1 Tex. Admin. Code § 358.333 - Treatment of Employment- and Retirement-Related Annuities
(a) In this section:
(1) an employment-related annuity means an
annuity that provides a return on prior services, as part of or in a similar
manner to a pension or retirement plan; and
(2) a retirement-related annuity means an
annuity purchased by or on behalf of an annuitant in an institutional
setting.
(b) An
employment-related annuity or a retirement-related annuity established before
February 8, 2006, is not a countable resource. Income from such an annuity is
treated in accordance with
20 C.F.R.
416.1120 -
20 C.F.R.
416.1124.
(c) An employment-related annuity established
or having a transaction on or after February 8, 2006, is not a countable
resource. Income from such an annuity is treated in accordance with
20 C.F.R.
416.1120 -
20 C.F.R.
416.1124.
(d) A retirement-related annuity with a
purchase or transaction date on or after February 8, 2006, is not a countable
resource, if the annuitant's income eligibility is determined under the special
income limit. Income from such an annuity is treated in accordance with
20 C.F.R.
416.1120 -
20 C.F.R.
416.1124, if the annuity:
(1) is an annuity described in subsection (b)
or (q) of §
408 of the Internal Revenue Code of 1986;
or
(2) is purchased with proceeds
from:
(A) an account or trust described in
subsection (a), (c), or (p) of §
408 of the Internal Revenue Code of
1986;
(B) a simplified employee
pension (within the meaning of §
408(k) of the Internal
Revenue Code of 1986; or
(C) a Roth
IRA described in §
408A of the Internal
Revenue Code of 1986.
Notes
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