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Public Statements

Statements on Introduced Bills and Joint Resolutions - S. 2418

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Date:
Location: Washington, DC


STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

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© 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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