STRUCTURED SETTLEMENT PROPOSAL
Tax-Free Periodic Payment Settlement Option
SECTION 1: INTRODUCTION
This proposal presents a structured settlement option for the personal injury claim of:
Claimant: [________________________________]
Date of Birth: [________________________________]
Date of Incident: [________________________________]
Case/Claim Number: [________________________________]
A structured settlement converts a lump-sum settlement into a series of tax-free periodic payments tailored to the claimant's specific needs and circumstances.
SECTION 2: SETTLEMENT SUMMARY
A. Total Settlement Value
| Component | Amount |
|---|---|
| Cash at Closing | $[________] |
| Cost of Annuity | $[________] |
| TOTAL SETTLEMENT | $[________] |
B. Payment Components
This proposed settlement consists of:
☐ Lump Sum Cash Payment(s): $[________]
☐ Structured Settlement Annuity: $[________] (cost)
☐ Medicare Set-Aside (if applicable): $[________]
SECTION 3: STRUCTURED SETTLEMENT BENEFITS
A. Tax Advantages
Under Internal Revenue Code Section 104(a)(2):
☐ All periodic payments are 100% federal and state income tax-free
☐ Investment earnings within the annuity grow tax-free
☐ No capital gains tax on appreciation
☐ Tax-free treatment extends for the life of the structure
Example Tax Savings:
| Scenario | Lump Sum Invested | Structured Settlement |
|---|---|---|
| Initial Amount | $[________] | $[________] |
| 20-Year Return (estimated) | $[________] | $[________] |
| Taxes Paid | ($[________]) | $0 |
| Net After-Tax Value | $[________] | $[________] |
B. Financial Security
☐ Guaranteed payments regardless of market conditions
☐ Cannot be lost to bad investments
☐ Protected from creditors in many states
☐ Cannot be spent impulsively
☐ Provides long-term financial stability
C. Flexibility
☐ Payments can be designed for any purpose
☐ Timing and amounts customized to claimant's needs
☐ Can include lump sums at specific intervals
☐ Can increase over time to account for inflation
☐ Can provide lifetime income with period certain
SECTION 4: PROPOSED PAYMENT STRUCTURE
A. Immediate Cash Needs
Lump Sum at Closing:
| Purpose | Amount |
|---|---|
| Attorney Fees | $[________] |
| Case Costs | $[________] |
| Lien Payments | $[________] |
| Immediate Medical/Expenses | $[________] |
| Cash to Claimant | $[________] |
| TOTAL CASH AT CLOSING | $[________] |
B. Periodic Payments
Monthly Income:
| Period | Monthly Amount | Annual Total |
|---|---|---|
| Years 1-5 | $[________] | $[________] |
| Years 6-10 | $[________] | $[________] |
| Years 11-20 | $[________] | $[________] |
| Lifetime (age [__]+) | $[________] | $[________] |
C. Lump Sum Payments
| Payment Date | Purpose | Amount |
|---|---|---|
| [Date/Age] | [Purpose] | $[________] |
| [Date/Age] | [Purpose] | $[________] |
| [Date/Age] | [Purpose] | $[________] |
| [Date/Age] | [Purpose] | $[________] |
D. Future Medical Fund (if applicable)
| Payment Date | Amount | Purpose |
|---|---|---|
| [Date] | $[________] | Future surgery |
| [Date] | $[________] | Medical equipment |
| [Date] | $[________] | Long-term care |
SECTION 5: DETAILED PAYMENT SCHEDULE
Proposed Structure #1: [Name - e.g., "Income for Life"]
Annuity Cost: $[________________________________]
Payment Schedule:
| Payment # | Date | Amount | Running Total |
|---|---|---|---|
| 1 | [____] | $[________] | $[________] |
| 2 | [____] | $[________] | $[________] |
| 3 | [____] | $[________] | $[________] |
| ... | ... | ... | ... |
Guaranteed Payments: [____] years
Life Contingent: ☐ Yes ☐ No
Total Guaranteed Benefits: $[________________________________]
Total if Life Expectancy Met: $[________________________________]
Proposed Structure #2: [Alternative Option]
Annuity Cost: $[________________________________]
[Include alternative payment schedule]
Proposed Structure #3: [Medicare Set-Aside Funded]
Annuity Cost: $[________________________________]
MSA Payments:
| Period | Amount | Cumulative |
|---|---|---|
| Year 1 | $[________] | $[________] |
| Year 2 | $[________] | $[________] |
| [Continue] | $[________] | $[________] |
Total MSA Funding: $[________________________________]
SECTION 6: ANNUITY DETAILS
A. Issuing Company
Annuity Issuer: [________________________________]
Rating: [A.M. Best: ___] [S&P: ___] [Moody's: ___]
State of Domicile: [________________________________]
B. Assignment Company
Qualified Assignee: [________________________________]
This assignment complies with IRC Section 130 requirements
C. Payment Terms
First Payment Date: [________________________________]
Payment Frequency: ☐ Monthly ☐ Quarterly ☐ Annual ☐ Other
Payment Day: [________________________________]
Last Guaranteed Payment: [________________________________]
Life Contingent Payments End: Death of Annuitant
D. Beneficiary Provisions
Primary Beneficiary: [________________________________]
Contingent Beneficiary: [________________________________]
Death Before Guaranteed Period Ends:
☐ Remaining guaranteed payments continue to beneficiary
☐ Commuted value paid to beneficiary/estate
SECTION 7: SPECIAL PROVISIONS
A. Cost of Living Adjustment (COLA)
☐ Not included
☐ Included: [___]% annual increase starting [DATE]
B. Rated Age (if applicable)
Due to claimant's medical condition, a rated age may provide enhanced benefits:
Actual Age: [____]
Rated Age: [____]
Benefit Enhancement: [___]%
C. Acceleration Rights
☐ No acceleration permitted (standard)
☐ Limited acceleration available under [circumstances]
D. Assignment/Sale Restrictions
Payments cannot be sold, assigned, or factored to a third party except as permitted by applicable state structured settlement protection acts.
