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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5001 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5001

    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 13, 2010

   Mr. Baca 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Benefit Adjustment of Social 
Security Income Compensation Act of 2010'' or the ``BASIC Act''.

SEC. 2. CONTINUATION OF BENEFITS THROUGH MONTH OF BENEFICIARY'S DEATH.

    (a) Old-Age Insurance Benefits.--Section 202(a) of the Social 
Security Act (42 U.S.C. 402(a)) is amended by striking ``the month 
preceding'' in the matter following subparagraph (B).
    (b) Wife's Insurance Benefits.--
            (1) In general.--Section 202(b)(1) of such Act (42 U.S.C. 
        402(b)(1)) is amended--
                    (A) by striking ``and ending with the month'' in 
                the matter immediately following clause (ii) and 
                inserting ``and ending with the month in which she dies 
                or (if earlier) with the month'';
                    (B) by striking subparagraph (E); and
                    (C) by redesignating subparagraphs (F) through (K) 
                as subparagraphs (E) through (J), respectively.
            (2) Conforming amendment.--Section 202(b)(4)(B) of such Act 
        (42 U.S.C. 402(b)(4)(B)) is amended by striking ``(E), (F), 
        (H), or (J)'' and inserting ``(E), (G), or (I)''.
    (c) Husband's Insurance Benefits.--
            (1) In general.--Section 202(c)(1) of such Act (42 U.S.C. 
        402(c)(1)) is amended--
                    (A) by striking ``and ending with the month'' in 
                the matter immediately following clause (ii) and 
                inserting ``and ending with the month in which he dies 
                or (if earlier) with the month'';
                    (B) by striking subparagraph (E); and
                    (C) by redesignating subparagraphs (F) through (K) 
                as subparagraphs (E) through (J), respectively.
            (2) Conforming amendment.--Section 202(c)(4)(B) of such Act 
        (42 U.S.C. 402(c)(4)(B)) is amended by striking ``(E), (F), 
        (H), or (J)'' and inserting ``(E), (G), or (I)''.
    (d) Child's Insurance Benefits.--Section 202(d)(1) of such Act (42 
U.S.C. 402(d)(1)) is amended--
            (1) by striking ``and ending with the month'' in the matter 
        immediately preceding subparagraph (D) and inserting ``and 
        ending with the month in which such child dies or (if earlier) 
        with the month''; and
            (2) by striking ``dies, or'' in subparagraph (D).
    (e) Widow's Insurance Benefits.--Section 202(e)(1) of such Act (42 
U.S.C. 402(e)(1)) is amended by striking ``ending with the month 
preceding the first month in which any of the following occurs: she 
remarries, dies, becomes entitled'' in the matter following 
subparagraph (F) and inserting ``ending with the month in which she 
dies or (if earlier) the month preceding the earliest of the first 
month in which she remarries, the month in which she becomes 
entitled''.
    (f) Widower's Insurance Benefits.--Section 202(f)(1) of such Act 
(42 U.S.C. 402(f)(1)) is amended by striking ``ending with the month 
preceding the first month in which any of the following occurs: he 
remarries, dies, or becomes entitled'' in the matter following 
subparagraph (F) and inserting ``ending with the month in which he dies 
or (if earlier) the month preceding the earliest of the first month in 
which he remarries, the month in which he becomes entitled''.
    (g) Mother's and Father's Insurance Benefits.--Section 202(g)(1) of 
such Act (42 U.S.C. 402(g)(1)) is amended--
            (1) by inserting ``the month in which he or she dies or (if 
        earlier)'' after ``and ending with'' in the matter following 
        subparagraph (F); and
            (2) by striking ``he or she remarries, or he or she dies'' 
        and inserting ``or he or she remarries''.
    (h) Parent's Insurance Benefits.--Section 202(h)(1) of such Act (42 
U.S.C. 402(h)(1)) is amended by striking ``ending with the month 
preceding the first month in which any of the following occurs: such 
parent dies, marries,'' in the matter following subparagraph (E) and 
inserting ``ending with the month in which such parent dies or (if 
earlier) the month preceding the first month in which such parent 
marries''.
    (i) Disability Insurance Benefits.--Section 223(a)(1) of such Act 
(42 U.S.C. 423(a)(1)) is amended by striking ``ending with the month 
preceding whichever of the following months is the earliest: the month 
in which he dies,'' in the matter following subparagraph (D) and 
inserting the following: ``ending with the month in which he dies or 
(if earlier) with the month preceding the earlier of'' and by striking 
the comma after ``216(l))''.
    (j) Benefits at Age 72 for Certain Uninsured Individuals.--Section 
228(a) of such Act (42 U.S.C. 428(a)) is amended by striking ``the 
month preceding'' in the matter following paragraph (4).

