Interest Rate Linked Structured Settlements | How They Work

John Darer • March 31, 2020

 Lump Sums Automatically Convert to Income If Rates Rise 

interest rate  linked structured settlement


Pandemic Era Structured Settlement Innovation


Interest Linked Structured Settlements evolved as a Pandemic era response to Consumer Fear of Missing Out on potentially higher future rates, by two related life insurers then under what was known as the AIG LIfe & Retirement Division.  Deferred lump sums a common component of structured settlement architecture.  However these lump sums have the ability to get triggered. Conceptually, the structured settlement payee will get the lump sum at the end of the benefit stream if interest rates go down, OR trigger a potential extended tax-free benefit with a period certain if rates rise.  Interest Rate Linked Structured Settlements offered an excellent opportunity for a payee to diversify their benefits with unlimited upside (there is no cap on how high one company will credit interest rates if they rise) and a known, limited downside.  


What is a Structured Settlement Bond Simulation?


Bond simulations are a popular structured settlement cash flow strategy that combines a period certain annuity with a deferred lump sum to mimic the cash flow of a bond held to maturity. The strategy can be implemented with a single life insurer writing the period certain and deferred lump sums, or separate insurers each writing one of the two cash flows.  Structured settlement brokers and settlement planners have used this as a strategy for years.


The Traditional Structured Settlement Bond Simulation Ladder


A structured settlement bond simulation ladder is

where you combine two or more bond simulations of different durations.

For example:


$2,500/month for 10 years followed by a lump sum equal to the cost of the income and lump sum in 10 years;

$3,000/month for 15 years followed by a lump sum equal to the cost of the income and lump sum in 15 years;

$4,000/month for 20 years followed by a lump sum equal to the cost of the income and lump sum in 20 years; and so on

Note: Your settlement agreement would need to be more specific, but this is just to give you an idea of the concept.


What Options Were Available with an Interest Rate Linked Structured Settlement?


Deferral Options

   You pick the deferral period for the lump sum from a choice of  5, 10, 15, 20  years

Income Options

    You pick the income certain period 10, 15, 20, 25 or 30 years, to go into effect if the Reference Rate at the end of the deferral period is greater than when the annuity was established. 

 

IRS Private Letter Ruling 202127039 (April 14, 2021)


  1. "The periodic Subject Payments of damages that Minor will receive are fixed and determinable as to amount and time of payment within the meaning of § 130(c)(2)(A) even though they are calculated pursuant to an objective formula based on the performance of 10-year United States Treasury Bond Yield Rate. In addition, the other requirements of § 130(c) have also been met. Accordingly, the assignment entered into pursuant to the Assignment Agreement is a qualified assignment under § 130(c).
  2. The Annuity purchased by the Assignee qualifies as a qualified funding asset under § 130(d)".


Read IRS PLR 202127039 Now


What is a Qualified Funding Asset under IRC 130(d)?


"For purposes of this section, the term “qualified funding asset” means any annuity contract issued by a company licensed to do business as an insurance company under the laws of any State, or any obligation of the United States, if

  1. such annuity contract or obligation is used by the assignee to fund periodic payments under any qualified assignment,fund periodic payments under any qualified assignment,
  2. the periods of the payments under the annuity contract or obligation are reasonably related to the periodic payments under the qualified assignment, and the amount of any such payment under the contract or obligation does not exceed the periodic payment to which it relates,
  3. such annuity contract or obligation is designated by the taxpayer (in such manner as the Secretary shall by regulations prescribe) as being taken into account under this section with respect to such qualified assignment, and
  4. such annuity contract or obligation is purchased by the taxpayer not more than 60 days before the date of the qualified assignment and not later than 60 days after the date of such assignment".  Source: Internal Revenue Code of 1986, as amended


Last updated March 16, 2024





This web site is not endorsed by, directly affiliated with, maintained, authorized, or sponsored by any insurance or other company referenced herein. All products, services and company names are the registered trademarks of their original owners. The use of any trade name or trademark is for identification and reference purposes only and does not imply any association, sponsorship or endorsement between the trademark holder and the operators of this web site.



USAA structured settlements
By John Darer July 16, 2025
USAA Life Insurance Company, an A++ rated insurance company, issues structured settlement annuities with 1%, 2% and 3% COLAs. USAA Life structured settlements are exceptionally compatitive on lifetime benefit payments with long duration certain periods for ages under 35.
MetLife Structured Installment Sales Now Available in New York
By John Darer July 8, 2025
Owners of highly appreciated NY businesses or NY real estate may benefit from a structured installment sale tax deferral program as an alternative to a 1031 exchange. MetLife's structured installment sale program is now available in NY and in all 50 states. Call 888-325-8640 for more info
what is a qualified assignment
By John Darer July 8, 2025
A qualified assignment is part of the process to establish a structured settlement that enables a Defendant, Insurer, or Qualified Settlement Fund, to achieve a complete novation of the future periodic payment claim established by suit or agreement, through a substitution of obligors.
structured settlement annuity
By John Darer July 2, 2025
An annuity and a structured settlement walked into a bar, how do you tell them apart? 4structures' John Darer reviews the differences for you right here.
lifetime structured settlement annuity lake tahoe
By John Darer July 2, 2025
A lifetime structured settlement annuity turns part of your settlement recovery  into guaranteed income you can’t outlive that is contractually guaranteed by a regulated life insurance company. A lifetime annuity is sometimes referred to as longevity insurance.
Budgeting and Settlement Planning
By John Darer July 1, 2025
Structured settlement annuities can be very helpful to the budgeting process by providing guaranteed income streams and deferred lump sum payments tailored to specific budget needs and time frames identified in the settlement planning process.
secondary market annuity
By John Darer June 28, 2025
Structured settlement receivables are often deceptfully marketed to investors as annuities. When the originating structured settlement factoring company buys structured settlement payments in a structured settlement factoring transaction, they are buying a receivable not an annuity.
constructive receipt structured settlement
By John Darer June 21, 2025
Avoid constructive receipt if a structured settllement or structured attorney fee is to be established. Care must be taken to avoid constructive receipt.
USAA Life Insurance Company structured settlements
By John Darer June 9, 2025
Financial services provider USAA ranks 94th on Fortune 500. USAA Life Insurance Company, which earns the top rating of A++ from AMBest is often super competitive on longer term payment streams.
Prudential Income Advantage Indexed Structured Settlement Annuity
By John Darer June 2, 2025
John Darer reviews Prudential Income Advantage structured settlement annuity, which provides indexed structured settlement annuity option with the potential to grow personal injury settlement funds while offering protection from market declines. 2 IRS Private Letter Rulings!
More Posts