| | |
settlement payment rights, means any of the following authorities | | that definitively establishes that the federal income tax treatment | | of the structured settlement for the parties, other than the payee, | | to the structured settlement agreement and any qualified assignment | | agreement will not be affected by that transfer: |
|
| | | A.__A provision of the United States Internal Revenue Code | | or a United States Treasury regulation adopted pursuant to | | the code; |
|
| | | B.__A revenue ruling or revenue procedure issued by the | | United States Internal Revenue Service; |
|
| | | C.__A private letter ruling by the United States Internal | | Revenue Service with respect to that transfer; or |
|
| | | D.__A decision by the United States Supreme Court or a | | decision of a lower federal court in which the United States | | Internal Revenue Service has acquiesced. |
|
| | | 6.__Federal hardship standard.__"Federal hardship standard" | | means a federal standard applicable to transfers of structured | | settlement payment rights based on findings of a court or | | responsible administrative authority regarding the payee's needs, | | as contained in the United States Internal Revenue Code or in a | | United States Treasury regulation adopted pursuant to the code. |
|
| | | 7.__Independent professional advice.__"Independent | | professional advice" means advice of an attorney, certified | | public accountant, actuary or other licensed professional | | advisor: |
|
| | | A.__Who is engaged by a payee to render advice concerning | | the legal, tax and financial implications of a transfer of | | structured settlement payment rights; |
|
| | | B.__Who is not in any manner affiliated with or compensated | | by the transferee of that transfer; and |
|
| | | C.__Whose compensation for rendering advice is not affected | | by whether a transfer occurs or does not occur. |
|
| | | 8.__Interested parties.__"Interested parties" means the payee, | | any 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 the structured settlement. |
|
| | | 9.__Payee.__"Payee" means an individual who is receiving tax- | | free damage payments under a structured settlement and |
|
|