II 

117TH CONGRESS 

2D SESSION S. 4583 

To amend title II of the Social Security Act and the Internal Revenue 

Code of 1986 to make improvements in the old-age, survivors, and 

disability insurance program, and to provide for Social Security benefit 

protection. 

IN THE SENATE OF THE UNITED STATES 

JULY 21, 2022 

Ms. HIRONO (for herself, Ms. SMITH, and Mr. MERKLEY) introduced the 

following bill; which was read twice and referred to the Committee on Finance 

A BILL 

To amend title II of the Social Security Act and the Internal 

Revenue Code of 1986 to make improvements in the 

old-age, survivors, and disability insurance program, and 

to provide for Social Security benefit protection. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Protecting and Preserving Social Security Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows: 

Sec. 1. Short title and table of contents. 


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TITLE I—COST-OF-LIVING INCREASES 

Sec. 101. Consumer Price Index for Elderly Consumers. 

Sec. 102. Computation of cost-of-living increases. 

TITLE II—CONTRIBUTION AND BENEFIT FAIRNESS 

Sec. 201. Determination of wages and self-employment income above contribution and benefit base after 2022. 

Sec. 202. Inclusion of surplus earnings in Social Security benefit formula. 

Sec. 203. Preventing an unintended drop in benefits relating to the application 

of the National Average Wage Index. 

TITLE III—BENEFIT ADJUSTMENT OF SOCIAL SECURITY INCOME 

COMPENSATION 

Sec. 301. Continuation of benefits through month of beneficiary’s death. 

1 TITLE I—COST-OF-LIVING 

2 INCREASES 

3 SEC. 101. CONSUMER PRICE INDEX FOR ELDERLY CON4 SUMERS. 

5 (a) IN GENERAL.—The Bureau of Labor Statistics 

6 of the Department of Labor shall prepare and publish an 

7 index for each calendar month to be known as the ‘‘Con8 sumer Price Index for Elderly Consumers’’ that indicates 

9 changes over time in expenditures for consumption which 

10 are typical for individuals in the United States who are 

11 62 years of age or older. 

12 (b) EFFECTIVE DATE.—Subsection (a) shall apply 

13 with respect to calendar months ending on or after July 

14 31 of the calendar year following the calendar year in 

15 which this Act is enacted. 

16 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated such sums as are nec18 essary to carry out the provisions of this section. 


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1 SEC. 102. COMPUTATION OF COST-OF-LIVING INCREASES. 

2 (a) IN GENERAL.—Section 215(i)(1) of the Social Se3 curity Act (42 U.S.C. 415(i)(1)) is amended by adding 

4 at the end the following new subparagraph: 

5 ‘‘(H) the term ‘Consumer Price Index’ 

6 means the Consumer Price Index for Elderly 

7 Consumers (CPI–E, as published by the Bu8 reau of Labor Statistics of the Department of 

9 Labor).’’. 

10 (b) APPLICATION TO PRE-1979 LAW.— 

11 (1) IN GENERAL.—Section 215(i)(1) of the So12 cial Security Act as in effect in December 1978, and 

13 as applied in certain cases under the provisions of 

14 such Act as in effect after December 1978, is 

15 amended by adding at the end the following new 

16 subparagraph: 

17 ‘‘(D) the term ‘Consumer Price Index’ 

18 means the Consumer Price Index for Elderly 

19 Consumers (CPI–E, as published by the Bu20 reau of Labor Statistics of the Department of 

21 Labor).’’. 

22 (2) CONFORMING AMENDMENT.—Section 

23 215(i)(4) of the Social Security Act (42 U.S.C. 

24 415(i)(4)) is amended by inserting ‘‘and by section 

25 102 of the Protecting and Preserving Social Security 

26 Act’’ after ‘‘1986’’. 


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1 (c) NO EFFECT ON ADJUSTMENTS UNDER OTHER

2 LAWS.—Section 215(i) of the Social Security Act (42 

3 U.S.C. 415(i)) is amended by adding at the end the fol4 lowing: 

5 ‘‘(6) Any provision of law (other than in this 

6 title or title XVI) which provides for adjustment of 

7 an amount based on a change in benefit amounts re8 sulting from a determination made under this sub9 section shall be applied and administered without re10 gard to the amendments made by section 102 of the 

