Pennsylvania Model State Structured Settlement Protection Act

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Full text and statutory guidelines for the Model State Structured Settlement Protection Act.

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FAQ

A qualified assignment is a formal arrangement wherein a defendant or its insurance company or other representative agrees to transfer their obligation to make future periodic payments to a third party (?an assignment company?). This is generally done using a uniform qualified assignment (?UQA?) document.

Allowed by the US Congress since 1982, a structured settlement is: A completely voluntary agreement between the injured victim and the defendant. Under a structured settlement, an injured victim doesn't receive compensation for his or her injuries in one lump sum.

A completely voluntary agreement between the injured victim and the defendant. Under a structured settlement, an injured victim doesn't receive compensation for his or her injuries in one lump sum. They will receive a stream of tax-free payments tailored to meet future medical expenses and basic living needs.

A QSF is a trust established to receive settlement proceeds from a defendant or group of defendants. Its primary purpose is to allocate the monies deposited into it amongst various claimants and disburse the funds based upon agreement of the parties or court order, if required.

The California Structured Settlement Protection Act (CSSPA), California Insurance Code section 10134, et seq. governs the sale of future annuity payments. Structured settlements with a defendant in a medical malpractice case or a government entity defendant are excluded.

Cashing in a structured settlement typically requires working with settlement buyers or factoring companies. These companies specialize in buying settlements and providing a lump sum cash payout.

Disadvantages of Structured Settlement Low relative rate of return: Structured settlement annuities compare well against traditionally safe investments such as bonds. However, when compared to more risky options like securities, structured settlements generally offer a lower rate of return.

In a structured settlement agreement, the original obligor (the defendant, insurance carrier for the defendant, or the trustee of an IRC 468B qualified settlement fund), assigns its obligation to make the future periodic payments defined in the settlement agreement to a "qualified assignment company".

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Pennsylvania Model State Structured Settlement Protection Act