Sec. 2. Survivor Benefit Plan annuities for special needs trusts established for the benefit of dependent children incapable of self-support
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Subsection
(a)of section 1450 of title 10, United States Code, is amended— by redesignating paragraph
(4)as paragraph (5); and by inserting after paragraph
(3)the following new paragraph (4): 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. . Subsection
(i)of such section is amended by inserting (a)(4) or after subsection . Section 1455(d) of such title is amended— in the subsection heading, by striking and inserting and fiduciaries ; , fiduciaries, and special needs trusts in paragraph (1)— in subparagraph (A), by striking and at the end; in subparagraph (B), by striking the period at the end and inserting ; and ; and by adding at the end the following new subparagraph: 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. ; in paragraph (2)— by redesignating subparagraphs
(C)through
(H)as subparagraphs
(D)through (I), respectively; by inserting after subparagraph
(B)the following new subparagraph (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. ; in subparagraph (D), as redesignated, by striking subparagraphs
(D)and
(E)and inserting subparagraphs
(E)and
(F); and in subparagraph (H), as so redesignated— by inserting or (1)(C) after paragraph (1)(B) in the matter preceding clause (i); in clause (i), by striking and at the end; in clause (ii), by striking the period at the end and inserting ; and ; and by adding at the end the following new clause: 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 in paragraph (3), by striking in the paragraph heading. to guardian or fiduciary
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Sec. 2
Survivor Benefit Plan annuities for special needs trusts established for the benefit of dependent children incapable of self-support
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