36-2934.02. Financial instruments; eligibility for the system

A. The administration has sole authority to determine the effect of annuities, promissory notes, loan agreements and related financial instruments on a person's eligibility pursuant to this article.

B. An irrevocable annuity purchased with an applicant's assets is treated as a transfer with uncompensated value pursuant to section 36-2934, subsection B unless it meets all of the following:

1. It is purchased from a life insurance company or another commercial company that sells annuities as part of the normal course of business.

2. It provides substantially equal monthly payments of principal and does not have a balloon or deferred payment of interest or principal.

3. It is an annuity currently issuing payments for the person or that person's spouse.

4. It will return the full principal and interest within the annuitant's life expectancy.

C. An irrevocable annuity that meets the requirements of subsection B of this section is a transfer with compensated value.

D. The fair market value of a promissory note, loan agreement or related financial instrument that is negotiable, assignable and enforceable is a countable resource.

E. A promissory note, loan agreement or related financial instrument that does not comply with subsection D of this section is a transfer with uncompensated value. For a promissory note, loan agreement or related instrument that does comply with subsection D of this section, the difference between the outstanding principal balance and the fair market value is a transfer with uncompensated value.