The provisions of sections 25-3103 to 25-3105 may not be waived. No payee who proposes to make a transfer of structured settlement payment rights shall incur a penalty, forfeit an application fee or other payment, or otherwise incur any liability to the proposed transferee based on the failure of the transfer to satisfy the conditions of section 25-3104.
§ 25-3106.Waiver prohibited; failure to meet conditions; effect.
Article 31: Structured Settlements Transfers Protection Act and Nebraska Statutory Thresholds for Settlements Involving Minors Act · Last amended 2001 · Last verified July 22, 2026
In one sentenceThis section forbids waiving the disclosure, court-approval, and notice requirements of the Structured Settlements Transfers Protection Act, and shields a payee from penalties, forfeited fees, or other liability when a proposed transfer fails to meet those requirements.
Full Text of § 25-3106
Source
Laws 2001, LB 55, § 6.
Plain-English Summary
Section 25-3106 closes a loophole a transferee might otherwise try to write into a contract. The requirements in sections 25-3103 to 25-3105 — the definitions, the court-approval and disclosure standards, and the notice and hearing procedure — cannot be waived, no matter what a payee signs. A payee facing a company eager to close a deal cannot be talked into giving up the Act’s protections by agreement.
The section also protects a payee whose proposed transfer does not go through. If a transfer fails to satisfy the conditions section 25-3104 sets, the payee does not incur a penalty, forfeit an application fee or other payment already made, or otherwise become liable to the would-be transferee because the deal fell through.
Frequently Asked Questions
Can a payee agree in a contract to waive the Act’s disclosure or court-approval requirements?
What happens to a payee’s application fee if a proposed transfer doesn’t get approved?
The payee does not forfeit it. The section bars any forfeiture, penalty, or other liability tied to a transfer that fails to satisfy section 25-3104’s conditions.
Can a transferee penalize a payee for a transfer that fails to meet the Act’s conditions?
No. The payee incurs no penalty or other liability based on that failure.
Which sections’ requirements does this waiver ban cover?
Why does the Act include a no-waiver rule?
To keep a transferee from using contract language to strip away protections the Act gives the payee, even with the payee’s signature.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
Also known as: structured settlement waiver ban nebraskano penalty failed transfer nebraskaprotecting payee structured settlement actstructured settlement requirements cannot be waived