I 

108TH CONGRESS 

1ST SESSION H. R. 3502

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, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 17, 2003

Mr. PALLONE 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, and 

for other purposes.

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 Bene5 fits Protection Act of 2003’’. 
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1 SEC. 2. ENTITLEMENT TO BENEFITS FOR MONTH OF BENE2 FICIARY’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 respectively. 

19 (2) CONFORMING AMENDMENT.—Section 

20 202(b)(5)(B) of the Social Security Act (42 U.S.C. 

21 402(b)(5)(B)) is amended by striking ‘‘(E), (F), 

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

23 (c) HUSBAND’S INSURANCE BENEFITS.—

24 (1) IN GENERAL.—Section 202(c)(1) of the So25 cial Security Act (42 U.S.C. 402(c)(1)) is amend26 ed—
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1 (A) by striking ‘‘and ending with the 

2 month’’ in the matter immediately following 

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

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

5 month’’; 

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

7 (C) by redesignating subparagraphs (F) 

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

9 respectively. 

10 (2) CONFORMING AMENDMENT.—Section 

11 202(c)(5)(B) of the Social Security Act (42 U.S.C. 

12 402(c)(5)(B)) is amended by striking ‘‘(E), (F), 

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

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

15 202(d)(1) of the Social Security Act (42 U.S.C. 

16 402(d)(1)) is amended—

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

18 the matter immediately preceding subparagraph (D) 

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

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

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

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

23 202(e)(1) of the Social Security Act (42 U.S.C. 402(e)(1)) 

24 is amended by striking ‘‘ending with the month preceding 

25 the first month in which any of the following occurs: she 
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1 remarries, dies,’’ in the matter following subparagraph (F) 

2 and inserting ‘‘ending with the month in which she dies 

3 or (if earlier) with the month preceding the first month 

4 in which any of the following occurs: she remarries,’’. 

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

6 202(f)(1) of the Social Security Act (42 U.S.C. 402(f)(1)) 

7 is amended by striking ‘‘ending with the month preceding 

8 the first month in which any of the following occurs: he 

9 remarries, dies,’’ in the matter following subparagraph (F) 

10 and inserting ‘‘ending with the month in which he dies 

11 or (if earlier) with the month preceding the first month 

12 in which any of the following occurs: he remarries,’’. 

13 (g) MOTHER’S A ND FATHER’S INSURANCE BENE14 FITS.—Section 202(g)(1) of the Social Security Act (42 

15 U.S.C. 402(g)(1)) is amended, in the matter following 

16 subparagraph (F)—

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

18 she dies or (if earlier)’’ after ‘‘and ending’’; and 

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

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

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

22 202(h)(1) of the Social Security Act (42 U.S.C. 

23 402(h)(1)) is amended by striking ‘‘ending with the month 

24 preceding the first month in which any of the following 

25 occurs: such parent dies, marries,’’ in the matter following 
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1 subparagraph (E) and inserting ‘‘ending with the month 

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

3 preceding the first month in which any of the following 

4 occurs: such parent marries’’. 

5 (i) DISABILITY INSURANCE BENEFITS.—Section 

6 223(a)(1) of the Social Security Act (42 U.S.C. 423(a)(1)) 

7 is amended by striking ‘‘ending with the month preceding 

8 whichever of the following months is the earliest: the 

9 month in which he dies,’’ in the matter following subpara10 graph (D) and inserting the following: ‘‘ending with the 

11 month in which he dies or (if earlier) with whichever of 

12 the following months is the earliest:’’. 

13 (j) BENEFITS AT AGE 72 FOR CERTAIN UNINSURED

14 INDIVIDUALS.—Section 228(a) of the Social Security Act 

15 (42 U.S.C. 428(a)) is amended by striking ‘‘the month 

16 preceding’’ in the matter following paragraph (4). 

17 (k) EXEMPTION FROM MAXIMUM BENEFIT CAP.—

18 Section 203 of the Social Security Act (42 U.S.C. 403) 

19 is amended by adding at the end the following: 

20 ‘‘Exemption From Maximum Benefit Cap 

21 ‘‘(m) Notwithstanding any other provision of this sec22 tion, the application of this section shall be made without 

23 regard to monthly benefits received under section 202, 

24 223, or 228 for the month in which the individual entitled 

25 to those benefits dies.’’. 
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1 SEC. 3. EFFECTIVE DATE. 

2 The amendments made by this Act shall apply with 

3 respect to deaths occurring after the month in which this 

4 Act is enacted.

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