I
111th CONGRESS
1st Session
H. R. 2059
IN THE HOUSE OF REPRESENTATIVES
April 23, 2009
Mr. Foster introduced the following bill; which was 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.
Survivor Benefit Plan annuities for special needs trusts established for the benefit of dependent children incapable of self-support
Special needs trust as eligible beneficiary
In general
Subsection (a) of section 1450 of title 10, United States Code, is amended—
by redesignating paragraph (4) as paragraph (5); and
by inserting after paragraph (3) the following new paragraph (4):
Special needs trusts for sole benefit of certain dependent children
Notwithstanding subsection (i), a supplemental or special needs trust established under subparagraph (A) or (C) of section 1917(d)(4) of the Social Security Act (42 U.S.C. 1936p(d)(4)) 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.
.
Conforming amendment
Subsection (i) of such section is amended by inserting
(a)(4) or
after subsection
.
Regulations
Section 1455(d) of such title is amended—
in the subsection
heading, by striking and
fiduciaries
and inserting , fiduciaries, and special needs
trusts
;
in paragraph (1)—
in subparagraph
(A), by striking and
at the end;
in subparagraph
(B), by striking the period at the end and inserting ; and
;
and
by adding at the end the following new subparagraph:
a dependent child incapable of self-support because of mental or physical incapacity for whom a supplemental or special needs trust has been established under subparagraph (A) or (C) of section 1917(d)(4) of the Social Security Act (42 U.S.C. 1936p(d)(4)).
;
in paragraph (2)—
by redesignating subparagraphs (C) through (H) as subparagraphs (D) through (I), respectively;
by inserting after subparagraph (B) the following new subparagraph (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.
;
in subparagraph
(D), as redesignated, by striking subparagraphs (D) and (E)
and
inserting subparagraphs (E) and (F)
; and
in subparagraph (H), as so redesignated—
by
inserting or (1)(C)
after paragraph (1)(B)
in the
matter preceding clause (i);
in
clause (i), by striking and
at the end;
in
clause (ii), by striking the period at the end and inserting ;
and
; and
by adding at the end the following new clause:
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
in paragraph (3),
by striking to guardian or
fiduciary
in the paragraph heading.
