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UNOFFICIAL 1725.1-36 for the amount of medical assistance paid on behalf of the institutionalized individual. (1) The department shall notify the issuer of an annuity issued on or after February 8, 2006, of the right of the department to be a preferred remainder beneficiary. (2) The issuer may inform other remainder beneficiaries of the department’s remainder interest. (d) Funds used to purchase an annuity on or after February 8, 2006, by the institutionalized individual or the community spouse, or on behalf of the institutionalized individual or their community spouse, shall not be considered transferred if: (1) The annuity is considered: (A) An individual retirement annuity that meets the requirements of section 408(b) of the IRC; or (B) A deemed IRA under a qualified employer plan under section 408(q) of the IRC; or (2) The annuity is purchased with proceeds from one of the following: (A) A traditional IRA under section 408(a) of the IRC; (B) An account or trust which is treated as a traditional IRA under section 408(c) of the IRC; (C) A simplified retirement account under section 408(p) of the IRC; (D) A simplified employee pension under section 408(k) of the IRC; or (E) A Roth IRA under section 408A of the IRC; or (3) The annuity meets all of the following requirements: (A) Is actuarially sound as determined by the department in accordance with actuarial publications of the Office of the Chief Actuary of the Social Security Administration;