State of California Health and Human Services Agency Department of Health Care Services



Similar documents
Lincoln Benefit Life Company A Stock Company

Your Payout Annuity policy

AMERICAN GENERAL LIFE Insurance Company A Allen Parkway, Houston, Texas

SINGLE PREMIUM IMMEDIATE ANNUITY

47. Trusts and Annuities [Article 9J]

TRANSAMERICA LIFE INSURANCE COMPANY Home Office: [4333 Edgewood Road NE, Cedar Rapids, IA 52499] A Stock Company

SAMPLE. means the age of a Life Insured on his or her nearest birthday.

Pacific Life Insurance Company [45 Enterprise Aliso Viejo, CA (800) ]

Medi-Cal Program Guide (MPG) Letter # 702

Pacific Life Insurance Company [45 Enterprise Aliso Viejo, CA 92656] [ (800) ]

Allstate ChoiceRate Annuity

Level Premium Whole Life Policy. Dear [John Doe], Your MetLife Policy

SAMPLE DEFINITIONS. means the age of a Life Insured on his or her nearest birthday.

ADDENDUM TO THE RETIREMENT SAVINGS PLAN DECLARATION OF TRUST ESTABLISHING A LOCKED-IN RETIREMENT ACCOUNT. Saskatchewan (LIRA)

Guaranteed Issue Whole Life Sample Contract. General Provisions

The Lincoln National Life Insurance Company (the "Company") A Stock Company

SAMPLE DEFINITIONS. means the age of a Life Insured on his or her nearest birthday.

In this policy you, your and yours refer to the Owner of this policy and the Company, us, we and our refer to Reserve National Insurance Company.

ONE YEAR TERM INSURANCE RIDER WITH TARGET FACE AMOUNT

ADDENDUM TO THE RETIREMENT SAVINGS PLAN DECLARATION OF TRUST ESTABLISHING A LOCKED-IN RETIREMENT ACCOUNT. New Brunswick (LIRA)

**** READ YOUR CERTIFICATE CAREFULLY ****

Minimum Premium: Qualified [$5,000] Non-Qualified [$10,000] Maximum Premium: [$250,000]

Financial Services Commission of Ontario Commission des services financiers de l Ontario. Life Income Fund/Locked-In Retirement Account

MAIL LABEL. Agent: XXXXX XXXXX. Policy Number:

ADVANTAGE ELITE SELECT TERM POLICY

GROUP ANNUITY CONTRACT

NOTICE OF QUALIFIED PRE-RETIREMENT SURVIVOR ANNUITY (QPSA)

Part-time Employee Retirement Plan Designation of Beneficiary

Banner Life Insurance Company Bennett Creek Avenue. Frederick, Maryland [Jane Doe], or subsequently changed by the Owner

INDIVIDUAL SINGLE PREMIUM DEFERRED ANNUITY CONTRACT

A Basic Primer On Life Insurance For Accident and Sickness Agents

Chapter 12 2/12/2015. Agenda. Life Insurance Contractual Provisions. Life Insurance Contractual Provisions

New York Life Insurance Company

STANDARD INSURANCE COMPANY

New York Life Insurance Company

SunSpectrum Term. (one insured person) Policy number: LI-1234, Owner: Jim Doe

New York Life Insurance Company

Ten Year Term Life Insurance Renewable Term

Single Premium Immediate Fixed Annuity

New York Life Insurance Company

COMMON SENSE FUNDS LOCKED-IN ADDENDUM

G You are totally and permanently disabled. If you have checked this box, complete Sections III, IV and V of this application.

CHAPTER 10 ANNUITIES

Review Requirements Checklist INDIVIDUAL VARIABLE LIFE

(CLICK ON JURISDICTION FOR ADDENDUM) FEDERAL LIRA ALBERTA LIRA BRITISH COLUMBIA LRRSP MANITOBA LIRA NEWFOUNDLAND AND LABRADOR LIRA NOVA SCOTIA LIRA

New York Life Insurance Company

Equimax Participating Whole Life Insurance. (For Adults) Optional Riders

Your Annuity Contract The Safe, Secure Way to Ensure Your Savings

CONSIDERATION. This Policy is issued in consideration of the Application for this Policy and the payment of the Initial Premium.

