LD 1930
pg. 2
Page 1 of 7 An Act to Protect Beneficiaries of Structured Settlements Page 3 of 7
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LR 2386
Item 1

 
settlement payment rights, means any of the following authorities
that definitively establishes that the federal income tax treatment
of the structured settlement for the parties, other than the payee,
to the structured settlement agreement and any qualified assignment
agreement will not be affected by that transfer:

 
A.__A provision of the United States Internal Revenue Code
or a United States Treasury regulation adopted pursuant to
the code;

 
B.__A revenue ruling or revenue procedure issued by the
United States Internal Revenue Service;

 
C.__A private letter ruling by the United States Internal
Revenue Service with respect to that transfer; or

 
D.__A decision by the United States Supreme Court or a
decision of a lower federal court in which the United States
Internal Revenue Service has acquiesced.

 
6.__Federal hardship standard.__"Federal hardship standard"
means a federal standard applicable to transfers of structured
settlement payment rights based on findings of a court or
responsible administrative authority regarding the payee's needs,
as contained in the United States Internal Revenue Code or in a
United States Treasury regulation adopted pursuant to the code.

 
7.__Independent professional advice.__"Independent
professional advice" means advice of an attorney, certified
public accountant, actuary or other licensed professional
advisor:

 
A.__Who is engaged by a payee to render advice concerning
the legal, tax and financial implications of a transfer of
structured settlement payment rights;

 
B.__Who is not in any manner affiliated with or compensated
by the transferee of that transfer; and

 
C.__Whose compensation for rendering advice is not affected
by whether a transfer occurs or does not occur.

 
8.__Interested parties.__"Interested parties" means the payee,
any beneficiary designated under the annuity contract to receive
payments following the payee's death, the annuity issuer, the
structured settlement obligor and any other party that has
continuing rights or obligations under the structured settlement.

 
9.__Payee.__"Payee" means an individual who is receiving tax-
free damage payments under a structured settlement and


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