Problems plague new teacher rotation plan for poor rural areas

VietNamNet Bridge – A new teacher rotation project is facing some controversy. Director of the Institute for Educational Studies Prof Dinh Quang Bao spoke to Nong Thon Ngay Nay (Countryside Today) newspaper on the issue.

How do you evaluate the rotation project for teachers in disadvantaged areas?

Living conditions for these teachers needs to be improved so they can concentrate on their work.

For many years, the rotation of teachers from cities to remote and mountainous areas and vice versa was due to the State’s requirements and teachers’ aspirations, as well as volunteerism. However, it’s hard to bring volunteers from advantageous areas to poorer, more rural ones. Therefore, intervention from State administrative agencies in this issue is very necessary.

It should not be obligatory, but rather based on voluntary participation. I believe that there are still many teachers who are fearless of the hardships associated with moving to more disadvantaged areas.

Has this project caused any problems in educational quality?

Sometimes, yes. An extensive knowledge of local languages, customs and traditions is required for qualified teachers. As a matter of fact, teachers play the most important role in improving the quality of education. Newly rotated teachers would surely need more time to get to know new work areas.

How does the rotation project affect teachers?

If teachers rotate every five years, they, especially those who are moved to remote and mountainous areas from cities, will not be able to keep their minds on their work, as it takes one year for them to become familiar with the new place, and the second and third years to do the tasks and then from the fourth year onwards, they will be wondering where they will go next, as their five years will already soon be up. How can the teachers concentrate on their work under these conditions?

If this project is implemented, who do you think should be moved to these disadvantaged areas?

It would be better to send highly qualified teachers to poorer, rural areas, where they cannot only teach the children but also impart their experience and knowledge to other local educators.

However, in my opinion, local teachers should stay in their hometowns. A proper training strategy is required for these regions so that qualified teachers can be recognised. They will be the ones who help train other teachers. Co-ordinated training between teachers is best through the sharing information and experiences.

What are your proposals for this issue?

The State and Government need to simultaneously realise two things.

First, we would better appeal to teacher volunteers. I reaffirm my strong belief that there are still many volunteers who are willing to work in disadvantaged areas. For these people, the State and Government should have incentive polices such as an increased income and better assistance.

Additionally, living conditions for these teachers needs to be improved so they can concentrate on their work. Besides, it’s essential to work out policies for attracting teachers from advantaged areas as well as internal training in disadvantaged areas.

Secondly, we need to make teachers to participate in the rotation, as the shortage of educators in poor, rural areas is a serious problem. Regarding this issue, the Ministry of Education and Training should immediately conduct a survey on the number of teachers needed and which school subjects are suffering the most, so that there can be appropriate solutions to the issue.

VietNamNet/Viet Nam News

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Students, poor residents fear bus fee increase

VietNamNet Bridge – A proposal by the HCM City Department of Transport to increase bus fares is causing a stir among many poor students and residents.

Commuters from Nguyen Van Cu Street in Long Bien District take the bus from Ha Noi to neighbouring Hung Yen Province.

At the end of last year, the department submitted a plan to the municipal People’s Committee to increase local bus charges. If the proposal is approved, ticket prices would increase by VND1,000 from March 1st.

The price of a ticket for routes under 31km would then be VND4,000. Moreover, monthly vouchers would be replaced with books of 60 tickets, costing VND120,000 (US$7), and VND85,000 ($5) for students.

"When all things are increasing in price, how can students like me get by if bus prices also go up?" asks one student who must take two buses from her house to her university. If prices are to increase, she will have to spend VND16,000 each day travelling.

Nguyen Thu Thuy, a resident of District 6 and a regular bus passenger, says that monthly tickets should not be abolished.

"It doesn’t make sense to raise prices and abolish monthly tickets. Those monthly passes are very convenient for students," Thuy says.

Tran Quang Phuong, head of the department says that the increase is due to hikes in fuel prices, as well as basic salaries.