THE CONSTRUCTION OF A SURVIVORSHIP LIFE INSURANCE POLICY

LOCAL WELFARE, PENSION, ANNUITY & JOB TRAINING TRUST FUNDS

TeamHealth. Your Group Life and Accidental Death and Dismemberment Plan

Your insurance policy

YOUR GROUP LIFE INSURANCE PLAN

Giraffe & Friends Life Insurance Company

QUICK NOTES SUPPLEMENTAL STUDY GUIDE NEW JERSEY

MISSISSIPPI DIVISION OF MEDICAID

IIPRC-A-05-I. INDIVIDUAL IMMEDIATE NON-VARIABLE ANNUITY CONTRACT STANDARDS (Including contracts used to fund structured settlement agreements)

CERTIFICATE OF INSURANCE. We agree to pay the benefits provided by the Group Policy according to all its conditions and provisions.

THE UNITED STATES LIFE Insurance Company In the City of New York

THE IRREVOCABLE LIFE INSURANCE PRESERVATION TRUST HANDBOOK

County of Fresno Retirement Benefit Options

LIFE INSURANCE ENDORSEMENT METHOD SPLIT DOLLAR PLAN AGREEMENT

New York Life Insurance Company

ADDENDUM TO THE RETIREMENT INCOME FUND DECLARATION OF TRUST ESTABLISHING A LIFE INCOME FUND. Nova Scotia (LIF)

Information Folder and Annuity Policy Client Document Package M.V.P. - RIF. insured by Sun Life Assurance Company of Canada

THE JOHNS HOPKINS UNIVERSITY SUPPORT STAFF PENSION PLAN QUALIFIED PRE-RETIREMENT SURVIVOR ANNUITY NOTICE

New York Life Insurance Company

Anthem Life & Disability Insurance Company

Notice of Protection Provided by Utah Life and Health Insurance Guaranty Association

UNITED HERITAGE CREDIT UNION DEFINED BENEFIT PLAN INSTRUCTIONS FOR DESIGNATING OR CHANGING BENEFICIARY

Family Term Sample contract

DESIGNATION OF BENEFICIARY For:

SunTerm (joint first-to-die)

The owner is usually the purchaser of the policy. However, the owner may also acquire the policy by gift, sale, exchange, or bequest.

Supplemental Term Life: Retiree Rollover

SUN LIFE ASSURANCE COMPANY OF CANADA

University System of Maryland. Your Group Life Insurance Plan

SAMPLE POLICY SECTION

Beneficiary Change and Predetermined Payout Election Form

IIPRC-A-05-I. INDIVIDUAL IMMEDIATE NON-VARIABLE ANNUITY CONTRACT STANDARDS (Including contracts used to fund structured settlement agreements)

IIPRC-LB-04-I-ROP. 3. Rules Repealed, Amended or Suspended by the Rule: None.

THE EMPIRE LIFE INSURANCE COMPANY TRILOGY. Policy Summary

State of California Health and Human Services Agency Department of Health Care Services

THE EMPIRE LIFE INSURANCE COMPANY LIFE INCOME FUND ENDORSEMENT QUÉBEC SUPPLEMENTAL PENSION PLANS ACT AND REGULATIONS

EMPLOYEE LIFE INSURANCE

Name of Policyholder: ARCHDIOCESE OF ST. LOUIS. of each policy month

New York Life Insurance and Annuity Corporation NYL Guaranteed Lifetime Income Annuity II - Single Life

YOUR GROUP LIFE INSURANCE PLAN

DESIGNATION OF BENEFICIARY For:

Sacramento Metropolitan Fire District Retirement Benefit Options

State Status: Approved-Closed Premium - Single Life. Authors: Albert Dubreuil, Tricia St. Disposition Date: 07/06/2010

KANSAS CITY LIFE INSURANCE COMPANY. Kansas City Life Variable Life Separate Account

If you are 55 years or older and are retiring or separating from the County of San Diego, your

THE UNIVERSITY OF IOWA. Life Insurance Long Term Disability Insurance and Retirement Annuity Protection Insurance

Absolute Assignment: The irrevocable transfer of ownership of a life insurance policy from one person to another.

