I 

117TH CONGRESS 

1ST SESSION H. R. 2109 

To amend title 10, United States Code, to authorize a person participating 

in the Survivor Benefit Plan to change the beneficiary to a supplemental 

or special needs trust for the benefit of a dependent child, to authorize 

a person who establishes such a trust to begin participating in the 

Survivor Benefit Plan, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 19, 2021 

Ms. SHERRILL (for herself and Mr. BILIRAKIS) introduced the following bill; 

which was referred to the Committee on Armed Services 

A BILL 

To amend title 10, United States Code, to authorize a person 

participating in the Survivor Benefit Plan to change 

the beneficiary to a supplemental or special needs trust 

for the benefit of a dependent child, to authorize a person who establishes such a trust to begin participating 

in the Survivor Benefit Plan, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Debra Nixon Special 

5 Needs Trust Inclusion Act’’. 


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1 SEC. 2. AUTHORIZATION TO PARTICIPATE IN OR CHANGE 

2 BENEFICIARY UNDER THE SURVIVOR BEN3 EFIT PLAN TO PROVIDE COVERAGE FOR CER4 TAIN CHILDREN WITH SPECIAL NEEDS. 

5 (a) PARTICIPATION BY PERSON WHO ESTABLISHES

6 TRUST FOR SPECIAL NEEDS CHILD AFTER RETIRE7 MENT.—Section 1448(a)(5) of title 10, United States 

8 Code, is amended— 

9 (1) in subparagraph (A)— 

10 (A) by striking ‘‘or’’ and inserting a 

11 comma; and 

12 (B) by inserting ‘‘, or establishes a trust 

13 described in subsection (b)(6)’’ before ‘‘may’’; 

14 and 

15 (2) in subparagraph (B)— 

16 (A) by striking ‘‘or’’ and inserting a 

17 comma; and 

18 (B) by inserting ‘‘, or establishes a trust 

19 described in subsection (b)(6)’’ before the pe20 riod. 

21 (b) CHANGE IN ELECTION OF BENEFICIARY TO

22 TRUST FOR SPECIAL NEEDS CHILD.—Section 

23 1450(f)(1)(A) of title 10, United States Code, is amend24 ed— 

25 (1) in the heading, by striking ‘‘OR CHILD’’ and 

26 inserting ‘‘, CHILD, OR TRUST’’; 


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1 (2) by striking ‘‘or’’ and inserting a comma; 

2 and 

3 (3) by inserting ‘‘, or a trust described in sec4 tion 1448(b)(6) of this title’’ before the period. 

5 SEC. 3. OPEN ENROLLMENT PERIOD FOR CHANGES IN 

6 BENEFICIARIES UNDER THE SURVIVOR BEN7 EFIT PLAN TO PROVIDE COVERAGE FOR CER8 TAIN CHILDREN WITH SPECIAL NEEDS. 

9 (a) ELECTION TO CHANGE BENEFICIARY.—During 

10 the open enrollment period, an eligible individual may elect 

11 to change the beneficiary, previously elected by that eligi12 ble individual, of an annuity under the Survivor Benefit 

13 Plan, to provide coverage for— 

14 (1) a trust established for a special needs child; 

15 (2) a spouse and a trust established for a spe16 cial needs child; or 

17 (3) a former spouse and a trust established for 

18 a special needs child. 

19 (b) MANNER OF MAKING ELECTION.—An election 

20 under this section shall be made in writing, signed by the 

21 eligible individual making the election, and received by the 

22 Secretary concerned before the end of the open enrollment 

23 period. 

24 (c) EFFECTIVE DATE OF ELECTION.—An election 

25 under this section shall be effective on the first day of 


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1 the first calendar month following the month in which the 

2 election is made. 

3 (d) DEFINITIONS.—In this section; 

4 (1) The term ‘‘eligible individual’’ means an in5 dividual who— 

6 (A) is a person described in subsection 

7 (b)(6) of section 1448 of title 10, United States 

8 Code; and 

9 (B) before the open enrollment period, is a 

10 participant in the Survivor Benefit Plan pro11 viding coverage for a spouse or former spouse. 

12 (2) The term ‘‘open enrollment period’’ means 

13 the one-year period beginning on the date of the en14 actment of this Act. 

15 (3) The term ‘‘Secretary concerned’’ has the 

16 meaning given that term in section 101 of the 

17 Servicemembers Civil Relief Act (50 U.S.C. 3911). 

18 (4) The term ‘‘Survivor Benefit Plan’’ means 

19 the program established under subchapter II of 

20 chapter 73 of title 10, United States Code. 

21 (5) The term ‘‘trust established for a special 

22 needs child’’ means a trust described in subsection 

23 (b)(6) of section 1448 of title 10, United States 

24 Code. 

Æ 


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