009.08(A)(v)(3)(a) PURCHASED OR ANNUITIZED BEFORE FEBRUARY 8, 2006.

Where the individual cannot assign or change the ownership or payee, the annuity is unavailable. A determination must then be made if a deprivation has occurred. If the expected return on the annuity is commensurate with the life expectancy of the individual, the annuity can be deemed actuarially sound and no deprivation has occurred.