Alabama annuity protection at a glance
- Annuity benefit limit
- $250,000
- Present value of covered annuity benefits, including eligible net cash-surrender and withdrawal values
- Overall benefit cap
- $300,000
- Most life and annuity benefits for one life share a $300,000 overall cap. The ordinary annuity ceiling remains $250,000.
- Who provides protection
- Alabama Life and Disability Insurance Guaranty Association
- The Alabama Life and Disability Insurance Guaranty Association responds after a covered member insurer is placed under the order required by Chapter 44.
- Insurer requirement
- Member insurer
- The issuer must fall within Alabama’s definition of a member insurer for the contract to qualify.
How the $250,000 limit works
Alabama law provides up to $250,000 in present value of covered annuity benefits with respect to one life, including eligible cash-surrender and withdrawal values. ALDIGA’s FAQ describes the practical limit per contract owner and member company. The current schedule applies to failures on or after January 1, 2013.
Joint ownership note: Joint ownership can change which person or life controls the calculation. Confirm an unusual ownership structure with ALDIGA.
Several contracts at one failed carrier do not create a separate $250,000 limit for each contract.
Alabama states the ceiling by insolvent member company, so a second carrier failure starts a separate calculation.
Most life and annuity benefits for one life share a $300,000 overall cap. The ordinary annuity ceiling remains $250,000.
A $300,000 annuity example
Assume one owner and one life have a current-law deferred annuity with $300,000 of eligible present value and no other covered Alabama benefits at the same insurer.
Annuity value
$300,000
Potential protection
$250,000
Possible receivership claim
$50,000
$250,000 may qualify for guaranty protection and the remaining $50,000 may be submitted as a claim against the insurer’s estate.
The illustration uses a single owner and single life. Joint ownership should be confirmed with ALDIGA.
Which annuities are covered?
Fixed annuity
Generally coveredA fixed contract can qualify to the extent its promised benefits survive Chapter 44 exclusions.
Fixed indexed annuity (FIA)
Generally coveredAn FIA is generally covered as an annuity, but nonguaranteed value and index-linked interest that is still uncredited or forfeitable may be excluded. For contracts crediting less often than annually, Alabama treats the failure date as a scheduled crediting date for this calculation.
Multi-year guaranteed annuity (MYGA)
Generally coveredA MYGA is generally covered as a fixed deferred annuity, subject to the $250,000 limit, statutory interest restrictions, and other exclusions.
Variable annuity
Guaranteed portions may be coveredOnly the insurer-guaranteed portion of a variable contract enters the guaranty calculation; investment risk retained by the owner does not.
Registered index-linked annuity (RILA)
Contract-specificA RILA requires the same separation between contractual insurer obligations and market-dependent value.
Unallocated annuity contract
Generally excludedChapter 44 excludes unallocated annuity contracts from Alabama protection.
Who may qualify?
- Residence is determined when the court enters the order finding impairment or insolvency.
- The owner ordinarily controls annuity eligibility; structured-settlement protection follows the payee.
- A nonresident may reach ALDIGA only through the act’s limited domicile-coordination conditions.
- The fallback depends on an Alabama-domiciled failed insurer and lack of protection in the person’s home jurisdiction.
- The issuer must fall within Alabama’s definition of a member insurer for the contract to qualify.
What is not covered?
- Benefits not guaranteed by the insurer are outside the association obligation.
- Interest above Alabama’s statutory corporate-bond benchmark is excluded.
- Uncredited or forfeitable index-linked value may be excluded. For a contract crediting less often than annually, Alabama treats the failure date as a scheduled crediting date for this calculation.
- Unallocated annuity contracts are excluded.
- Marketing, misrepresentation, bad-faith, and other claims outside the written contract are excluded.
- Punitive or exemplary damages, attorney fees, penalties, and consequential or incidental damages are excluded.
What happens after an insurer fails?
- 1
Determine which coverage rules apply
First determine whether the failure belongs to the current act or Alabama’s older benefit schedule.
- 2
Confirm eligibility
ALDIGA checks residence, insurer membership, contract type, and the person whose life or ownership controls.
- 3
Apply both ceilings
The association calculates covered annuity value and then tests the $300,000 cross-product aggregate.
- 4
File the remainder
Amounts outside the guaranty obligation may be submitted to the failed insurer’s estate.
How the guaranty system is financed
Member-insurer assessments finance ALDIGA’s statutory work; the association is not a prefunded account belonging to each annuity owner.
- Assessment allocation
- Member insurers
- The act allocates assessments among member insurers through its accounts and Alabama premium base.
- Annual assessment cap
- Defined by state law
- Alabama caps annual assessments for each account at 1% of a member insurer’s average annual covered Alabama premiums for the three preceding calendar years.
- Premium-tax treatment
- State-specific rule
- A member insurer may offset 20% of a qualifying assessment against Alabama premium-tax liability in each of the five calendar years after the assessment was paid.
- Alabama funding mechanics
- Assessment authority belongs to the association under Chapter 44 and does not enlarge the benefit limits owed to an owner.
What to know before buying
- Guaranty protection is a statutory backstop, not a substitute for evaluating an insurer’s financial strength or the guarantees in the contract.
- Alabama’s current guaranty-association law does not contain a provision restricting sales references to the association.
How state protection differs from FDIC insurance
- What it covers
- State protection: Alabama protection addresses a qualifying annuity obligation after a member insurer fails.
- FDIC: FDIC insurance addresses an eligible deposit after its insured bank fails.
- What system stands behind it
- State protection: ALDIGA is the member-insurer association behind Alabama’s guaranty system.
- FDIC: Federally insured banks support the national deposit-insurance system.
- Coverage-limit basis
- State protection: Alabama generally provides up to $250,000 in present value, subject to its statutory eligibility and aggregation rules.
- FDIC: Federal limits aggregate balances by depositor, insured bank, and ownership category.
- Whether it applies to annuities
- State protection: A qualifying Alabama annuity may receive state guaranty protection.
- FDIC: An annuity is an insurance contract, not an FDIC-insured deposit.
Sources and last verified
- Alabama Code mirror: Alabama Code Title 27, Chapter 44. Accessed August 16, 2026.
- Alabama Legislature: Alabama Code § 27-44-3. Accessed August 29, 2026.
- Alabama Legislature: Alabama Code § 27-44-9. Accessed August 29, 2026.
- Alabama Legislature: Alabama Code § 27-44-13. Accessed August 29, 2026.
- Alabama Life and Disability Insurance Guaranty Association: Current Alabama Guaranty Association Act. Accessed August 29, 2026.
- Alabama Code mirror: Alabama Code Title 27, Chapter 44 index. Accessed August 16, 2026.
- Alabama Life and Disability Insurance Guaranty Association: FAQ. Accessed August 16, 2026.
- NOLHGA: How You’re Protected. Accessed August 16, 2026.
- Federal Deposit Insurance Corporation: Deposit Insurance FAQs (data as of April 1, 2024). Accessed August 20, 2026.
Last verified: August 29, 2026