SB 64 — Proceeds of compromise agreements; investment in college savings trust accounts for minors.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2022 SESSION CHAPTER E535 An Act to amend and reenact § 8.01-424 of the Code of Virginia, relating to proceeds of compromise agreements;

R O [S 64] Approved LApril L11, 2022 Be it enacted by the General Assembly of Virginia:

E § 8.01-424.

Approval of compromises on behalf of persons under a disability in suits or actiDnsactions to A.which they are parties.

InA. any action or suit wherein a person under a disability is a party, the court in which the matter is pending shall have the power to approve and confirm a compromise of the matters in controversy on behalf of such party, including claims under the provisions of any liability insurance policy, if such compromise is deemed to be to the interest of the party.

AnyIn orderany action or decreesuit approvingwherein a person under a disability is a party, the court in which the matter is pending shall have the power to approve and confirmingconfirm a compromise of the matters in controversy on behalf of such party, including claims under the provisions of any liability insurance policy, if such the compromise shall be binding upon such party, except that the same may be set aside for fraud.fraud.ming B.

B.In case of damage to the person or property of a person under a disability, caused by the wrongful act, neglect, or default of any person, when death did not ensue therefrom, any person or insurer interested in compromise of any claim for such damages, including any claim under the provisions of any liability insurance policy, may, upon motion to the court in which the action is pending for the recovery of damages on account of such injury, or if no such action is pending, then to any circuit court, move the court to approve the compromise.

In case of damage to the person or property of a person under a disability, caused by the wrongful act, neglect, or default of any person, when death did not ensue therefrom, any personBor insurer interested in compromise of any claim for such damages, including any claim under the 4 pending for the recovery of damages on account of such injury, or if no such action is pending, then to any circuit court, move the court to approve the compromise.

In any compromise action, the court shall direct the payment of the proceeds of the compromise agr1.agreement, when approved, as follows:

1.

and (iii) except in the case of a distribution from the account to be applied toward the minor beneficiary's qualified higher education expenses, as that term is defined in § 529 of the Internal Revenue Code of 1986, as amended, or other applicable federal law, the order or decree approving and confirming the compromise prohibits thetherthe minor beneficiary's parent from making any transfer, withdrawal, termination, or other account transaction unless the court provides prior approval pursuant to a written order;

Where the agreement of settlement provides for payments to be made over a period of time in the future, whether such payments are lump sum, periodic, or a combination of both, the court shall approve the settlement only if it finds that all payments which are due to be made are (i) secured by a bond issued by an insurance company authorized to write such bonds in this Commonwealth or (ii) to by a be made or irrevocably guaranteed by an insurance company or companies authorized to do business in this Commonwealth and rated "A plus" (A+) or better by Best's Insurance Reports.

Payments made under this section, in the case of damage to the person or property of a minor, may be made payable in the discretion of the court to the parent or guardian of the minor to be held in trust for the benefit of the minor.

Any such trust shall be subject to court approval and the court may provide for the termination of such trust at any time following attainment of majority which the court of 2 deems to be in the best interest of the minor.

In an order authorizing the trust or additions to an existing trust, the court may order that the trustee thereof be subject to the same duty to qualify in the clerk's of 2 office and to file an inventory and annual accountings with the commissioner of accounts as would apply to a testamentary trustee.