N.Y. Estates, Powers & Trusts Law § 13-3.3: Designation of trustee to receive proceeds of thrift, savings,

§ 13-3.3 Designation of trustee to receive proceeds of thrift, savings,

pension, retirement, death benefit, stock bonus and

profit-sharing plans, systems or trusts, of life, group life,

industrial life or accident and health insurance policies and

of annuity, endowment and supplemental insurance contracts,

and taxation thereof

(a) The proceeds of thrift, savings, pension, retirement, death

benefit, stock bonus and profit-sharing plans, systems or trusts, of

life, group life, industrial life or accident and health insurance

policies and of annuity, endowment and supplemental insurance contracts

(hereinafter referred to as "proceeds") may be made payable to a trustee

designated as beneficiary in the manner prescribed by this section and

named as:

(1) Trustee under a trust agreement or declaration of trust in

existence at the date of such designation, and identified in such

designation, and such proceeds shall be paid to such trustee and be held

and disposed of in accordance with the terms of such trust agreement or

declaration of trust, including any amendments thereto, as they appear

in writing on the date of the death of the insured, employee or

participant. It shall not be necessary to the validity of any such trust

agreement or declaration of trust that it have a trust corpus other than

the right of the trustee as beneficiary to receive such proceeds.

(2) Trustee of a trust to be established by will, and upon

qualification and issuance of letters of trusteeship such proceeds shall

be payable to the trustee to be held and disposed of in accordance with

the terms of such will as a testamentary trust. A designation which in

substance names as such beneficiary the trustee under the will of the

insured, employee or participant, shall be taken to refer to the will of

such person actually admitted to probate, whether executed before or

after the making of such designation.

(b) If no qualified trustee claims such proceeds from the insurer or

other payor within eighteen months after the death of the insured,

employee or participant, or if satisfactory evidence is furnished to the

insurer or other payor within such period showing that there is or will

be no trustee to receive such proceeds, such proceeds shall be paid by

the insurer or other payor to the personal representative or assigns of

the insured, employee or participant, unless otherwise provided by

agreement with the insurer or other payor during the lifetime of the

insured, employee or participant.

(c) Except to the extent otherwise provided by the trust agreement,

declaration of trust or will, proceeds received by the trustee shall not

be subject to the debts of the insured, employee or participant, to any

greater extent than if such proceeds were payable to the beneficiaries

named in the trust, and for all purposes including transfer or estate

tax purposes they shall not be deemed payable to or for the benefit of

the estate of the insured, employee or participant.

(d) Proceeds so held in trust may be commingled with any other assets

which may properly become part of such trust.

(e) Nothing in this section shall effect the validity of any

designation heretofore made of the trustee of any trust established

under a trust agreement or declaration of trust or by will.

(f) This section shall be construed as declaring the law as it existed

prior to its enactment and not as modifying it.