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.

January 15, 2003

Mrs. LINCOLN introduced the following bill; which was read twice and referred to the Committee on Finance

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.

END