I 
112TH CONGRESS 
2D SESSION 
H. R. 4329 
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 
MARCH 29, 2012 
Mr. MORAN (for himself, Mrs. CAPPS, Mr. POLIS, Mr. RANGEL, and Mr. 
ROTHMAN of New Jersey) introduced the following bill; which was re-
ferred 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, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Disabled Military Child 
Protection Act of 2012’’. 
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SEC. 2. SURVIVOR BENEFIT PLAN ANNUITIES FOR SPECIAL 
NEEDS TRUSTS ESTABLISHED FOR THE BEN-
EFIT OF DEPENDENT CHILDREN INCAPABLE 
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 described in subparagraph (A) or 
(C) of section 1917(d)(4) of the Social Security Act 
(42 U.S.C. 1396p(d)(4)) that is established 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 be-
cause 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, as described in subparagraph (A) 
or (C) of section 1917(d)(4) of the Social Secu-
rity Act (42 U.S.C. 1396p(d)(4)), has been es-
tablished.’’; 
(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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