LD 1930
pg. 1
LD 1930 Title Page An Act to Protect Beneficiaries of Structured Settlements Page 2 of 7
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LR 2386
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 24-A MRSA c. 24-A is enacted to read:

 
CHAPTER 24-A

 
PROTECTION OF BENEFICIARIES OF STRUCTURED SETTLEMENTS

 
§2241.__Definitions

 
As used in this chapter, unless the context otherwise
indicates, the following terms have the following meanings.

 
1.__Annuity insurer.__"Annuity insurer" means an insurer that
has issued an insurance contract used to fund periodic payments
under a structured settlement.

 
2.__Applicable law.__"Applicable law" means:

 
A.__Federal law;

 
B.__The laws of this State, including principles of equity
applied in the courts of this State; and

 
C.__The laws of any other jurisdiction:

 
(1)__That is the domicile of the payee or any other
interested party;

 
(2)__Under whose laws a structured settlement agreement
was approved by a court or responsible administrative
authority; or

 
(3)__In whose courts a settled claim was pending when
the parties entered into a structured settlement
agreement.

 
3.__Dependents.__"Dependents" means a payee's spouse and minor
children and all other family members and other persons for whom
the payee is legally obligated to provide support, including
alimony.

 
4.__Discounted present value.__"Discounted present value"
means the fair present value of future payments as determined by
discounting such payments to the present using the applicable
federal rate for determining the present value of an annuity most
recently published by the United States Internal Revenue Service.

 
5.__Favorable tax determination.__"Favorable tax
determination," with respect to a proposed transfer of structured


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