I 

111TH CONGRESS 

1ST SESSION H. R. 954 

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 HOUSE OF REPRESENTATIVES 

FEBRUARY 10, 2009 

Mr. HOLDEN (for himself and Mr. PLATTS) 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 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 Bene5 fits Fairness Act of 2009’’. 


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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 new 

6 subsection: 

7 ‘‘Last Payment of Monthly Insurance Benefit 

8 Terminated by Death 

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

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

11 individual’s monthly insurance benefit under this section 

12 paid for such month shall be an amount equal to 50 per13 cent of the amount of such benefit (as determined without 

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

15 $1, to the next lower multiple of $1. This subsection shall 

16 apply with respect to such benefit after all other adjust17 ments with respect to such benefit provided by this title 

18 have been made. 

19 ‘‘(2) Any payment of an individual’s benefit under 

20 this section for the month in which such individual dies 

21 shall be made in accordance with section 204(d).’’. 

22 (b) DISABILITY INSURANCE BENEFITS.—Section 223 

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

24 end the following new subsection: 


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1 ‘‘Last Payment of Benefit Terminated by Death 

2 ‘‘(k)(1) In any case in which an individual dies during 

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

4 individual’s monthly insurance benefit under this section 

5 paid for such month shall be an amount equal to 50 per6 cent of the amount of such benefit (as determined without 

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

8 $1, to the next lower multiple of $1. This subsection shall 

9 apply with respect to such benefit after all other adjust10 ments with respect to such benefit provided by this title 

11 have been made. 

12 ‘‘(2) Any payment of an individual’s benefit under 

13 this section for the month in which such individual dies 

14 shall be made in accordance with section 204(d).’’. 

15 (c) BENEFITS AT AGE 72 FOR CERTAIN UNINSURED

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

17 is amended by adding at the end the following new sub18 section: 

19 ‘‘Last Payment of Benefit Terminated by Death 

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

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

22 individual’s monthly insurance benefit under this section 

23 paid for such month shall be an amount equal to 50 per24 cent of the amount of such benefit (as determined without 

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


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

2 apply with respect to such benefit after all other adjust3 ments with respect to such benefit provided by this title 

4 have been made. 

5 ‘‘(2) Any payment of an individual’s benefit under 

6 this section for the month in which such individual dies 

7 shall be made in accordance with section 204(d).’’. 

8 SEC. 3. CONFORMING AMENDMENTS REGARDING PAYMENT 

9 OF BENEFITS FOR MONTH OF RECIPIENT’S 

10 DEATH. 

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

12 202(a) of the Social Security Act (42 U.S.C. 402(a)) is 

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

14 following subparagraph (B). 

15 (b) WIFE’S INSURANCE BENEFITS.— 

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

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

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

19 month’’ in the matter immediately following 

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

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

22 month’’; 

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


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1 (C) by redesignating subparagraphs (F) 

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

3 respectively. 

4 (2) CONFORMING AMENDMENT.—Section 

5 202(b)(5)(B) of such Act (42 U.S.C. 402(b)(5)(B)) 

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

7 inserting ‘‘(E), (G), or (I)’’. 

8 (c) HUSBAND’S INSURANCE BENEFITS.— 

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

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

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

12 month’’ in the matter immediately following 

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

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

15 month’’; 

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

17 (C) by redesignating subparagraphs (F) 

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

19 respectively. 

20 (2) CONFORMING AMENDMENT.—Section 

21 202(c)(5)(B) of such Act (42 U.S.C. 402(c)(5)(B)) 

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

23 inserting ‘‘(E), (G), or (I)’’. 


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

2 202(d)(1) of such Act (42 U.S.C. 402(d)(1)) is amend3 ed— 

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

5 the matter immediately preceding subparagraph (D) 

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

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

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

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

10 202(e)(1) of such Act (42 U.S.C. 402(e)(1)) is amended 

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

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

13 dies,’’ in the matter following subparagraph (F) and in14 serting ‘‘ending with the month in which she dies or (if 

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

16 any of the following occurs: she remarries, or’’. 

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

18 202(f)(1) of such Act (42 U.S.C. 402(f)(1)) is amended 

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

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

21 dies,’’ in the matter following subparagraph (F) and in22 serting ‘‘ending with the month in which he dies or (if 

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

24 any of the following occurs: he remarries,’’. 


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1 (g) MOTHER’S AND FATHER’S INSURANCE BENE2 FITS.—Section 202(g)(1) of such Act (42 U.S.C. 

3 402(g)(1)) is amended— 

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

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

6 matter following subparagraph (F); and 

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

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

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

10 202(h)(1) of such Act (42 U.S.C. 402(h)(1)) is amended 

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

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

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

14 and inserting ‘‘ending with the month in which such par15 ent dies or (if earlier) with the month preceding the first 

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

17 marries,’’. 

18 (i) DISABILITY INSURANCE BENEFITS.—Section 

19 223(a)(1) of such Act (42 U.S.C. 423(a)(1)) is amended 

20 by striking ‘‘ending with the month preceding whichever 

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

22 he dies,’’ in the matter following subparagraph (E) and 

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

24 he dies or (if earlier) with whichever of the following 

25 months is the earliest:’’. 


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1 (j) BENEFITS AT AGE 72 FOR CERTAIN UNINSURED

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

3 428(a)) is amended by striking ‘‘the month preceding’’ in 

4 the matter following paragraph (4). 

5 (k) EXEMPTION FROM MAXIMUM BENEFIT CAP.— 

6 Section 203 of such Act (42 U.S.C. 403) is amended by 

7 adding at the end the following new subsection: 

8 ‘‘Exemption From Maximum Benefit Cap 

9 ‘‘(m) Notwithstanding any other provision of this sec10 tion, the application of this section shall be made without 

11 regard to any benefit of an individual under section 202, 

12 223, or 228 for the month in which such individual dies.’’. 

13 SEC. 4. EFFECTIVE DATE. 

14 The amendments made by this Act shall apply with 

15 respect to deaths occurring after 180 days after the date 

16 of the enactment of this Act. 

Æ 


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