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 per-
son who establishes such a trust to begin participating 
in the Survivor Benefit Plan, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Debra Nixon Special 
Needs Trust Inclusion Act’’. 
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SEC. 2. AUTHORIZATION TO PARTICIPATE IN OR CHANGE 
BENEFICIARY UNDER THE SURVIVOR BEN-
EFIT PLAN TO PROVIDE COVERAGE FOR CER-
TAIN CHILDREN WITH SPECIAL NEEDS. 
(a) PARTICIPATION BY PERSON WHO ESTABLISHES 
TRUST
FOR SPECIAL NEEDS CHILD AFTER RETIRE-
MENT.—Section 1448(a)(5) of title 10, United States 
Code, is amended— 
(1) in subparagraph (A)— 
(A) by striking ‘‘or’’ and inserting a 
comma; and 
(B) by inserting ‘‘, or establishes a trust 
described in subsection (b)(6)’’ before ‘‘may’’; 
and 
(2) in subparagraph (B)— 
(A) by striking ‘‘or’’ and inserting a 
comma; and 
(B) by inserting ‘‘, or establishes a trust 
described in subsection (b)(6)’’ before the pe-
riod. 
(b) CHANGE
IN ELECTION
OF BENEFICIARY
TO 
TRUST
FOR
SPECIAL
NEEDS
CHILD.—Section 
1450(f)(1)(A) of title 10, United States Code, is amend-
ed— 
(1) in the heading, by striking ‘‘OR CHILD’’ and 
inserting ‘‘, CHILD, OR TRUST’’; 
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(2) by striking ‘‘or’’ and inserting a comma; 
and 
(3) by inserting ‘‘, or a trust described in sec-
tion 1448(b)(6) of this title’’ before the period. 
SEC. 3. OPEN ENROLLMENT PERIOD FOR CHANGES IN 
BENEFICIARIES UNDER THE SURVIVOR BEN-
EFIT PLAN TO PROVIDE COVERAGE FOR CER-
TAIN CHILDREN WITH SPECIAL NEEDS. 
(a) ELECTION TO CHANGE BENEFICIARY.—During 
the open enrollment period, an eligible individual may elect 
to change the beneficiary, previously elected by that eligi-
ble individual, of an annuity under the Survivor Benefit 
Plan, to provide coverage for— 
(1) a trust established for a special needs child; 
(2) a spouse and a trust established for a spe-
cial needs child; or 
(3) a former spouse and a trust established for 
a special needs child. 
(b) MANNER OF MAKING ELECTION.—An election 
under this section shall be made in writing, signed by the 
eligible individual making the election, and received by the 
Secretary concerned before the end of the open enrollment 
period. 
(c) EFFECTIVE DATE OF ELECTION.—An election 
under this section shall be effective on the first day of 
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the first calendar month following the month in which the 
election is made. 
(d) DEFINITIONS.—In this section; 
(1) The term ‘‘eligible individual’’ means an in-
dividual who— 
(A) is a person described in subsection 
(b)(6) of section 1448 of title 10, United States 
Code; and 
(B) before the open enrollment period, is a 
participant in the Survivor Benefit Plan pro-
viding coverage for a spouse or former spouse. 
(2) The term ‘‘open enrollment period’’ means 
the one-year period beginning on the date of the en-
actment of this Act. 
(3) The term ‘‘Secretary concerned’’ has the 
meaning given that term in section 101 of the 
Servicemembers Civil Relief Act (50 U.S.C. 3911). 
(4) The term ‘‘Survivor Benefit Plan’’ means 
the program established under subchapter II of 
chapter 73 of title 10, United States Code. 
(5) The term ‘‘trust established for a special 
needs child’’ means a trust described in subsection 
(b)(6) of section 1448 of title 10, United States 
Code. 
Æ 
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