ADOPTION AGREEMENT NEW PRIME, INC. OWNER OPERATOR RETENTION REWARDS PROGRAM

CANADA PROTECTION PLAN SAMPLE POLICY

A brief guide to the pension provisions of the Family Law Acts

IIPRC-A02-I-LONG INDIVIDUAL DEFERRED PAID-UP NON-VARIABLE ANNUITY CONTRACT STANDARDS (COMMONLY MARKETED AS LONGEVITY ANNUITIES)

Transcription:

State of California Health and Human Services Agency Department of Health Care Services SANDRA SHEWRY Director ARNOLD SCHWARZENEGGER Governor January 24, 2008 TO: ALL COUNTY WELFARE DIRECTORS Letter No.: 08-02 ALL COUNTY ADMINISTRATIVE OFFICERS ALL COUNTY MEDI-CAL PROGRAM SPECIALISTS/LIAISONS ALL COUNTY HEALTH EXECUTIVES ALL COUNTY MENTAL HEALTH DIRECTORS SUBJECTS: TERM LIFE INSURANCE AND ENDOWMENT LIFE INSURANCE CONTRACTS TERM LIFE INSURANCE: The purpose of this All County Welfare Directors Letter is to clarify and contrast the treatment of term life insurance policies and Endowment Life Insurance Contracts (ELICs). Title 22, Section 50475, Life Insurance, states: Life insurance policies, except term insurance, owned by a member of the MFBU, (Medical Family Budget Unit), on the life of any individual in the family shall be exempt if the combined face value of all of the policies on the insured individual is $1,500 or less. If the combined face value of all the policies exceeds $1,500, the net cash surrender value of life insurance policies shall be included in the property reserve. At the time that this regulation was certified, term insurance policies did not have cash values. Some term insurance policies now do have cash values. The face value of term insurance policies that generate cash surrender value must be combined with the face values of other insurance policies to determine if the combined face values are $1,500 or less. If the combined face values of all the policies exceed $1,500, the net cash surrender value of all the life insurance policies of that individual shall be included in the property reserve. Medi-Cal Eligibility Division, MS 4607, P.O. Box 997417, Sacramento, CA 95899-7417 (916) 552-9430 Fax (916) 552-9478 Internet Address: www.dhcs.ca.gov

All County Welfare Directors Letter No.: 08-02 Page 2 When a term life insurance policy has no cash surrender value, the face value is not taken into account with respect to the $1,500 limitation. ELICs When ELICs are purchased, the issuing company is paid a set amount of money and the issuing company promises to hold that money for a person they refer to in the contract as the insured for a designated number of years. The issuing company then promises to return all that money to the insured if he/she is alive at the expiration of the designated time period. If the insured dies before the time period expires, the issuing company is contractually obligated to pay the named beneficiary(ies) a designated amount of money. The Department of Health Care Services does not consider ELICs to meet the definition of life insurance under CCR, Title 22, Section 50054.5, which states: Life insurance means a contract for which premiums are paid during the lifetime of the insured, and on which the insuring company pays the face amount of the policy to the beneficiary upon the death of the insured. Life insurance may also be purchased by a single premium or by letting dividends accumulate. ELICs do not fit this regulatory definition and thus are not considered to be life insurance for Medi-Cal eligibility purposes. The contracts are for a term of years and provide that after the expiration of the designated term, the insured will be returned his/her initial payment along with some additional money. If the insured dies before the expiration of the specified time period, the issuing company is required to pay the named beneficiary(ies) a designated amount of money. Hence, the contract provides for a payout to the insured on a specified date in the future and does not just provide for payment to the named beneficiary upon the death of the insured. As a result, the contract is not life insurance under the Medi-Cal regulations. Instead, these contracts are considered to be a legal instrument or device similar to a trust under California Code of Regulations (CCR), Title 22, Section 50489(b) and are thus treated like a trust for Medi-Cal eligibility purposes. Section 50489(b), subsections (9) and (10) provide: (b) For purposes of Section 50489 through 50489.9, the following definitions apply:

