[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2418 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2418

    To amend chapters 83 and 84 of title 5, United States Code, to 
authorize payments to certain trusts under the Social Security Act, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 13, 2004

 Mr. Campbell introduced the following bill; which was read twice and 
           referred to the Committee on Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
    To amend chapters 83 and 84 of title 5, United States Code, to 
authorize payments to certain trusts under the Social Security Act, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. AUTHORIZATION OF CERTAIN PAYMENTS UNDER THE CIVIL SERVICE 
              RETIREMENT SYSTEM AND THE FEDERAL EMPLOYEES RETIREMENT 
              SYSTEM TO CERTAIN TRUSTS UNDER THE SOCIAL SECURITY ACT.

    (a) Civil Service Retirement System.--
            (1) Payments.--Section 8345(e) of title 5, United States 
        Code, is amended--
                    (A) by inserting ``(1)'' after ``(e)''; and
                    (B) by adding at the end the following:
    ``(2)(A) In this paragraph, the terms `dependent' and `child' have 
the meanings given under section 8441 (3) and (4), respectively.
    ``(B) Payment due a minor, or an individual mentally incompetent or 
under other legal disability may be made to a trustee under a trust 
meeting the requirements of subparagraph (A) or (C) of section 
1917(d)(4) of the Social Security Act (42 U.S.C. 1396p(d)(4) (A) or 
(C)), if--
            ``(i) in the case of a minor, the minor is--
                    ``(I) a child of the person upon whom the benefit 
                for payment due is based; or
                    ``(II) a dependent (who is a child) of the person 
                upon whom the benefit for payment due is based; or
            ``(ii) in the case of an individual mentally incompetent or 
        under legal disability--
                    ``(I) the incompetency or disability occurred 
                during the period that the individual was a child or a 
                dependent (who was a child) of the person upon whom the 
                benefit for payment due is based; and
                    ``(II) that incompetency or disability has been 
                continuous since that occurrence through the date of 
                the payment due.''.
            (2) Assignability of payments.--Section 8346(a) of title 5, 
        United States Code, is amended--
                    (A) by inserting ``(1)'' after ``(a)''; and
                    (B) by adding at the end the following:
    ``(2)(A) In this paragraph, the terms `dependent' and `child' have 
the meanings given under section 8441 (3) and (4), respectively.
    ``(B) Except as provided under paragraph (1), money payable under 
this subchapter to a minor or an individual mentally incompetent or 
under other legal disability is not assignable, either in law or 
equity, except to a trustee under a trust meeting the requirements of 
subparagraph (A) or (C) of section 1917(d)(4) of the Social Security 
Act (42 U.S.C. 1396p(d)(4) (A) or (C)), if--
            ``(i) in the case of a minor, the minor is--
                    ``(I) a child of the person upon whom the benefit 
                for the money payable is based; or
                    ``(II) a dependent (who is a child) of the person 
                upon whom the benefit for the money payable is based; 
                or
            ``(ii) in the case of an individual mentally incompetent or 
        under legal disability--
                    ``(I) the incompetency or disability occurred 
                during the period that the individual was a child or a 
                dependent (who was a child) of the person upon whom the 
                benefit for the money payable is based; and
                    ``(II) that incompetency or disability has been 
                continuous since that occurrence through the date of 
                the payment of the money.''.
    (b) Federal Employees Retirement System.--
            (1) Payments.--Section 8466(c) of title 5, United States 
        Code, is amended--
                    (A) by inserting ``(1)'' after ``(c)''; and
                    (B) by adding at the end the following:
    ``(2)(A) In this paragraph, the terms `dependent' and `child' have 
the meanings given under section 8441 (3) and (4), respectively.
    ``(B) Payment due a minor, or an individual mentally incompetent or 
under other legal disability may be made to a trustee under a trust 
meeting the requirements of subparagraph (A) or (C) of section 
1917(d)(4) of the Social Security Act (42 U.S.C. 1396p(d)(4) (A) or 
(C)), if--
            ``(i) in the case of a minor, the minor is--
                    ``(I) a child of the person upon whom the benefit 
                for payment due is based; or
                    ``(II) a dependent (who is a child) of the person 
                upon whom the benefit for payment due is based; or
            ``(ii) in the case of an individual mentally incompetent or 
        under legal disability--
                    ``(I) the incompetency or disability occurred 
                during the period that the individual was a child or a 
                dependent (who was a child) of the person upon whom the 
                benefit for payment due is based; and
                    ``(II) that incompetency or disability has been 
                continuous since that occurrence through the date of 
                the payment due.''.
            (2) Assignability of payments.--Section 8470(a) of title 5, 
        United States Code, is amended--
                    (A) by inserting ``(1)'' after ``(a)''; and
                    (B) by adding at the end the following:
    ``(2)(A) In this paragraph, the terms `dependent' and `child' have 
the meanings given under section 8441 (3) and (4), respectively.
    ``(B) Except as provided under paragraph (1), an amount payable 
under subchapter II, IV, or V to a minor or an individual mentally 
incompetent or under other legal disability is not assignable, either 
in law or equity, except to a trustee under a trust meeting the 
requirements of subparagraph (A) or (C) of section 1917(d)(4) of the 
Social Security Act (42 U.S.C. 1396p(d)(4) (A) or (C)), if--
            ``(i) in the case of a minor, the minor is--
                    ``(I) a child of the person upon whom the benefit 
                for the amount payable is based; or
                    ``(II) a dependent (who is a child) of the person 
                upon whom the benefit for the amount payable is based; 
                or
            ``(ii) in the case of an individual mentally incompetent or 
        under legal disability--
                    ``(I) the incompetency or disability occurred 
                during the period that the individual was a child or a 
                dependent (who was a child) of the person upon whom the 
                benefit for the amount payable is based; and
                    ``(II) that incompetency or disability has been 
                continuous since that occurrence through the date of 
                the payment of the amount.''.
                                 <all>