11 Protecting and Preserving Social Security Act.’’. 

12 (d) NO EFFECT ON ELIGIBILITY FOR SSI AND MED13 ICAID.—Any increase to an individual’s monthly benefit 

14 amount under title II of the Social Security Act as a result 

15 of the amendments made by this section shall not be re16 garded as income or resources for any subsequent month, 

17 for purposes of determining the eligibility of the recipient 

18 (or the recipient’s spouse or family) for benefits or assist19 ance, or the amount or extent of benefits or assistance, 

20 under the Supplemental Security Income program or the 

21 Medicaid program. 

22 (e) EFFECTIVE DATE.—The amendments made by 

23 this section shall apply to determinations made with re24 spect to cost-of-living computation quarters (as defined in 

25 section 215(i)(1)(B) of the Social Security Act (42 U.S.C. 


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1 415(i)(1)(B))) ending on or after September 30 of the sec2 ond calendar year following the calendar year in which this 

3 Act is enacted. 

4 TITLE II—CONTRIBUTION AND 

5 BENEFIT FAIRNESS 

6 SEC. 201. DETERMINATION OF WAGES AND SELF-EMPLOY7 MENT INCOME ABOVE CONTRIBUTION AND 

8 BENEFIT BASE AFTER 2022. 

9 (a) DETERMINATION OF WAGES ABOVE CONTRIBU10 TION AND BENEFIT BASE AFTER 2022.— 

11 (1) AMENDMENTS TO THE INTERNAL REVENUE

12 CODE OF 1986.—Section 3121 of the Internal Rev13 enue Code of 1986 is amended— 

14 (A) in subsection (a)(1), by inserting ‘‘the 

15 applicable percentage (determined under sub16 section (c)(1)) of’’ before ‘‘that part of the re17 muneration’’, and 

18 (B) in subsection (c), by striking ‘‘(c) IN19 CLUDED AND EXCLUDED SERVICE.—For pur20 poses of this chapter, if’’ and inserting the fol21 lowing: 

22 ‘‘(c) SPECIAL RULES FOR WAGES AND EMPLOY23 MENT.— 

24 ‘‘(1) APPLICABLE PERCENTAGE OF REMUNERA25 TION IN DETERMINING WAGES.—For purposes of 


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1 paragraph (1) of subsection (a), the applicable per2 centage for a calendar year, in connection with any 

3 calendar year referred to in such paragraph, shall be 

4 the percentage determined in accordance with the 

5 following table: 

The applicable 

‘‘In the case of: percentage is: 

Calendar year 2023 ..................................................................... 86

Calendar year 2024 ..................................................................... 71

Calendar year 2025 ..................................................................... 57

Calendar year 2026 ..................................................................... 43

Calendar year 2027 ..................................................................... 29

Calendar year 2028 ..................................................................... 14

Calendar years after 2028 ........................................................... 0. 

6 ‘‘(2) INCLUDED AND EXCLUDED SERVICE.—For 

7 purposes of this chapter, if’’. 

8 (2) AMENDMENTS TO THE SOCIAL SECURITY

9 ACT.—Section 209 of the Social Security Act (42 

10 U.S.C. 409) is amended— 

11 (A) in subsection (a)(1)— 

12 (i) in subparagraph (I)— 

13 (I) by inserting ‘‘and before 

14 2023’’ after ‘‘1974’’; and 

15 (II) by inserting ‘‘and’’ after the 

16 semicolon; and 

17 (ii) by adding at the end the following 

18 new subparagraph: 

19 ‘‘(J) The applicable percentage (deter20 mined under subsection (l)) of that part of re21 muneration which, after remuneration (other 


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1 than remuneration referred to in the succeeding 

2 subsections of this section) equal to the con3 tribution and benefit base (determined under 

4 section 230) with respect to employment has 

5 been paid to an individual during any calendar 

6 year after 2022 with respect to which such con7 tribution and benefit base is effective, is paid to 

8 such individual during such calendar year;’’; 

9 and 

10 (B) by adding at the end the following new 

11 subsection: 

12 ‘‘(l) For purposes of subparagraph (J) of subsection 

13 (a)(1), the applicable percentage for a calendar year, in 

14 connection with any calendar year referred to in such sub15 paragraph, shall be the percentage determined in accord16 ance with the following table: 

The applicable 

‘‘In the case of: percentage is: 

Calendar year 2023 ..................................................................... 86

Calendar year 2024 ..................................................................... 71

Calendar year 2025 ..................................................................... 57

Calendar year 2026 ..................................................................... 43

Calendar year 2027 ..................................................................... 29

Calendar year 2028 ..................................................................... 14

Calendar years after 2028 ........................................................... 0.’’. 

