North Dakota uses its own life expectancy table.

ANNUITY RULES

According to the North Dakota Medicaid Policy Manual, section 510-05-70-45-30:

1. An annuity is counted as an available asset in the asset test unless:

a. The annuity must be considered a disqualifying transfer and the penalty period is not finished (if the penalty period is finished and the applicant or recipient still owns the annuity, the annuity may be considered an available asset);
b. The annuity has been annuitized and constitutes an employee benefit annuity that cannot be surrendered; or
c. The annuity meets all of the following conditions:

i. The annuity is irrevocable and cannot be assigned to another person;
ii. The issuing entity is an insurance company or other commercial company that sells annuities as part of the normal course of business;
iii. The annuity will return the full principal and has a guaranteed period that is equal to at least 85% of the annuitant’s life expectancy;
iv. The monthly payment from all annuities that meet the requirements of this subsection do not exceed $2,898 and, when combined with the annuitant’s other income at the time of application for Medicaid, does not exceed $4,347; and
v. If the applicant for Medicaid is age 55 or older, the Department of Human Services is irrevocable named as the primary beneficiary of the annuity following the death of the applicant and the applicant’s spouse, not to exceed the amount of benefits paid by Medicaid.

 NOTE: This subsection applies to determining whether an annuity is a countable asset. The provision in paragraph (v) allows a community spouse to name an institutionalized spouse as the primary beneficiary ahead of the Department. If the annuity, however, was purchased or changed within the individual’s or the individual spouse’s look back period, ONLY a community spouse (not an institutionalized spouse) can be named ahead of the Department to avoid a disqualifying transfer as discussed below.

2. The annuity is considered a disqualifying transfer unless:

a. The payment option was selected, or the latest change to the annuity was made, prior to the individual’s or the individual’s spouse’s look back date;
b. The annuity is a qualified employee benefit annuity, and the Department is named as the remainder beneficiary in the first position for at least the total amount of Medicaid paid on behalf of the annuitant or the annuitant’s spouse. The Department may be named as the remainder beneficiary in the second position after the community spouse or minor or disabled child and is named in the first position if such spouse or child disposes of any such remainder fro less than fair market value.
c. The annuity meets all of the requirements in (1)(c)(i) through (1)(c)(v) above and the Department is named as the remainder beneficiary in the first position for at least the total amount of Medicaid paid on behalf of the annuitant or the annuitant’s spouse. The Department may be named as the remainder beneficiary in the second position after the community spouse or minor or disabled child and is named in the first position if such spouse or child disposes of any such remainder for less than fair market value; and
d. The annuity is a third party annuity.

ANNUITY DECISIONS

• Geston v. Olson
• Geston v. Anderson

To learn more about North Dakota, visit the online Medicaid Manual.

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