H.R.2249 - Disabled Military Child Protection Act of 2013113th Congress (2013-2014)
|Sponsor:||Rep. Moran, James P. [D-VA-8] (Introduced 06/04/2013)|
|Committees:||House - Armed Services|
|Latest Action:||08/29/2013 Referred to the Subcommittee on Military Personnel.|
|Notes:||For further action, see H.R.3979, which became Public Law 113-291 on 12/19/2014.|
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Text: H.R.2249 — 113th Congress (2013-2014)All Bill Information (Except Text)
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Introduced in House (06/04/2013)
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[Congressional Bills 113th Congress] [From the U.S. Government Printing Office] [H.R. 2249 Introduced in House (IH)] 113th CONGRESS 1st Session H. R. 2249 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 June 4, 2013 Mr. Moran (for himself, Mr. Foster, Mr. Rangel, Mr. Connolly, Mr. Ryan of Ohio, and Mr. Polis) 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 Representatives 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 2013''. SEC. 2. SURVIVOR BENEFIT PLAN ANNUITIES FOR SPECIAL NEEDS TRUSTS ESTABLISHED FOR THE BENEFIT OF DEPENDENT CHILDREN INCAPABLE OF SELF-SUPPORT. (a) Special Needs Trust as Eligible Beneficiary.-- (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 benefit of certain dependent children.--Notwithstanding subsection (i), a supplemental or special 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 because of mental or physical incapacity.''. (2) Conforming amendment.--Subsection (i) of such section is amended by inserting ``(a)(4) or'' after ``subsection''. (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 incapacity for whom a supplemental or special needs trust, as described in subparagraph (A) or (C) of section 1917(d)(4) of the Social Security Act (42 U.S.C. 1396p(d)(4)), has been established.''; (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): ``(C) In the case of an annuitant referred to in paragraph (1)(C), payment of the annuity to the supplemental or special needs trust established 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 redesignated-- (i) by inserting ``or (1)(C)'' after ``paragraph (1)(B)'' in the matter preceding clause (i); (ii) in clause (i), by striking ``and'' at the end; (iii) in clause (ii), by striking the period 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 (4) in paragraph (3), by striking ``to guardian or fiduciary'' in the paragraph heading. <all>