[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1076 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 1076
To amend title 10, United States Code, to provide for the payment of
monthly annuities under the Survivor Benefit Plan to a supplemental or
special needs trust established for the sole benefit of a disabled
dependent child of a participant in the Survivor Benefit Plan.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 23, 2013
Mrs. Hagan (for herself and Mrs. Gillibrand) introduced the following
bill; which was read twice and referred to the Committee on Armed
Services
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to provide for the payment of
monthly annuities under the Survivor Benefit Plan to a supplemental or
special needs trust established for the sole benefit of a disabled
dependent child of a participant in the Survivor Benefit Plan.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Disabled Military Child Protection
Act of 2013''.
SEC. 2. SURVIVOR BENEFIT PLAN ANNUITIES FOR SPECIAL NEEDS TRUSTS
ESTABLISHED FOR THE BENEFIT OF DEPENDENT CHILDREN
INCAPABLE OF SELF-SUPPORT.
(a) Special Needs Trust as Eligible Beneficiary.--
(1) In general.--Subsection (a) of section 1450 of title
10, United States Code, is amended--
(A) by redesignating paragraph (4) as paragraph
(5); and
(B) by inserting after paragraph (3) the following
new paragraph (4):
``(4) Special needs trusts for sole benefit of certain
dependent children.--Notwithstanding subsection (i), a
supplemental or special needs trust described in subparagraph
(A) or (C) of section 1917(d)(4) of the Social Security Act (42
U.S.C. 1396p(d)(4)) that is established for the sole benefit of
a dependent child considered disabled under section 1614(a)(3)
of that Act (42 U.S.C. 1382c(a)(3)) who is incapable of self-
support because of mental or physical incapacity.''.
(2) Conforming amendment.--Subsection (i) of such section
is amended by inserting ``(a)(4) or'' after ``subsection''.
(b) Regulations.--Section 1455(d) of such title is amended--
(1) in the subsection heading, by striking ``and
Fiduciaries'' and inserting ``, Fiduciaries, and Special Needs
Trusts'';
(2) in paragraph (1)--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(C) a dependent child incapable of self-support
because of mental or physical incapacity for whom a
supplemental or special needs trust, as described in
subparagraph (A) or (C) of section 1917(d)(4) of the
Social Security Act (42 U.S.C. 1396p(d)(4)), has been
established.'';
(3) in paragraph (2)--
(A) by redesignating subparagraphs (C) through (H)
as subparagraphs (D) through (I), respectively;
(B) by inserting after subparagraph (B) the
following new subparagraph (C):
``(C) In the case of an annuitant referred to in
paragraph (1)(C), payment of the annuity to the
supplemental or special needs trust established for the
annuitant.'';
(C) in subparagraph (D), as redesignated, by
striking ``subparagraphs (D) and (E)'' and inserting
``subparagraphs (E) and (F)''; and
(D) in subparagraph (H), as so redesignated--
(i) by inserting ``or (1)(C)'' after
``paragraph (1)(B)'' in the matter preceding
clause (i);
(ii) in clause (i), by striking ``and'' at
the end;
(iii) in clause (ii), by striking the
period at the end and inserting ``; and''; and
(iv) by adding at the end the following new
clause:
``(iii) procedures for determining when
annuity payments to a supplemental or special
needs trust shall end based on the death or
marriage of the dependent child for which the
trust was established.''; and
(4) in paragraph (3), by striking ``to guardian or
fiduciary'' in the paragraph heading.
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