I

103D CONGRESS

1ST SESSION H. R. 1541

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

MARCH 30, 1993

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,
2

•HR 1541 IH

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
3

•HR 1541 IH

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
4

•HR 1541 IH

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-
5

•HR 1541 IH

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. 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—
6

•HR 1541 IH

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—
7

•HR 1541 IH

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
8

•HR 1541 IH

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. DISREGARD OF BENEFIT FOR MONTH OF DEATH

10 UNDER FAMILY MAXIMUM PROVISIONS.

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

12 403(a)) is amended by adding at the end the following

13 new paragraph:

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

15 Act, in applying the preceding provisions of this subsection

16 (and determining maximum family benefits under column

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

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

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

20 payable to such individual for that month shall be dis21 regarded.’’.

22 SEC. 4. EFFECTIVE DATE.

23 The amendments made by this Act shall apply with

24 respect to deaths occurring after the month in which this

25 Act is enacted.
9

•HR 1541 IH

Æ