17 (3) EFFECTIVE DATE.—The amendments made 

18 by this subsection shall apply with respect to remu19 neration paid in calendar years after 2022. 


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1 (b) DETERMINATION OF SELF-EMPLOYMENT IN2 COME ABOVE CONTRIBUTION AND BENEFIT BASE AFTER

3 2022.— 

4 (1) AMENDMENTS TO THE INTERNAL REVENUE

5 CODE OF 1986.—Section 1402 of the Internal Rev6 enue Code of 1986 is amended— 

7 (A) in subsection (b)(1), by inserting ‘‘an 

8 amount equal to the applicable percentage (as 

9 determined under subsection (d)(2)) of’’ before 

10 ‘‘that part of the net earnings from self-employ11 ment’’, and 

12 (B) in subsection (d)— 

13 (i) by striking ‘‘(d) EMPLOYEE AND

14 WAGES.—The term’’ and inserting the fol15 lowing: 

16 ‘‘(d) RULES AND DEFINITIONS.— 

17 ‘‘(1) EMPLOYEE AND WAGES.—The term’’, and 

18 (ii) by adding at the end the fol19 lowing: 

20 ‘‘(2) APPLICABLE PERCENTAGE OF NET EARN21 INGS FROM SELF-EMPLOYMENT IN DETERMINING

22 SELF-EMPLOYMENT INCOME.—For purposes of para23 graph (1) of subsection (b), the applicable percent24 age for a taxable year beginning in any calendar 

25 year referred to in such paragraph shall be the perVerDate Sep 11 2014 05:04 Jul 26, 2022 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4583.IS S4583

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1 centage determined in accordance with the following 

2 table: 

The applicable 

‘‘In the case of: percentage is: 

Calendar year 2023 ..................................................................... 86

Calendar year 2024 ..................................................................... 71

Calendar year 2025 ..................................................................... 57

Calendar year 2026 ..................................................................... 43

Calendar year 2027 ..................................................................... 29

Calendar year 2028 ..................................................................... 14

Calendar years after 2028 ........................................................... 0.’’. 

3 (2) AMENDMENTS TO THE SOCIAL SECURITY

4 ACT.—Section 211 of the Social Security Act (42 

5 U.S.C. 411) is amended— 

6 (A) in subsection (b)— 

7 (i) in paragraph (1)(I)— 

8 (I) by striking ‘‘or’’ after the 

9 semicolon; and 

10 (II) by inserting ‘‘and before 

11 2023’’ after ‘‘1974’’; 

12 (ii) by redesignating paragraph (2) as 

13 paragraph (3); and 

14 (iii) by inserting after paragraph (1) 

15 the following new paragraph: 

16 ‘‘(2) For any taxable year beginning in any cal17 endar year after 2022, an amount equal to the appli18 cable percentage (as determined under subsection 

19 (l)) of that part of net earnings from self-employ20 ment which is in excess of (A) an amount equal to 

21 the contribution and benefit base (determined under 


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1 section 230) that is effective for such calendar year, 

2 minus (B) the amount of the wages paid to such in3 dividual during such taxable year; or’’; and 

4 (B) by adding at the end the following: 

5 ‘‘(l) For purposes of paragraph (2) of subsection (b), 

6 the applicable percentage for a taxable year beginning in 

7 any calendar year referred to in such paragraph, shall be 

8 the percentage determined in accordance with the fol9 lowing table: 

The applicable 

‘‘In the case of: percentage is: 

Calendar year 2023 ..................................................................... 86

Calendar year 2024 ..................................................................... 71

Calendar year 2025 ..................................................................... 57

Calendar year 2026 ..................................................................... 43

Calendar year 2027 ..................................................................... 29

Calendar year 2028 ..................................................................... 14

Calendar years after 2028 ........................................................... 0.’’. 

10 (3) EFFECTIVE DATE.—The amendments made 

11 by this subsection shall apply with respect to taxable 

12 years beginning during or after calendar year 2023. 

