| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 24-A MRSA c. 24-A is enacted to read: |
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| PROTECTION OF BENEFICIARIES OF STRUCTURED SETTLEMENTS |
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| | As used in this chapter, unless the context otherwise | indicates, the following terms have the following meanings. |
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| | 1.__Annuity insurer.__"Annuity insurer" means an insurer that | has issued an insurance contract used to fund periodic payments | under a structured settlement. |
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| | 2.__Applicable law.__"Applicable law" means: |
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| B.__The laws of this State, including principles of equity | applied in the courts of this State; and |
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| C.__The laws of any other jurisdiction: |
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| (1)__That is the domicile of the payee or any other | interested party; |
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| (2)__Under whose laws a structured settlement agreement | was approved by a court or responsible administrative | authority; or |
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| (3)__In whose courts a settled claim was pending when | the parties entered into a structured settlement | agreement. |
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| | 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. |
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| | 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. |
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| | 5.__Favorable tax determination.__"Favorable tax | determination," with respect to a proposed transfer of structured |
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