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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SURVIVOR BENEFIT PLAN ANNUITIES FOR SPE-
CIAL NEEDS TRUSTS ESTABLISHED FOR THE 
BENEFIT OF DEPENDENT CHILDREN INCAPA-
BLE OF SELF-SUPPORT. 
(a) SPECIAL NEEDS TRUST
AS ELIGIBLE BENE-
FICIARY.— 
(1) IN
GENERAL.—Subsection (a) of section 
1450 of title 10, United States Code, is amended— 
(A) by redesignating paragraph (4) as 
paragraph (5); and 
(B) by inserting after paragraph (3) the 
following new paragraph (4): 
‘‘(4) SPECIAL NEEDS TRUSTS FOR SOLE BEN-
EFIT
OF
CERTAIN
DEPENDENT
CHILDREN.—Not-
withstanding subsection (i), a supplemental or spe-
cial needs trust established under subparagraph (A) 
or (C) of section 1917(d)(4) of the Social Security 
Act (42 U.S.C. 1936p(d)(4)) for the sole benefit of 
a dependent child considered disabled under section 
1614(a)(3) of that Act (42 U.S.C. 1382c(a)(3)) who 
is incapable of self-support because of mental or 
physical incapacity.’’. 
(2) CONFORMING AMENDMENT.—Subsection (i) 
of such section is amended by inserting ‘‘(a)(4) or’’ 
after ‘‘subsection’’. 
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(b) REGULATIONS.—Section 1455(d) of such title is 
amended— 
(1) in the subsection heading, by striking ‘‘AND 
FIDUCIARIES’’ and inserting ‘‘, FIDUCIARIES, AND 
SPECIAL NEEDS TRUSTS’’; 
(2) in paragraph (1)— 
(A) in subparagraph (A), by striking 
‘‘and’’ at the end; 
(B) in subparagraph (B), by striking the 
period at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(C) a dependent child incapable of self- 
support because of mental or physical inca-
pacity for whom a supplemental or special 
needs trust has been established under subpara-
graph (A) or (C) of section 1917(d)(4) of the 
Social Security Act (42 U.S.C. 1936p(d)(4)).’’; 
(3) in paragraph (2)— 
(A) by redesignating subparagraphs (C) 
through (H) as subparagraphs (D) through (I), 
respectively; 
(B) by inserting after subparagraph (B) 
the following new subparagraph (C): 
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‘‘(C) In the case of an annuitant referred 
to in paragraph (1)(C), payment of the annuity 
to the supplemental or special needs trust es-
tablished for the annuitant.’’; 
(C) in subparagraph (D), as redesignated, 
by striking ‘‘subparagraphs (D) and (E)’’ and 
inserting ‘‘subparagraphs (E) and (F)’’; and 
(D) in subparagraph (H), as so redesig-
nated— 
(i) by inserting ‘‘or (1)(C)’’ after 
‘‘paragraph (1)(B)’’ in the matter pre-
ceding clause (i); 
(ii) in clause (i), by striking ‘‘and’’ at 
the end; 
(iii) in clause (ii), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(iv) by adding at the end the following 
new clause: 
‘‘(iii) procedures for determining when 
annuity payments to a supplemental or 
special needs trust shall end based on the 
death or marriage of the dependent child 
for which the trust was established.’’; and 
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(4) in paragraph (3), by striking ‘‘TO GUARD-
IAN OR FIDUCIARY’’ in the paragraph heading. 
Æ 
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