Moreover, statistics supplied by the department say that in 2008 the city had to subsidise VND625 billion ($35 million) for the bus services sector.

In regards to the abolition of monthly tickets, Phuong says that many passengers have complained of being discriminated, and this is not why the department has decided to replace it with 60-ticket booklets.

However, Thuy says that this should be solved by improving services, not getting rid of monthly passes.

Pham Xuan Mai, a lecturer at the HCM City University of Technology, says that increasing bus fees will stop many students from riding every day.

"Most passengers are people with low incomes or students. If the city wants to encourage people to travel by bus, prices should not be increased," he says.

Nguyen Huu Huong, head of the Transport Technique Faculty at the university, says that until the municipal infrastructure improves, subsidies for this kind of service should not be provided.

"Increasing bus prices will create more burdens for people on low incomes," says Huong.

The municipal People’s Committee has not yet made a final decision on the proposal.

VietNamNet/Viet Nam News

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"Slumdog Millionaire" wins big at 81st Academy Awards

British director Dan Boyle's rags-to-riches love story "Slumdog Millionaire" won big at the 81st Academy Awards Sunday night, grabbing eight Oscars including best picture and best director.

The film tells about a story of two brothers growing up in the slums of Mumbai, India, with one finding love and the other finding a life of crime.

"Slumdog Millionaire," which struggled to find a distributor and almost went direct to home video, had already won a Golden Globe, a Producers Guild award, a Screen Actors Guild award for best ensemble cast, a best director honor from the Directors Guild of America and a best adapted screenplay award from the Writers Guild of America.

Many of the film's young stars were flown to Hollywood to attend the Oscar ceremony, and they all walked onto the Kodak Theater stage as the film's producer Christian Colson accepted the statuette.

"As you pull back the spine (of the story) is another spine, is the love story," said director Danny Boyle, who won the Academy Award for Best Director. "It's a chance to get yourself lost in romance."

Slumdog went into the ceremony with 10 nominations and walked away with eight. It only lost in one category -- sound editing. It had two nominations in the original song category.

Top nominee "The Curious Case of Benjamin Button" had 13 nods, but won only three, for art direction, makeup and visual effects.

Meanwhile, Sean Penn won his second best-actor Oscar for his role in "Milk" and Kate Winslet took home her first Oscar statuette for best actress for her role in "The Reader."

The 33-year-old Winslet is the youngest actress to earn six Oscar nominations. The record was previously held by actress Bette Davis, who was 34 when she received her sixth nomination in 1942.

To win the Oscar, Winslet beat out Meryl Streep, who earned her record 15th nomination for her role as a strict nun in "Doubt." Katherine Hepburn and Jack Nicholson are tied for second with 12 nomination each.

"WALL-E" won the Oscar for animated feature film, while Japanese film "Departures" was named the best foreign language film.

Following is the list of winners at Sunday night's 81st Academy Awards ceremony, which was held at the Kodak Theatre in Hollywood of Los Angeles.

The Academy Award for best picture has gone to "Slumdog Millionaire," which ends the night with eight awards, including best director for Danny Boyle.

Danny Boyle won the best director Oscar for "Slumdog Millionaire."

The Academy Award for best actor was awarded to Sean Penn for his role in "Milk."

The Academy Award for best actress has been awarded to Kate Winslet for "The Reader."

The Oscar Award for best supporting actor went to the late Heath Ledger for "The Dark Knight."

Popularity of "Slumdog Millionaire" unexpected

Chris Dickens, who won the Oscar for film editing for "Slumdog Millionaire", said Sunday night that he did not foresee the film's popularity.

"It wouldn't have even occurred to us," he said backstage at the Kodak Theatre where the Award Ceremony was held. "I'd never imagined that we'd have so many of us getting these awards."

He said the challenge of editing "Slumdog Millionaire" was in paring the complex story down to a reasonable length.

