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

Indiana § 34-13-3-23

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 13: CAUSES OF ACTION: CLAIMS AGAINST THE
• Ch. 3: Tort Claims Against Governmental Entities and Public

Text

(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.
[Pre-1998 Recodification Citation: 34-4-16.5-21.]

Legislative History

As added by P.L.1-1998, SEC.8.