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Your first step in answering your structured settlement questions The Client First Consultation
Your first step in answering your structured settlement questions
 
 Find out whether you should sell your structured settlement payments for lump-sum cash Fast Forward Your Settlement
Find out whether you should sell your structured settlement payments for lump-sum cash
 
Timeline, legalities and who's involved. The Process of Selling Payments
Timeline, legalities and who's involved
 
Solutions to fit your specific financial needs, compared to receiving structured settlement payments. Fast Forward Examples
Solutions to fit your specific financial needs
 
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Glossary

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Accumulated Value

The full value of the annuity contract, paid over time. This includes the principal and any gain associated with the investment. This is sometimes referred to as total value.

Administrative Authority

With respect to a structured settlement, any government authority vested by law with exclusive jurisdiction over the settled claim resolved by such structured settlement. Typically this is a local court.

Annuitant

The individual receiving or entitled to the annuity payments. This is normally the plaintiff in the original case.

Annuitization

When annuity payments begin, or an annuity begins to pay out periodic payments.

Annuity

The term annuity refers to any stream of fixed payments over a specified period of time. In the case of a structured settlement, the annuity is a tax-deferred contract that can provide an income for a specified time, such as a number of years, or for the life of the individual.

Annuity Benefits

The guaranteed periodic payments that will be paid to the owner of an annuity during the payout period.

Annuity Contract

The agreement between the annuitant (normally the customer) and the annuity provider (typically an insurance company) that stipulates the features of the annuity, including the payments and responsibilities of each party.

Annuity Issuer

The insurance company that has issued a contract to fund periodic payments under a structured settlement.

Annuity Owner

The person or people who has the right to make decisions about an annuity. The owner has the rights to make withdrawals (if allowed by contract), to surrender or change the designated beneficiary or other terms of the contract.

Annuity Payment Period

The period of time where the customer receives payments or income from the annuity.

Annuity Provider

The party that has the continuing periodic payment obligation to the payee under a structured settlement agreement or a qualified assignment agreement. Often an insurance company.

Annuity Start Date

The date when annuity payments to begin.

Assignment (of Policy)

The legal transfer of one person's interest in an annuity to another.

Beneficiary

The person who receives the benefit when the insured or annuitant dies.

Best Interest Standard

Internal Revenue Code Sec. 5891 and most state laws require that a court find that a proposed settlement factoring transaction, or the sale of structured settlement payments, be in the best interest of the seller, taking into account the welfare and support of any dependents. The court approval process is designed to ensure this standard.

Cash Quote

Cash Quote represents the amount of money to be received now in return for the transfer of future structured settlement payments. This is the net purchase or net advance amount.

Client First Consultation

A free interview between a structured settlement annuitant and our company to discuss options to purchase your future structured settlement payments. This is often the first step to getting a cash quote, or net advance amount.

Court Order

A legally binding ruling issued by a judge or other court officer. The sale of the cash flows or periodic payments from a structured settlement typically require a court order.

Debt Management Agency

A Debt Management Agency is a consumer credit counseling agency that provides credit counseling, financial literacy education, and debt management plans (DMPs) to consumers in debt who qualify for creditor services.

Dependents

Includes all persons for whom the payee is legally obligated to provide support, including maintenance. A person dependent or reliant upon another individual, typically children, stepchildren, and children for whom the contributor is the legal guardian under the age of twenty years. 

Discount Rate

The interest rate used to compute the present value of future cash flows.

Discounted Present Value

The net present value of future payments, this is determined by discounting (or reducing) the future payments to the present. The basis of the discounted value is the most recently published Applicable Federal Rate for determining the present value of an annuity, as issued by the United States Internal Revenue Service, as well as the rate applied by the party purchasing the settlement payments.

Divorce Decree

A divorce decree is a ruling that summarizes the rights and responsibilities of divorced parties. It's a document that states the basic information regarding the divorce.

Escrow

An arrangement typically holding money or documents by a trusted party until certain agreed conditions are met.

Estate

A person's property (including money), entitlements and obligations. It is often used in the context of will, inheritance and probate.

Estate Planning

Preparing for the orderly administration, management and distribution of a person's assets and liabilities during one's lifetime and upon death. This can include a will, trusts, and insurance.

Estate Taxes

A tax assessed on the transfer of a deceased's asset to his or her heirs.

Face Amount or Face Value

The amount that will be paid in case of death (life insurance) or at maturity (bond or other investment).

Factoring Transaction

Describes the selling of future structured settlement payments (or, more accurately, rights to receive the future structured settlement payments). The transaction is also referred to as a “sale of structured settlement”.

Federal Tax Liens

A claim against property for the amount of the owner's tax obligations owed to the federal government.

