Who is allowed to make the qualified assignment of the future payment obligation?
According to section 130 of the Code, “the assignee assumes such liability from a person who is a party to the suit or agreement, or the workmen’s compensation claim.” Also, a designated settlement fund (DSF) established under IRC § 468B or a qualified settlement fund (QSF) established under Treasury Regulations § 1.468B-1, which has assumed the tort liability from the original party, may stand in the shoes of the original party and make a qualified assignment.