"There were big challenges to sort of make it work cohesively," Dickens said of the tale of a young man recalling his life in a series of flashbacks. "So many different images, so many different storylines going on. The challenge was to get it to fit together really neatly."

"Slumdog Millionaire" ended the night with eight awards, including best picture for producer Christian Colson and best director for Danny Boyle.

VietNamNet/Xinhuanet

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The Structured Settlement

What Is a Structured Settlement?

Sometimes when a plaintiff settles a case for a large sum of money, the defendant, the plaintiff's attorney, or a financial planner consulted in association with the settlement, will propose paying the settlement in installments over time rather than in a single lump sum. When a settlement is paid in this manner it is called a "structured settlement". Often the structured settlement will be created through the purchase of one or more annuities, which guarantee the future payments.

A structured settlement can provide for payment in pretty much any schedule the parties choose. For example, the settlement may be paid in annual installments over a number of years, or it may be paid in periodic lump sums every few years.

Benefits of a Structured Settlement

One significant advantage of a structured settlement is tax avoidance. With appropriate set-up, a structured settlement may significantly reduce the plaintiff's tax obligations as a result of the settlement, and may in some cases be tax-free.

A structured settlement can protect a plaintiff from having settlement funds dissipated, when they are necessary to pay for future care or needs. Sometimes a structured settlement can help protect a plaintiff from himself - some people simply aren't good with money, or can't say no to relatives who want to "share the wealth", and even a large settlement can be rapidly exhausted. Minors may benefit from a structured settlement as well, such as a settlement which provides for certain costs during their youth, an additional disbursement to pay for college or other educational expenses, and then one or more disbursements in adulthood. An injured person who has long-term special needs may benefit from having periodic lump sums with which to purchase medical equipment or modified vehicles.

In some situations, it will be better for a severely disabled plaintiff to set up a special needs trust, rather than entering into a lump sum or structured settlement. Any plaintiff who is receiving, or expects to receive, Medicaid or other public assistance, or the guardian or conservator entering into a settlement on behalf of a disabled ward, should consult with a disabilities financial planner about their situation before choosing any particular settlement option or structure.

Potential Disadvantages of Structured Settlements

Some people who enter into structured settlements feel trapped by the periodic payments. They may wish to purchase a new home, or other expensive item, yet be unable to muster the resources because they can't borrow against future payments under their settlement.

Some people will do better by accepting a lump sum settlement, and investing it themselves. Many standard investments will give a greater long-term return than the annuities used in structured settlements.

Selling a Structured Settlement

If you have a structured settlement, you may have been approached by a company interested in purchasing your settlement, or may be curious about selling your settlement in return for a lump sum buyout. About two thirds of states have enacted laws which restict the sale of structured settlements, and tax-free structured settlements are also subject to federal restrictions on their sale to a third party. Also, some insurance companies will not assign or transfer annuities to third parties, to discourage the sale of structured settlements. As a consequence, depending upon where you live and the terms of your annuities, it may not be possible for you to sell your settlement.

Keep in mind that companies which buy structured settlements intend to profit from their purchase, and sometimes their offers may seem quite low. You may benefit from approaching more than one company in relation to the sale of your settlement, to make sure that you obtain the highest payoff. You also want to be sure that the company which wants to buy your settlement is established, well-funded, and reputable - you don't want a fly-by-night outfit to obtain the rights to your annuities but to disappear or go bankrupt before paying you the buyout money. You may have to go to court to get a judge to approve the buyout. It is usually a good idea to consult with a lawyer before entering into an agreement to sell your settlement.

Special Considerations

Any person entering into a structured settlement should be on guard for potential exploitation in relation to the settlement:

Excessive Commissions - Annuities can be highly profitable for insurance companies, and they often carry very large commissions. It is important to ensure that the commissions charged in setting up a structured settlement don't consume an inappropriate percentage of its principal.

