Sabtu, 06 April 2013

Structured settlement industry history

People receive structured settlement payments as a result of legal action. Some cite another, an agreement is reached and the defendant agrees to make payment over time. The defendant, in collaboration with an insurance company, pension insurance purchases from another insurance company. Pension policy makes winning now and in the future to the applicant of the original lawsuit. The actor is receiving payments, what now?

In 2001, Congress passed a law that was signed by President Bush and put into force in 2002 (United State Code, section 5891). This has created a legal way for those who receive tax-free payments under a structured settlement for selling their annuity payments regardless of whether the language of annuity or policy settlement was originally written in such a way as to prohibit a future sale. As a result, all transfers, now must be approved by a State Court, under State law, prior to the transfer of funds. The laws require that structured settlement transfers shall be made according to strict guidelines. A contract is executed with the seller after full disclosure of price and other contractual terms and conditions. The sale is announced to all interested parties (beneficiaries of payment, insurance companies) and then must be approved by a judge in a formal hearing.

Currently, 47 States have their winning transfer laws. While these laws can vary slightly from State to State, all require that the Court rule that the sale is in the best interest of the seller, taking into account the welfare and support of any dependents. It is important to note that ‘ interest ‘ has been interpreted quite broadly by the courts such that a seller does not need to face serious financial difficulties; why selling future payments can be something as simple as paying high-interest debt or pay for continuing education. The laws are written to allow sufficient flexibility to assess the current financial situation of the seller against the need or want to sell future payments today.

The legal process was enacted nine years ago to protect not only the seller, but also transfer companies and insurance companies, ensuring that all parties are on the same page and have a voice in this process. If the transfer company follows the law as drafted, and the seller has reason to sell, the structured settlement payment flow brings a high value in today’s markets.

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