West Virginia Code § 46A-6H-1

Definitions
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For the purposes of this article:
(1) "Closing date" means the date the transfer agreement is executed by the consumer and
the transferee, and shall be at least fourteen days after the requisite disclosures have been
provided to the consumer and interested parties.
(2) "Consumer" means any person entitled to receive periodic future payments from an
annuity issuer, settlement obligor or any other party as the result of an annuity, settlement,
lottery winnings, sweepstakes payoff or other future payment arurangement.
(3) "Discounted present value" means the fair present value of future payments, as
determined by discounting such payments to the present using the most recently published
applicable federal rate for determining the present valaue of an annuity, as issued by the
United States Internal Revenue Service.
(4) "Favorable tax determination" means, with respect to a proposed transfer of structured
settlement payment rights, any of the following authorities that are applicable to the parties
to such transfer and on the parties to the sitructured settlement agreement and any qualified
assignment agreement and establish that the federal income tax treatment of the structured
settlement for the parties to the structured settlement agreement and any qualified
assignment agreement, other than the consumer, will not be adversely affected by such
transfer:
(i) A United States Treasury regulation;
(ii) A published rulin g by the United States Internal Revenue Service;
(iii) A private letter ruling by the United States Internal Revenue Service with respect to
such transfer; or
(iv) Other applicable legal authority that is binding on the United States Internal Revenue
Service.
(5) "Interested party" means an insurance company, an annuity issuer, a structured
settlement obligor, a lottery, a beneficiary irrevocably designated in an agreement to receive
future payments following the consumer's death or other entity obligated to pay to a
consumer any future payments or any other party that has continuing rights or obligations
under the structured settlement agreement.
(6) "Qualified assignment agreement" means an agreement providing for a qualified
assignment within the meaning of section 130 of the United States Internal Revenue Code,
United States Code Title 26, as amended from time to time.
(7) "Structured settlement" means an arrangement whereby a settlement obligor, an annuity
issuer or other person agrees to make future payments to a consumer in resolution of a
personal injury or other claim.
(8) "Structured settlement payment rights" means the right to receive periodic payments,
including lump sum payments, under a structured settlement from a settlement obligor,
annuity issuer, or other person.
(9) "Transfer" means any sale, assignment or other conveyance of future payment rights by a
consumer to a transferee for consideration.
(10) "Transfer agreement" means an agreement providing for thue transfer of future payment
rights from a consumer to a transferee.
(11) "Transferee" means any person or entity that becomes entitled to receive a consumer's
future payments as a result of a transfer agreement anad includes companies in the business
of purchasing future payments.

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