II

105TH CONGRESS

1ST SESSION S. 1370

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, subject to a reduction of 50 percent if the recipient

dies during the first 15 days of such month, and for other purposes.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 5, 1997

Ms. MIKULSKI (for herself, Ms. SNOWE, Mr. LOTT, Mr. SARBANES, Mr.

COCHRAN, Mr. GLENN, Mr. D’AMATO, Mr. HOLLINGS, Mr. HUTCHINSON,

Ms. MOSELEY-BRAUN, Mr. INOUYE, Mr. FORD, and Ms. COLLINS) 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, subject

to a reduction of 50 percent if the recipient dies during

the first 15 days of such month, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Social Security Family

5 Protection Act’’.
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1 SEC. 2. COMPUTATION AND PAYMENT OF LAST MONTHLY

2 PAYMENT.

3 (a) OLD-AGE AND SURVIVORS INSURANCE BENE4 FITS.—Section 202 of the Social Security Act (42 U.S.C.

5 402) is amended by adding at the end the following:

6 ‘‘Last Payment of Monthly Insurance Benefit

7 Terminated by Death

8 ‘‘(z)(1) In any case in which an individual dies during

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

10 individual’s monthly insurance benefit under this section

11 paid for such month shall be an amount equal to 50 per12 cent of the amount of such benefit (as determined without

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

14 $1, to the next lower multiple of $1. This subsection shall

15 apply with respect to such benefit after all other adjust16 ments with respect to such benefit provided by this title

17 have been made.

18 ‘‘(2) Any payment under this section by reason of

19 paragraph (1) shall be made in accordance with section

20 204(d).’’.

21 (b) DISABILITY INSURANCE BENEFITS.—Section 223

22 of the Social Security Act (42 U.S.C. 423) is amended

23 by adding at the end the following:

24 ‘‘Last Payment of Benefit Terminated by Death

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

26 the first 15 days of a calendar month, the amount of such
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1 individual’s monthly insurance benefit under this section

2 paid for such month shall be an amount equal to 50 per3 cent of the amount of such benefit (as determined without

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

5 $1, to the next lower multiple of $1. This subsection shall

6 apply with respect to such benefit after all other adjust7 ments with respect to such benefit provided by this title

8 have been made.

9 ‘‘(2) Any payment under this section by reason of

10 paragraph (1) shall be made in accordance with section

11 204(d).’’.

12 (c) BENEFITS AT AGE 72 FOR CERTAIN UNINSURED

13 INDIVIDUALS.—Section 228 of the Social Security Act (42

14 U.S.C. 428) is amended by adding at the end the follow15 ing:

16 ‘‘Last Payment of Benefit Terminated by Death

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

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

19 individual’s monthly insurance benefit under this section

20 paid for such month shall be an amount equal to 50 per21 cent of the amount of such benefit (as determined without

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

23 $1, to the next lower multiple of $1. This subsection shall

24 apply with respect to such benefit after all other adjust-
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1 ments with respect to such benefit provided by this title

2 have been made.

3 ‘‘(2) Any payment under this section by reason of

4 paragraph (1) shall be made in accordance with section

5 204(d).’’.

6 SEC. 3. CONFORMING AMENDMENTS REGARDING PAYMENT

7 OF BENEFITS FOR MONTH OF RECIPIENT’S

8 DEATH.

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

10 202(a) of the Social Security Act (42 U.S.C. 402(a)) is

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

12 following subparagraph (B).

13 (b) WIFE’S INSURANCE BENEFITS.—

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

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

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

17 month’’ in the matter immediately following

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

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

20 month’’;

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

22 (C) by redesignating subparagraphs (F)

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

24 respectively.
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1 (2) CONFORMING AMENDMENT.—Section

2 202(b)(5)(B) of the Social Security Act (42 U.S.C.

3 402(b)(5)(B)) is amended by striking ‘‘(E), (F),

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

5 (c) HUSBAND’S INSURANCE BENEFITS.—

6 (1) IN GENERAL.—Section 202(c)(1) of the So7 cial Security Act (42 U.S.C. 402(c)(1)) is amend8 ed—

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

10 month’’ in the matter immediately following

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

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

13 month’’;

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

15 (C) by redesignating subparagraphs (F)

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

17 respectively.

18 (2) CONFORMING AMENDMENT.—Section

19 202(c)(5)(B) of the Social Security Act (42 U.S.C.

20 402(c)(5)(B)) is amended by striking ‘‘(E), (F),

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

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

23 202(d)(1) of the Social Security Act (42 U.S.C.

24 402(d)(1)) is amended—
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1 (1) by striking ‘‘and ending with the month’’ in

2 the matter immediately preceding subparagraph (D)

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

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

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

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

7 202(e)(1) of the Social Security Act (42 U.S.C. 402(e)(1))

8 is amended by striking ‘‘ending with the month preceding

9 the first month in which any of the following occurs: she

10 remarries, dies,’’ in the matter following subparagraph (F)

11 and inserting ‘‘ending with the month in which she dies

12 or (if earlier) with the month preceding the first month

13 in which any of the following occurs: she remarries, or’’.

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

15 202(f)(1) of the Social Security Act (42 U.S.C. 402(f)(1))

16 is amended by striking ‘‘ending with the month preceding

17 the first month in which any of the following occurs: he

18 remarries, dies,’’ in the matter following subparagraph (F)

19 and inserting ‘‘ending with the month in which he dies

20 or (if earlier) with the month preceding the first month

21 in which any of the following occurs: he remarries,’’.

22 (g) MOTHER’S AND FATHER’S INSURANCE BENE23 FITS.—Section 202(g)(1) of the Social Security Act (42

24 U.S.C. 402(g)(1)) is amended—
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1 (1) by inserting ‘‘with the month in which he or

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

3 matter following subparagraph (F); and

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

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

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

7 202(h)(1) of the Social Security Act (42 U.S.C.

8 402(h)(1)) is amended by striking ‘‘ending with the month

9 preceding the first month in which any of the following

10 occurs: such parent dies, marries,’’ in the matter following

11 subparagraph (E) and inserting ‘‘ending with the month

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

13 preceding the first month in which any of the following

14 occurs: such parent marries,’’.

15 (i) DISABILITY INSURANCE BENEFITS.—Section

16 223(a)(1) of the Social Security Act (42 U.S.C. 423(a)(1))

17 is amended by striking ‘‘ending with the month preceding

18 whichever of the following months is the earliest: the

19 month in which he dies,’’ in the matter following subpara20 graph (D) and inserting the following: ‘‘ending with the

21 month in which he dies or (if earlier) with whichever of

22 the following months is the earliest:’’.

23 (j) BENEFITS AT AGE 72 FOR CERTAIN UNINSURED

24 INDIVIDUALS.—Section 228(a) of the Social Security Act
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1 (42 U.S.C. 428(a)) is amended by striking ‘‘the month

2 preceding’’ in the matter following paragraph (4).

3 (k) EXEMPTION FROM MAXIMUM BENEFIT CAP.—

4 Section 203 of the Social Security Act (42 U.S.C. 403)

5 is amended by adding at the end the following:

6 ‘‘Exemption From Maximum Benefit Cap

7 ‘‘(m) Notwithstanding any other provision of this sec8 tion, the application of this section shall be made without

9 regard to any amount received by reason of section 202(z),

10 223(j), or 228(i).’’.

11 SEC. 4. EFFECTIVE DATE.

12 The amendments made by this Act shall apply with

13 respect to deaths occurring after the date that is 180 days

14 after the date of the enactment of this Act.

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