I

103D CONGRESS

1ST SESSION H. R. 1444

To amend title II of the Social Security Act to provide for payment of

a benefit for the month of the recipient’s death.

IN THE HOUSE OF REPRESENTATIVES

MARCH 24, 1993

Mr. CLEMENT 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

for payment of a benefit for the month 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) IN GENERAL.—

6 (1) OLD-AGE INSURANCE BENEFITS.—Section

7 202(a) of the Social Security Act (42 U.S.C. 402(a))

8 is amended by striking ‘‘the month preceding’’ in the

9 matter following subparagraph (B).

10 (2) WIFE’S INSURANCE BENEFITS.—
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1 (A) IN GENERAL.—Section 202(b)(1) of

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

3 (i) by striking ‘‘and ending with the

4 month’’ in the matter immediately follow5 ing clause (ii) and inserting ‘‘and ending

6 with the month in which she dies or (if

7 earlier) with the month’’;

8 (ii) by striking subparagraph (E); and

9 (iii) by redesignating subparagraphs

10 (F) through (K) as subparagraphs (E)

11 through (J), respectively.

12 (B) CONFORMING AMENDMENT.—Section

13 202(b)(5)(B) of such Act (42 U.S.C.

14 402(b)(5)(B)) is amended by striking ‘‘(E),

15 (F), (H), or (J)’’ and inserting ‘‘(E), (G), or

16 (I)’’.

17 (3) HUSBAND’S INSURANCE BENEFITS.—

18 (A) IN GENERAL.—Section 202(c)(1) of

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

20 (i) by striking ‘‘and ending with the

21 month’’ in the matter immediately follow22 ing clause (ii) and inserting ‘‘and ending

23 with the month in which he dies or (if ear24 lier) with the month’’;

25 (ii) by striking subparagraph (E); and
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1 (iii) by redesignating subparagraphs

2 (F) through (K) as subparagraphs (E)

3 through (J), respectively.

4 (B) CONFORMING AMENDMENT.—Section

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

6 402(c)(5)(B)) is amended by striking ‘‘(E), (F),

7 (H), or (J)’’ and inserting ‘‘(E), (G), or (I)’’.

8 (4) CHILD’S INSURANCE BENEFITS.—Section

9 202(d)(1) of such Act (42 U.S.C. 402(d)(1)) is

10 amended—

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

12 month’’ in the matter immediately preceding

13 subparagraph (D) and inserting ‘‘and ending

14 with the month in which such child dies or (if

15 earlier) with the month’’; and

16 (B) by striking ‘‘dies, or’’ in subparagraph

17 (D).

18 (5) WIDOW’S INSURANCE BENEFITS.—Section

19 202(e)(1) of such Act (42 U.S.C. 402(e)(1)) is

20 amended by striking ‘‘ending with the month preced21 ing the first month in which any of the following oc22 curs: she remarries, dies,’’ in the matter following

23 subparagraph (F) and inserting ‘‘ending with the

24 month in which she dies or (if earlier) with the
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1 month preceding the first month in which any of the

2 following occurs: she remarries, or’’.

3 (6) WIDOWER’S INSURANCE BENEFITS.—Sec4 tion 202(f)(1) of such Act (42 U.S.C. 402(f)(1)) is

5 amended by striking ‘‘ending with the month preced6 ing the first month in which any of the following oc7 curs: he remarries, dies,’’ in the matter following

8 subparagraph (F) and inserting ‘‘ending with the

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

10 preceding the first month in which any of the follow11 ing occurs: he remarries,’’.

12 (7) MOTHER’S AND FATHER’S INSURANCE BEN13 EFITS.—Section 202(g)(1) of such Act (42 U.S.C.

14 402(g)(1)) is amended—

15 (A) by inserting ‘‘with the month in which

16 he or she dies or (if earlier)’’ after ‘‘and end17 ing’’ in the matter following subparagraph (F);

18 and

19 (B) by striking ‘‘he or she remarries, or he

20 or she dies’’ and inserting ‘‘or he or she remar21 ries’’.