All County Welfare Directors Letter No.: 08-02 Page 3 (9) Similar Legal Device (SLD) means any legal instrument, device or arrangement that involves the transfer of assets from an individual or entity (transferor) to another individual or entity (transferee) with the intent that the assets be held, managed, or administered by an individual or entity for the benefit of the transferor or certain other individual. SLDs also include annuities purchased on or after August 11, 1993. (10) Trust means any arrangement in which an individual or entity (trustor) transfers assets to a trustee with the intent that the assets be held, managed, or administered by the trustee(s) for the benefit of the trustor or certain designated individuals (beneficiaries). The trust must be valid under State law. The term trust also includes any legal instrument or device similar to a trust as described in subsection (b)(9) of this section. [Emphasis added.] Therefore, the above referenced contracts classify as a similar legal device under CCR, Title 22, Section 50489(b)(9). The individual is transferring a specified amount of cash to the contracting company with the intent that the contracting company hold that money for a set number of years and manage it for his/her benefit or, should he/she die before the term of years expires, for his/her beneficiary s benefit. As a result, under CCR, Title 22, Section 50489(b)(10), this type of contract is to be treated like a trust subject to the requirements of CCR, Title 22, Sections 50489 through 50489.9. Assets held in ELICs are considered available property and included in the property reserve pursuant to CCR, Title 22, Section 50489.5 (f)(1) which states: if payments can be made from the trust to, or for the benefit of, the individual or spouse at any time or under any circumstances, the portion of the trust income or principal from which payment(s) to the individual or spouse could be made shall be considered property available to the individual or spouse. [Emphasis added.] A sample of an endowment life contract is enclosed to this letter as Appendix A. This contract states that it may only be modified or changed with the written consent of an officer of the company and that no other agent or person has the authority to change the contract or waive any of its terms or provisions. It therefore, would be considered an irrevocable, although its terms may be changed.

All County Welfare Directors Letter No.: 08-02 Page 4 If you have any questions regarding this letter, please contact Mr. Bob Laederich at (916) 552-9486. Enclosure Original signed by Vivian Auble, Chief Medi-Cal Eligibility Division

APPENDIX A Sample Endowment Life Contract SINGLE PREMIUM PURE ENDOWMENT LIFE INSURANCE CONTRACT A pure endowment maturity benefit will be paid on the maturity date provided the insured in then living. A schedule of benefits and premium is on page 3. This is a participating contract. No benefit is payable at death prior to the maturity date other than accrued dividends. PLEASE READ YOUR CONTRACT CAREFULLY In this contract: You or Your means the owner of this contract; and, We, Us, Our means [CONTRACTING COMPANY]. OWNER AND BENEFICIARY OWNER: The person or entity stated as such in the application. If an owner is not so stated, the Insured will be the owner. When You are other than the Insured, in the event of Your death prior to the maturity date the insured will be the owner. BENEFICIARY: The person(s) or entity stated as such in the application. DIVIDENDS Annual dividends have not been anticipated for this contract. Each year We will review Our experience to determine any dividend for this contract. You may apply any dividend We declare under one of the following options. If you do not choose an option, option 2 will apply automatically. 1. Cash. This dividend will be paid to You in cash. 2. Accumulate. We will retain the dividend to the credit of this contract with interest at a rate of not less than 3.0% per year. POST-MORTEM DIVIDEND A post-mortem dividend is anticipated to be payable in the event of the death of the insured prior to the maturity date. We will pay any post-mortem dividend to the beneficiary or, if the beneficiary is not then living, the estate of the beneficiary. Such payment will be made within 10 days from the date We receive due proof of the death of the insured and a statement of claim from the beneficiary. Return of this contract is required. Payment will be: (1) in one sum; and (2) in equal shares when the designation of beneficiary does not clearly state the share of each of two or more beneficiaries. To the extent permitted by law, payment will not be subject to the claims of creditors.

GENERAL PROVISIONS ENTIRE CONTRACT: The entire contract between You and [CONTRACTING COMPANY] consists of: (1) this contract, including the attached copy of the application; and (2) any amendment or endorsement We attached to this contract. INCONTESTABLE: This contact is not contestable. We consider all statements in the application representations and not warranties. MODIFICATION OR CHANGE: This contract may be modified or changed only with the written consent of our President, a Vice-President, Secretary, or Assistant Secretary. No agent or other person has authority to change this contract or waive any of its terms or provisions. INCORRECT SEX OR AGE: Amounts payable under this contract may be adjusted if the insured s date of birth or gender is not correctly stated in the application. The amount will be as provided by the premium paid at the correct age or gender. ASSIGNMENT: This contract may not be assigned. GOVERNING LAW: This contract is subject to the laws of the state in which it was delivered. If part of its does not follow such law, it will be treated as if it did. SCHEDULE INSURED: [Applicant s name] SEX/ISSUE AGE: [Applicant s sex and age] OWNER: [Applicant s name] SINGLE PREMIUM: [Amount paid by the applicant to company] CONTRACT NUMBER: DATE OF ISSUE: [Date contract becomes effective] MATURITY DATE: [Date applicant is paid if still alive when contract term completed] MATURITY BENEFIT: [Amount paid applicant after contact term completed]