13 SEC. 202. INCLUSION OF SURPLUS EARNINGS IN SOCIAL SE14 CURITY BENEFIT FORMULA. 

15 (a) INCLUSION OF SURPLUS AVERAGE INDEXED

16 MONTHLY EARNINGS IN DETERMINATION OF PRIMARY

17 INSURANCE AMOUNTS.— 

18 (1) IN GENERAL.—Section 215(a)(1)(A) of the 

19 Social Security Act (42 U.S.C. 415(a)(1)(A)) is 

20 amended— 


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1 (A) in clauses (i), (ii), and (iii), by insert2 ing ‘‘basic’’ before ‘‘average indexed monthly 

3 earnings’’ each place it appears; 

4 (B) in clause (ii), by striking ‘‘and’’ at the 

5 end; and 

6 (C) by inserting after clause (iii) the fol7 lowing new clauses: 

8 ‘‘(iv) 3 percent of the individual’s surplus aver9 age indexed monthly earnings to the extent such 

10 surplus average indexed monthly earnings do not ex11 ceed the excess of the amount established for purposes of this clause by subparagraph (B) over 1 12 ⁄12

13 of the contribution and benefit base for the last of 

14 such individual’s computation base years, and 

15 ‘‘(v) 0.25 percent of the sum of the individual’s 

surplus average indexed monthly earnings plus 1 16 ⁄12

17 of the contribution and benefit base for the last of 

18 such individual’s computation base years, to the ex19 tent such sum exceeds the amount established for 

20 purposes of clause (iv) by subparagraph (B).’’. 

21 (2) BEND POINT FOR SURPLUS EARNINGS.— 

22 Section 215(a)(1)(B) of such Act (42 U.S.C. 

23 415(a)(1)(B)) is amended— 

24 (A) in clause (ii), by striking ‘‘the amounts 

25 so established’’ and inserting ‘‘the amounts esVerDate Sep 11 2014 05:04 Jul 26, 2022 Jkt 029200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S4583.IS S4583

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1 tablished for purposes of clauses (i) and (ii) of 

2 subparagraph (A)’’; 

3 (B) by redesignating clause (iii) as clause 

4 (v); 

5 (C) in clause (v) (as redesignated), by in6 serting ‘‘or (iv)’’ after ‘‘clause (ii)’’; and 

7 (D) by inserting after clause (ii) the fol8 lowing new clauses: 

9 ‘‘(iii) For individuals who initially become eligible for 

10 old-age or disability insurance benefits, or who die (before 

11 becoming eligible for such benefits), in the calendar year 

12 2023, the amount established for purposes of clause (iv) 

13 of subparagraph (A) shall be $8,933. 

14 ‘‘(iv) For individuals who initially become eligible for 

15 old-age or disability insurance benefits, or who die (before 

16 becoming eligible for such benefits), in any calendar year 

17 after 2023, the amount established for purposes of clause 

18 (iv) of subparagraph (A) shall equal the product of the 

19 amount established with respect to the calendar year 2023 

20 under clause (iii) of this subparagraph and the quotient 

21 obtained by dividing— 

22 ‘‘(I)(aa) the national average wage index (as de23 fined in section 209(k)(1)) for the second calendar 

24 year preceding the calendar year for which the de25 termination is made, or 


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1 ‘‘(bb) if higher (and if such second calendar 

2 year is after 2023), the highest national average 

3 wage index (as so defined) for any calendar year be4 fore such second calendar year, by 

5 ‘‘(II) the national average wage index (as so de6 fined) for 2018.’’. 

7 (b) BASIC AIME AND SURPLUS AIME.— 

8 (1) BASIC AIME.—Section 215(b)(1) of such 

9 Act (42 U.S.C. 415(b)(1)) is amended— 

10 (A) by inserting ‘‘basic’’ before ‘‘average’’; 

11 and 

12 (B) in subparagraph (A), by striking 

13 ‘‘paragraph (3)’’ and inserting ‘‘paragraph 

14 (3)(A)’’ and by inserting before the comma the 

15 following: ‘‘to the extent such total does not ex16 ceed the contribution and benefit base for the 

17 applicable year’’. 

