Debra Nixon Special Needs Trust Inclusion Act

I 117TH CONGRESS 1ST SESSION H. R. 2109 To amend title 10, United States Code, to authorize a person participating in the Survivor Benefit Plan to change the beneficiary to a supplemental or special needs trust for the benefit of a dependent child, to authorize a person who establishes such a trust to begin participating in the Survivor Benefit Plan, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 19, 2021 Ms. SHERRILL (for herself and Mr. BILIRAKIS) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to authorize a person participating in the Survivor Benefit Plan to change the beneficiary to a supplemental or special needs trust for the benefit of a dependent child, to authorize a per- son who establishes such a trust to begin participating in the Survivor Benefit Plan, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Debra Nixon Special 4 Needs Trust Inclusion Act’’. 5 VerDate Sep 11 2014 22:04 May 19, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2109.IH H2109 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 2109 IH SEC. 2. AUTHORIZATION TO PARTICIPATE IN OR CHANGE 1 BENEFICIARY UNDER THE SURVIVOR BEN- 2 EFIT PLAN TO PROVIDE COVERAGE FOR CER- 3 TAIN CHILDREN WITH SPECIAL NEEDS. 4 (a) PARTICIPATION BY PERSON WHO ESTABLISHES 5 TRUST FOR SPECIAL NEEDS CHILD AFTER RETIRE- 6 MENT.—Section 1448(a)(5) of title 10, United States 7 Code, is amended— 8 (1) in subparagraph (A)— 9 (A) by striking ‘‘or’’ and inserting a 10 comma; and 11 (B) by inserting ‘‘, or establishes a trust 12 described in subsection (b)(6)’’ before ‘‘may’’; 13 and 14 (2) in subparagraph (B)— 15 (A) by striking ‘‘or’’ and inserting a 16 comma; and 17 (B) by inserting ‘‘, or establishes a trust 18 described in subsection (b)(6)’’ before the pe- 19 riod. 20 (b) CHANGE IN ELECTION OF BENEFICIARY TO 21 TRUST FOR SPECIAL NEEDS CHILD.—Section 22 1450(f)(1)(A) of title 10, United States Code, is amend- 23 ed— 24 (1) in the heading, by striking ‘‘OR CHILD’’ and 25 inserting ‘‘, CHILD, OR TRUST’’; 26 VerDate Sep 11 2014 22:04 May 19, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2109.IH H2109 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 2109 IH (2) by striking ‘‘or’’ and inserting a comma; 1 and 2 (3) by inserting ‘‘, or a trust described in sec- 3 tion 1448(b)(6) of this title’’ before the period. 4 SEC. 3. OPEN ENROLLMENT PERIOD FOR CHANGES IN 5 BENEFICIARIES UNDER THE SURVIVOR BEN- 6 EFIT PLAN TO PROVIDE COVERAGE FOR CER- 7 TAIN CHILDREN WITH SPECIAL NEEDS. 8 (a) ELECTION TO CHANGE BENEFICIARY.—During 9 the open enrollment period, an eligible individual may elect 10 to change the beneficiary, previously elected by that eligi- 11 ble individual, of an annuity under the Survivor Benefit 12 Plan, to provide coverage for— 13 (1) a trust established for a special needs child; 14 (2) a spouse and a trust established for a spe- 15 cial needs child; or 16 (3) a former spouse and a trust established for 17 a special needs child. 18 (b) MANNER OF MAKING ELECTION.—An election 19 under this section shall be made in writing, signed by the 20 eligible individual making the election, and received by the 21 Secretary concerned before the end of the open enrollment 22 period. 23 (c) EFFECTIVE DATE OF ELECTION.—An election 24 under this section shall be effective on the first day of 25 VerDate Sep 11 2014 22:04 May 19, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2109.IH H2109 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 2109 IH the first calendar month following the month in which the 1 election is made. 2 (d) DEFINITIONS.—In this section; 3 (1) The term ‘‘eligible individual’’ means an in- 4 dividual who— 5 (A) is a person described in subsection 6 (b)(6) of section 1448 of title 10, United States 7 Code; and 8 (B) before the open enrollment period, is a 9 participant in the Survivor Benefit Plan pro- 10 viding coverage for a spouse or former spouse. 11 (2) The term ‘‘open enrollment period’’ means 12 the one-year period beginning on the date of the en- 13 actment of this Act. 14 (3) The term ‘‘Secretary concerned’’ has the 15 meaning given that term in section 101 of the 16 Servicemembers Civil Relief Act (50 U.S.C. 3911). 17 (4) The term ‘‘Survivor Benefit Plan’’ means 18 the program established under subchapter II of 19 chapter 73 of title 10, United States Code. 20 (5) The term ‘‘trust established for a special 21 needs child’’ means a trust described in subsection 22 (b)(6) of section 1448 of title 10, United States 23 Code. 24 Æ VerDate Sep 11 2014 22:04 May 19, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H2109.IH H2109 kjohnson on DSK79L0C42PROD with BILLS