I 

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. 

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


pwalker on DSK8KYBLC1PROD with BILLS
2 

•HR 5001 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Benefit Adjustment 

3 of Social Security Income Compensation Act of 2010’’ or 

4 the ‘‘BASIC Act’’. 

5 SEC. 2. CONTINUATION OF BENEFITS THROUGH MONTH OF 

6 BENEFICIARY’S DEATH. 

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

8 202(a) of the Social Security Act (42 U.S.C. 402(a)) is 

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

10 following subparagraph (B). 

11 (b) WIFE’S INSURANCE BENEFITS.— 

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

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

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

15 month’’ in the matter immediately following 

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

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

18 month’’; 

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

20 (C) by redesignating subparagraphs (F) 

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

22 respectively. 

23 (2) CONFORMING AMENDMENT.—Section 

24 202(b)(4)(B) of such Act (42 U.S.C. 402(b)(4)(B)) 

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

26 inserting ‘‘(E), (G), or (I)’’. 


pwalker on DSK8KYBLC1PROD with BILLS
3 

•HR 5001 IH

1 (c) HUSBAND’S INSURANCE BENEFITS.— 

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

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

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

5 month’’ in the matter immediately following 

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

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

8 month’’; 

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

10 (C) by redesignating subparagraphs (F) 

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

12 respectively. 

13 (2) CONFORMING AMENDMENT.—Section 

14 202(c)(4)(B) of such Act (42 U.S.C. 402(c)(4)(B)) 

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

16 inserting ‘‘(E), (G), or (I)’’. 

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

18 202(d)(1) of such Act (42 U.S.C. 402(d)(1)) is amend19 ed— 

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

21 the matter immediately preceding subparagraph (D) 

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

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

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


pwalker on DSK8KYBLC1PROD with BILLS
4 

•HR 5001 IH

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

2 202(e)(1) of such Act (42 U.S.C. 402(e)(1)) is amended 

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

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

5 dies, becomes entitled’’ in the matter following subpara6 graph (F) and inserting ‘‘ending with the month in which 

7 she dies or (if earlier) the month preceding the earliest 

8 of the first month in which she remarries, the month in 

9 which she becomes entitled’’. 

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

11 202(f)(1) of such Act (42 U.S.C. 402(f)(1)) is amended 

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

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

14 dies, or becomes entitled’’ in the matter following subpara15 graph (F) and inserting ‘‘ending with the month in which 

16 he dies or (if earlier) the month preceding the earliest of 

17 the first month in which he remarries, the month in which 

18 he becomes entitled’’. 

19 (g) MOTHER’S AND FATHER’S INSURANCE BENE20 FITS.—Section 202(g)(1) of such Act (42 U.S.C. 

21 402(g)(1)) is amended— 

22 (1) by inserting ‘‘the month in which he or she 

23 dies or (if earlier)’’ after ‘‘and ending with’’ in the 

24 matter following subparagraph (F); and 


pwalker on DSK8KYBLC1PROD with BILLS
5 

•HR 5001 IH

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

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

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

4 202(h)(1) of such Act (42 U.S.C. 402(h)(1)) is amended 

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

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

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

8 and inserting ‘‘ending with the month in which such par9 ent dies or (if earlier) the month preceding the first month 

10 in which such parent marries’’. 

11 (i) DISABILITY INSURANCE BENEFITS.—Section 

12 223(a)(1) of such Act (42 U.S.C. 423(a)(1)) is amended 

13 by striking ‘‘ending with the month preceding whichever 

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

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

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

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

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

19 (j) BENEFITS AT AGE 72 FOR CERTAIN UNINSURED

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

21 428(a)) is amended by striking ‘‘the month preceding’’ in 

22 the matter following paragraph (4). 


pwalker on DSK8KYBLC1PROD with BILLS
6 

•HR 5001 IH

1 SEC. 3. 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) The amount of any individual’s monthly insur10 ance benefit under this section paid for the month in 

11 which the individual dies shall be an amount equal to— 

12 ‘‘(1) the amount of such benefit (as determined 

13 without regard to this subsection), multiplied by 

14 ‘‘(2) a fraction— 

15 ‘‘(A) the numerator of which is the number 

16 of days in such month preceding the date of 

17 such individual’s death, and 

18 ‘‘(B) the denominator of which is the num19 ber of days in such month, 

20 rounded, if not a multiple of $1, to the next lower multiple 

21 of $1. This subsection shall apply with respect to such 

22 benefit after all other adjustments with respect to such 

23 benefit provided by this title have been made. Payment 

24 of such benefit for such month shall be made as provided 

25 in section 204(d).’’. 


pwalker on DSK8KYBLC1PROD with BILLS
7 

•HR 5001 IH

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

6 under this section paid for the month in which the indi7 vidual dies shall be an amount equal to— 

8 ‘‘(1) the amount of such benefit (as determined 

9 without regard to this subsection), multiplied by 

10 ‘‘(2) a fraction— 

11 ‘‘(A) the numerator of which is the number 

12 of days in such month preceding the date of 

13 such individual’s death, and 

14 ‘‘(B) the denominator of which is the num15 ber of days in such month, 

16 rounded, if not a multiple of $1, to the next lower multiple 

17 of $1. This subsection shall apply with respect to such 

18 benefit after all other adjustments with respect to such 

19 benefit provided by this title have been made. Payment 

20 of such benefit for such month shall be made as provided 

21 in section 204(d).’’. 

22 (c) BENEFITS AT AGE 72 FOR CERTAIN UNINSURED

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

24 is amended by adding at the end the following new sub25 section: 


pwalker on DSK8KYBLC1PROD with BILLS
8 

•HR 5001 IH

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, 

13 rounded, if not a multiple of $1, to the next lower multiple 

14 of $1. This subsection shall apply with respect to such 

15 benefit after all other adjustments with respect to such 

16 benefit provided by this title have been made. Payment 

17 of such benefit for such month shall be made as provided 

18 in section 204(d).’’. 

19 SEC. 4. MODIFICATION OF COMPUTATION OF LUMP-SUM 

20 DEATH PAYMENTS. 

21 The first sentence of section 202(I) of such Act (42 

22 U.S.C. 402(I)) is amended by striking ‘‘three times’’ and 

23 all that follows through ‘‘smaller’’ and inserting ‘‘47 per24 cent of such individual’s primary insurance amount, or an 

25 amount equal to $255, whichever is greater’’. 


pwalker on DSK8KYBLC1PROD with BILLS
9 

•HR 5001 IH

1 SEC. 5. DISREGARD OF BENEFIT FOR MONTH OF DEATH 

2 UNDER FAMILY MAXIMUM PROVISIONS. 

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

4 403(a)) is amended by adding at the end the following 

5 new paragraph: 

6 ‘‘(11) Notwithstanding any other provision of 

7 this Act, in applying the preceding provisions of this 

8 subsection (and determining maximum family bene9 fits under column V of the table in or deemed to be 

10 in section 215(a) as in effect in December 1978) 

11 with respect to the month in which the insured indi12 vidual’s death occurs, the benefit payable to such in13 dividual for that month shall be disregarded.’’. 

14 SEC. 6. EFFECTIVE DATE. 

15 The amendments made by this Act shall apply with 

16 respect to deaths occurring in the first month beginning 

17 more than 90 days after the date of enactment of this 

18 Act. 

Æ 


pwalker on DSK8KYBLC1PROD with BILLS