[Congressional Record Volume 150, Number 67 (Thursday, May 13, 2004)]
[Senate]
[Pages S5474-S5475]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL:
  S. 2418. 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; to the Committee on Governmental Affairs.
  Mr. CAMPBELL. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2418

       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.''.

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