I 

108TH CONGRESS 

1ST SESSION H. R. 2995

To amend title II of the Social Security Act to provide that an individual’s 

entitlement to any benefit thereunder shall continue through the month 

of his or her death (without affecting any other person’s entitlement 

to benefits for that month). 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 3, 2003

Mr. PETERSON of Minnesota 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 an individual’s entitlement to any benefit thereunder 

shall continue through the month of his or her death 

(without affecting any other person’s entitlement to benefits for that month).

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. 

4 This Act may be cited as the ‘‘Social Security De5 ceased Beneficiary Act of 2003’’. 
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1 SEC. 2. CONTINUATION OF BENEFITS THROUGH MONTH OF 

2 BENEFICIARY’S DEATH. 

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

4 202(a) of the Social Security Act (42 U.S.C. 402(a)) is 

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

6 following subparagraph (B). 

7 (b) WIFE’S INSURANCE BENEFITS.—

8 (1) IN GENERAL.—Section 202(b)(1) of such 

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

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

11 month’’ in the matter immediately following 

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

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

14 month’’; 

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

16 (C) by redesignating subparagraphs (F) 

17 through (K) as subparagraphs (E) through (J). 

18 (2) CONFORMING AMENDMENTS.—Section 

19 202(b)(5)(B) of such Act (42 U.S.C. 402(b)(5)(B)) 

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

21 inserting ‘‘(E), (G), or (I)’’. 

22 (c) HUSBAND’S INSURANCE BENEFITS.—

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

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

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

26 month’’ in the matter immediately following 
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1 clause (ii) and inserting ‘‘and ending with the 

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

3 month’’; 

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

5 (C) by redesignating subparagraphs (F) 

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

7 respectively. 

8 (2) CONFORMING AMENDMENTS.—Section 

9 202(c)(5)(B) of such Act (42 U.S.C. 402(c)(5)(B)) 

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

11 inserting ‘‘(E), (G), or (I)’’, respectively. 

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

13 202(d)(1) of such Act (42 U.S.C. 402(d)(1)) is amend14 ed—

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

16 the matter immediately preceding subparagraph (D) 

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

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

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

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

21 202(e)(1) of such Act (42 U.S.C. 402(e)(1)) is amended 

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

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

24 dies,’’ in the matter following subparagraph (F) and in25 serting ‘‘ending with the month in which she dies or (if 
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1 earlier) with the month preceding the first month in which 

2 she remarries or’’. 

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

4 202(f)(1) of such Act (42 U.S.C. 402(f)(1)) is amended 

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

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

7 dies,’’ in the matter following subparagraph (F) and in8 serting ‘‘ending with the month in which he dies or (if 

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

10 he remarries’’. 

11 (g) MOTHER’S A ND FATHER’S INSURANCE BENE12 FITS.—Section 202(g)(1) of such Act (42 U.S.C. 

13 402(g)(1)) is amended—

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

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

16 matter following subparagraph (F); and 

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

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

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

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

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

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

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

24 and inserting ‘‘ending with the month in which such par-
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1 ent dies or (if earlier) with the month preceding the first 

2 month in which such parent marries, or such parent’’. 

3 (i) DISABILITY INSURANCE BENEFITS.—Section 

4 223(a)(1) of such Act (42 U.S.C. 423(a)(1)) is amended 

5 by striking ‘‘ending with the month preceding whichever 

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

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

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

9 he dies or (if earlier) with the month preceding the earlier 

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

11 (j) BENEFITS AT AGE 72 FOR CERTAIN UNINSURED

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

13 428(a)) is amended by striking ‘‘the month preceding’’ in 

14 the matter following paragraph (4). 

15 (k) PAYMENT OF LAST MONTHLY PAYMENT.—

16 (1) OLD-AGE AND SURVIVORS INSURANCE BEN17 EFITS.—Section 202 of the Social Security Act (42 

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

19 following new subsection: 

20 ‘‘Payment for Month of Beneficiary’s Death 

21 ‘‘(z) Payment of an individual’s monthly insurance 

22 benefit under this section for the month in which the indi23 vidual dies shall be made as provided in section 204(d).’’. 
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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 ‘‘Payment for Month of Beneficiary’s Death 

5 ‘‘(k) Payment of an individual’s monthly benefit 

6 under this section for the month in which the individual 

7 dies shall be made as provided in section 204(d).’’. 

8 (3) BENEFITS AT AGE 72 FOR CERTAIN UNIN9 SURED INDIVIDUALS.—Section 228 of such Act (42 

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

11 following new subsection: 

12 ‘‘Payment for Month of Beneficiary’s Death 

13 ‘‘(i) Payment of an individual’s monthly benefit under 

14 this section for the month in which the individual dies 

15 shall be made as provided in section 204(d).’’. 

16 SEC. 3. DISREGARD OF BENEFIT FOR MONTH OF DEATH 

17 UNDER FAMILY MAXIMUM PROVISIONS. 

18 Section 203(a) of the Social Security Act (42 U.S.C. 

19 403(a)) is amended by adding at the end the following 

20 new paragraph: 

21 ‘‘(11) Notwithstanding any other provision of this 

22 Act, in applying the preceding provisions of this subsection 

23 (and determining maximum family benefits under column 

24 V of the table in or deemed to be in section 215(a) as 

25 in effect in December 1978) with respect to the month 
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1 in which the insured individual’s death occurs, the benefit 

2 payable to such individual for that month shall be dis3 regarded.’’. 

4 SEC. 4. EFFECTIVE DATE. 

5 The amendments made by this Act shall apply with 

6 respect to deaths occurring after the month in which this 

7 Act is enacted.

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