Alaska Administrative Code
Title 7 - Health and Social Services
Part 7 - Medicaid Assistance Eligibility
Chapter 100 - Medicaid Eligibility
Article 2 - Family Medicaid
7 AAC 100.140 - Pension plan as an exempt resource
Universal Citation: 7 AK Admin Code 100.140
Current through November 28, 2024
(a) Except as provided in (b) of this section, a pension plan and an employment-related retirement plan is an exempt resource if the applicant or recipient
(1) cannot immediately withdraw and use the
money in the pension plan to meet the needs of the applicant's or recipient's
family;
(2) demonstrates that the
applicant or recipient has applied to have money in the pension plan made
available to the applicant or recipient; and
(3) does not expect to receive the money
during the month for which eligibility is being determined.
(b) Unless exempt under (a) of this section, the value of the following pension plans and employment-related retirement plans of an employed applicant or recipient, less the penalty for early withdrawal if applicable, is a nonexempt resource:
(1) the cash value of any pension plan if the
applicant or recipient no longer works for the employer that established the
pension plan, and is not yet eligible for periodic payments under that plan,
but has the option of withdrawing the money in that plan as a lump
sum;
(2) money in an account
established under 26 U.S.C.
401(a) (Keogh plan), or a
substantially similar account, or under
26 U.S.C.
408 (Individual Retirement Account (IRA)) or
26 U.S.C.
408 A (Roth IRA), or a substantially similar
account;
(3) money in a deferred
compensation plan established for purposes of
26 U.S.C.
457 and offered by an employer if the
applicant or recipient
(A) no longer works for
the employer that established the deferred compensation plan; and
(B) has the option of withdrawing the money
as a lump sum.
Authority:AS 47.05.010
AS 47.07.020
AS 47.07.040
Disclaimer: These regulations may not be the most recent version. Alaska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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