Mississippi Administrative Code
Title 23 - Division of Medicaid
Part 104 - Income
Chapter 7 - Sources and Treatment of Unearned Income
Rule 23-104-7.10 - Military Pensions

Universal Citation: MS Code of Rules 23-104-7.10

Current through September 24, 2024

A. The Air Force, Army, Marine Corps, Navy and Coast Guard pay military pensions to military retirees and survivors normally on the first day of the month.

B. There are three categories of beneficiaries who may be entitled to military payments:

1. Retiree. A person with 20 years of service who meet the requirements for entitlement.

2. Annuitant. A Survivor who is designated by the retiree to receive benefits upon the death of the retiree under the Retired Serviceman's Family Protection Plan (RSFPP), Survivor's Benefit Plan (SBP) or both;

3. Allottee. Anyone other than an annuitant of the RSFPP or SBP who is designated to receive money out of the service member's or retiree's check.
a) Entitlement as an allottee terminates upon the death of the retiree. However, an allottee can become an annuitant when the retiree dies.

C. The RSFPP and SBP annuitant programs pay money to surviving spouse(s) and children. The SBP program also pays:

1. "Insurable interest" persons, i.e., someone other than a surviving spouse or child that a service member designates to receive survivor benefits based on monies withheld from his/her retirement payment under the provisions of the SBP program; and

2. Minimum income level widows (MIW) who are certified by the VA as having low income and are referred by the Department of Defense (DOD).

D. This type of income is treated as follows:

1. Military pensions are counted as unearned income.

2. Payments to Minimum Income Widows are counted as income based on need (IBON) not subject to the $50/$20 general income exclusion.

Social Security Act §1902 (r)(2); 42 CFR §435.601(b) (Rev 1994).

Disclaimer: These regulations may not be the most recent version. Mississippi 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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