18 (2) SURPLUS AIME.— 

19 (A) IN GENERAL.—Section 215(b)(1) of 

20 such Act (as amended by paragraph (1)) is 

21 amended— 

22 (i) by redesignating subparagraphs 

23 (A) and (B) as clauses (i) and (ii), respec24 tively; 


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1 (ii) by inserting ‘‘(A)’’ after ‘‘(b)(1)’’; 

2 and 

3 (iii) by adding at the end the fol4 lowing new subparagraph: 

5 ‘‘(B)(i) An individual’s surplus average indexed 

6 monthly earnings shall be equal to the quotient obtained 

7 by dividing— 

8 ‘‘(I) the total (after adjustment under para9 graph (3)(B)) of such individual’s surplus earnings 

10 (determined under clause (ii)) for such individual’s 

11 benefit computation years (determined under para12 graph (2)), by 

13 ‘‘(II) the number of months in those years. 

14 ‘‘(ii) For purposes of clause (i) and paragraph (3)(B), 

15 an individual’s surplus earnings for a benefit computation 

16 year are the total of such individual’s wages paid in and 

17 self-employment income credited to such benefit computa18 tion year, to the extent such total (before adjustment 

19 under paragraph (3)(B)) exceeds the contribution and 

20 benefit base for such year.’’. 

21 (B) CONFORMING AMENDMENT.—The 

22 heading for section 215(b) of such Act is 

23 amended by striking ‘‘Average Indexed Monthly 

24 Earnings’’ and inserting ‘‘Basic Average InVerDate Sep 11 2014 05:04 Jul 26, 2022 Jkt 029200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S4583.IS S4583

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1 dexed Monthly Earnings; Surplus Average In2 dexed Monthly Earnings’’. 

3 (3) ADJUSTMENT OF SURPLUS EARNINGS FOR

4 PURPOSES OF DETERMINING SURPLUS AIME.—Sec5 tion 215(b)(3) of such Act (42 U.S.C. 415(b)(3)) is 

6 amended— 

7 (A) in subparagraph (A), by striking ‘‘sub8 paragraph (B)’’ and inserting ‘‘subparagraph 

9 (C)’’ and by inserting ‘‘and determination of 

10 basic average indexed monthly income’’ after 

11 ‘‘paragraph (2)’’; 

12 (B) by redesignating subparagraph (B) as 

13 subparagraph (C); and 

14 (C) by inserting after subparagraph (A) 

15 the following new subparagraph: 

16 ‘‘(B) For purposes of determining under paragraph 

17 (1)(B) an individual’s surplus average indexed monthly 

18 earnings, the individual’s surplus earnings (described in 

19 paragraph (2)(B)(ii)) for a benefit computation year shall 

20 be deemed to be equal to the product of— 

21 ‘‘(i) the individual’s surplus earnings for such 

22 year (as determined without regard to this subpara23 graph), and 

24 ‘‘(ii) the quotient described in subparagraph 

25 (A)(ii).’’. 


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1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply with respect to individuals who ini3 tially become eligible (within the meaning of section 

4 215(a)(3)(B) of the Social Security Act) for old-age or dis5 ability insurance benefits under title II of the Social Secu6 rity Act, or who die (before becoming eligible for such ben7 efits), in any calendar year after 2022. 

8 SEC. 203. PREVENTING AN UNINTENDED DROP IN BENE9 FITS RELATING TO THE APPLICATION OF 

10 THE NATIONAL AVERAGE WAGE INDEX. 

11 (a) MODIFICATIONS RELATED TO COMPUTATION OF

12 PRIMARY INSURANCE AMOUNT.—Section 215 of the So13 cial Security Act (42 U.S.C. 415) is amended— 

14 (1) in subsection (a)(1)(B)(ii)(I)— 

15 (A) in subclause (I)— 

16 (i) by striking ‘‘the national’’ and in17 serting ‘‘(aa) the national’’; and 

18 (ii) by striking ‘‘, by’’ at the end and 

19 inserting ‘‘; or’’; and 

20 (B) by adding at the end of subclause (I) 

21 the following: 

22 ‘‘(bb) if higher (and if such second 

23 calendar year is after 2022), the highest 

24 national average wage index (as so deVerDate Sep 11 2014 05:04 Jul 26, 2022 Jkt 029200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S4583.IS S4583

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1 fined) for any calendar year before such 

2 second calendar year, by’’; and 

3 (2) in subsection (b)(3)(A)(ii)— 

4 (A) in subclause (I)— 

5 (i) by striking ‘‘the national’’ and in6 serting ‘‘(aa) the national’’; and 

7 (ii) by striking ‘‘, by’’ at the end and 

8 inserting ‘‘; or’’; and 

9 (B) by adding at the end of subclause (I) 

10 the following: 

11 ‘‘(bb) if higher (and if such second 

12 calendar year is after 2022), the highest 

13 national average wage index (as so de14 fined) for any calendar year before such 

15 second calendar year, by’’. 

