I 

109TH CONGRESS 

2D SESSION H. R. 5189 

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 

APRIL 25, 2006 

Mr. SWEENEY 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Social Security Dece3 dent’s Family Relief Act of 2006’’. 

4 SEC. 2. CONTINUATION OF BENEFITS THROUGH MONTH OF 

5 BENEFICIARY’S DEATH. 

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

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

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

9 following subparagraph (B). 

10 (b) WIFE’S INSURANCE BENEFITS.— 

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

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

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

14 month’’ in the matter immediately following 

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

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

17 month’’; 

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

19 (C) by redesignating subparagraphs (F) 

20 through (K) as subparagraphs (E) through (J). 

21 (2) CONFORMING AMENDMENTS.—Section 

22 202(b)(4)(B) of such Act (42 U.S.C. 402(b)(4)(B)) 

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

24 inserting ‘‘(E), (G), or (I)’’. 

25 (c) HUSBAND’S INSURANCE BENEFITS.— 


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

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

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

4 month’’ in the matter immediately following 

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

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

7 month’’; 

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

9 (C) by redesignating subparagraphs (F) 

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

11 respectively. 

12 (2) CONFORMING AMENDMENTS.—Section 

13 202(c)(4)(B) of such Act (42 U.S.C. 402(c)(4)(B)) 

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

15 inserting ‘‘(E), (G), or (I)’’, respectively. 

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

17 202(d)(1) of such Act (42 U.S.C. 402(d)(1)) is amend18 ed— 

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

20 the matter immediately preceding subparagraph (D) 

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

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

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

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

25 202(e)(1) of such Act (42 U.S.C. 402(e)(1)) is amended 


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

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

3 dies,’’ in the matter following subparagraph (F) and in4 serting ‘‘ending with the month in which she dies or (if 

5 earlier) with the month preceding the first month in which 

6 she remarries or’’. 

7 (f) WIDOWER’S INSURANCE BENEFITS.—Section 

8 202(f)(1) of such Act (42 U.S.C. 402(f)(1)) is amended 

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

10 month in which any of the following occurs: he remarries, 

11 dies,’’ in the matter following subparagraph (F) and in12 serting ‘‘ending with the month in which he dies or (if 

13 earlier) with the month preceding the first month in which 

14 he remarries’’. 

15 (g) MOTHER’S AND FATHER’S INSURANCE BENE16 FITS.—Section 202(g)(1) of such Act (42 U.S.C. 

17 402(g)(1)) is amended— 

18 (1) by inserting ‘‘with the month in which he or 

19 she dies or (if earlier)’’ after ‘‘and ending’’ in the 

20 matter following subparagraph (F); and 

21 (2) by striking ‘‘he or she remarries, or he or 

22 she dies’’ and inserting ‘‘or he or she remarries’’. 

23 (h) PARENT’S INSURANCE BENEFITS.—Section 

24 202(h)(1) of such Act (42 U.S.C. 402(h)(1)) is amended 

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


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1 month in which any of the following occurs: such parent 

2 dies, marries,’’ in the matter following subparagraph (E) 

3 and inserting ‘‘ending with the month in which such par4 ent dies or (if earlier) with the month preceding the first 

5 month in which such parent marries, or such parent’’. 

6 (i) DISABILITY INSURANCE BENEFITS.—Section 

7 223(a)(1) of such Act (42 U.S.C. 423(a)(1)) is amended 

8 by striking ‘‘ending with the month preceding whichever 

9 of the following months is the earliest: the month in which 

10 he dies,’’ in the matter following subparagraph (D) and 

11 inserting the following: ‘‘ending with the month in which 

12 he dies or (if earlier) with the month preceding the earlier 

13 of’’ and by striking the comma after ‘‘216(l))’’. 

14 (j) BENEFITS AT AGE 72 FOR CERTAIN UNINSURED

15 INDIVIDUALS.—Section 228(a) of such Act (42 U.S.C. 

16 428(a)) is amended by striking ‘‘the month preceding’’ in 

17 the matter following paragraph (4). 

18 SEC. 3. COMPUTATION AND PAYMENT OF LAST MONTHLY 

19 PAYMENT. 

20 (a) OLD-AGE AND SURVIVORS INSURANCE BENE21 FITS.—Section 202 of the Social Security Act (42 U.S.C. 

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

23 subsection: 


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1 ‘‘Last Payment of Monthly Insurance Benefit 

2 Terminated by Death 

3 ‘‘(z) 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, rounded, if not a 

14 multiple of $1, to the next lower multiple of $1. 

15 This subsection shall apply with respect to such 

16 benefit after all other adjustments with respect 

17 to such benefit provided by this title have been 

18 made. Payment of such benefit for such month 

19 shall be made as provided in section 204(d).’’. 

20 (b) DISABILITY INSURANCE BENEFITS.—Section 223 

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

22 end the following new subsection: 


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1 ‘‘Last Payment of Benefit Terminated by Death 

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

3 under this section paid for the month in which the indi4 vidual 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, rounded, if not a 

13 multiple of $1, to the next lower multiple of $1. 

14 This subsection shall apply with respect to such 

15 benefit after all other adjustments with respect 

16 to such benefit provided by this title have been 

17 made. Payment of such benefit for such month 

18 shall be made as provided in section 204(d).’’. 

19 (c) BENEFITS AT AGE 72 FOR CERTAIN UNINSURED

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

21 is amended by adding at the end the following new sub22 section: 


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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 indi4 vidual 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, rounded, if not a 

13 multiple of $1, to the next lower multiple of $1. 

14 This subsection shall apply with respect to such 

15 benefit after all other adjustments with respect 

16 to such benefit provided by this title have been 

17 made. Payment of such benefit for such month 

18 shall be made as provided in section 204(d).’’. 

19 SEC. 4. DISREGARD OF BENEFIT FOR MONTH OF DEATH 

20 UNDER FAMILY MAXIMUM PROVISIONS. 

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

22 403(a)) is amended by adding at the end the following 

23 new paragraph: 

24 ‘‘(11) Notwithstanding any other provision of this 

25 Act, in applying the preceding provisions of this subsection 


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1 (and determining maximum family benefits under column 

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

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

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

5 payable to such individual for that month shall be dis6 regarded.’’. 

7 SEC. 5. EFFECTIVE DATE. 

8 The amendments made by this Act shall apply with 

9 respect to deaths occurring after the month in which this 

10 Act is enacted. 

Æ 


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