When Congress passed the Periodic Payment Act of 1982, the stated intent was to provide a secure and steady flow of periodic payments to claimants. At the time of settlement or judgment, the claimant foregoes immediate access to a lump sum in exchange for a secure promise of tax-free payments over time. From society’s perspective,...
Almost all structured settlements are completed on a basis that qualifies future payments for tax-free treatment under I.R.C. § 104(a) and 130. One of the requirements for a “qualified assignment” under IRC 130 is that “periodic payments cannot be accelerated, deferred, increased, or decreased by the recipient of such payments.” In addition to this statutory language,...
Since it was first published in 1986, “Structured Settlements and Periodic Payment Judgments” , has provided structured settlement stakeholders with an authoritative reference guide, consisting of 16 chapters with extensive footnotes and Appendix documents, to help them understand historical development as well as current issues and fashion settlements and judgments utilizing periodic payments. Personal Injury Settlement Planning...
Daniel Anders, President of the National MSP Network (NMSP) sent a newsletter last week alerting this writer and other NMSP members of an historic settlement planning anniversary. On July 23, 2001, the Centers for Medicare & Medicaid Services (CMS) released, under the name of Parashar B. Patel, Deputy Director, Purchasing Policy Group for CMS, what...
Last week, the National Association of State Treasurers (NAST) sponsored its 2021 Treasury Management Training Symposium, which occurred virtually and featured a panel titled “Expanding ABLE Through Different Types of Collaboration.” Moderated by Amy Corbin, Executive Director for the ABLE Authority which oversees Indiana’s state ABLE plan, the panelists included: Mary Rubenis, Associate Director responsible for...
When the Centers for Medicare and Medicaid Services (CMS) published the most recent Version 3.3 of its Workers Compensation Medicare Set-Aside Arrangement (WCMSA) Reference Guide on April 19, 2021, no one within the structured settlement or settlement planning marketplaces appears to have noticed a development that could impact structured settlements annuities. Enacted in 1980, the Medicare Secondary Payer (MSP)...
“We can’t become what we need to by remaining what we are.” – Oprah Winfrey In her new book titled “Investing is Your Superpower,” written primarily for the types of female professionals who have organized the National Structured Settlement Trade Association’s Women’s Caucus and the American Association of Settlement Consultants’ Alliance for Women, Shinobu Hindert prefaces her concluding chapter...
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