I 

109TH CONGRESS 

1ST SESSION H. R. 3459

To amend title II of the Social Security Act to provide that a monthly 

insurance benefit thereunder shall be paid for the month in which the 

recipient dies. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 27, 2005

Mr. ANDREWS introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL

To amend title II of the Social Security Act to provide 

that a monthly insurance benefit thereunder shall be 

paid for the month in which the recipient dies.

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

3 SECTION 1. PAYMENT OF BENEFITS FOR MONTH OF RE4 CIPIENT’S DEATH. 

5 (a) OLD-AGE INSURANCE BENEFITS.—Section 

6 202(a) of the Social Security Act (42 U.S.C. 402(a)) is 

7 amended by striking ‘‘the month preceding’’ in the matter 

8 following subparagraph (B). 

9 (b) WIFE’S INSURANCE BENEFITS.—
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1 (1) IN GENERAL.—Section 202(b)(1) of such 

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

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

4 month’’ in the matter immediately following 

5 clause (ii) and inserting ‘‘and ending with the 

6 month in which she dies or (if earlier) with the 

7 month’’; 

8 (B) by striking subparagraph (E); and 

9 (C) by redesignating subparagraphs (F) 

10 through (K) as subparagraphs (E) through (J), 

11 respectively. 

12 (2) CONFORMING AMENDMENT.—Section 

13 202(b)(5)(B) of such Act (42 U.S.C. 402(b)(5)(B)) 

14 is amended by striking ‘‘(E), (F), (H), or (J)’’ and 

15 inserting ‘‘(E), (G), or (I)’’. 

16 (c) HUSBAND’S INSURANCE BENEFITS.—

17 (1) IN GENERAL.—Section 202(c)(1) of such 

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

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

20 month’’ in the matter immediately following 

21 clause (ii) and inserting ‘‘and ending with the 

22 month in which he dies or (if earlier) with the 

23 month’’; 

24 (B) by striking subparagraph (E); and 
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1 (C) by redesignating subparagraphs (F) 

2 through (K) as subparagraphs (E) through (J), 

3 respectively. 

4 (2) CONFORMING AMENDMENT.—Section 

5 202(c)(5)(B) of such Act (42 U.S.C. 402(c)(5)(B)) 

6 is amended by striking ‘‘(E), (F), (H), or (J)’’ and 

7 inserting ‘‘(E), (G), or (I)’’. 

8 (d) CHILD’S INSURANCE BENEFITS.—Section 

9 202(d)(1) of such Act (42 U.S.C. 402(d)(1)) is amend10 ed—

11 (1) by striking ‘‘and ending with the month’’ in 

12 the matter immediately preceding subparagraph (D) 

13 and inserting ‘‘and ending with the month in which 

14 such child dies or (if earlier) with the month’’; and 

15 (2) by striking ‘‘dies, or’’ in subparagraph (D). 

16 (e) WIDOW’S INSURANCE BENEFITS.—Section 

17 202(e)(1) of such Act (42 U.S.C. 402(e)(1)) is amended 

18 by striking ‘‘ending with the month preceding the first 

19 month in which any of the following occurs: she remarries, 

20 dies,’’ in the matter following subparagraph (F) and in21 serting ‘‘ending with the month in which she dies or (if 

22 earlier) with the month preceding the first month in which 

23 any of the following occurs: she remarries, or’’. 

24 (f) WIDOWER’S INSURANCE BENEFITS.—Section 

25 202(f)(1) of such Act (42 U.S.C. 402(f)(1)) is amended 
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1 by striking ‘‘ending with the month preceding the first 

2 month in which any of the following occurs: he remarries, 

3 dies,’’ in the matter following subparagraph (F) and in4 serting ‘‘ending with the month in which he dies or (if 

5 earlier) with the month preceding the first month in which 

6 any of the following occurs: he remarries,’’. 

7 (g) MOTHER’S A ND FATHER’S INSURANCE BENE8 FITS.—Section 202(g)(1) of such Act (42 U.S.C. 

9 402(g)(1)) is amended—

10 (1) by inserting ‘‘with the month in which he or 

11 she dies or (if earlier)’’ after ‘‘and ending’’ in the 

12 matter following subparagraph (F); and 

13 (2) by striking ‘‘he or she remarries, or he or 

14 she dies’’ and inserting ‘‘or he or she remarries’’. 

15 (h) PARENT’S INSURANCE BENEFITS.—Section 

16 202(h)(1) of such Act (42 U.S.C. 402(h)(1)) is amended 

17 by striking ‘‘ending with the month preceding the first 

18 month in which any of the following occurs: such parent 

19 dies, marries,’’ in the matter following subparagraph (E) 

20 and inserting ‘‘ending with the month in which such par21 ent dies or (if earlier) with the month preceding the first 

22 month in which any of the following occurs: such parent 

23 marries,’’. 

24 (i) DISABILITY INSURANCE BENEFITS.—Section 

25 223(a)(1) of such Act (42 U.S.C. 423(a)(1)) is amended 
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1 by striking ‘‘ending with the month preceding whichever 

2 of the following months is the earliest: the month in which 

3 he dies,’’ in the matter following subparagraph (D) and 

4 inserting the following: ‘‘ending with the month in which 

5 he dies or (if earlier) with whichever of the following 

6 months is the earliest:’’. 

7 (j) BENEFITS AT AGE 72 FOR CERTAIN UNINSURED

8 INDIVIDUALS.—Section 228(a) of such Act (42 U.S.C. 

9 428(a)) is amended by striking ‘‘the month preceding’’ in 

10 the matter following paragraph (4). 

11 (k) EXEMPTION FROM MAXIMUM BENEFIT CAP.—

12 Section 203 of such Act (42 U.S.C. 403) is amended by 

13 adding at the end the following new subsection: 

14 ‘‘Exemption From Maximum Benefit Cap 

15 ‘‘(m) Notwithstanding any other provision of this sec16 tion, the application of this section shall be made without 

17 regard to any benefit of an individual under section 202, 

18 223, or 228 for the month in which such individual dies.’’. 

19 SEC. 2. EFFECTIVE DATE. 

20 The amendments made by this Act shall apply with 

21 respect to deaths occurring after 180 days after the date 

22 of the enactment of this Act.

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