Medicaid Treatment of Retirement Accounts

Treatment of retirement accounts. Section Section 2332 indicates that an applicant must apply for periodic benefits, but does not indicate whether the individual must take a minimum distribution from “each” account or whether the individual can aggregate the retirement accounts for purposes of determining whether a sufficient minimum distribution was taken. The ALJ looked to 26 C.F.R. § 1.408-8 (Q-9; A-9) as guidance. That rule permits a tax payer to aggregate accounts in determining whether an adequate minimum distribution was taken. Consistent with that guidance, the ALJ found that petition met the periodic retirement benefits requirement. This decision also recites some of MCCA’s legislative history, including the purpose of protections for the Community Spouse.

OSAH-Cobb-Gatto-9-2008.pdf (September 26, 2008)