TN 93 (06-04)

Citations:

P.L. 101-201; P.L. 101-239, §10405;

20 CFR 416.1124(b), 20 CFR 416.1236(a)(15)

A. Background

Agent Orange settlement payments made in connection with the case of In re Agent Orange Product Liability Litigation come from a fund created by manufacturers of Agent Orange who agreed to pay into a settlement fund. Payments began in March 1989. Qualifying veterans will receive at least one payment a year for the life of the program. Qualifying survivors of deceased veterans will receive a single lump sum payment.

B. Policy

Effective January 1, 1989, payments made from the Agent Orange settlement fund or any other fund established pursuant to the settlement in the Agent Orange product liability litigation are excluded from income and resources.

Prior to July 1, 2004, interest earned by conserved Agent Orange settlement payments is not excluded from income. For SSI benefits payable on or after July 1, 2004, interest earned by conserved Agent Orange settlement payments is excluded from income. (See SI 00830.500C.)