I 

115TH CONGRESS 

2D SESSION H. R. 5302 

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 

MARCH 15, 2018 

Mr. DEFAZIO (for himself, Mr. BRADY of Pennsylvania, Mr. COHEN, Mr. 

MCNERNEY, Ms. NORTON, Mr. GRIJALVA, Mr. TONKO, Mr. GENE

GREEN of Texas, and Mr. NADLER) 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, 


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1 SECTION 1. SHORT TITLE. 

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

3 of Social Security Income Compensation Act’’ or the 

4 ‘‘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)’’. 


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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). 


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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 


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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). 


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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 ‘‘(aa) LAST PAYMENT OF MONTHLY INSURANCE

8 BENEFIT TERMINATED BY DEATH.—(1) The amount of 

9 any individual’s monthly insurance benefit under this sec10 tion paid for the month in which the individual dies shall 

11 be an amount equal to— 

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

13 without regard to this subsection), multiplied by 

14 ‘‘(B) a fraction— 

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

16 of days in such month preceding the date of 

17 such individual’s death, and 

18 ‘‘(ii) 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). 


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1 ‘‘(2) Any monthly insurance benefit under this sec2 tion for the month in which the individual entitled to such 

3 benefit dies shall be paid to the estate of the individual 

4 unless the individual has named another individual as the 

5 payee for such payment.’’. 

6 (b) DISABILITY INSURANCE BENEFITS.—Section 223 

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

8 end the following new subsection: 

9 ‘‘(k) LAST PAYMENT OF BENEFIT TERMINATED BY

10 DEATH.—(1) The amount of any individual’s monthly 

11 benefit under this section paid for the month in which the 

12 individual dies shall be an amount equal to— 

13 ‘‘(A) the amount of such benefit (as determined 

14 without regard to this subsection), multiplied by 

15 ‘‘(B) a fraction— 

16 ‘‘(i) the numerator of which is the number 

17 of days in such month preceding the date of 

18 such individual’s death, and 

19 ‘‘(ii) the denominator of which is the num20 ber of days in such month, 

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

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

23 benefit after all other adjustments with respect to such 

24 benefit provided by this title have been made. Payment 


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

2 in section 204(d). 

3 ‘‘(2) Any monthly insurance benefit under this sec4 tion for the month in which the individual entitled to such 

5 benefit dies shall be paid to the estate of the individual 

6 unless the individual has named another individual as the 

7 payee for such payment.’’. 

8 (c) BENEFITS AT AGE 72 FOR CERTAIN UNINSURED

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

10 is amended by adding at the end the following new sub11 section: 

12 ‘‘(i) LAST PAYMENT OF BENEFIT TERMINATED BY

13 DEATH.—(1) The amount of any individual’s monthly 

14 benefit under this section paid for the month in which the 

15 individual dies shall be an amount equal to— 

16 ‘‘(A) the amount of such benefit (as determined 

17 without regard to this subsection), multiplied by 

18 ‘‘(B) a fraction— 

19 ‘‘(i) the numerator of which is the number 

20 of days in such month preceding the date of 

21 such individual’s death, and 

22 ‘‘(ii) the denominator of which is the num23 ber of days in such month, 

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

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


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1 benefit after all other adjustments with respect to such 

2 benefit provided by this title have been made. Payment 

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

4 in section 204(d). 

5 ‘‘(2) Any monthly insurance benefit under this sec6 tion for the month in which the individual entitled to such 

7 benefit dies shall be paid to the estate of the individual 

8 unless the individual has named another individual as the 

9 payee for such payment.’’. 

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

11 DEATH PAYMENTS. 

12 The first sentence of section 202(i) of such Act (42 

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

14 all that follows through ‘‘smaller’’ and inserting ‘‘50 per15 cent of such individual’s primary insurance amount, or an 

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

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

18 UNDER FAMILY MAXIMUM PROVISIONS. 

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

20 403(a)) is amended by adding at the end the following 

21 new paragraph: 

22 ‘‘(11) Notwithstanding any other provision of 

23 this Act, in applying the preceding provisions of this 

24 subsection (and determining maximum family bene25 fits under column V of the table in or deemed to be 


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

2 with respect to the month in which the insured indi3 vidual’s death occurs, the benefit payable to such in4 dividual for that month shall be disregarded.’’. 

5 SEC. 6. EFFECTIVE DATE. 

6 The amendments made by this Act shall apply with 

7 respect to deaths occurring in the first month beginning 

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

9 Act. 

Æ 


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