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
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.
This Act may be cited as the
Disabled Military Child Protection Act
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
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 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.
Subsection (i) of such section is amended by inserting
(a)(4) or after
Section 1455(d) of such title is amended—
in the subsection
heading, by striking
, fiduciaries, and special needs
in paragraph (1)—
(A), by striking
and at the end;
(B), by striking the period at the end and inserting
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, 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.
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.
(D), as redesignated, by striking
subparagraphs (D) and (E) and
subparagraphs (E) and (F)
in subparagraph (H), as so redesignated—
or (1)(C) after
paragraph (1)(B) in the
matter preceding clause (i);
clause (i), by striking
and at the end;
clause (ii), by striking the period at the end and inserting
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.
in paragraph (3),
to guardian or
in the paragraph heading.