16 (b) MODIFICATION RELATED TO REDUCTION OF

17 BENEFITS BASED ON DISABILITY.—Section 

18 224(f)(2)(B)(i) of such Act (42 U.S.C. 424(f)(2)(B)(i)) is 

19 amended by inserting ‘‘(or if higher (and if such calendar 

20 year is after 2022), the highest national average wage 

21 index (as so defined) for any calendar year before such 

22 calendar year)’’ after ‘‘made’’. 


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1 TITLE III—BENEFIT ADJUST2 MENT OF SOCIAL SECURITY 

3 INCOME COMPENSATION 

4 SEC. 301. CONTINUATION OF BENEFITS THROUGH MONTH 

5 OF BENEFICIARY’S DEATH. 

6 (a) IN GENERAL.— 

7 (1) OLD-AGE INSURANCE BENEFITS.—Section 

8 202(a) of the Social Security Act (42 U.S.C. 402(a)) 

9 is amended by striking ‘‘the month preceding’’ in the 

10 matter following subparagraph (B). 

11 (2) WIFE’S INSURANCE BENEFITS.— 

12 (A) IN GENERAL.—Section 202(b)(1) of 

13 such Act (42 U.S.C. 402(b)(1)) is amended— 

14 (i) by striking ‘‘and ending with the 

15 month’’ in the matter immediately fol16 lowing clause (ii) and inserting ‘‘and end17 ing with the month in which she dies or (if 

18 earlier) with the month’’; 

19 (ii) by striking subparagraph (E); and 

20 (iii) by redesignating subparagraphs 

21 (F) through (K) as subparagraphs (E) 

22 through (J), respectively. 

23 (B) CONFORMING AMENDMENT.—Section 

24 202(b)(4)(B) of such Act (42 U.S.C. 

25 402(b)(4)(B)) is amended by striking ‘‘(E), 


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1 (F), (H), or (J)’’ and inserting ‘‘(E), (G), or 

2 (I)’’. 

3 (3) HUSBAND’S INSURANCE BENEFITS.— 

4 (A) IN GENERAL.—Section 202(c)(1) of 

5 such Act (42 U.S.C. 402(c)(1)) is amended— 

6 (i) by striking ‘‘and ending with the 

7 month’’ in the matter immediately fol8 lowing clause (ii) and inserting ‘‘and end9 ing with the month in which he dies or (if 

10 earlier) with the month’’; 

11 (ii) by striking subparagraph (E); and 

12 (iii) by redesignating subparagraphs 

13 (F) through (K) as subparagraphs (E) 

14 through (J), respectively. 

15 (B) CONFORMING AMENDMENT.—Section 

16 202(c)(4)(B) of such Act (42 U.S.C. 

17 402(c)(4)(B)) is amended by striking ‘‘(E), (F), 

18 (H), or (J)’’ and inserting ‘‘(E), (G), or (I)’’. 

19 (4) CHILD’S INSURANCE BENEFITS.—Section 

20 202(d)(1) of such Act (42 U.S.C. 402(d)(1)) is 

21 amended— 

22 (A) by striking ‘‘and ending with the 

23 month’’ in the matter immediately preceding 

24 subparagraph (D) and inserting ‘‘and ending 


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1 with the month in which such child dies or (if 

2 earlier) with the month’’; and 

3 (B) by striking ‘‘dies, or’’ in subparagraph 

4 (D). 

5 (5) WIDOW’S INSURANCE BENEFITS.—Section 

6 202(e)(1) of such Act (42 U.S.C. 402(e)(1)) is 

7 amended by striking ‘‘ending with the month pre8 ceding the first month in which any of the following 

9 occurs: she remarries, dies, becomes entitled’’ in the 

10 matter following subparagraph (F) and inserting 

11 ‘‘ending with the month in which she dies or (if ear12 lier) the month preceding the earliest of the first 

13 month in which she remarries, the month in which 

14 she becomes entitled’’. 

