by John Darer CLU ChFC MSSC RSP CLTC
If you’ve lost the original settlement documents related to your structured settlement payments, you may be able to get copies of the documents from the annuity issuer that is making structured settlement payments to you, or its related qualified assignment company. Such documents would need to be retained on file to support the transaction because the IRC 130(c) tax exclusion applies to the qualified assignment company.
For Executive Life Insurance Company of New York (ELNY), Read This
If the annuity issuer happens to be Executive Life Insurance Company of New York, a/k/a “ELNY“, such structured settlement documents would have had to have been part of the cache seized when the company was taken over by New York regulators in April 1991, and may be in the possession of Guaranty Association Benefits Company (GABC), the successor company after ELNY was liquidated in August 2013.
Guaranty Association Benefits Company (GABC) : Welcome (gabenefitsco.com)
The structured settlement documents would likely include
- Settlement Agreement and Release
- Qualified Assignment (increasingly, but not exclusively, used in legal case resolution with structured settlements from 1983)
- Court Order, if infant’s compromise settlement
- Surrogate Decree, if death case in New York. May go under Probate or other name in other states.
- Copy of trust document, if payee is a trust
- Records of beneficiary changes
John Darer of 4structures.com, LLC, a Stamford CT structured settlement and settlement planning firm, who works with folks all over the USA (where licensed), has compiled a list of customer service phone numbers for current and former structured settlement annuity companies for your convenience.
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