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Rule 7.8: MS State Retirement 13th Check.

A. This income is defined as follows:

1. Certain state retirees (including those drawing benefits from a deceased spouse’s record) are eligible to receive a 13th check each year in addition to their regular monthly check.

2. The 13th check is sometimes referred to as a bonus check. The bonus check, which is usually issued each December 15th, is computed on a percentage basis multiplied by the number of years retired and annual income received.

B. This income is treated as follows:

1. Institutionalized clients, who receive a 13th check and are subject to Income Trust provisions, are required to have the bonus check averaged over the 12-month period as a condition of eligibility.

a) Institutional clients who are eligible for December based on receipt of the bonus check will have the bonus payment averaged in the Medicaid Income computation.

2. For all other recipients, the 13th check is counted as income each December to determine eligibility for the month of December.

Source: Social Security Act §1902 (r)(2); 42 CFR § 435.601(b) (Rev 1994); Miss. Code Ann. §43-13-121.1 (Rev. 1995).

Rule 7.9: Railroad Retirement Benefits.

A. There are three basic categories of payments made by the Railroad Retirement Board (RRB):

1. Life and Survivor annuities.

2. Title II benefits certified by RRB.

3. Unemployment, sickness and strike benefits.

B. These types of payments are treated as follows:

1. RRB payments are counted as unearned income.

a) The amount deducted from a RRB benefit for Medicare is counted as income.

b) The amount of the RRB annuity to charge as income is the amount before collection of any obligations of the annuitant.