Home > 105th Congressional Bills > S. 2419 (is) To amend the Public Utility Regulatory Policies Act of 1978 to protect ...S. 2419 (is) To amend the Public Utility Regulatory Policies Act of 1978 to protect ...
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>
Pages: 1 Other Popular 105th Congressional Bills Documents:
|
| GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information. |
 |