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Structured Settlement Agreement for the United States

Structured Settlement Agreement Template for United States

A Structured Settlement Agreement is a legal document used in the United States that establishes the terms for paying settlement proceeds through a series of periodic payments rather than a lump sum. The agreement complies with federal tax laws and state-specific structured settlement protection acts, detailing payment schedules, qualified assignments, and funding mechanisms. It typically involves multiple parties including the claimant, defendant, assignment company, and life insurance provider.

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Structured Settlement Agreement

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What is a Structured Settlement Agreement?

The Structured Settlement Agreement serves as a comprehensive legal framework for resolving claims through periodic payments rather than a single lump sum. This document type emerged following the Periodic Payment Settlement Act of 1982 and is commonly used in personal injury, workers' compensation, and medical malpractice cases across the United States. The agreement details payment terms, tax implications, and security provisions while ensuring compliance with both federal and state regulations. A properly executed Structured Settlement Agreement provides tax advantages to the payee while offering long-term financial security.

What sections should be included in a Structured Settlement Agreement?

1. Parties: Identifies all parties to the agreement including payee, payor, and assignee

2. Background: Explains the underlying claim and reason for settlement

3. Definitions: Key terms used throughout the agreement

4. Payment Terms: Details of periodic payments, amounts, and schedule

5. Assignment Provisions: Terms regarding qualified assignment of payment obligations

6. Security Provisions: Details of annuity or other funding mechanism

7. Tax Implications: Statements regarding tax treatment and responsibilities

What sections are optional to include in a Structured Settlement Agreement?

1. Beneficiary Provisions: Terms regarding death benefits and beneficiary designation when payments continue after payee's death

2. Court Approval: Terms regarding required court approval when payee is a minor or incompetent person

3. Hardship Provisions: Terms for early withdrawal or modification when parties agree to allow for potential future modifications

What schedules should be included in a Structured Settlement Agreement?

1. Payment Schedule: Detailed schedule of all periodic payments

2. Annuity Contract: Copy of the funding annuity contract

3. Qualified Assignment Agreement: Agreement transferring payment obligation to assignment company

4. Release of Claims: Release of underlying claims leading to settlement

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Cost

Free to use
Clauses

























Industries

Internal Revenue Code Section 104(a)(2): Federal legislation governing the tax treatment and exclusions for personal injury settlements, specifying which settlement proceeds are exempt from federal income tax

Internal Revenue Code Section 130: Federal legislation that provides rules for qualified assignments in structured settlements, including requirements for assignment companies and tax treatment of periodic payments

Periodic Payment Settlement Act of 1982: Federal law that established the framework for structured settlements in the United States, providing tax benefits for qualifying periodic payment arrangements

Tax Reform Act of 1986: Federal legislation that further refined the tax treatment of structured settlements and confirmed the tax-free status of qualifying periodic payments

State Structured Settlement Protection Acts: State-specific laws that protect settlement recipients by requiring court approval for the transfer of settlement payment rights and establishing disclosure requirements

State Insurance Regulations: State-level rules governing insurance companies' involvement in structured settlements, including requirements for qualified funding assets and provider licensing

Dodd-Frank Wall Street Reform: Federal legislation that includes consumer protection provisions potentially affecting structured settlement transactions and disclosures

Local Court Rules: Jurisdiction-specific requirements for settlement approval, particularly important in cases involving minors or incapacitated persons

Teams

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