Overstated Value - Sometimes, after negotiating a particular settlement figure, the defense will overstate the value of a structured settlement. As a result the plaintiff, in accepting the settlement, in fact obtains a significantly lower dollar value than was agreed upon. Some defendants have nominally paid the full amount of the settlement, knowing that they would later obtain significant rebates from the annuity companies they used. Plaintiffs should consider compariing the fees and commissions charged for similar settlement packages by a variety of insurance companies, to make sure that they are in fact getting full value. A plaintiff may wish to make it a condition of the settlement that the defendant will actually pay the full value of the settlement in setting up the structured settlement, and that any rebates received by the defendant for annuities included in the settlement be payable to the plaintiff.

Self-Dealing - There have been cases where the plaintiff's lawyer is also in the insurance business, and sets up a structured settlement on behalf of a client without disclosing that the attorney is purchasing the annuities from his own business, or is pocketing a large commission on the annuities. Similarly, there have been situations where the plaintiff's attorney has referred the client to a particular financial planner to set up a structured settlement, without disclosing that the financial planner will be paying the attorney a referral fee in relation to the client's account. Make sure that you know what financial interest, if any, your lawyer has in relation to any financial services sold or recommended by the lawyer.

Life Expectancy - It is unfortunate, but many people who receive large personal injury or workers' compensation settlements will have a shortened life expectancy as a result of their injuries. It is important to consider life expectancy in association with any structured settlement, and to consider whether it is appropriate to enter into an annuity where payments will cease upon death. Sometimes it will make sense to insist upon an annuity that pays a minimum number of payments, or one that will pay a balance into the plaintiff's estate, such that the value of the settlement is not lost to an insurance company upon the plaintiff's untimely death.

Using Multiple Insurance Companies - For larger settlements, it often makes sense to purchase annuities for a structured settlement from several different companies, dividing the settlement between those companies. This can provide you with protection in the event that a company that issued annuities for your settlement package goes into bankruptcy - even in the event that one of the companies defaults in part or in full on your settlement payments, you would still receive full payment from the other companies.

Additional Resources

• Selling Your Structured Settlement - The costs and benefits of selling a structured settlement.
• Cash Payment For Your Structured Settlement - What should you consider before selling your structured settlement?

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Welcome to Structured Settlements Guide

Welcome to Structured Settlements Guide, an online resource about selling a structured settlement. The information we provide is contained in the following sections:

General information

• How a structured settlement annuity works
• Why a structured settlement payment is a popular choice

Cashing Out

• The skinny on getting cash for a structured settlement payment
• How to sell a structured settlement payment

Services

• Do I really need a structured settlement company?
• Which structured settlement broker is right for me?

Frequently Asked Questions

• Why does a company want to buy my structured settlement?
• Is selling a structured settlement a good investment decision?

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Structured settlement

A structured settlement is a financial or insurance arrangement, including periodic payments, that a claimant accepts to resolve a personal injury tort claim or to compromise a statutory periodic payment obligation. Structured settlements were first utilized in Canada and the United States during the 1970s as an alternative to lump sum settlements. Structured settlements are now part of the statutory tort law of several common law countries including Australia, Canada, England and the United States. Although some uniformity exists, each of these countries has its own definitions, rules and standards for structured settlements. Structured settlements may include income tax and spendthrift requirements as well as benefits. Structured settlement payments are sometimes called “periodic payments.” A structured settlement incorporated into a trial judgment is called a “periodic payment judgment."

Contents [hide] 1 Structured Settlements in the United States 1.1 Definitions 1.2 Legal Structure 2 See also 3 References 4 External Sources

[edit] Structured Settlements in the United States

The United States has enacted structured settlement laws and regulations at both the federal and state levels. Federal structured settlement laws include sections of the (federal) Internal Revenue Code^[1]. State structured settlement laws include structured settlement protection statutes and periodic payment of judgment statutes. Medicaid and Medicare laws and regulations affect structured settlements. To preserve a claimant’s Medicare and Medicaid benefits, structured settlement payments may be incorporated into “Medicare Set Aside Arrangements” “Special Needs Trusts."

