| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 24-A MRSA c. 24-A is enacted to read: |
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| | | PROTECTION OF BENEFICIARIES OF STRUCTURED SETTLEMENTS |
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| | | As used in this chapter, unless the context otherwise | | indicates, the following terms have the following meanings. |
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| | | 1.__Annuity insurer.__"Annuity insurer" means an insurer that | | has issued an insurance contract used to fund periodic payments | | under a structured settlement. |
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| | | 2.__Applicable law.__"Applicable law" means: |
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| | | B.__The laws of this State, including principles of equity | | applied in the courts of this State; and |
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| | | C.__The laws of any other jurisdiction: |
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| | | (1)__That is the domicile of the payee or any other | | interested party; |
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| | | (2)__Under whose laws a structured settlement agreement | | was approved by a court or responsible administrative | | authority; or |
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| | | (3)__In whose courts a settled claim was pending when | | the parties entered into a structured settlement | | agreement. |
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| | | 3.__Dependents.__"Dependents" means a payee's spouse and minor | | children and all other family members and other persons for whom | | the payee is legally obligated to provide support, including | | alimony. |
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| | | 4.__Discounted present value.__"Discounted present value" | | means the fair present value of future payments as determined by | | discounting such payments to the present using the applicable | | federal rate for determining the present value of an annuity most | | recently published by the United States Internal Revenue Service. |
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| | | 5.__Favorable tax determination.__"Favorable tax | | determination," with respect to a proposed transfer of structured |
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