15 (6) WIDOWER’S INSURANCE BENEFITS.—Sec16 tion 202(f)(1) of such Act (42 U.S.C. 402(f)(1)) is 

17 amended by striking ‘‘ending with the month pre18 ceding the first month in which any of the following 

19 occurs: he remarries, dies, or becomes entitled’’ in 

20 the matter following subparagraph (F) and inserting 

21 ‘‘ending with the month in which he dies or (if ear22 lier) the month preceding the earliest of the first 

23 month in which he remarries, the month in which he 

24 becomes entitled’’. 


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1 (7) MOTHER’S AND FATHER’S INSURANCE BEN2 EFITS.—Section 202(g)(1) of such Act (42 U.S.C. 

3 402(g)(1)) is amended— 

4 (A) by inserting ‘‘the month in which he or 

5 she dies or (if earlier)’’ after ‘‘and ending with’’ 

6 in the matter following subparagraph (F); and 

7 (B) by striking ‘‘he or she remarries, or he 

8 or she dies’’ and inserting ‘‘or he or she remar9 ries’’. 

10 (8) PARENT’S INSURANCE BENEFITS.—Section 

11 202(h)(1) of such Act (42 U.S.C. 402(h)(1)) is 

12 amended by striking ‘‘ending with the month pre13 ceding the first month in which any of the following 

14 occurs: such parent dies, marries,’’ in the matter fol15 lowing subparagraph (E) and inserting ‘‘ending with 

16 the month in which such parent dies or (if earlier) 

17 the month preceding the first month in which such 

18 parent marries’’. 

19 (9) DISABILITY INSURANCE BENEFITS.—Sec20 tion 223(a)(1) of such Act (42 U.S.C. 423(a)(1)) is 

21 amended by striking ‘‘ending with the month pre22 ceding whichever of the following months is the ear23 liest: the month in which he dies,’’ in the matter fol24 lowing subparagraph (D) and inserting the fol25 lowing: ‘‘ending with the month in which he dies or 


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1 (if earlier) with the month preceding the earlier of’’ 

2 and by striking the comma after ‘‘216(l))’’. 

3 (10) BENEFITS AT AGE 72 FOR CERTAIN UNIN4 SURED INDIVIDUALS.—Section 228(a) of such Act 

5 (42 U.S.C. 428(a)) is amended by striking ‘‘the 

6 month preceding’’ in the matter following paragraph 

7 (4). 

8 (b) COMPUTATION AND PAYMENT OF LAST MONTH9 LY PAYMENT.— 

10 (1) OLD-AGE AND SURVIVORS INSURANCE BEN11 EFITS.—Section 202 of the Social Security Act (42 

12 U.S.C. 402) is amended by adding at the end the 

13 following new subsection: 

14 ‘‘(aa) PRORATED PAYMENT DUE TO DEATH.— 

15 ‘‘(1) PRORATED PAYMENT FOR LAST MONTH OF

16 ENTITLEMENT.—In the case of any monthly insur17 ance benefit paid to an individual under this section 

18 for the last month of entitlement to such benefit (in 

19 any case in which eligibility for such benefit ends be20 cause of such individual’s death in such month), the 

21 amount of such benefit under this section paid for 

22 such month shall be an amount equal to— 

23 ‘‘(A) the amount of such benefit (as deter24 mined without regard to this subsection), multi25 plied by 


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1 ‘‘(B) a fraction— 

2 ‘‘(i) the numerator of which is the 

3 number of days in such month preceding 

4 (but not including) the date of such indi5 vidual’s death, and 

6 ‘‘(ii) the denominator of which is the 

7 number of days in such month, 

8 rounded, if not a multiple of $1, to the next 

9 lower multiple of $1. This subsection shall 

10 apply with respect to such benefit after all 

11 other adjustments with respect to such benefit 

12 provided by this title have been made. Payment 

13 of such benefit for such month shall be made as 

14 provided in section 204(d). 

15 ‘‘(2) PRORATED PAYMENT FOR FIRST MONTH

16 OF ENTITLEMENT.—In the case of any monthly in17 surance benefit paid to an individual under this sec18 tion for the first month of entitlement to such ben19 efit (in any case in which eligibility for such benefit 

20 begins because of the death in such month of an21 other individual on whose wages and self-employ22 ment income such benefit are based), the amount of 

23 such benefit paid for such month shall be an amount 

24 equal to— 


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24 

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1 ‘‘(A) the amount of such benefit (as deter2 mined without regard to this subsection), multi3 plied by 

4 ‘‘(B) a fraction— 

5 ‘‘(i) the numerator of which is the 

6 number of days in such month following 

7 and including the date of the death of the 

8 individual on whose wages and self-employ9 ment income such benefit is based, and 

10 ‘‘(ii) the denominator of which is the 

11 number of days in such month, 

12 rounded, if not a multiple of $1, to the next 

13 lower multiple of $1. This subsection shall 

14 apply with respect to such benefit after all 

15 other adjustments with respect to such benefit 

16 provided by this title have been made. Payment 

17 of such benefit for such month shall be made as 

18 provided in section 204(d). 