SECTION 8: COMPARISON ANALYSIS
A. Lump Sum vs. Structured Settlement
| Factor | Lump Sum | Structured |
|---|---|---|
| Initial Amount | $[________] | $[________] |
| Tax on Earnings | Taxable | Tax-Free |
| Investment Risk | Client bears | Insurance company |
| Guaranteed Payments | No | Yes |
| Spendthrift Protection | No | Yes |
| Creditor Protection | Limited | Enhanced |
| Flexibility | High | Moderate |
B. Long-Term Value Comparison
Assuming [___]% investment return for lump sum:
| Year | Lump Sum Value | Structured Cumulative |
|---|---|---|
| 5 | $[________] | $[________] |
| 10 | $[________] | $[________] |
| 20 | $[________] | $[________] |
| 30 | $[________] | $[________] |
SECTION 9: MEDICARE SET-ASIDE FUNDING
A. MSA Amount
CMS-Approved MSA Amount: $[________________________________]
OR Calculated MSA Amount: $[________________________________]
B. MSA Funding Options
☐ Option 1: Lump Sum Seed + Periodic Payments
- Initial deposit: $[________]
- Annual payments: $[________] for [___] years
- Total funding: $[________]
☐ Option 2: Periodic Payments Only
- Monthly payments: $[________] for [___] years
- Total funding: $[________]
☐ Option 3: Full Lump Sum Funding
- Single payment: $[________]
C. MSA Administration
☐ Self-administered by claimant
☐ Professional MSA administrator: [________________________________]
☐ Annual reporting to CMS required
SECTION 10: REQUIREMENTS FOR STRUCTURED SETTLEMENT
A. Legal Requirements
☐ Defendant/insurer makes payment to qualified assignee
☐ Qualified assignment under IRC Section 130
☐ Claimant has no constructive receipt of funds
☐ Claimant cannot accelerate, defer, or increase payments
☐ Assignment company funds annuity with rated life insurance company
☐ All parties execute required documents
B. Documentation Required
☐ Settlement Agreement (with structured settlement provisions)
☐ Qualified Assignment Agreement
☐ Annuity Application
☐ Release
☐ W-9 for each payee
☐ Court approval (if minor or incapacitated)
SECTION 11: IMPLEMENTATION TIMELINE
| Step | Responsible Party | Deadline |
|---|---|---|
| Settlement agreement executed | All parties | [____] |
| Structure quote finalized | Broker | [____] |
| Qualified assignment executed | Assignee | [____] |
| Annuity funded | Defendant/Insurer | [____] |
| First payment issued | Annuity company | [____] |
SECTION 12: CLIENT ACKNOWLEDGMENTS
I, [CLIENT NAME], acknowledge and understand:
☐ I have been fully informed about both lump sum and structured settlement options.
☐ I understand that once the structured settlement is funded, I cannot change, accelerate, or cash out the periodic payments.
☐ I understand that the periodic payments are guaranteed by the life insurance company, not by the defendant or my attorney.
☐ I have been advised to consult with a tax advisor and/or financial planner regarding this settlement.
☐ I understand the tax advantages of structured settlements under IRC 104(a)(2).
☐ I have voluntarily chosen to receive a portion of my settlement as a structured settlement.
☐ I have had the opportunity to ask questions and have had all questions answered to my satisfaction.
Client Signature: _________________________________ Date: ______________
Printed Name: _________________________________
SECTION 13: STRUCTURED SETTLEMENT BROKER
Broker Name: [________________________________]
Company: [________________________________]
License Number: [________________________________]
Phone: [________________________________]
Email: [________________________________]
This proposal was prepared by a licensed structured settlement consultant.
SECTION 14: QUOTATION VALIDITY
This quotation is valid until: [________________________________]
Rates are subject to change based on market conditions. Final rates will be locked when the annuity is funded.
SECTION 15: SUMMARY
Settlement Package Summary
| Component | Amount |
|---|---|
| CASH PAYMENTS | |
| Attorney Fees | $[________] |
| Costs | $[________] |
| Liens | $[________] |
| Cash to Client | $[________] |
| Total Cash | $[________] |
| STRUCTURED PAYMENTS | |
| Annuity Cost | $[________] |
| Total Guaranteed Benefits | $[________] |
| TOTAL SETTLEMENT | $[________] |
APPENDIX A: PAYMENT SCHEDULE (DETAILED)
[Attach complete payment schedule from broker]
APPENDIX B: ANNUITY COMPANY INFORMATION
[Attach annuity company ratings and financial information]
APPENDIX C: SAMPLE DOCUMENTS
[Attach sample assignment and settlement documents]
| Field | Entry |
|---|---|
| File Number | [________________] |
| Broker | [________________] |
| Quote Date | [________________] |
| Quote Valid Until | [________________] |
| Annuity Cost | $[________________] |
| Total Benefits | $[________________] |
About This Template
Jurisdiction-Specific
This template is drafted for general use across all U.S. jurisdictions. State-specific versions with local statutory references are also available.
How It's Made
Drafted using current statutory databases and legal standards for personal injury. Each template includes proper legal citations, defined terms, and standard protective clauses.
Important Notice
This template is provided for informational purposes. It is not legal advice. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Last updated: February 2026