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CODE OF COLORADO REGULATIONS 10 CCR 2505-10 8.100 Medical Services Board

209 ii) Payments from a revocable annuity are not countable as income. f. Irrevocable Assignable Annuities i) An irrevocable assignable annuity is a countable resource. The value of the annuity is presumed to be the total value of the annuity principal plus any accumulated interest. a) An individual or individual’s spouse can rebut the presumption by providing documented offers from at least three companies who are active in the market for buying and selling annuities an annuity income streams. The value of the annuity shall then be the highest of the offers. b) Any payments from an irrevocable assignable annuity that is considered to be a countable resource are not considered to be countable income. ii) An individual or individual’s spouse can rebut the presumption that an irrevocable assignable annuity is not a countable resource by providing documented offers from at least three companies who are active in the market for buying and selling annuities and annuity income streams stating their unwillingness or inability to purchase the annuity or annuity income stream. a) Any payments from an irrevocable assignable annuity that is not considered to be a countable resource are considered to be countable income in the month received. g. Irrevocable Non-Assignable Annuities i) An irrevocable non-assignable annuity is not considered to be a countable resource. ii) Payments from an irrevocable non-assignable annuity are considered countable income in the month received.