I 

108TH CONGRESS 

1ST SESSION H. R. 264

To amend title II of the Social Security Act to provide for payment of 

lump-sum death payments upon the death of a spouse. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 8, 2003

Mr. DUNCAN 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 

for payment of lump-sum death payments upon the death 

of a spouse.

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 LUMP-SUM DEATH PAYMENTS. 

4 (a) IN GENERAL.—Section 202(i) of the Social Secu5 rity Act (42 U.S.C. 402(i)) is amended by striking ‘‘(i) 

6 Upon the death’’ and all that follows through ‘‘individual’s 

7 death.’’ in paragraph (2) and inserting the following: 

8 ‘‘(i)(1) Upon the death of an individual who died as 

9 a fully or currently insured individual or as the spouse 
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1 of a fully or currently insured individual, an amount equal 

2 to the lesser of—

3 ‘‘(A) three times the applicable primary insur4 ance amount determined under paragraph (3), or 

5 ‘‘(B) $255, 

6 shall be payable under this subsection. 

7 ‘‘(2) Payments under this subsection in connection 

8 with a deceased individual shall be paid—

9 ‘‘(A) to the surviving spouse of the individual, 

10 or 

11 ‘‘(B) if no person qualifies for payment under 

12 subparagraph (A), or if such person dies before re13 ceiving payment, in equal shares to each person who 

14 is entitled (or would have been so entitled had a 

15 timely application been filed), either on the basis of 

16 the wages and self-employment income of any such 

17 person who dies before receiving payment or on the 

18 basis of the wages and self-employment income of 

19 the deceased individual referred to in paragraph (1), 

20 to benefits under subsection (d) of this section for 

21 the month in which the relevant death occurred. 

22 ‘‘(3) For purposes of paragraph (1)(A), the applica23 ble primary insurance amount determined under this para24 graph is the larger of—
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1 ‘‘(A) the deceased individual’s primary insur2 ance amount (if any), determined without regard to 

3 the amendments made by section 2201 of the Omni4 bus Budget Reconciliation Act of 1981, relating to 

5 repeal of the minimum benefit provisions, or 

6 ‘‘(B) the primary insurance amount (if any) 

7 which would be so determined with respect to the 

8 surviving spouse of the deceased individual if such 

9 spouse had died on the date of the death of the de10 ceased individual.’’. 

11 (b) CONFORMING AMENDMENTS.—Section 202(i) of 

12 such Act is amended—

13 (1) by striking ‘‘No payment’’ and inserting the 

14 following: 

15 ‘‘(4) No payment’’; 

16 (2) by striking ‘‘such insured individual’’ each 

17 place it appears and inserting ‘‘the deceased indi18 vidual referred to in paragraph (1)’’; 

19 (3) by striking ‘‘In the case of any individual 

20 who died outside the forty-eight’’ and inserting the 

21 following: 

22 ‘‘(5) In the case of any individual who died outside 

23 the forty-eight’’; 

24 (4) by striking ‘‘the provisions of the preceding 

25 sentence’’ and inserting ‘‘paragraph (4)’’; 
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1 (5) by striking ‘‘the second sentence of’’ each 

2 place it appears; 

3 (6) by striking ‘‘In the case of any individual 

4 who died outside the fifty’’ and inserting the fol5 lowing: 

6 ‘‘(6) In the case of any individual who died outside 

7 the fifty’’; and 

8 (7) by striking ‘‘the provisions of the third sen9 tence of this subsection’’ and inserting ‘‘paragraph 

10 (4)’’. 

11 SEC. 2. EFFECTIVE DATE. 

12 The amendments made by section 1 shall apply with 

13 respect to deaths occurring after 180 days after the date 

14 of the enactment of this Act.

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