Financial Affidavit

A sworn statement of income, expenses, assets and debts liabilities. In some cases, this may be referred to as a statement of financial condition.

Fixed Annuity

An annuity in which the insurance company invests the assets on behalf of the contract holder and pays a fixed rate of interest.

Full Purchase

When a client sells their entire annuity or structured settlement.

Funds Transfer

Money that is withdrawn from one account and placed into a different account.

Gift Tax

Tax imposed by federal or state government on an asset transferred as a gift to individuals.

Gross Advance Amount

The sum payable to the payee in return for a transfer of structured settlement payment rights before any reductions for transfer expenses, court costs, or other deductions to be made from such consideration.

Gross Purchase Price

The sum payable to the payee in return for a transfer of structured settlement payment rights before any reductions for transfer expenses, court costs, or other deductions to be made from such consideration.

Guaranteed Payments

Payments made regardless of whether the annuitant is living or deceased.

Guardian

A person who has the power and duty to take to manage the property and rights of another person, often on behalf of a minor or other party considered unable of taking care of his or her own affairs.

Immediate Annuity

An annuity in which the annuity payout period begins immediately, typically within one year of the purchase date.

Independent Professional Advice

The advice of an attorney, certified public accountant, actuary, or other licensed professional adviser regarding the value of an annuity.

Inflation

The steady rise of payments over time, used to calculate the discount rate which determines the value today of your structured settlement payments paid in the future.

Insurance Settlement

The payment of proceeds by an insurance company to the insured to settle a claim within the guidelines of the insurance policy.

Insured

The person who is insured under a policy.

Insurer

Party that provides insurance coverage typically through a contract between insurance entity and customer.

Interested Parties

Any party that has continuing rights or obligations with respect to any structured settlement, including the payee, the structured settlement obligor, any beneficiary to the annuity contract or any other party that has continuing rights or obligations under such structured settlement.

Joint Annuitants

Two or more recipients of the same benefit payment or a joint survivor option.

Legal Representative

A person acting for and legally authorized to execute a contract for an individual, typically used for minor children.

Life Contingent Payments

An annuity income option where payments are received for the duration of ones life, but end upon death.

Life Expectancy

The number of years a person is expected to live based on a number of factors. This calculation is a key component of the determination of insurance costs and potential coverage.

Lifetime Payments

An annuity income option that makes monthly payments for the remainder of the annuitant's life, regardless of the length of time.

Liquidity

An amount of money or cash, or the ability to have immediate access to money.

Lump Sum Annuity

An annuity designed to make a single payment on a specified future date or series of lump sum payments on specified future dates.

Lump Sum Payment

A sum of money paid in a single installment rather than paid over time.

Net Advance Amount

The amount payable to an individual in return for a transfer of structured settlement payment rights, after any reductions for transfer expenses or other deductions to be made.

Net Present Value

The amount of cash today that is the equivalent in value to cash to be received in the future based on a specific discount rate. the net present value is typically lower than the same cash paid over time due to inflation and other factors.

Net Purchase Amount

The amount payable to an individual in return for a transfer of structured settlement payment rights, after any reductions for transfer expenses or other deductions to be made.

Notarize

The act of a individual witnessing a person signing a document, and attesting to the identity of the individual. Many legal documents require a notarized signature, including agreements to transfer structured settlement rights.

Not-For-Profit

A Not-for-Profit credit counseling agency is exempt from federal income tax under section 501 (c) (3) of the Internal Revenue Code.

Partial Purchase

When an individual sells only a portion of their structured settlement or annuity while retaining rights to the remaining unsold portion. This could also be referred to as a partial settlement.

Payee

The party to whom money is paid. Usually the payee is the person who the annuity issuer makes annuity payments to. In the case of a structured settlement, this is the consumer who is receiving tax-free payments under a structured settlement and proposes to make a transfer of payment rights.

Payment Stream

Payments received periodically from a structured settlement or an annuity.

Period Certain Payments

Also referred to as the guaranteed payment period. This is the period that structured settlement or annuity payments will be paid whether or not the annuitant dies prior to the completion of the period.

Periodic Payments

Payments that are paid or received regularly, typically on a monthly or quarterly basis. Includes both recurring payments and scheduled future lump sum payments.

Personal Injury

An injury to a person, typically as the result of an accident. Often, personal injury claims are settled with structured settlements.

Plaintiff

The party in a civil or criminal case who files a claim against a defendant in court.

Premium Payments

The periodic payment required to maintain or keep a life insurance policy in force.

Present Value

The current worth or value of an amount to be received in the future. In the case of an annuity or structured settlement, the present value is the current value (today) of a series of payments to be made in the future. (see net present value)  The present value is less than the series of payments made over time due to the "time value of money." 

