Annuitant (if any), before we receive due proof of death at the Annuity Service Center. Before making any payment that depends on a person being alive, we may require proof that the person is alive. To the extent allowed by law, annuity income is not subject to the claims of creditors or to legal process. The Contract is nonparticipating. This means that there are no dividends. The Contract is established for the exclusive benefit of the Owner(s) and his or her (or their) beneficiaries. The interest of the Owner(s) in this Contract is nontransferable and, except as provided by law, is nonforfeitable. In particular, this Contract may not be sold, assigned, discounted, or pledged as collateral for a loan or as security for the performance of an obligation or for any other purpose to any person other than to us (other than a transfer incident to a divorce or separation agreement). Any attempt to use the Contract in a manner inconsistent with the previous sentence will be void. The method of determination by the Company of the number and value of Annuity Income Units and other values is binding upon you, the Joint Annuitant (if any) and each Beneficiary.FFLI-NQ-2005

Appears in 1 contract

Sources: Income Annuity Contract (Fidelity Investments Variable Annuity Account I)