The Nebraska Structured Settlement Protection Statute Cited as 2001 NEB 25-3101 – 25-3107 LB55 LB 55 LEGISLATIVE BILL 55 Approved by the Governor April 4, 2001 Introduced by Landis, 46 AN ACT relating to financial arrangements; to amend section 9-109, Uniform Commercial Code; to adopt the Structured Settlements Transfers Protection Act; to harmonize provisions; to provide an operative date; to repeal the original section; and to declare an emergency. Be it enacted by the people of the State of Nebraska, Section 1. Sections 1 to 7 of this act shall be known and may be cited as the Structured Settlements […]
The New Mexico Structured Settlement Protection Statute N. M. S. A. 1978, § 39-1A-2 § 39-1A-1. Short title This act may be cited as the “Structured Settlement Protection Act”. § 39-1A-2. Definitions As used in the Structured Settlement Protection Act: A. “annuity issuer” means an insurer that has issued a contract to fund periodic payments under a structured settlement; B. “court” means: (1) the court of original jurisdiction that authorized or approved a structured settlement; or (2) if the court that authorized or approved the structured settlement no longer has jurisdiction to approve a transfer of payment rights under the […]
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The Montana Structured Settlement Protection Statute Montana Senate Bill 122 Synopsis: An act regulating the transfer of a beneficiary’s structured settlement payment rights; requiring disclosure and approval of a court or responsible administrative authority prior to transfer; outlining obligations after a transfer; placing a condition on additional transfers; providing for jurisdiction and notice; prohibiting waiver of provisions; providing conditions for contingent payments; assigning responsibility for compliance; and providing an applicability date. Text: BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: Section 1. Short title. Sections 1 through 12 may be cited as the “Structured Settlement Protection Act”. […]
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The Oregon structured settlement protection statute Ch. 173 S.B. no. 645 Annuities–structured settlement rights An act relating to transfers of structured settlement rights. Be it enacted by the people of the state of Oregon: Section 1. As used in sections 1 to 6 of this 2005 act: (1) “Annuity issuer” means an insurer that has entered into a contract to fund periodic payments under a structured settlement agreement. (2) “Obligor” means a party that has a continuing obligation to make periodic payments to a payee under a structured settlement agreement or an agreement that provides for a qualified assignment as […]
Ohio Structured Settlement Protection Act § 2323.58 Definitions. As used in this section and sections 2323.581 [2323.58.1] to 2323.587 [2323.58.7] of the Revised Code: (A) “Annuity issuer” means an insurer that has issued an insurance contract that is used to fund periodic payments under a structured settlement. (B) “Applicable law” means any of the following, as applicable in interpreting the terms of a structured settlement agreement: (1) The laws of the United States; (2) The laws of this state, including principles of equity that are applied in the courts of this state; (3) The laws of any other jurisdiction if […]
The New York Structured Settlement Protection Statute McKinney’s General Obligations Law § 5-1701 § 5-1701. Definitions For purposes of this title: (a) “annuity issuer” means an insurer that has issued an insurance contract used to fund periodic payments under a structured settlement; (b) “dependents” include a payee’s spouse and minor children and all other persons for whom the payee is legally obligated to provide support, including alimony or maintenance; (c) “discounted present value” means the present value of future payments, as determined by discounting such payments to the present using the most recently published applicable federal rate for determining the […]
The Maine Structured Settlement Protection Statute MAINE STATUTES TITLE 24-A§2241. DefinitionsAs used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [1999, c. 268, §2 (new).] 1. Annuity issuer. “Annuity issuer” means an insurer that has issued an insurance contract used to fund periodic payments under a structured settlement. [1999, c. 268, §2 (new).] 2. Applicable law. “Applicable law” means: A. Federal law; [1999, c. 268, §2 (new).] B. The laws of this State, including principles of equity applied in the courts of this State; and [1999, c. 268, §2 (new).] C. The laws […]
The Maryland Structured Settlement Protection Statute MARYLAND CODE COURTS AND JUDICIAL PROCEEDINGS Current through 2001 § 5-1101.(a) In this subtitle the following words have the meanings indicated. (b) “Discounted present value” means the fair present value of future payments, as determined by discounting payments to the present using the most recently published applicable federal rate for determining the present value of an annuity, as issued by the United States Internal Revenue Service. (c) “Independent professional advice” means advice of an attorney, certified public accountant, actuary, or other licensed professional adviser: (1) Who is engaged by a payee to render advice […]
Considerations for the Casualty Insurer in Dealing with Structured Settlements Recent trends in property/casualty insurance reflects catastrophic insurance losses from earthquakes, hurricanes, and other natural and unnatural disasters reaching unparalleled levels. Property/casualty insurers are anticipating even larger losses in the future. It’s not only the frequency of these natural and unnatural disasters that is debilitating, it is also the population growth. For example, the population in the Atlantic and Gulf regions of Florida and in California have experienced a population growth three or four times the national average for the last three decades. Faced with this increased exposure […]
The Arkansas Structured Settlement Protection Statute House Bill No. 2614 AN ACT concerning structured settlement protection; and for other purposes. Effective 8/13/05 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: SECTION 1. Arkansas Code Title 23, Chapter 81, is amended to add an additional subchapter to read as follows: 23-81-701. Title. This subchapter shall be known and may be cited as the “Structured Settlement Protection Act”. 23-81-702. Definitions. As used in this subchapter: (1) “Annuity issuer” means an insurer that has issued a contract to fund periodic payments under a structured settlement; (2) “Dependents” includes a […]