I 

111TH CONGRESS 

1ST SESSION H. R. 1599 

To require survivor annuity payments made to disabled dependents to be 

disregarded in eligibility and benefit determinations under the supplemental security income (SSI) and Medicaid Programs. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 18, 2009 

Mr. SESSIONS introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Energy 

and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To require survivor annuity payments made to disabled dependents to be disregarded in eligibility and benefit determinations under the supplemental security income 

(SSI) and Medicaid Programs. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. REQUIREMENT THAT SURVIVOR ANNUITY PAY4 MENTS MADE TO DISABLED DEPENDENTS BE 

5 DISREGARDED UNDER THE SSI PROGRAM. 

6 (a) INCOME EXCLUSION.—Section 1612(b) of the So7 cial Security Act (42 U.S.C. 1382a(b)) is amended— 


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1 (1) by striking ‘‘and’’ at the end of paragraph 

2 (22); 

3 (2) by striking the period at the end of para4 graph (23) and inserting ‘‘; and’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(24) if such individual (or such spouse) is 

7 under a disability (as defined in section 223(d) of 

8 this Act), is blind or disabled for purposes of this 

9 title, has a disability (as defined in section 7(9) of 

10 the Rehabilitation Act of 1973), or has a develop11 mental disability (as defined in section 102(8) of the 

12 Developmental Disabilities Assistance and Bill of 

13 Rights Act of 2000), the value of (and any amount 

14 received from) a survivor annuity of which such indi15 vidual (or such spouse) is a beneficiary if the annu16 ity was obtained by a person who, as of the time the 

17 person died, was providing support or maintenance 

18 to such individual (or such spouse).’’. 

19 (b) RESOURCE EXCLUSION.—Section 1613(a) of 

20 such Act (42 U.S.C. 1382b(a)) is amended— 

21 (1) by striking ‘‘and’’ at the end of paragraph 

22 (14); 

23 (2) by striking the period at the end of para24 graph (15) and inserting ‘‘; and’’; and 

25 (3) by adding at the end the following: 


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1 ‘‘(16) if such individual (or such spouse) is 

2 under a disability (as defined in section 223(d) of 

3 this Act), is blind or disabled for purposes of this 

4 title, has a disability (as defined in section 7(9) of 

5 the Rehabilitation Act of 1973), or has a develop6 mental disability (as defined in section 102(8) of the 

7 Developmental Disabilities Assistance and Bill of 

8 Rights Act of 2000), the value of (and any amount 

9 received from) a survivor annuity of which such indi10 vidual (or such spouse) is a beneficiary if the annu11 ity was obtained by a person who, as of the time the 

12 person died, was providing support or maintenance 

13 to such individual (or such spouse).’’. 

14 SEC. 2. REQUIREMENT THAT SURVIVOR ANNUITY PAY15 MENTS MADE TO DISABLED DEPENDENTS BE 

16 DISREGARDED UNDER THE MEDICAID PRO17 GRAM. 

18 Section 1902(r) of the Social Security Act (42 U.S.C. 

19 1396a(r)) is amended by adding at the end the following 

20 new paragraph: 

21 ‘‘(3) For purposes of determining income and re22 sources eligibility under this title for an individual (or 

23 whose spouse) is under a disability (as defined in section 

24 223(d) of this Act), is blind or disabled for purposes of 

25 this title, has a disability (as defined in section 7(9) of 


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1 the Rehabilitation Act of 1973), or has a developmental 

2 disability (as defined in section 102(8) of the Develop3 mental Disabilities Assistance and Bill of Rights Act of 

4 2000), there shall be excluded the value of (and any 

5 amount received from) a survivor annuity of which such 

6 individual (or such spouse) is a beneficiary if the annuity 

7 was obtained by a person who, as of the time the person 

8 died, was providing support or maintenance to such indi9 vidual (or such spouse).’’. 

10 SEC. 3. EFFECTIVE DATE. 

11 The amendments made by this Act shall apply to de12 terminations for calendar months beginning 6 months or 

13 more after the date of the enactment of this Act. 

Æ 


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