§ 5-1101. Definitions
West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: October 1, 2016
Effective: October 1, 2016
MD Code, Courts and Judicial Proceedings, § 5-1101
§ 5-1101. Definitions
(b) “Discounted present value” means the fair present value of future payments, as determined by discounting payments to the present using the most recently published applicable federal rate for determining the present value of an annuity, as issued by the United States Internal Revenue Service.
(c) “Gift” means a transfer to a payee of anything of economic value, regardless of form, as an inducement to enter into a transfer agreement or pursue a transfer, except:
(d) “Independent professional advice” means advice of an attorney, certified public accountant, actuary, or other licensed professional adviser:
(e) “Interested parties” means the payee, each 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 a structured settlement.
(f) “Payee” means an individual who receives damage payments that are not subject to income taxation under a structured settlement and proposes to make a transfer of payment rights.
(h) “Responsible administrative authority” means a government authority vested with exclusive jurisdiction over the settled claim resolved by a structured settlement.
(i)(1) “Structured settlement” means an arrangement for periodic payment of damages for personal injury established by a settlement or judgment in resolution of a tort claim.
(j) “Structured settlement agreement” means an agreement, judgment, stipulation, or release embodying the terms of a structured settlement.
(k) “Structured settlement obligor” means a party who has the continuing periodic payment obligation to the payee under a structured settlement agreement or a qualified assignment agreement.
(l) “Structured settlement payment rights” means the rights to receive periodic payments, including lump-sum payments under a structured settlement, whether from the settlement obligor or the annuity issuer, if:
(m) “Terms of the structured settlement” includes the terms of the structured settlement agreement, the annuity contract, a qualified assignment, and an order or approval of a court or responsible administrative authority authorizing or approving a structured settlement.
(n) “Transfer” means a sale, assignment, pledge, hypothecation, or other form of alienation or encumbrance made by a payee for consideration.
(o) “Transfer agreement” means the agreement providing for the transfer of structured settlement payment rights from a payee to a transferee.
Credits
Added by Acts 2000, c. 366, § 1, eff. Oct. 1, 2000. Amended by Acts 2016, c. 721, § 2, eff. Oct. 1, 2016; Acts 2016, c. 722, § 2, eff. Oct. 1, 2016.
MD Code, Courts and Judicial Proceedings, § 5-1101, MD CTS & JUD PRO § 5-1101
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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