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Annuity Recovery Regulations Filed on Emergency Basis
The regulations regarding recovery from annuities (R-22-02E) became effective as emergency regulations on August 2, 2004 and are applicable to annuities purchased on or after September 1, 2004.The comment period for these regulations ended at 5:00pm on October 1, 2004.
Although there was some initial uncertainty as to whether the regulations extended recovery to work-related annuities and pension funds, CANHR has been informed by DHS that this was not their intention, and that the regulations will be clarified in the next package.
CANHR has also been informed by the Department that, although they will hold the public hearing on the regulations as scheduled on Sept. 29 and accept public comments until October 1, they will then repeal the annuity regulations and promulgate them again when the "comprehensive" recovery regulation package is filed after October 1, 2004 - which is the date they have estimated the rest of the recovery regulations will be filed. No, this does not make much sense, and CANHR does not know what, if any, effect this will have on those who purchased annuities in the interim.
Download CANHR's Comments (pdf).
Links to Notice of Emergency Rulemaking, regulation package, statement of reasons and finding of emergency are below. Let your voices be heard.
See also the DHCS Office of Regulation website:
Regulation Package (pdf)
Finding of Emergency (pdf)