I

106TH CONGRESS

1ST SESSION H. R. 163

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

JANUARY 6, 1999

Mr. HOLDEN (for himself, Mr. REGULA, Mr. TAYLOR of North Carolina, Mr.

BRADY of Pennsylvania, Mr. FRANK of Massachusetts, Mr. OLVER, Mr.

SHAYS, Mr. BOEHLERT, Mr. FROST, Mr. SANDERS, Ms. NORTON, Mrs.

CAPPS, Ms. BROWN of Florida, Mr. MCNULTY, Mr. ROMERO-BARCELO ́,

Mrs. MINK of Hawaii, Mr. FILNER, Mr. HINCHEY, Mr. FORBES, Mrs.

BONO, Mr. MCINTYRE, Mr. GOODE, Mr. FORD, Mr. MASCARA, and Ms.

DANNER) 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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Social Security Bene3 fits Fairness Act of 1999’’.

4 SEC. 2. COMPUTATION AND PAYMENT OF LAST MONTHLY

5 PAYMENT.

6 (a) OLD-AGE AND SURVIVORS INSURANCE BENE7 FITS.—Section 202 of the Social Security Act (42 U.S.C.

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

9 subsection:

10 ‘‘Last Payment of Monthly Insurance Benefit

11 Terminated by Death

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

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

14 individual’s monthly insurance benefit under this section

15 paid for such month shall be an amount equal to 50 per16 cent of the amount of such benefit (as determined without

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

18 $1, to the next lower multiple of $1. This subsection shall

19 apply with respect to such benefit after all other adjust20 ments with respect to such benefit provided by this title

21 have been made.

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

23 this section for the month in which such individual dies

24 shall be made in accordance with section 204(d).’’.
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1 (b) DISABILITY INSURANCE BENEFITS.—Section 223

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

3 end the following new subsection:

4 ‘‘Last Payment of Benefit Terminated by Death

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

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

7 individual’s monthly insurance benefit under this section

8 paid for such month shall be an amount equal to 50 per9 cent of the amount of such benefit (as determined without

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

11 $1, to the next lower multiple of $1. This subsection shall

12 apply with respect to such benefit after all other adjust13 ments with respect to such benefit provided by this title

14 have been made.

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

16 this section for the month in which such individual dies

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

18 (c) BENEFITS AT AGE 72 FOR CERTAIN UNINSURED

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

20 is amended by adding at the end the following new sub21 section:

22 ‘‘Last Payment of Benefit Terminated by Death

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

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

25 individual’s monthly insurance benefit under this section
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1 paid for such month shall be an amount equal to 50 per2 cent of the amount of such benefit (as determined without

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

4 $1, to the next lower multiple of $1. This subsection shall

5 apply with respect to such benefit after all other adjust6 ments with respect to such benefit provided by this title

7 have been made.

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

9 this section for the month in which such individual dies

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

11 SECTION 3. CONFORMING AMENDMENTS REGARDING PAY12 MENT OF BENEFITS FOR MONTH OF RECIPI13 ENT’S DEATH.

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

15 202(a) of the Social Security Act (42 U.S.C. 402(a)) is

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

17 following subparagraph (B).

18 (b) WIFE’S INSURANCE BENEFITS.—

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

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

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

22 month’’ in the matter immediately following

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

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

25 month’’;
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1 (B) by striking subparagraph (E); and

2 (C) by redesignating subparagraphs (F)

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

4 respectively.

5 (2) CONFORMING AMENDMENT.—Section

6 202(b)(5)(B) of such Act (42 U.S.C. 402(b)(5)(B))

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

8 inserting ‘‘(E), (G), or (I)’’.

9 (c) HUSBAND’S INSURANCE BENEFITS.—

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

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

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

13 month’’ in the matter immediately following

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

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

16 month’’;

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

18 (C) by redesignating subparagraphs (F)

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

20 respectively.

21 (2) CONFORMING AMENDMENT.—Section

22 202(c)(5)(B) of such Act (42 U.S.C. 402(c)(5)(B))

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

24 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

3 amended—

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 (D) 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.

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