II

104TH CONGRESS

1ST SESSION S. 406

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 SENATE OF THE UNITED STATES

FEBRUARY 14 (legislative day, JANUARY 30), 1995

Ms. SNOWE introduced the following bill; which was read twice and referred

to the Committee on Finance

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,

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 (J),

14 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)(1) In any case in which an individual dies during

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

25 individual’s monthly insurance benefit under this section
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1 paid for such month shall be an amount equal to 50 per2 cent of the amount of such benefit (as determined without

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

4 $1, to the next lower multiple of $1. This subsection shall

5 apply with respect to such benefit after all other adjust6 ments with respect to such benefit provided by this title

7 have been made.

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

9 such month shall be payable only to a person who is deter10 mined by the Secretary to be the surviving spouse of the

11 deceased individual.’’.

12 (b) DISABILITY INSURANCE BENEFITS.—Section 223

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

14 end the following new subsection:

15 ‘‘Last Payment of Benefit Terminated by Death

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

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

18 individual’s monthly insurance benefit under this section

19 paid for such month shall be an amount equal to 50 per20 cent of the amount of such benefit (as determined without

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

22 $1, to the next lower multiple of $1. This subsection shall

23 apply with respect to such benefit after all other adjust24 ments with respect to such benefit provided by this title

25 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 (c) BENEFITS AT AGE 72 FOR CERTAIN UNINSURED

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

7 is amended by adding at the end the following new sub8 section:

9 ‘‘Last Payment of Benefit Terminated by Death

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

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

12 individual’s monthly insurance benefit under this section

13 paid for such month shall be an amount equal to 50 per14 cent of the amount of such benefit (as determined without

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

16 $1, to the next lower multiple of $1. This subsection shall

17 apply with respect to such benefit after all other adjust18 ments with respect to such benefit provided by this title

19 have been made.

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

21 such month shall be payable only to a person who is deter22 mined by the Secretary to be the surviving spouse of the

23 deceased individual.’’.
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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 180 days after the date

4 of the enactment of this Act.

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