I

103D CONGRESS

1ST SESSION H. R. 321

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

entitlement to benefits thereunder shall continue through the month

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

to benefits for that month), in order to provide such individual’s family

with assistance in meeting the extra death-related expenses.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 5, 1993

Mr. QUILLEN 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 benefits thereunder

shall continue through the month of his or her death

(without affecting any other person’s entitlement to benefits for that month), in order to provide such individual’s

family with assistance in meeting the extra death-related

expenses.

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. CONTINUATION OF BENEFITS THROUGH

2 MONTH OF 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 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 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 SEC. 2. DISREGARD OF BENEFIT FOR MONTH OF DEATH

16 UNDER FAMILY MAXIMUM PROVISIONS.

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

18 403(a)) is amended by adding at the end the following

19 new paragraph:

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

21 Act, in applying the preceding provisions of this subsection

22 (and determining maximum family benefits under column

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

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

25 in which the insured individual’s death occurs, the benefit
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1 payable to such individual for that month shall be dis2 regarded.’’.

3 SEC. 3. EFFECTIVE DATE.

4 The amendments made by this Act shall apply with

5 respect to deaths occurring after the month in which this

6 Act is enacted.

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