2023 New York Laws › GOB - General Obligations › Article 5 - Creation, Definition and Enforcement of Contractual Obligations › Title 17 - Structured Settlement Protection Act › 5-1701 - Definitions.

§ 5-1701. Definitions. For purposes of this title:
(a)  "annuity  issuer"  means  an insurer that has issued an insurance
contract used to fund periodic payments under a structured settlement;
(b) "dependents" include a payee's spouse and minor children  and  all
other  persons  for  whom  the  payee  is  legally  obligated to provide
support, including alimony or maintenance;
(c) "discounted present value"  means  the  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  value  of an annuity, as issued by the United
States Internal Revenue Service;
(d) "gross advance amount" means the sum payable to the payee  or  for
the  payee's  account  as  consideration  for  a  transfer of structured
settlement payment rights before any reductions for transfer expenses or
other deductions to be made from such consideration;
(e) "independent professional advice" means  advice  of  an  attorney,
certified  public  accountant,  actuary  or  other licensed professional
adviser:
(i) who is engaged by a claimant or payee to render advice  concerning
the  legal, tax and financial implications of a structured settlement or
a transfer of structured settlement payment rights;
(ii) who is not in any manner affiliated with or  compensated  by  the
defendant in such settlement or the transferee of such transfer; and
(iii)  whose compensation for rendering such advice is not affected by
whether a settlement or transfer occurs or does not occur;
(f)  "interested  parties"  means,  with  respect  to  any  structured
settlement,  the payee, any beneficiary irrevocably 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  such   structured
settlement;
(g)  "net  advance  amount"  means  the  gross advance amount less the
aggregate  amount  of  the  expenses  required  to  be  disclosed  under
subdivision (f) of section 5-1703 of this title;
(h)  "payee"  means  an  individual who is receiving tax free payments
under a structured settlement and proposes to make a transfer of payment
rights thereunder;
(i) "periodic payments" includes both recurring payments and scheduled
future lump sum payments;
(j) "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;
(k)  "settled  claim"  means  the  original  tort  claim resolved by a
structured settlement;
(l) "structured settlement" means an arrangement for periodic  payment
of  damages  for personal injuries or sickness established by settlement
or judgment in resolution of a tort claim;
(m) "structured settlement agreement" means the  agreement,  judgment,
stipulation, or release embodying the terms of a structured settlement;
(n)  "structured  settlement  obligor"  means,  with  respect  to  any
structured settlement, the party that has the continuing  obligation  to
make  periodic  payments  to  the  payee  under  a structured settlement
agreement or a qualified assignment agreement;
(o) "structured settlement payment rights"  means  rights  to  receive
periodic  payments  under  a  structured  settlement,  whether  from the
structured settlement obligor or the annuity issuer, where:
(i) the payee is domiciled in, or the domicile or principal  place  of
business  of  the structured settlement obligor or the annuity issuer is
located in, this state;
(ii)  the  structured  settlement agreement was approved by a court in
this state; or
(iii) the structured settlement agreement is expressly governed by the
laws of this state;
(p) "terms of the structured settlement" include, 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;
(q)  "transfer  means  any  sale, assignment, pledge, hypothecation or
other alienation or encumbrance of structured settlement payment  rights
made  by  a  payee  for consideration; provided that the term "transfer"
does not include the creation or perfection of a  security  interest  in
structured  settlement payment rights under a blanket security agreement
entered into with an insured depository institution, in the  absence  of
any  action  to  redirect  the  structured  settlement  payments to such
insured depository institution, or an agent  or  successor  in  interest
thereof,  or otherwise to enforce such blanket security interest against
the structured settlement payment rights;
(r) "transfer agreement" means the agreement providing for transfer of
structured settlement payment rights from a payee to a transferee;
(s) "transfer expenses" means all expenses  of  a  transfer  that  are
required  under  the  transfer  agreement  to  be  paid  by the payee or
deducted from the gross advance amount, including,  without  limitation,
court  filing  fees, attorneys fees, escrow fees, lien recordation fees,
judgment and lien search fees, finders'  fees,  commissions,  and  other
payments  to  a broker or other intermediary; "transfer expenses" do not
include preexisting obligations of the payee  payable  for  the  payee's
account from the proceeds of a transfer; and
(t)  "transferee"  means  a  party  acquiring  or proposing to acquire
structured   settlement   payment   rights   through   a   transfer   or
restructuring.