Frequently Asked Questions
FAQ
Structured Settlement vs. Bank Trust
What types of securities/insurance products support the payments?
Structured Settlements | Bank Trust |
A fixed annuity issued by a life insurance company. Assets are invested in the insurance company’s general account. | For cases involving incompetent individuals, minors or serious injuries, investments may be restricted to federally insured products (i.e., Certificates of Deposit). For other cases, any investment may be used - fixed income, stocks, bonds, and mutual funds. These securities are not F.D.I.C. Insured. |
Can this option provide a stable, lifetime income?
Structured Settlements | Bank Trust |
Yes. Payments and distribution schedule are determined up front. Can provide a dependable, predictable income stream that you cannot outlive. | Any income or return will depend on the type and performance of the underlying investments. |
Is there a guarantee with this option?
Structured Settlements | Bank Trust |
Yes. The annuity issuer guarantees payments according to the terms of the structured settlement agreement. | Federal Deposit Insurance Corporation (FDIC) insures up to $100,000 on Treasuries and C.D.’s. Any other investments are NOT guaranteed. |
What are the costs and fees associated with this option?
Structured Settlements | Bank Trust |
No cost to annuitant. | Bank management fee of 101.25% asset value per year, every year. Transaction processing costs for securities purchases. Management fees from the various securities in which the Trust invests (i.e. 12(b) 1 fees on mutual funds). |
Will this option keep pace with inflation?
Structured Settlements | Bank Trust |
Yes, with a Cost-of-Living-Adjustment (COLA) feature. | It depends on the performance of the underlying securities. |
What are the tax consequences?
Structured Settlements | Bank Trust |
Income provided by the fixed annuity is TAX-FREE, provided the damages received as periodic income (other then punitive damages) are the result of personal physical injuries or physical illness. | All income generated is FULLY TAXABLE (except some income from tax-free Municipal Bonds). Capital gains taxes apply when securities are sold. |
Is this option affected by market fluctuations?
Structured Settlements | Bank Trust |
No. Benefit payments are determined and fixed at the time the annuity contract is issued. | Payment amounts are fixed, but how long they last may be affected by the performance of the underlying securities. |
Can I make changes to this option after I select it?
Structured Settlements | Bank Trust |
No. The payment amount and schedule are fixed and may not be changed or accelerated. | No. The payment amount and schedule are fixed and may not be changed or accelerated. |