LD 1930
pg. 4
Page 3 of 7 An Act to Protect Beneficiaries of Structured Settlements Page 5 of 7
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LR 2386
Item 1

 
17.__Terms of structured settlement.__"Terms of a structured
settlement" means the terms of a structured settlement agreement,
an annuity contract, any qualified assignment agreement and any
order or approval of any court or responsible administrative
authority or other government authority authorizing or approving
the structured settlement.

 
18.__Transfer.__"Transfer" means any sale, assignment, pledge,
hypothecation or other form of alienation or encumbrance made by
a payee for consideration.

 
19.__Transfer agreement.__"Transfer agreement" means the
agreement providing for transfer of structured settlement payment
rights from a payee to a transferee.

 
§2242.__Transfer of structured settlement payment rights

 
1.__Application.__This section applies to any transfer of
structured settlement payment rights under a transfer agreement
entered into on or after the effective date of this section.__
This section may not be construed to imply that any transfer
under a transfer agreement reached prior to the effective date of
this section is effective.

 
2.__Requirements for transfer.__A direct or indirect transfer
of structured settlement payment rights is not effective and a
structured settlement obligor or annuity issuer is not required
to make any payment directly or indirectly to any transferee of
structured settlement payment rights unless the transfer has been
authorized in advance in a final order of a court of competent
jurisdiction or a responsible administrative authority, based on
express findings by that court or responsible administrative
authority that:

 
A.__The transfer complies with the requirements of this
chapter and does not contravene other applicable law;

 
B.__Not less than 10 days prior to the date on which the
payee first incurred any obligation with respect to the
transfer, the transferee provided to the payee a disclosure
statement in bold type, no smaller than 14 points, setting
forth:

 
(1)__The amounts and due dates of the structured
settlement payments to be transferred;

 
(2)__The aggregate amount of those payments;


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