(1) A payee may transfer payment rights under ORS 33.850 to 33.875 if:
(a) The payee is domiciled in this state;
(b) The domicile or principal place of business of the obligor or the annuity issuer is located in this state;
(c) The structured settlement agreement was approved by a court or responsible administrative authority in this state; or
(d) The structured settlement agreement is expressly governed by the laws of this state.
(2) Prior to transferring payment rights under ORS 33.850 to 33.875, the transferee shall file an application for approval of the transfer in:
(a) The county in which the payee resides;
(b) The county in which the obligor or the annuity issuer maintains its principal place of business; or
(c) Any court or before any responsible administrative authority that approved the structured settlement agreement.
(3) Not less than 20 days prior to the scheduled hearing on an application for approval of a transfer of payment rights, the transferee shall send notice of the proposed transfer to:
(a) The payee;
(b) Any beneficiary irrevocably designated under the annuity contract to receive payments following the payee’s death;
(c) The annuity issuer;
(d) The obligor; and
(e) Any other party that has continuing rights or obligations under the structured settlement agreement that is the subject of the hearing.
(4) The notice sent under subsection (3) of this section shall include:
(a) A copy of the transferee’s application.
(b) A copy of the transfer agreement.
(c) A copy of the disclosure statement provided to the payee as required under ORS 33.860.
(d) A listing of each person for whom the payee is legally obligated to provide support, including the age of each of those persons.
(e) Notification that any person receiving notice under subsection (3) of this section is entitled to support, oppose or otherwise respond to the transferee’s application, either in person or by counsel, by submitting written comments to the court or responsible administrative authority or by participating in the hearing.
(f) Notification of the time and place of the hearing and notification of the manner in which and the time by which written responses to the application must be filed, which shall not be less than 15 days after service of the transferee’s notice, in order to be considered by the court or responsible administrative authority. [2005 c.173 §2]
Note: See note under 33.850.
Section: Previous 33.510 33.520 33.530 33.610 33.710 33.720 33.810 33.820 33.830 33.850 33.855 33.860 33.865 33.870 33.875 NextLast modified: August 7, 2008