II 

113TH CONGRESS 

1ST SESSION S. 1076 

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 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 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Disabled Military Child 

5 Protection Act of 2013’’. 


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•S 1076 IS

1 SEC. 2. SURVIVOR BENEFIT PLAN ANNUITIES FOR SPECIAL 

2 NEEDS TRUSTS ESTABLISHED FOR THE BEN3 EFIT OF DEPENDENT CHILDREN INCAPABLE 

4 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 described in subparagraph (A) or 

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

18 (42 U.S.C. 1396p(d)(4)) that is established for the 

19 sole benefit of a dependent child considered disabled 

20 under section 1614(a)(3) of that Act (42 U.S.C. 

21 1382c(a)(3)) who is incapable of self-support be22 cause of mental or 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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•S 1076 IS

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, as described in subparagraph (A) 

17 or (C) of section 1917(d)(4) of the Social Secu18 rity Act (42 U.S.C. 1396p(d)(4)), has been es19 tablished.’’; 

20 (3) in paragraph (2)— 

21 (A) by redesignating subparagraphs (C) 

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

23 respectively; 

24 (B) by inserting after subparagraph (B) 

25 the following new subparagraph (C): 


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•S 1076 IS

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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•S 1076 IS

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

Æ 


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