SEC. 3. COMPUTATION AND PAYMENT OF LAST MONTHLY PAYMENT.

    (a) Old-Age and Survivors Insurance Benefits.--Section 202 of the 
Social Security Act (42 U.S.C. 402) is amended by adding at the end the 
following new subsection:

    ``Last Payment of Monthly Insurance Benefit Terminated by Death

    ``(z) The amount of any individual's monthly insurance benefit 
under this section paid for the month in which the individual dies 
shall be an amount equal to--
            ``(1) the amount of such benefit (as determined without 
        regard to this subsection), multiplied by
            ``(2) a fraction--
                    ``(A) the numerator of which is the number of days 
                in such month preceding the date of such individual's 
                death, and
                    ``(B) the denominator of which is the number of 
                days in such month,
rounded, if not a multiple of $1, to the next lower multiple of $1. 
This subsection shall apply with respect to such benefit after all 
other adjustments with respect to such benefit provided by this title 
have been made. Payment of such benefit for such month shall be made as 
provided in section 204(d).''.
    (b) Disability Insurance Benefits.--Section 223 of such Act (42 
U.S.C. 423) is amended by adding at the end the following new 
subsection:

             ``Last Payment of Benefit Terminated by Death

    ``(k) The amount of any individual's monthly benefit under this 
section paid for the month in which the individual dies shall be an 
amount equal to--
            ``(1) the amount of such benefit (as determined without 
        regard to this subsection), multiplied by
            ``(2) a fraction--
                    ``(A) the numerator of which is the number of days 
                in such month preceding the date of such individual's 
                death, and
                    ``(B) the denominator of which is the number of 
                days in such month,
rounded, if not a multiple of $1, to the next lower multiple of $1. 
This subsection shall apply with respect to such benefit after all 
other adjustments with respect to such benefit provided by this title 
have been made. Payment of such benefit for such month shall be made as 
provided in section 204(d).''.
    (c) Benefits at Age 72 for Certain Uninsured Individuals.--Section 
228 of such Act (42 U.S.C. 428) is amended by adding at the end the 
following new subsection:

             ``Last Payment of Benefit Terminated by Death

    ``(i) The amount of any individual's monthly benefit under this 
section paid for the month in which the individual dies shall be an 
amount equal to--
            ``(1) the amount of such benefit (as determined without 
        regard to this subsection), multiplied by
            ``(2) a fraction--
                    ``(A) the numerator of which is the number of days 
                in such month preceding the date of such individual's 
                death, and
                    ``(B) the denominator of which is the number of 
                days in such month,
rounded, if not a multiple of $1, to the next lower multiple of $1. 
This subsection shall apply with respect to such benefit after all 
other adjustments with respect to such benefit provided by this title 
have been made. Payment of such benefit for such month shall be made as 
provided in section 204(d).''.

SEC. 4. MODIFICATION OF COMPUTATION OF LUMP-SUM DEATH PAYMENTS.

    The first sentence of section 202(I) of such Act (42 U.S.C. 402(I)) 
is amended by striking ``three times'' and all that follows through 
``smaller'' and inserting ``47 percent of such individual's primary 
insurance amount, or an amount equal to $255, whichever is greater''.

SEC. 5. DISREGARD OF BENEFIT FOR MONTH OF DEATH UNDER FAMILY MAXIMUM 
              PROVISIONS.

    Section 203(a) of the Social Security Act (42 U.S.C. 403(a)) is 
amended by adding at the end the following new paragraph:
            ``(11) Notwithstanding any other provision of this Act, in 
        applying the preceding provisions of this subsection (and 
        determining maximum family benefits under column V of the table 
        in or deemed to be in section 215(a) as in effect in December 
        1978) with respect to the month in which the insured 
        individual's death occurs, the benefit payable to such 
        individual for that month shall be disregarded.''.

SEC. 6. EFFECTIVE DATE.

    The amendments made by this Act shall apply with respect to deaths 
occurring in the first month beginning more than 90 days after the date 
of enactment of this Act.
                                 <all>
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