22 (8) PARENT’S INSURANCE BENEFITS.—Section

23 202(h)(1) of such Act (42 U.S.C. 402(b)(1)) is

24 amended by striking ‘‘ending with the month preced25 ing the first month in which any of the following oc-
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1 curs: such parent dies, marries,’’ in the matter fol2 lowing subparagraph (E) and inserting ‘‘ending with

3 the month in which such parent dies or (if earlier)

4 with the month preceding the first month in which

5 any of the following occurs: such parent marries,’’.

6 (9) DISABILITY INSURANCE BENEFITS.—Sec7 tion 223(a)(1) of such Act (42 U.S.C. 423(a)(1)) is

8 amended by striking ‘‘ending with the month preced9 ing whichever of the following months is the earliest:

10 the month in which he dies,’’ in the matter following

11 subparagraph (D) and inserting the following: ‘‘end12 ing with the month in which he dies or (if earlier)

13 with whichever of the following months is the earli14 est:’’.

15 (10) BENEFITS AT AGE 72 FOR CERTAIN UNIN16 SURED INDIVIDUALS.—Section 228(a) of such Act

17 (42 U.S.C. 428(a)) is amended by striking ‘‘the

18 month preceding’’ in the matter following paragraph

19 (4).

20 (b) COMPUTATION OF LAST MONTHLY PAYMENT.—

21 (1) OLD-AGE AND SURVIVORS INSURANCE BEN22 EFITS.—Section 202 of such Act (42 U.S.C. 402) is

23 amended by adding at the end the following new

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

2 Terminated by Death

3 ‘‘(y) The amount of any individual’s monthly insur4 ance benefit under this section paid for the month in

5 which the individual dies shall be an amount equal to—

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

7 without regard to this subsection) multiplied by

8 ‘‘(2) a fraction—

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

10 of days in such month preceding the date of

11 such individual’s death, and

12 ‘‘(B) the denominator of which is the num13 ber of days in such month,

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

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

16 benefit after all other adjustments with respect to such

17 benefit provided by this title have been made. Payment

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

19 in section 204(d).’’.

20 (2) DISABILITY INSURANCE BENEFITS.—Sec21 tion 223 of such Act (42 U.S.C. 423) is amended by

22 adding at the end the following new subsection:
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1 ‘‘Last Payment of Benefit Terminated by Death

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

3 under this section paid for the month in which the individ4 ual dies shall be an amount equal to—

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

6 without regard to this subsection), multiplied by

7 ‘‘(2) a fraction—

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

9 of days in such month preceding the date of

10 such individual’s death, and

11 ‘‘(B) the denominator of which is the num12 ber of days in such month,

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

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

15 benefit after all other adjustments with respect to such

16 benefit provided by this title have been made. Payment

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

18 in section 204(d).’’.

19 (3) BENEFITS AT AGE 72 FOR CERTAIN UNIN20 SURED INDIVIDUALS.—Section 228 of such Act (42

21 U.S.C. 428) is amended by adding at the end the

22 following new subsection:
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1 ‘‘Last Payment of Benefit Terminated by Death

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

3 under this section paid for the month in which the individ4 ual dies shall be an amount equal to—

5 ‘‘(1) the amount of such benefit (determined

6 before application of this subsection), multiplied by

7 ‘‘(2) a fraction—

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

9 of days in such month preceding the date of

10 such individual’s death, and

11 ‘‘(B) the denominator of which is the num12 ber of days in such month,

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

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

15 benefit after all other adjustments with respect to such

16 benefit provided by this title have been made. Payment

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

18 in section 204(d).’’.

19 SEC. 2. EFFECTIVE DATE.

20 The amendments made by this Act shall apply with

21 respect to deaths occurring after the date of the enactment

22 of this Act.

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