"When a person living in a village is contacted, they may not fully understand the implications of the purchase and realize what they are giving up in terms of long-term benefit versus a quick cash payoff."
- Rep. Foster
"An Act relating to court approval of the purchase of structured settlements."
House Bill 64 was introduced to address a concern brought forward by some of the states trial lawyers.
Apparently firms have been contacting the recipients of structured settlements and offering to buy those settlements for a small portion of their value. When a person living in a village is contacted, they may not fully understand the implications of the purchase and realize what they are giving up in terms of long-term benefit versus a quick cash payoff.
These Settlements are often draft as non-transferable. Without state oversight illegal transfers would go unnoticed.
Federal tax law puts a tax of 40% on the discounted value of any transfer of a structured settlement unless that transfer is approved by a form of state oversight.
This act would allow the reassignment of a structured settlement only after it had been approved by the courts and outlines the considerations that must be made before such a transfer is approved.
The specific provisions of the bill are outlined in the analyses provided by Legislative Legal Services.
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