Plain Text Law

Chapter 08. Voluntary Assignment of Monetary Prizes

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Regulation .01 Definitions.Copy Citation

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A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Assignee” means a person who:
(a)
Enters into a contract for voluntary assignment of a lottery prize payment;
(b)
Obtains a court order for voluntary assignment of the lottery prize winner’s lottery prize payment in whole or in part; and
(c)
Becomes a lottery prize winner.
(2)
“Assignee affidavit” means a sworn statement of an assignee.
(3)
“Assignment” means court-ordered payment of a lottery prize to an assignee or subsequent assignee and may include a divorce decree.
(4)
“Assignment Law” means State Government Article, §9-122(b), Annotated Code of Maryland, and this chapter.
(5)
“Assignor” means:
(a)
A lottery prize winner who makes the assignment of a lottery prize payment in whole or in part to an assignee or a subsequent assignee; or
(b)
An assignee or subsequent assignee who seeks a court order to reassign the same or related lottery prize payment that was previously assigned by court order.
(6)
“Assignor affidavit” means a sworn statement made under oath before a notary public by:
(a)
A lottery prize winner who seeks to assign the lottery prize payment; or
(b)
A person who was an assignee.
(7)
“Contract of assignment” means the written instrument that is used to execute an assignment of a lottery prize payment.
(8)
“Court” means the circuit court in the county where the Agency’s headquarters is located.
(9)
“Lottery prize payment” means a monetary prize that the Agency pays in installments over time that is an annuity.
(10)
“Lottery prize winner” means a person who wins a lottery prize payment.
(11)
“Petition" means a document filed in court requesting the assignment of a lottery prize payment.

Regulation .02 General.Copy Citation

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A.
An assignment of a lottery prize payment shall be conducted in accordance with the Assignment Law.
B.
The Agency shall treat an assignee as a lottery prize winner.

Regulation .03 Petition for Assignment.Copy Citation

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A person seeking to assign a lottery prize payment may file a petition with the court for voluntary assignment of all or part of a lottery prize payment under the Assignment Law.

Regulation .04 Required Submissions.Copy Citation

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A.
An assignor and assignee shall each file an affidavit with the court as required under the Assignment Law.
B.
The assignor and assignee shall provide the Agency with the written notice required under the Assignment Law.
C.
Death of Joint Owner. If an owner of a lottery annuity dies after winning the lottery prize, a surviving joint owner shall submit to the Agency:
(1)
A certified copy of the death certificate;
(2)
Written notice required under §B of this regulation.

Regulation .05 Fees.Copy Citation

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A.
An assignor, assignee or both shall pay an administrative fee of $2,000 to the Agency to process a request for a voluntary assignment.
B.
An assignor, assignee or both shall pay the administrative fee required in §A of this regulation each time any portion of a lottery prize payment is voluntarily assigned or reassigned.
C.
An assignor, assignee or both shall pay the fees due to the Agency by certified check or money order at the same time that the petition is submitted to the Agency.
D.
The fees established by this regulation may not be waived.
E.
The fees paid under this regulation are nonrefundable.

Regulation .06 Special Requirements.Copy Citation

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An assignor and an assignee shall provide written documentation to the Agency and the court that the assignment does not include:
A.
Child support payment;
B.
Criminal restitution;
C.
Bankruptcy; or
D.
Any other debt, claim, or liability that may be owed to the State of Maryland.

Regulation .07 Requirements for Court Order.Copy Citation

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A.
Preparation of the Proposed Court Order. An assignee seeking assignment shall:
(1)
Prepare the proposed court order;
(2)
Ensure that the court order contains the information required in the Assignment Law;
(3)
Submit the proposed court order to the Agency; and
(4)
Follow the procedures set out in the Assignment Law.
B.
Final Court Order.
(1)
Based upon the Agency’s lottery prize payment installment due dates, the assignor and assignee shall submit the final court order to the Agency:
(a)
For lottery prize payments due in August, the court order shall be received by the Agency by June 1 of that year;
(b)
For lottery prize payments due in November, the court order shall be received by the Agency by September 1 of that year;
(c)
For lottery prize payments due in February, the court order shall be received by the Agency by December 1 of the preceding year; and
(d)
For lottery prize payments due in May, the court order shall be received by the Agency by March 1 of that year.
(2)
The court orders specified in §B(1) of this regulation shall be certified.
Chapter annotations
Authority: Criminal Procedure Article, §11-618; Family Law Article, §10-113.1; State Finance and Procurement Article, §3-307;
State Government Article, §§9-109, 9-110, and 9-122, Annotated Code of Maryland
History: Effective date: May 13, 2013 (40:9 Md. R. 790)
History: Chapter revised effective January 14, 2019 (46:1 Md. R. 13)
History: Regulation .01B amended effective June 23, 2025 (52:12 599)
History: Regulation .02 amended effective June 23, 2025 (52:12 599)
History: Regulation .03 amended effective June 23, 2025 (52:12 599)
History: Regulation .04 amended effective June 23, 2025 (52:12 599)
History: Regulation .05 amended effective June 23, 2025 (52:12 599)
History: Regulation .06 amended effective June 23, 2025 (52:12 599)
History: Regulation .07 amended effective June 23, 2025 (52:12 599)
History: Regulation .08 amended effective June 23, 2025 (52:12 599)
History: Regulation .09 repealed effective June 23, 2025 (52:12 599)