I 

111TH CONGRESS 

1ST SESSION H. R. 2059 

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 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. 

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


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1 SECTION 1. SURVIVOR BENEFIT PLAN ANNUITIES FOR SPE2 CIAL NEEDS TRUSTS ESTABLISHED FOR THE 

3 BENEFIT OF DEPENDENT CHILDREN INCAPA4 BLE OF SELF-SUPPORT. 

5 (a) SPECIAL NEEDS TRUST AS ELIGIBLE BENE6 FICIARY.— 

7 (1) IN GENERAL.—Subsection (a) of section 

8 1450 of title 10, United States Code, is amended— 

9 (A) by redesignating paragraph (4) as 

10 paragraph (5); and 

11 (B) by inserting after paragraph (3) the 

12 following new paragraph (4): 

13 ‘‘(4) SPECIAL NEEDS TRUSTS FOR SOLE BEN14 EFIT OF CERTAIN DEPENDENT CHILDREN.—Not15 withstanding subsection (i), a supplemental or spe16 cial needs trust established under subparagraph (A) 

17 or (C) of section 1917(d)(4) of the Social Security 

18 Act (42 U.S.C. 1936p(d)(4)) for the sole benefit of 

19 a dependent child considered disabled under section 

20 1614(a)(3) of that Act (42 U.S.C. 1382c(a)(3)) who 

21 is incapable of self-support because of mental or 

22 physical incapacity.’’. 

23 (2) CONFORMING AMENDMENT.—Subsection (i) 

24 of such section is amended by inserting ‘‘(a)(4) or’’ 

25 after ‘‘subsection’’. 


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1 (b) REGULATIONS.—Section 1455(d) of such title is 

2 amended— 

3 (1) in the subsection heading, by striking ‘‘AND

4 FIDUCIARIES’’ and inserting ‘‘, FIDUCIARIES, AND

5 SPECIAL NEEDS TRUSTS’’; 

6 (2) in paragraph (1)— 

7 (A) in subparagraph (A), by striking 

8 ‘‘and’’ at the end; 

9 (B) in subparagraph (B), by striking the 

10 period at the end and inserting ‘‘; and’’; and 

11 (C) by adding at the end the following new 

12 subparagraph: 

13 ‘‘(C) a dependent child incapable of self14 support because of mental or physical inca15 pacity for whom a supplemental or special 

16 needs trust has been established under subpara17 graph (A) or (C) of section 1917(d)(4) of the 

18 Social Security Act (42 U.S.C. 1936p(d)(4)).’’; 

19 (3) in paragraph (2)— 

20 (A) by redesignating subparagraphs (C) 

21 through (H) as subparagraphs (D) through (I), 

22 respectively; 

23 (B) by inserting after subparagraph (B) 

24 the following new subparagraph (C): 


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1 ‘‘(C) In the case of an annuitant referred 

2 to in paragraph (1)(C), payment of the annuity 

3 to the supplemental or special needs trust es4 tablished for the annuitant.’’; 

5 (C) in subparagraph (D), as redesignated, 

6 by striking ‘‘subparagraphs (D) and (E)’’ and 

7 inserting ‘‘subparagraphs (E) and (F)’’; and 

8 (D) in subparagraph (H), as so redesig9 nated— 

10 (i) by inserting ‘‘or (1)(C)’’ after 

11 ‘‘paragraph (1)(B)’’ in the matter pre12 ceding clause (i); 

13 (ii) in clause (i), by striking ‘‘and’’ at 

14 the end; 

15 (iii) in clause (ii), by striking the pe16 riod at the end and inserting ‘‘; and’’; and 

17 (iv) by adding at the end the following 

18 new clause: 

19 ‘‘(iii) procedures for determining when 

20 annuity payments to a supplemental or 

21 special needs trust shall end based on the 

22 death or marriage of the dependent child 

23 for which the trust was established.’’; and 


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1 (4) in paragraph (3), by striking ‘‘TO GUARD2 IAN OR FIDUCIARY’’ in the paragraph heading. 

Æ 


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