Structured Settlement Annuity

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What is a structured settlement annuity?

A structured settlement annuity is periodic cash payments through an annuity system that is commonly used to compensate personal injury victims for their losses.A Structured settlement annuity is an alternative payment option to a lump sum cash payment and is devised to provide you with regular payments over a period of time.

Special legislation in 1982 by the U.S. Congress allowed this as a way to make substantial settlements more agreeable to both parties of a lawsuit and provide a level of protection to victims.

Because of this,many people do now opt to receive structured settlements instead of a lump sum payment and courts often award them in civil suits where there will be long-term living expenses and the necessity for obtaining cash payments at some point in the future.
Under a structured settlement annuity, the victim will receive compensation over an extended period of time sometimes over their lifetime instead of a large lump sum payment.A structured settlement helps to protect the victim from financial hardship while making the payout less of a blow to the defendant.

Structured Settlement Annuities

Structured Settlement annuities are an agreement by which an insurance company agrees to pay you an agreed amount of cash for a fixed period of time should you suffer some sort of personal injury.The parts that make up a structured settlement include the agreement, a qualified assignment, an annuity application, a court order if a claim is made by a minor, and an annuity policy.

Payments for a structured settlement annuity can be made for the duration of the life of the claimant. The amount paid can comprise of equal installments, installments of varying amounts, and lump sums. The payments from a Structured Settlement Annuity are free from income-tax and are guaranteed by contract. Since structured settlement annuities are meant for long-term financial security, it is important to get an assurance of the credentials of the annuity provider.

The periodicity of payment is entered into the settlement agreement. Factors that individuals can consider in deciding upon the date of commencement of payment, duration, and periodicity include monthly expenses, present age, extent of hazard in occupation, and retirement plans. In order to ensure that the payments remain tax-free, the structure of payments should not be altered once it has been agreed upon with the structured settlement annuity company. In the case of a qualified assignment, the insurance company making the payment can transfer its obligation for payments to a third party.

There are issues that one should understand before opting for a structured settlement agreement. If payments are made to an estate, they are free from income tax but subject to estate tax. Purchasing a structured annuity can affect the availability of ready money with an individual.

State and federal laws govern the closing of a structured settlement. The closing process usually gets completed in 3-6 months. Federal laws stipulate that a court order be obtained by either the customer or the funding company that is purchasing the payment stream so that there are no tax liabilities. The manner in which the court order is obtained is regulated by various "Structured Settlement Protection Acts", which are in force in 36 states in the United States.

A disclosure statement is made available to a customer 3 to 14 days before he receives the transfer agreement. The disclosure statement mentions the amounts to be paid to the customer and their due dates; the IRS Discounted Present Value of the amount at that given point in time; the Gross Advance Amount and the Annual Discount Rate; disclosures desired by the state; and a list of the fees and commissions incurred.

It is advisable to get attorney advice before entering into an agreement. In fact, in some states, it is a precondition to acquiring a structured settlement annuity. However, depending upon the laws being used for the transaction, customers do have the option of waiving legal representation in the Transfer Agreement or obtain an Estoppel letter from their attorney.

The funding company commences payment to an individual after acknowledging the assignment and receiving a court order. The payments start 30-45 days after the receipt of the court order.

When you are ready to cash out your structured settlement? Get the best deal you can for your structured settlement annuities.

Posts Tagged ‘structured settlement annuity’