Category: State SSPA Guides

California has one of the most comprehensive Structured Settlement Protection Acts in the country. Codified at California Insurance Code §§ 10134–10139.5, the CSSPA imposes strict disclosure requirements, prohibits predatory contract provisions, and requires court approval plus notification to the state Attorney General for every transfer. Companies operating in California must understand these requirements thoroughly—violations can void transfer agreements entirely.

📜 Governing Statute

The California Structured Settlement Protection Act is found at Insurance Code §§ 10134 through 10139.5. Originally enacted in 1999 (Stats. 1999, Ch. 742), the Act was substantially strengthened in 2009 through SB 510 (Stats. 2009, Ch. 593), which added consumer protections including prohibited contract provisions, mandatory independent professional advice funding, and enhanced disclosure requirements.

Note that structured settlements arising from medical malpractice cases (under Code of Civil Procedure § 667.7) or government entity defendants (Government Code §§ 970.6 or 984) are excluded from most CSSPA provisions, though they must still comply with the prohibited contract provisions of § 10138.

📋 Key Definitions

Several definitions in § 10134 are critical for compliance:

Discounted Present Value must be calculated using the most recently published Applicable Federal Rate (AFR) for determining the present value of an annuity, as issued by the IRS. This is a mandatory standard—companies cannot substitute their own discount methodology for this disclosure.

Effective Equivalent Interest Rate is the annualized rate of interest on the net advance amount, calculated by treating the transferred structured settlement payments as if they were installment payments on a loan. This rate must be prominently disclosed to the payee.

Independent Professional Advice means advice from an attorney, CPA, actuary, or other licensed professional who is engaged by the payee (not the transferee), and whose compensation is not contingent on whether the transfer occurs. The transferee may not refer the payee to a specific advisor, though they may refer the payee to a lawyer referral service operated by a state or local bar association.

📄 Disclosure Requirements (§ 10136)

At least three days before the payee signs the transfer agreement, the transferee must provide a separate written disclosure statement in bold type no smaller than 14 points that includes:

• The amounts and due dates of all structured settlement payments to be transferred
• The aggregate amount of the payments being transferred
• The discounted present value of the payments (using the AFR)
• The gross advance amount
• An itemized listing of all applicable transfer expenses
• The net advance amount
• The effective equivalent interest rate, disclosed in a specific statutory format
• The applicable federal rate used in calculating the discounted present value
• The amount of any penalties or liquidated damages for breach or default

The disclosure must also include statements advising the payee to seek independent professional advice and informing them that the transferee will pay up to $1,500 for the payee’s independent counsel, CPA, or actuary fees—regardless of whether the transfer is approved.

🚫 Prohibited Contract Provisions (§ 10138)

California prohibits a broad range of predatory contract terms. Any inclusion of these provisions makes them void and unenforceable. Prohibited provisions include:

• Waiver of the seller’s right to sue
• Indemnification of the buyer by the seller
• Waiver of garnishment protections
• Confidentiality clauses
• Confession of judgment provisions
• Penalty clauses for seller’s failure to complete the transaction
• Seller liability for buyer’s tax obligations
• Choice of law provisions selecting a state other than California
• Forum selection clauses outside California
• Waiver of rights under the CSSPA
• Security interests exceeding the actual transfer amount
• Buyer’s first right of refusal for future transfers

These restrictions cannot be waived by agreement of the parties.

⚖️ Court Approval Process (§ 10139.5)

Every transfer of structured settlement payment rights must be approved by a court order. The court must make express written findings that:

• The transfer is fair and reasonable and in the best interest of the payee, taking into account the welfare and support of the payee’s dependents
• The payee has been advised in writing to seek independent professional advice regarding the transfer and has either received such advice or knowingly waived the right to receive it
• The transfer does not contravene any applicable statute or court order

🏢 Attorney General Notification (§ 10139)

At the time of filing the petition for court approval, the transferee must file with the California Attorney General copies of the petition, the written disclosure statement, the transfer agreement, and—unless exempted—the annuity contract, qualified assignment agreement, and underlying structured settlement agreement. The AG’s office has standing to raise objections to the proposed transfer.

🏛️ Filing and Venue

Petitions are typically filed in the county where the payee resides, or in the county where the underlying tort claim was settled or adjudicated. California’s large court system means processing times vary significantly by county. Los Angeles, San Francisco, and San Diego counties generally have established procedures for structured settlement transfer petitions, while smaller counties may have less familiarity with these filings.

💡 Practical Considerations for Companies

California’s CSSPA is notably more restrictive than most other states’ SSPAs. Key compliance considerations include:

• AG notification adds time and scrutiny—budget additional processing time and ensure all filings are complete before submission
• The $1,500 independent advice requirement is mandatory—transferees must offer to pay for the payee’s professional advice regardless of outcome
• Prohibited provisions are strictly enforced—a single prohibited clause can void the entire transfer agreement
• Workers’ compensation structured settlements are excluded—they cannot be transferred under the CSSPA
• County-level variation—establish relationships with local counsel familiar with specific court procedures in the counties where you file most frequently

📋 Statutory References

• California Insurance Code §§ 10134–10139.5
• SB 510 (Stats. 2009, Ch. 593) — Major CSSPA amendments
• Code of Civil Procedure § 667.7 — Medical malpractice structured settlements
• Government Code §§ 970.6, 984 — Government entity structured settlements

⚠️ Disclaimer: This guide provides general information about California structured settlement law for educational purposes only. It does not constitute legal, financial, or tax advice. Laws change — always verify with current state statutes and consult a licensed attorney. Read full disclaimer →