I

103D CONGRESS

1ST SESSION H. R. 837

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 that such benefit shall be payable for such month

only to the extent proportionate to the number of days in such month

preceding the date of the recipient’s death.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 4, 1993

Mr. HUTCHINSON 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 that

such benefit shall be payable for such month only to

the extent proportionate to the number of days in such

month preceding the date of the recipient’s death.

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 BENEFITS FOR MONTH OF RE4 CIPIENT’S DEATH.

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

6 202(a) of the Social Security Act (42 U.S.C. 402(a)) is
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1 amended by striking ‘‘the month preceding’’ in the matter

2 following subparagraph (B).

3 (b) WIFE’S INSURANCE BENEFITS.—

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

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

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

7 month’’ in the matter immediately following

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

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

10 month’’;

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

12 (C) by redesignating subparagraphs (F)

13 through (K) as subparagraphs (E) through

14 (J), respectively.

15 (2) CONFORMING AMENDMENT.—Section

16 202(b)(5)(B) of such Act (42 U.S.C. 402(b)(5)(B))

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

18 inserting ‘‘(E), (G), or (I)’’.

19 (c) HUSBAND’S INSURANCE BENEFITS.—

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

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

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

23 month’’ in the matter immediately following

24 clause (ii) and inserting ‘‘and ending with the
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1 month in which he dies or (if earlier) with the

2 month’’;

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

4 (C) by redesignating subparagraphs (F)

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

6 respectively.

7 (2) CONFORMING AMENDMENT.—Section

8 202(c)(5)(B) of such Act (42 U.S.C. 402(c)(5)(B))

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

10 inserting ‘‘(E), (G), or (I)’’.

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

12 202(d)(1) of such Act (42 U.S.C. 402(d)(1)) is amend13 ed—

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

15 the matter immediately preceding subparagraph (D)

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

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

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

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

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

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

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

23 dies,’’ in the matter following subparagraph (F) and in24 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

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

11 (g) MOTHER’S AND 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 par25 ent dies or (if earlier) with the month preceding the first
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1 month in which any of the following occurs: such parent

2 marries,’’.

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 whichever of the following

10 months is the earliest:’’.

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 SEC. 2. COMPUTATION AND PAYMENT OF LAST MONTHLY

16 PAYMENT.

17 (a) OLD-AGE AND SURVIVORS INSURANCE BENE18 FITS.—Section 202 of the Social Security Act (42 U.S.C.

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

20 subsection:

21 ‘‘Last Payment of Monthly Insurance Benefit

22 Terminated by Death

23 ‘‘(y) The amount of any individual’s monthly insur24 ance benefit under this section paid for the month in

25 which the individual dies shall be an amount equal to—
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1 ‘‘(1) the amount of such benefit (as determined

2 without regard to this subsection), multiplied by

3 ‘‘(2) a fraction—

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

5 of days in such month preceding the date of

6 such individual’s death, and

7 ‘‘(B) the denominator of which is the num8 ber of days in such month,

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

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

11 benefit after all other adjustments with respect to such

12 benefit provided by this title have been made. Payment

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

14 in section 204(d).’’.

15 (b) DISABILITY INSURANCE BENEFITS.—Section 223

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

17 end the following new subsection:

18 ‘‘Last Payment of Benefit Terminated by Death

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

20 under this section paid for the month in which the individ21 ual dies shall be an amount equal to—

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

23 without regard to this subsection), multiplied by

24 ‘‘(2) a fraction—
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1 ‘‘(A) the numerator of which is the number

2 of days in such month preceding the date of

3 such individual’s death, and

4 ‘‘(B) the denominator of which is the num5 ber of days in such month,

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

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

8 benefit after all other adjustments with respect to such

9 benefit provided by this title have been made. Payment

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

11 in section 204(d).’’.

12 (c) BENEFITS AT AGE 72 FOR CERTAIN UNINSURED

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

14 is amended by adding at the end the following new sub15 section:

16 ‘‘Last Payment of Benefit Terminated by Death

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

18 under this section paid for the month in which the individ19 ual dies shall be an amount equal to—

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

21 without regard to this subsection), multiplied by

22 ‘‘(2) a fraction—

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

24 of days in such month preceding the date of

25 such individual’s death, and
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1 ‘‘(B) the denominator of which is the num2 ber of days in such month,

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

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

5 benefit after all other adjustments with respect to such

6 benefit provided by this title have been made. Payment

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

8 in section 204(d).’’.

9 SEC. 3. EFFECTIVE DATE.

10 The amendments made by this Act shall apply with

11 respect to deaths occurring on or after the date of the

12 enactment of this Act.

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