Clarifying Information-Annuities established prior to April 1 2009
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Clarifying Information-Annuities established prior to April 1 2009


Revised April 25, 2013



Purpose: This is clarifying information or annuities established prior to April 1, 2009

WAC 182-516-0200 Clarifying

(Use WAC 182-516-0201 for annuities established  on or after April 1, 2009.)

  • An irrevocable annuity established prior to May 1, 2001 is not an available resource when issued by an individual, insurer, or other body licensed and approved to do business in the jurisdiction in which the annuity is established.
  • An annuity established on or after May 1, 2001 and before April 1, 2009 will be considered an available resource unless it:
    • Is irrevocable;
    • Is paid out in equal monthly amounts within the actuarial life expectancy of the annuitant;
    • Is issued by an individual, insurer or other body licensed and approved to do business in the jurisdiction in which the annuity is established; and
    • Names the department as the beneficiary of the remaining funds up to the total of medicaid funds spent on the client during the client's lifetime. This subsection only applies if the annuity is in the client's name.  (When the community spouse is an annuitant, the department does NOT need to be named as beneficiary for annuities established prior to April 1, 2009).
  • An irrevocable annuity established on or after May 1, 2001 and before April 1, 2009 that is not scheduled to be paid out in equal monthly amounts, can still be considered an unavailable resource if:
    • The full pay out is within the actuarial life expectancy of the client; and
    • The client:
      • Changes the scheduled pay out into equal monthly payments within the actuarial life expectancy of the annuitant; or
      • Requests that the department calculate and budget the payments as equal monthly payments within the actuarial life expectancy  of the annuitant. The income from the annuity remains unearned income to the annuitant

Pays out Beyond Life Expectancy

Modification Date: April 25, 2013