I

104TH CONGRESS

1ST SESSION H. R. 163

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) and that such individual’s benefit shall

be payable for such month only to the extent proportionate to the

number of days in such month preceding the date of such individual’s

death.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 4, 1995

Mr. SOLOMON 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) and that such individual’s benefit

shall be payable for such month only to the extent proportionate to the number of days in such month preceding the date of such individual’s death.

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

2 This Act may be cited as the ‘‘Social Security Dece3 dent’s Family Relief Act of 1995’’.

4 SEC. 2. CONTINUATION OF BENEFITS THROUGH MONTH OF

5 BENEFICIARY’S DEATH.

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

7 202(a) of the Social Security Act (42 U.S.C. 402(a)) is

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

9 following subparagraph (B).

10 (b) WIFE’S INSURANCE BENEFITS.—

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

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

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

14 month’’ in the matter immediately following

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

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

17 month’’;

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

19 (C) by redesignating subparagraphs (F)

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

21 (2) CONFORMING AMENDMENTS.—Section

22 202(b)(5)(B) of such Act (42 U.S.C. 402(b)(5)(B))

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

24 inserting ‘‘(E), (G), or (I)’’.

25 (c) HUSBAND’S INSURANCE BENEFITS.—
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1 (1) IN GENERAL.—Section 202(c)(1) of such

2 Act (42 U.S.C. 402(c)(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 he 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 AMENDMENTS.—Section

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

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

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

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

17 202(d)(1) of such Act (42 U.S.C. 402(d)(1)) is amend18 ed—

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

20 the matter immediately preceding subparagraph (D)

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

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

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

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

25 202(e)(1) of such Act (42 U.S.C. 402(e)(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: she remarries,

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

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

6 she remarries or’’.

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

8 202(f)(1) of such Act (42 U.S.C. 402(f)(1)) is amended

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

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

11 dies,’’ in the matter following subparagraph (F) and in12 serting ‘‘ending with the month in which he dies or (if

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

14 he remarries’’.

15 (g) MOTHER’S AND FATHER’S INSURANCE BENE16 FITS.—Section 202(g)(1) of such Act (42 U.S.C.

17 402(g)(1)) is amended—

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

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

20 matter following subparagraph (F); and

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

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

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

24 202(h)(1) of such Act (42 U.S.C. 402(h)(1)) is amended

25 by striking ‘‘ending with the month preceding the first
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1 month in which any of the following occurs: such parent

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

3 and inserting ‘‘ending with the month in which such par4 ent dies or (if earlier) with the month preceding the first

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

6 (i) DISABILITY INSURANCE BENEFITS.—Section

7 223(a)(1) of such Act (42 U.S.C. 423(a)(1)) is amended

8 by striking ‘‘ending with the month preceding whichever

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

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

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

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

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

14 (j) BENEFITS AT AGE 72 FOR CERTAIN UNINSURED

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

16 428(a)) is amended by striking ‘‘the month preceding’’ in

17 the matter following paragraph (4).

18 SEC. 3. COMPUTATION AND PAYMENT OF LAST MONTHLY

19 PAYMENT.

20 (a) OLD-AGE AND SURVIVORS INSURANCE BENE21 FITS.—Section 202 of the Social Security Act (42 U.S.C.

22 402) is amended by adding at the end the following new

23 subsection:
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1 ‘‘Last Payment of Monthly Insurance Benefit

2 Terminated by Death

3 ‘‘(y) The amount of any individual’s monthly insur4 ance benefit under this section paid for the month in

5 which the individual dies shall be an amount equal to—

6 ‘‘(1) the amount of such benefit (as determined

7 without regard to this subsection), multiplied by

8 ‘‘(2) a fraction—

9 ‘‘(A) the numerator of which is the number

10 of days in such month preceding the date of

11 such individual’s death, and

12 ‘‘(B) the denominator of which is the num13 ber of days in such month,

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

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

16 benefit after all other adjustments with respect to such

17 benefit provided by this title have been made. Payment

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

19 in section 204(d).’’.

20 (b) DISABILITY INSURANCE BENEFITS.—Section 223

21 of such Act (42 U.S.C. 423) is amended by adding at the

22 end the following new subsection:
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1 ‘‘Last Payment of Benefit Terminated by Death

2 ‘‘(j) The amount of any individual’s monthly benefit

3 under this section paid for the month in which the individ4 ual dies shall be an amount equal to—

5 ‘‘(1) the amount of such benefit (as determined

6 without regard to this subsection), multiplied by

7 ‘‘(2) a fraction—

8 ‘‘(A) the numerator of which is the number

9 of days in such month preceding the date of

10 such individual’s death, and

11 ‘‘(B) the denominator of which is the num12 ber of days in such month,

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

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

15 benefit after all other adjustments with respect to such

16 benefit provided by this title have been made. Payment

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

18 in section 204(d).’’.

19 (c) BENEFITS AT AGE 72 FOR CERTAIN UNINSURED

20 INDIVIDUALS.—Section 228 of such Act (42 U.S.C. 428)

21 is amended by adding at the end the following new sub22 section:
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1 ‘‘Last Payment of Benefit Terminated by Death

2 ‘‘(i) The amount of any individual’s monthly benefit

3 under this section paid for the month in which the individ4 ual dies shall be an amount equal to—

5 ‘‘(1) the amount of such benefit (as determined

6 without regard to this subsection), multiplied by

7 ‘‘(2) a fraction—

8 ‘‘(A) the numerator of which is the number

9 of days in such month preceding the date of

10 such individual’s death, and

11 ‘‘(B) the denominator of which is the num12 ber of days in such month,

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

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

15 benefit after all other adjustments with respect to such

16 benefit provided by this title have been made. Payment

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

18 in section 204(d).’’.

19 SEC. 4. DISREGARD OF BENEFIT FOR MONTH OF DEATH

20 UNDER FAMILY MAXIMUM PROVISIONS.

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

22 403(a)) is amended by adding at the end the following

23 new paragraph:

24 ‘‘(10) Notwithstanding any other provision of this

25 Act, in applying the preceding provisions of this subsection
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1 (and determining maximum family benefits under column

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

3 in effect in December 1978) with respect to the month

4 in which the insured individual’s death occurs, the benefit

5 payable to such individual for that month shall be dis6 regarded.’’.

7 SEC. 5. EFFECTIVE DATE.

8 The amendments made by this Act shall apply with

9 respect to deaths occurring after the month in which this

10 Act is enacted.

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