I

103D CONGRESS

1ST SESSION H. R. 634

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 to the recipient’s surviving spouse, subject to a reduction

of 50 percent in the last monthly payment if the recipient dies during

the first 15 days of such month.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 26, 1993

Ms. SNOWE (for herself, Mr. SANDERS, Mr. MANZULLO, Mr. ACKERMAN, Mr.

GALLEGLY Mr. MCHUGH, Mr. GOSS, Mr. OWENS, Mr. BOEHLERT, Mr.

BOUCHER, Mr. LIVINGSTON, Mr. GENE GREEN of Texas, Mr. LAFALCE,

Mr. MACHTLEY, Mr. EMERSON, Mr. POSHARD, Mr. FROST, Mr. MCNULTY, Mr. HANCOCK, Mr. INGLIS, Mr. WILSON, Mr. KING, Mr. WALSH, Mr.

WYNN, Mrs. MINK, Mr. MURPHY, Mr. PASTOR, Mr. MURTHA, Mr. JOHNSON of South Dakota, Mr. HUTTO, Mr. TOWNS, Mr. APPLEGATE, and

Mr. DEFAZIO) 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 to the

recipient’s surviving spouse, subject to a reduction of

50 percent in the last monthly payment if the recipient

dies during the first 15 days of such month.

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. PAYMENT OF BENEFITS FOR MONTH OF RE2 CIPIENT’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

18 (J), respectively.

19 (2) CONFORMING AMENDMENT.—Section

20 202(b)(5)(B) of such Act (42 U.S.C. 402(b)(5)(B))

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

22 inserting ‘‘(E), (G), or (I)’’.

23 (c) HUSBAND’S INSURANCE BENEFITS.—

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

25 Act (42 U.S.C. 402(c)(1)) is amended—
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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 such Act (42 U.S.C. 402(c)(5)(B))

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

13 inserting ‘‘(E), (G), or (I)’’.

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

15 202(d)(1) of such Act (42 U.S.C. 402(d)(1)) is amend16 ed—

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

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

25 month in which any of the following occurs: she remarries,
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1 dies,’’ in the matter following subparagraph (F) and in2 serting ‘‘ending with the month in which she dies or (if

3 earlier) with the month preceding the first month in

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

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

6 202(f)(1) of such Act (42 U.S.C. 402(f)(1)) is amended

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

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

9 dies,’’ in the matter following subparagraph (F) and in10 serting ‘‘ending with the month in which he dies or (if

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

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

13 (g) MOTHER’S AND FATHER’S INSURANCE BENE14 FITS.—Section 202(g)(1) of such Act (42 U.S.C.

15 402(g)(1)) is amended—

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

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

18 matter following subparagraph (F); 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 such Act (42 U.S.C. 402(h)(1)) is amended

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

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

25 dies, marries,’’ in the matter following subparagraph (E)
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1 and inserting ‘‘ending with the month in which such par2 ent dies or (if earlier) with the month preceding the first

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

4 marries,’’.

5 (i) DISABILITY INSURANCE BENEFITS.—Section

6 223(a)(1) of such Act (42 U.S.C. 423(a)(1)) is amended

7 by striking ‘‘ending with the month preceding whichever

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

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

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

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

12 months is the earliest:’’.

13 (j) BENEFITS AT AGE 72 FOR CERTAIN UNINSURED

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

15 428(a)) is amended by striking ‘‘the month preceding’’ in

16 the matter following paragraph (4).

17 SEC. 2. COMPUTATION AND PAYMENT OF LAST MONTHLY

18 PAYMENT.

19 (a) OLD-AGE AND SURVIVORS INSURANCE BENE20 FITS.—Section 202 of the Social Security Act (42 U.S.C.

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

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

2 Terminated by Death

3 ‘‘(y)(1) In any case in which an individual dies during

4 the first 15 days of a calendar month, the amount of such

5 individual’s monthly insurance benefit under this section

6 paid for such month shall be an amount equal to 50 per7 cent of the amount of such benefit (as determined without

8 regard to this subsection), rounded, if not a multiple of

9 $1, to the next lower multiple of $1. This subsection shall

10 apply with respect to such benefit after all other adjust11 ments with respect to such benefit provided by this title

12 have been made.

13 ‘‘(2) Notwithstanding section 204(d), such benefit for

14 such month shall be payable only to a person who is deter15 mined by the Secretary to be the surviving spouse of the

16 deceased individual.’’.

17 (b) DISABILITY INSURANCE BENEFITS.—Section 223

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

19 end the following new subsection:

20 ‘‘Last Payment of Benefit Terminated by Death

21 ‘‘(j)(1) In any case in which an individual dies during

22 the first 15 days of a calendar month, the amount of such

23 individual’s monthly insurance benefit under this section

24 paid for such month shall be an amount equal to 50 per25 cent of the amount of such benefit (as determined without
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1 regard to this subsection), rounded, if not a multiple of

2 $1, to the next lower multiple of $1. This subsection shall

3 apply with respect to such benefit after all other adjust4 ments with respect to such benefit provided by this title

5 have been made.

6 ‘‘(2) Notwithstanding section 204(d), such benefit for

7 such month shall be payable only to a person who is deter8 mined by the Secretary to be the surviving spouse of the

9 deceased individual.’’.

10 (c) BENEFITS AT AGE 72 FOR CERTAIN UNINSURED

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

12 is amended by adding at the end the following new sub13 section:

14 ‘‘Last Payment of Benefit Terminated by Death

15 ‘‘(i)(1) In any case in which an individual dies during

16 the first 15 days of a calendar month, the amount of such

17 individual’s monthly insurance benefit under this section

18 paid for such month shall be an amount equal to 50 per19 cent of the amount of such benefit (as determined without

20 regard to this subsection), rounded, if not a multiple of

21 $1, to the next lower multiple of $1. This subsection shall

22 apply with respect to such benefit after all other adjust23 ments with respect to such benefit provided by this title

24 have been made.
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1 ‘‘(2) Notwithstanding section 204(d), such benefit for

2 such month shall be payable only to a person who is deter3 mined by the Secretary to be the surviving spouse of the

4 deceased individual.’’.

5 SEC. 3. EFFECTIVE DATE.

6 The amendments made by this Act shall apply with

7 respect to deaths occurring after 180 days after the date

8 of the enactment of this Act.

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