Structured settlements have been endorsed by many of the nation's largest disability rights organizations, including the American Association of People with Disabilities ^[2] and the National Organization on Disability ^[3].

[edit] Definitions

The United States definition of “structured settlement” for federal income taxation purposes, found in Internal Revenue Code Section 5891(c)(1) (26 U.S.C. § 5891(c)(1)), is an "arrangement" that meets the following requirements:

• A structured settlement must be established by:
  • A suit or agreement for periodic payment of damages excludable from gross income under Internal Revenue Code Section 104(a)(2) (26 U.S.C. § 104(a)(2)); or
  • An agreement for the periodic payment of compensation under any workers’ compensation law excludable under Internal Revenue Code Section 104(a)(1) (26 U.S.C. § 104(a)(1)); and
• The periodic payments must be of the character described in subparagraphs (A) and (B) of Internal Revenue Code Section 130(c)(2) (26 U.S.C. § 130(c)(2))) and must be payable by a person who:
  • Is a party to the suit or agreement or to a workers' compensation claim; or
  • By a person who has assumed the liability for such periodic payments under a qualified assignment in accordance with Internal Revenue Code Section 130 (26 U.S.C. § 130).

[edit] Legal Structure

The typical structured settlement arises and is structured as follows: An injured party (the claimant) settles a tort suit with the defendant (or its insurance carrier) pursuant to a settlement agreement that provides that, in exchange for the claimant's securing the dismissal of the lawsuit, the defendant (or, more commonly, its insurer) agrees to make a series of periodic payments over time. The insurer, a property/casualty insurance company, thus finds itself with a long-term payment obligation to the claimant. To fund this obligation, the property/casualty insurer generally takes one of two typical approaches: It either purchases an annuity from a life insurance company (an arrangement called a "buy and hold" case) or it assigns (or, more properly, delegates) its periodic payment obligation to a third party which in turn purchases an annuity (which arrangement is called an "assigned case").

In an unassigned case, the property/casualty insurer retains the periodic payment obligation and funds it by purchasing an annuity from a life insurance company, thereby offsetting its obligation with a matching asset. The payment stream purchased under the annuity matches exactly, in timing and amounts, the periodic payments agreed to in the settlement agreement. The property/casualty company owns the annuity and names the claimant as the payee under the annuity, thereby directing the annuity issuer to send payments directly to the claimant. If any of the periodic payments are life-contingent (i.e., the obligation to make a payment is contingent on someone continuing to be alive), then the claimant (or whoever is determined to be the measuring life) is named as the annuitant or measuring life under the annuity.

In an assigned case, the property/casualty company does not wish to retain the long-term periodic payment obligation on its books. Accordingly, the property/casualty insurer transfers the obligation, through a legal device called a qualified assignment, to a third party. The third party, called an assignment company, will require the property/casualty company to pay it an amount sufficient to enable it to buy an annuity that will fund its newly accepted periodic payment obligation. If the claimant consents to the transfer of the periodic payment obligation (either in the settlement agreement or, failing that, in a special form of qualified assignment known as a qualified assignment and release), the defendant and/or its property/casualty company has no further liability to make the periodic payments. This method of substituting the obligor is desirable for property/casualty companies that do not want to retain the periodic payment obligation on their books. Typically, an assignment company is an affiliate of the life insurance company from which the annuity is purchased.

An assignment is said to be "qualified" if it satisfies the criteria set forth in Internal Revenue Code Section 130 [1]. Qualification of the assignment is important to assignment companies because without it the amount they receive to induce them to accept periodic payment obligations would be considered income for federal income tax purposes. If an assignment qualifies under Section 130, however, the amount received is excluded from the income of the assignment company. This provision of the tax code was enacted to encourage assigned cases; without it, assignment companies would owe federal income taxes but would typically have no source from which to make the payments.

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