§ 34-13-3-23 Structured settlement; discharge; limits

Codes > Indiana Code > Title 34 > Article 13 : Chapter 3 > 34-13-3-23 Structured

34-13-3-23 Structured settlement; discharge; limits

    Sec. 23. (a) With the consent of the claimant, a political subdivision may compromise or settle a claim or suit by means of a structured settlement under this section.

    (b) A political subdivision may discharge settlement of a claim or suit brought under this chapter by:

        (1) an agreement requiring periodic payments by the political subdivision over a specified number of years;

        (2) the purchase of an annuity;

        (3) by making a “qualified assignment” of the liability of the political subdivision as defined by the provisions of 26 U.S.C. 130(c);

        (4) payment in a lump sum; or

        (5) any combination of subdivisions (1) through (4).

    (c) The present value of a structured settlement shall not exceed the statutory limits set forth in section 4 of this chapter; however, the periodic or annuity payments may exceed these statutory limits. The present value of any periodic payments may be determined by discounting the periodic payments by the same percentage as that found in Moody's Corporate Bond Yield Average Monthly Average Corporates, as published by Moody's Investors Service, Incorporated.