19 ‘‘(3) PAYABLE TO ESTATE.—Any monthly in20 surance benefit under this section for the month in 

21 which the individual entitled to such benefit dies 

22 shall be paid to the estate of the individual unless 

23 the individual has named another individual as the 

24 payee for such payment.’’. 


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1 (2) DISABILITY INSURANCE BENEFITS.—Sec2 tion 223 of such Act (42 U.S.C. 423) is amended by 

3 adding at the end the following new subsection: 

4 ‘‘(k) LAST PAYMENT OF BENEFIT TERMINATED BY

5 DEATH.—(1) The amount of any individual’s monthly 

6 benefit under this section paid for the month in which the 

7 individual dies shall be an amount equal to— 

8 ‘‘(A) the amount of such benefit (as determined 

9 without regard to this subsection), multiplied by 

10 ‘‘(B) a fraction— 

11 ‘‘(i) the numerator of which is the number 

12 of days in such month preceding (but not in13 cluding) the date of such individual’s death, and 

14 ‘‘(ii) the denominator of which is the num15 ber of days in such month, 

16 rounded, if not a multiple of $1, to the next lower multiple 

17 of $1. This subsection shall apply with respect to such 

18 benefit after all other adjustments with respect to such 

19 benefit provided by this title have been made. Payment 

20 of such benefit for such month shall be made as provided 

21 in section 204(d). 

22 ‘‘(2) Any monthly insurance benefit under this sec23 tion for the month in which the individual entitled to such 

24 benefit dies shall be paid to the estate of the individual 


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1 unless the individual has named another individual as the 

2 payee for such payment.’’. 

3 (3) BENEFITS AT AGE 72 FOR CERTAIN UNIN4 SURED INDIVIDUALS.—Section 228 of such Act (42 

5 U.S.C. 428) is amended by adding at the end the 

6 following new subsection: 

7 ‘‘(i) LAST PAYMENT OF BENEFIT TERMINATED BY

8 DEATH.—(1) The amount of any individual’s monthly 

9 benefit under this section paid for the month in which the 

10 individual dies shall be an amount equal to— 

11 ‘‘(A) the amount of such benefit (as determined 

12 without regard to this subsection), multiplied by 

13 ‘‘(B) a fraction— 

14 ‘‘(i) the numerator of which is the number 

15 of days in such month preceding (but not in16 cluding) the date of such individual’s death, and 

17 ‘‘(ii) the denominator of which is the num18 ber of days in such month, 

19 rounded, if not a multiple of $1, to the next lower multiple 

20 of $1. This subsection shall apply with respect to such 

21 benefit after all other adjustments with respect to such 

22 benefit provided by this title have been made. Payment 

23 of such benefit for such month shall be made as provided 

24 in section 204(d). 


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1 ‘‘(2) Any monthly insurance benefit under this sec2 tion for the month in which the individual entitled to such 

3 benefit dies shall be paid to the estate of the individual 

4 unless the individual has named another individual as the 

5 payee for such payment.’’. 

6 (c) DISREGARD OF BENEFIT FOR MONTH OF DEATH

7 UNDER FAMILY MAXIMUM PROVISIONS.—Section 203(a) 

8 of the Social Security Act (42 U.S.C. 403(a)) is amended 

9 by adding at the end the following new paragraph: 

10 ‘‘(11) Notwithstanding any other provision of 

11 this Act, in applying the preceding provisions of this 

12 subsection (and determining maximum family bene13 fits under column V of the table in or deemed to be 

14 in section 215(a) as in effect in December 1978) 

15 with respect to the month in which the insured indi16 vidual’s death occurs, the benefit payable to such in17 dividual for that month shall be disregarded.’’. 

18 (d) EFFECTIVE DATE.—The amendments made by 

19 this section shall apply with respect to deaths occurring 

20 in the first month beginning more than 60 days after the 

21 date of enactment of this Act. 

Æ 


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