Disabled Military Child Protection Act
On March 29, 2012 Rep. Jim Moran, D-Va., introduced the “Disabled Military Child Protection Act” which would permit military retirees who participate in the Survivor Benefit Plan (SBP) to transfer their benefits to a special needs trust for their child(ren) with a disability, which would be accessible after the retiree dies.
Military retirees who elect to participate in SBP pay monthly premiums; the SBP provides up to 55 percent of a member’s monthly retired pay to survivors. Presently, these benefits must go to disabled individuals directly and would count as income, thus jeopardizing programs like Medicaid and Supplemental Security Income (SSI).
This would protect the Survivor Benefit and the public benefit for the child with a disability under the umbrella of a protected special needs trust.
For more information regarding the Disabled Military Child Protection Act, read the article published on April 3, 2012 by Karen Jowers of the Army Times.