Disability Law

S2P2J Release 45

By Patrick Hindert

Release 45 of "Structured Settlements and Periodic Payment Judgments" (S2P2J) is now available from publisher Incisive Media. Incisive Media purchased ALM (American Lawyer Media) in 2008 including publishing rights to S2P2J.

Co-authored by Daniel W. Hindert, Joseph J. Dehner and Patrick J. Hindert, S2P2J was first published in 1986 with 45 semi-annual updates. NSSTA and SSP both utilize S2P2J in their certification programs.

New S2P2J chapters since 2001:

• Chapter 15: "Government Benefits and Structured Settlements"
• Chapter 16: "Transfers of Structured Settlement Payment Rights"

Recently expanded S2P2J sections:

• Section 3.06A: "Non-Qualified Assignments"
• Section 3.07A: "Settlement Trusts"
• Section 6.02: "Structured Settlement Consultants"

S2P2J Release 45 features a new and expanded Section 3.08B discussion of Section 468B settlement funds. This up-to-date analysis includes:

• A practical explanation of Section 468B settlement funds;
• When and how to use them;
• Statutory and regulatory background for designated settlement funds (DSFs) and qualified settlement funds (QSFs);
• Discussion of the Tenth Circuit decision in United States v. Brown validating the settlement QSF regulations;
• Mechanics of settling up, operating and winding down Section 468B settlement funds;
• Summary of how Section 468B settlement funds are taxed under federal and state income tax laws;
• Sample terms of fund administration;
• Recommendations when evaluating the proposed terms of settlement fund administration;
• Practice pointers for courts, litigators, and fund administrators as they define their 468B duties and responsibilities.

Concurrent with the recent publication of Robert W. Wood's legal treatise, "Qualified Settlement Funds and Section 468B", S2P2J Release 45 underscores how important 468B funds are for structured settlements and settlement planning. Both professional communities need more and improved education about 468B funds. So do judges, trial attorneys, mediators, trustees and guardians. Robert Wood's book and S2P2J Release 45 substantially upgrade the available learning resources.

S2KM's review of Robert Wood's 468B book: "Robert Wood and 468B Funds".

Robert Wood's commentary about 468B funds:"Robert Wood QSF Interview".

Full post as published by Beyond Structured Settlements on March 24, 2009 (boomark / email).