LD 1930
pg. 7
Page 6 of 7 An Act to Protect Beneficiaries of Structured Settlements LD 1930 Title Page
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LR 2386
Item 1

 
C.__A copy of the disclosure statement required under
section 2242, subsection 2, paragraph B;

 
D.__Notification that any interested party is entitled to
support, oppose or otherwise respond to the transferee's
application, either in person or by counsel, by submitting
written comments to the court or responsible administrative
authority or by participating in the hearing; and

 
E.__Notification of the time and place of the hearing and
notification of the manner in which and the time by which
written responses to the application must be filed, which
may be not less than 30 days after service of the
transferee's notice, in order to be considered by the court
or responsible administrative authority.

 
§2244.__Prohibitions

 
1.__Prohibition against waiver.__The provisions of this
chapter may not be waived.

 
2.__Prohibition against penalty.__A payee who proposes to make
a transfer of structured settlement payment rights may not incur
a penalty, forfeit an application fee or other payment or
otherwise incur any liability to the proposed transferee based on
the failure of that transfer to satisfy the conditions of section
2242.

 
§2245.__Construction

 
Nothing contained in this chapter may be construed to
authorize a transfer of structured settlement payment rights in
contravention of applicable law or to give effect to a transfer
of structured settlement payment rights that is invalid under
applicable law.

 
SUMMARY

 
The settlement of many different types of claims often
involves the use of a structured settlement. A structured
settlement is an agreement whereby one party receives a series of
payments over a specified term instead of one payment.
Structured settlements must always be agreed to by a plaintiff
and a particular defendant in a lawsuit. The purpose of this
bill is to protect individuals who have entered into a structured
settlement agreement from various companies and individuals who
buy the structure, usually at a dramatically reduced cost. The
bill establishes procedures and protections pursuant to which
such transactions may occur.


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