Purchase Price

This is the amount that a buyer or purchaser is offering to pay for a certain asset.  In the case of a structured settlement, this is the amount that a company may pay for the future payment obligations owned by the seller or customer. 

Qualified Assignment

A qualified assignment is an assignment of the obligation to make future settlement payments which satisfies the requirements of Internal Revenue Code section 130 for tax free treatment of structured settlement payments. 

Responsible Administrative Authority

With respect to a structured settlement, any government authority vested by law with exclusive jurisdiction over the settled claim resolved by such structured settlement. Typically this is a local court.

Separation Agreement

A contract typically between a husband and wife, signed when a legal separation has been granted or agreed to, typically associated with a divorce. The agreement is designed to settle any financial as well as any child support issues that may exist.

Settled claim

The original tort or legal claim resolved by a structured settlement.

Settlement Agreement

The arrangement made between an insurer and a policy owner (or beneficiary) concerning the manner in which the insurer will pay the policy proceeds to the beneficiary.

Settlement Date

The date agreed on for transferring funds to complete a transaction.  For structured settlements, this is typically a date AFTER the court order or qualified assignment is approved by the court, and is the date that the customer receives the lump sum payment.

Settlement Paperwork

The agreement which provides the terms of a structured settlement, including the rights of the payee to receive periodic payments, as the amount of the payments over time.

Special Power of Attorney

Gives another person legal authority to act on your behalf under specific circumstances.

State Tax Lien

A claim against an individual, often secured by an asset, for the amount of the owner's unpaid state taxes.

Stipulation

An agreement or concession made by parties in a court proceeding relating to the business before the court.

Stream of Payments

Payments received periodically, typically from a structured settlement or an annuity.

Structured Settlement

Settlement of a claim or lawsuit by means of periodic payments paid over time.

Structured Settlement Agreement

The agreement which provides the terms of a structured settlement, including the rights of the payee to receive periodic payments, as the amount of the payments over time. 

Structured Settlement Obligor

The party that has the continuing periodic payment obligation to the payee under a structured settlement agreement or a qualified assignment agreement. Often an insurance company or annuity provider.

Structured Settlement Payments

Payments received from a structured settlement or an annuity, including periodic payments and payments received as lump sums at future dates.

Surrender Charges

Penalties assessed for withdrawals made in excess of the allowable amounts during certain periods of an contract. 

Surrender Schedule

The number of years and percentage amount of surrender charges applied to withdrawals from an annuity contract or life insurance policy.

Tax Deduction

An expense allowed by the Internal Revenue Service which is deducted from income to establish taxable income.

Tax Deferral

A postponement of current income taxes until a later date.

Tax-Deferred Interest

Interest that is not currently subject to income taxation.

Term Life Insurance

An insurance policy in effect for a specific period of time.

Term of Policy

Period for which the policy runs. For term insurance, this is the length of time the death-benefit protection is available.

Terms of the Structured Settlement

Includes, with respect to any structured settlement, the terms of the structured settlement agreement, the annuity contract, any qualified assignment agreement and any order or approval of any court authorizing or approving such structured settlement. 

Time Value of Money

Financial concept that explains the reality that money received over time is worth less than if it was received in the past, or that money received in the future is worth less when received today. This is basically due to inflation or the rising costs of goods over time.

Tort

A body of law which permits an injured person to recover compensation from another party. When one person injures another, either intentionally or by negligence, a court may award money damages to the injured party.  These can sometimes be paid in the form of a structured settlement.

Transferee

The party acquiring or proposing to acquire structured settlement payment rights through a transfer.

Transfer Expenses

All expenses of a transfer that are required under the agreement to be paid by the payee or deducted from the gross advance amount, including court filing fees, attorneys fees, escrow fees, lien recordation fees, judgment and lien search fees, commissions, and other payments to a broker or other intermediary.

Underwriter

The insurance company receiving premiums and accepting responsibility for fulfilling the policy contract.

Universal Life Insurance

A life insurance policy that combines term insurance with additional investments. 

Variable Annuity

The combination of an annuity contract with an additional investment.

Variable Life Insurance

This type of life insurance lets individuals invest their cash reserves in other investment options, such as stock and bonds, that may different and fluctuating rates of return.

W-9 Form

A tax form for the United States which certifies an individual's taxpayer identification number.

Workers Compensation

Compensation that covers the medical expenses and lost income of employees if they are hurt in the course of doing work-related activities.

Wrongful Death

When a person's death is caused by the negligent or intentional act of another.

Your Best Interest

Concept that provides protection for consumers to ensure that receipt of money today in return for the right to future structured payments is beneficial to the consumer. This considers the present value of the future payments, as well as the needs of the consumer today to receive the lump sum cash.

 

 

 

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