Settlement Annuity vs. CDs

Frequently Asked Question

Structured Settlement Annuity

CDs

What types of securities/insurance products support the payments?

A fixed annuity contract issued by a life insurance company.

A debt instrument issued by a bank. Maturity options range from a few weeks to several years.

Can this option provide a stable, lifetime income?

Yes. Payments and distribution schedule are determined up front. Can provide a dependable, predictable income stream that you cannot outlive.

No. Pays a fixed rate of interest that accumulates in the account for the duration of the CD. Relatively low returns and penalties for early withdrawals make CDs inefficient for providing an adequate income stream.

Is there a guarantee with this option?

Yes. The annuity issuer guarantees payments, according to the terms of the structured settlement agreement.

Yes. The Federal Deposit Insurance Corporation (FDIC) insures CD deposits (up to $250,000 through 2013, $100,000 thereafter).

What are the costs and fees associated with this option?

No cost to annuitant.

No commissions apply, although there is a penalty for early withdrawal of funds.

Will this option keep pace with inflation?

A cost-of-living adjustment (COLA) feature is available that can help offset the effects of inflation. This option must be elected when the settlement is designed.

Unlikely, since CDs are considered a low-risk/low-yield investment.

What are the tax consequences?

Income provided by a qualified structured settlement is TAX-FREE, provided the damages received as periodic income (other than punitive damages) are the result of personal physical injuries or physical illness.

Earnings are fully taxable.

Is this option affected by market fluctuations?

No. Benefit payments are determined and fixed at the time the annuity contract is issued.

Yield will depend on interest rates, which are determined by competitive forces in the market. These tend to be short-term investments that may actually produce a lower income if interest rates decline.

Can I make changes to this option after I select it?

No. The payment amount and schedule are fixed and may not be changed or accelerated.  Under certain hardship situations and pursuant to court order, payments may be sold in whole or in part for cash at a discount.

Although it is possible to withdraw assets prior to maturity, there generally is a penalty for early withdrawal.