II 

108TH CONGRESS 

2D SESSION S. 2418 

To amend chapters 83 and 84 of title 5, United States Code, to authorize 

payments to certain trusts under the Social Security Act, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 13, 2004 

Mr. CAMPBELL introduced the following bill; which was read twice and 

referred to the Committee on Governmental Affairs 

A BILL 

To amend chapters 83 and 84 of title 5, United States 

Code, to authorize payments to certain trusts under the 

Social Security Act, 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. AUTHORIZATION OF CERTAIN PAYMENTS 

4 UNDER THE CIVIL SERVICE RETIREMENT 

5 SYSTEM AND THE FEDERAL EMPLOYEES RE6 TIREMENT SYSTEM TO CERTAIN TRUSTS 

7 UNDER THE SOCIAL SECURITY ACT. 

8 (a) CIVIL SERVICE RETIREMENT SYSTEM.— 
2 

•S 2418 IS 

1 (1) PAYMENTS.—Section 8345(e) of title 5, 

2 United States Code, is amended— 

3 (A) by inserting ‘‘(1)’’ after ‘‘(e)’’; and 

4 (B) by adding at the end the following: 

5 ‘‘(2)(A) In this paragraph, the terms ‘dependent’ and 

6 ‘child’ have the meanings given under section 8441 (3) 

7 and (4), respectively. 

8 ‘‘(B) Payment due a minor, or an individual mentally 

9 incompetent or under other legal disability may be made 

10 to a trustee under a trust meeting the requirements of 

11 subparagraph (A) or (C) of section 1917(d)(4) of the So12 cial Security Act (42 U.S.C. 1396p(d)(4) (A) or (C)), if— 

13 ‘‘(i) in the case of a minor, the minor is— 

14 ‘‘(I) a child of the person upon whom the 

15 benefit for payment due is based; or 

16 ‘‘(II) a dependent (who is a child) of the 

17 person upon whom the benefit for payment due 

18 is based; or 

19 ‘‘(ii) in the case of an individual mentally in20 competent or under legal disability— 

21 ‘‘(I) the incompetency or disability oc22 curred during the period that the individual was 

23 a child or a dependent (who was a child) of the 

24 person upon whom the benefit for payment due 

25 is based; and 
3 

•S 2418 IS 

1 ‘‘(II) that incompetency or disability has 

2 been continuous since that occurrence through 

3 the date of the payment due.’’. 

4 (2) ASSIGNABILITY OF PAYMENTS.—Section 

5 8346(a) of title 5, United States Code, is amend6 ed— 

7 (A) by inserting ‘‘(1)’’ after ‘‘(a)’’; and 

8 (B) by adding at the end the following: 

9 ‘‘(2)(A) In this paragraph, the terms ‘dependent’ and 

10 ‘child’ have the meanings given under section 8441 (3) 

11 and (4), respectively. 

12 ‘‘(B) Except as provided under paragraph (1), money 

13 payable under this subchapter to a minor or an individual 

14 mentally incompetent or under other legal disability is not 

15 assignable, either in law or equity, except to a trustee 

16 under a trust meeting the requirements of subparagraph 

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

18 Act (42 U.S.C. 1396p(d)(4) (A) or (C)), if— 

19 ‘‘(i) in the case of a minor, the minor is— 

20 ‘‘(I) a child of the person upon whom the 

21 benefit for the money payable is based; or 

22 ‘‘(II) a dependent (who is a child) of the 

23 person upon whom the benefit for the money 

24 payable is based; or 
4 

•S 2418 IS 

1 ‘‘(ii) in the case of an individual mentally in2 competent or under legal disability— 

3 ‘‘(I) the incompetency or disability oc4 curred during the period that the individual was 

5 a child or a dependent (who was a child) of the 

6 person upon whom the benefit for the money 

7 payable is based; and 

8 ‘‘(II) that incompetency or disability has 

9 been continuous since that occurrence through 

10 the date of the payment of the money.’’. 

11 (b) FEDERAL EMPLOYEES RETIREMENT SYSTEM.— 

12 (1) PAYMENTS.—Section 8466(c) of title 5, 

13 United States Code, is amended— 

14 (A) by inserting ‘‘(1)’’ after ‘‘(c)’’; and 

15 (B) by adding at the end the following: 

16 ‘‘(2)(A) In this paragraph, the terms ‘dependent’ and 

17 ‘child’ have the meanings given under section 8441 (3) 

18 and (4), respectively. 

19 ‘‘(B) Payment due a minor, or an individual mentally 

20 incompetent or under other legal disability may be made 

21 to a trustee under a trust meeting the requirements of 

22 subparagraph (A) or (C) of section 1917(d)(4) of the So23 cial Security Act (42 U.S.C. 1396p(d)(4) (A) or (C)), if— 

24 ‘‘(i) in the case of a minor, the minor is— 
5 

•S 2418 IS 

1 ‘‘(I) a child of the person upon whom the 

2 benefit for payment due is based; or 

3 ‘‘(II) a dependent (who is a child) of the 

4 person upon whom the benefit for payment due 

5 is based; or 

6 ‘‘(ii) in the case of an individual mentally in7 competent or under legal disability— 

8 ‘‘(I) the incompetency or disability oc9 curred during the period that the individual was 

10 a child or a dependent (who was a child) of the 

11 person upon whom the benefit for payment due 

12 is based; and 

13 ‘‘(II) that incompetency or disability has 

14 been continuous since that occurrence through 

15 the date of the payment due.’’. 

16 (2) ASSIGNABILITY OF PAYMENTS.—Section 

17 8470(a) of title 5, United States Code, is amend18 ed— 

19 (A) by inserting ‘‘(1)’’ after ‘‘(a)’’; and 

20 (B) by adding at the end the following: 

21 ‘‘(2)(A) In this paragraph, the terms ‘dependent’ and 

22 ‘child’ have the meanings given under section 8441 (3) 

23 and (4), respectively. 

24 ‘‘(B) Except as provided under paragraph (1), an 

25 amount payable under subchapter II, IV, or V to a minor 
6 

•S 2418 IS 

1 or an individual mentally incompetent or under other legal 

2 disability is not assignable, either in law or equity, except 

3 to a trustee under a trust meeting the requirements of 

4 subparagraph (A) or (C) of section 1917(d)(4) of the So5 cial Security Act (42 U.S.C. 1396p(d)(4) (A) or (C)), if— 

6 ‘‘(i) in the case of a minor, the minor is— 

7 ‘‘(I) a child of the person upon whom the 

8 benefit for the amount payable is based; or 

9 ‘‘(II) a dependent (who is a child) of the 

10 person upon whom the benefit for the amount 

11 payable is based; or 

12 ‘‘(ii) in the case of an individual mentally in13 competent or under legal disability— 

14 ‘‘(I) the incompetency or disability oc15 curred during the period that the individual was 

16 a child or a dependent (who was a child) of the 

17 person upon whom the benefit for the amount 

18 payable is based; and 

19 ‘‘(II) that incompetency or disability has 

20 been continuous since that occurrence through 

21 the date of the payment of the amount.’’. 

Æ