S.Amdt. 1376

1. Adds SEC. 634. SURVIVOR BENEFIT PLAN ANNUITIES FOR SPECIAL NEEDS TRUSTS ESTABLISHED FOR THE BENEFIT OF DEPENDENT CHILDREN INCAPABLE OF SELF-SUPPORT at the end of subtitle C of title VI

   Adds a section

   In S. 1867 · Placed on Calendar Senate

   Section 635 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4241) is repealed.

   Inserted: SEC. 634. SURVIVOR BENEFIT PLAN ANNUITIES FOR SPECIAL NEEDS TRUSTS ESTABLISHED FOR THE BENEFIT OF DEPENDENT CHILDREN INCAPABLE OF SELF-SUPPORT.

   Inserted: (a) Special Needs Trust as Eligible Beneficiary.--

   Inserted: (1) In general.--Subsection (a) of section 1450 of title 10, United States Code, is amended--

   Inserted: (A) by redesignating paragraph (4) as paragraph (5); and

   Inserted: (B) by inserting after paragraph (3) the following new paragraph (4):

   Inserted: "(4) Special needs trusts for sole benefit of certain dependent children.--Notwithstanding subsection (i), a supplemental or special needs trust established under subparagraph (A) or (C) of section 1917(d)(4) of the Social Security Act (42 U.S.C. 1396p(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.".

   Inserted: (2) Conforming amendment.--Subsection (i) of such section is amended by inserting "(a)(4) or" after "subsection".

   Inserted: (b) Regulations.--Section 1455(d) of such title is amended--

   Inserted: (1) in the subsection caption, by striking "and Fiduciaries" and inserting ", Fiduciaries, and Special Needs Trusts";

   Inserted: (2) in paragraph (1)--

   Inserted: (A) in subparagraph (A), by striking "and" at the end;

   Inserted: (B) in subparagraph (B), by striking the period at the end and inserting "; and"; and

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   Inserted: (C) by adding at the end the following new subparagraph:

   Inserted: "(C) a dependent child incapable of self-support because of mental or physical incapacity for whom a supplemental or special needs trust has been established under subparagraph (A) or (C) of section 1917(d)(4) of the Social Security Act (42 U.S.C. 1396p(d)(4)).";

   Inserted: (3) in paragraph (2)--

   Inserted: (A) by redesignating subparagraphs (C) through (H) as subparagraphs (D) through (I), respectively;

   Inserted: (B) by inserting after subparagraph (B) the following new subparagraph (C):

   Inserted: "(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.";

   Inserted: (C) in subparagraph (D), as redesignated by subparagraph (A) of this paragraph, by striking "subparagraphs (D) and (E)" and inserting "subparagraphs (E) and (F)"; and

   Inserted: (D) in subparagraph (H), as so redesignated--

   Inserted: (i) by inserting "or (1)(C)" after "paragraph (1)(B)" in the matter preceding clause (i);

   Inserted: (ii) in clause (i), by striking "and" at the end;

   Inserted: (iii) in clause (ii), by striking the period at the end and inserting "; and"; and

   Inserted: (iv) by adding at the end the following new clause:

   Inserted: "(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

   Inserted: (4) in paragraph (3), by striking "or fiduciary" in the paragraph caption and inserting ", fiduciary, or trust".

   Original wording

   At the end of subtitle C of title VI, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed