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<section article="gcj" article_name="Courts and Judicial Proceedings" number="5-1101" title_number="5" title_name="Limitations, Prohibited Actions, and Immunities" subtitle_number="11" subtitle_name="Structured Settlements">
  <level label="a">
    <text>In this subtitle the following words have the meanings indicated.</text>
  </level>
  <level label="b">
    <text>“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.</text>
  </level>
  <level label="c">
    <text>“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:</text>
    <level label="1">
      <text>The actual cost, not to exceed $100, of the payee’s transportation to a hearing concerning a petition filed under § 5–1102 of this subtitle; and</text>
    </level>
    <level label="2">
      <text>The costs of postage, overnight delivery services, document retrieval fees, and notary services associated with the filing of a petition under § 5–1102 of this subtitle.</text>
    </level>
  </level>
  <level label="d">
    <text>“Independent professional advice” means advice of an attorney, certified public accountant, actuary, or other licensed professional adviser:</text>
    <level label="1">
      <text>Who is engaged by a payee to render advice concerning whether a proposed transfer of structured settlement payment rights would be in the best interest of the payee, taking into account the welfare and support of the payee’s dependents;</text>
    </level>
    <level label="2">
      <text>Who is not affiliated with or compensated by the transferee of the transfer; and</text>
    </level>
    <level label="3">
      <text>Whose compensation is not affected by whether a transfer occurs.</text>
    </level>
  </level>
  <level label="e">
    <text>“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.</text>
  </level>
  <level label="f">
    <text>“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.</text>
  </level>
  <level label="g">
    <text>“Registrant” means a person registered with the Attorney General under this subtitle.</text>
  </level>
  <level label="h">
    <text>“Responsible administrative authority” means a government authority vested with exclusive jurisdiction over the settled claim resolved by a structured settlement.</text>
  </level>
  <level label="i">
    <level label="1">
      <text>“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.</text>
    </level>
    <level label="2">
      <text>“Structured settlement” does not include an arrangement for periodic payment of damages for personal injury established by a judgment by confession.</text>
    </level>
  </level>
  <level label="j">
    <text>“Structured settlement agreement” means an agreement, judgment, stipulation, or release embodying the terms of a structured settlement.</text>
  </level>
  <level label="k">
    <text>“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.</text>
  </level>
  <level label="l">
    <text>“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:</text>
    <level label="1">
      <text>The payee resides in this State;</text>
    </level>
    <level label="2">
      <text>The structured settlement agreement was approved by a court or responsible administrative authority in this State, and the payee does not reside in another state or jurisdiction that has enacted a statute providing for entry of a qualified order as defined in 26 U.S.C. § 5891(b)(2); or</text>
    </level>
    <level label="3">
      <text>The settled claim was pending before a court of this State when the parties entered into the structured settlement agreement, and the payee does not reside in another state or jurisdiction that has enacted a statute providing for entry of a qualified order as defined in 26 U.S.C. § 5891(b)(2).</text>
    </level>
  </level>
  <level label="m">
    <text>“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.</text>
  </level>
  <level label="n">
    <text>“Transfer” means a sale, assignment, pledge, hypothecation, or other form of alienation or encumbrance made by a payee for consideration.</text>
  </level>
  <level label="o">
    <text>“Transfer agreement” means the agreement providing for the transfer of structured settlement payment rights from a payee to a transferee.</text>
  </level>
  <level label="p">
    <text>“Transferee” means a person acquiring or proposing to acquire structured settlement payment rights through a transfer.</text>
  </level>
</section>
