[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 427 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 427

To amend title XVI of the Social Security Act to clarify that the value 
  of certain funeral and burial arrangements are not to be considered 
  available resources under the supplemental security income program.


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                   IN THE SENATE OF THE UNITED STATES

                           February 12, 2009

 Mrs. Lincoln (for herself, Ms. Snowe, and Mr. Johnson) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 A BILL


 
To amend title XVI of the Social Security Act to clarify that the value 
  of certain funeral and burial arrangements are not to be considered 
  available resources under the supplemental security income program.

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

SECTION 1. CERTAIN FUNERAL AND BURIAL ARRANGEMENTS NOT CONSIDERED 
              RESOURCES.

    (a) In General.--Section 1613(e)(3) of the Social Security Act (42 
U.S.C. 1382b(e)(3)) is amended by adding at the end the following:
    ``(C) If--
            ``(i) an individual or the individual's spouse enters into 
        an irrevocable contract with a provider of funeral goods and 
        services for a funeral;
            ``(ii) the individual or the individual's spouse funds the 
        contract by paying for the goods and services; and
            ``(iii)(I) the funeral provider subsequently places the 
        funds in a trust or in escrow; or
            ``(II) the individual or the individual's spouse 
        establishes an irrevocable trust, and the funeral provider is 
        the named beneficiary of the trust,
then the trust or escrow shall not be considered a resource available 
to the individual.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to payments for supplemental security income benefits under title 
XVI of the Social Security Act for months beginning on or after the 
date of enactment of this Act.
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