Disabled Military Child Protection Act of 2013

Disabled Military Child Protection Act of 2013 - Authorizes monthly annuity payments under the Survivor Benefit Plan (SBP) to a supplemental or special needs trust established for the sole benefit of a disabled dependent child who is incapable of self-support because of mental or physical incapacity.

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1076 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1076

 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 SENATE OF THE UNITED STATES

                              May 23, 2013

 Mrs. Hagan (for herself and Mrs. Gillibrand) introduced the following 
   bill; which was read twice and 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.
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