I

107TH CONGRESS

1ST SESSION H. R. 1464

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

APRIL 4, 2001

Mr. HOLDEN (for himself, Mr. STARK, Mrs. BONO, Mr. CRAMER, Ms.

HOOLEY of Oregon, Mr. MCINTYRE, Mr. BRADY of Pennsylvania, Mr.

SNYDER, Mr. GORDON, Mr. SKELTON, Mr. DOYLE, Mr. TURNER, Mr.

BORSKI, Mr. LAHOOD, Mr. TAYLOR of North Carolina, Mr. FROST, Mr.

LATOURETTE, Mr. FRANK, Mr. PAUL, Mr. KILDEE, Mr. ANDREWS, Mrs.

CAPPS, Ms. RIVERS, Mr. BOUCHER, Mr. MCNULTY, Mr. BALDACCI, Mr.

MASCARA, Mr. GONZALEZ, Mr. WELDON of Pennsylvania, Mr. FILNER,

Mr. LANTOS, Mr. GOODE, Ms. BROWN of Florida, Mr. BOEHLERT, Mrs.

JONES of Ohio, Mr. CROWLEY, Mr. STUPAK, Mr. PASTOR, Ms.

SCHAKOWSKY, Mr. HINCHEY, Ms. HART, Mrs. EMERSON, Mr. NEY, Mr.

GEORGE MILLER of California, Mr. BARRETT, Mr. GILLMOR, Mr.

DEFAZIO, Mr. EVANS, Mr. CONDIT, Ms. BERKLEY, Mr. KUCINICH, Mr.

COSTELLO, Mr. CLEMENT, Ms. SOLIS, Mr. SERRANO, Ms. MCCARTHY of

Missouri, Mr. SHAYS, Mr. COYNE, Mr. BOSWELL, and Mr. SMITH of New

Jersey) 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.
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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 2001’’.

6 SEC. 2. COMPUTATION AND PAYMENT OF LAST MONTHLY

7 PAYMENT.

8 (a) OLD-AGE AND SURVIVORS INSURANCE BENE9 FITS.—Section 202 of the Social Security Act (42 U.S.C.

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

11 subsection:

12 ‘‘Last Payment of Monthly Insurance Benefit

13 Terminated by Death

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

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

16 individual’s monthly insurance benefit under this section

17 paid for such month shall be an amount equal to 50 per18 cent of the amount of such benefit (as determined without

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

20 $1, to the next lower multiple of $1. This subsection shall

21 apply with respect to such benefit after all other adjust22 ments with respect to such benefit provided by this title

23 have been made.
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1 ‘‘(2) Any payment of an individual’s benefit under

2 this section for the month in which such individual dies

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

4 (b) DISABILITY INSURANCE BENEFITS.—Section 223

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

6 end the following new subsection:

7 ‘‘Last Payment of Benefit Terminated by Death

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

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

10 individual’s monthly insurance benefit under this section

11 paid for such month shall be an amount equal to 50 per12 cent of the amount of such benefit (as determined without

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

14 $1, to the next lower multiple of $1. This subsection shall

15 apply with respect to such benefit after all other adjust16 ments with respect to such benefit provided by this title

17 have been made.

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

19 this section for the month in which such individual dies

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

21 (c) BENEFITS AT AGE 72 FOR CERTAIN UNINSURED

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

23 is amended by adding at the end the following new sub24 section:
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1 ‘‘Last Payment of Benefit Terminated by Death

2 ‘‘(i)(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 SEC. 3. CONFORMING AMENDMENTS REGARDING PAYMENT

16 OF BENEFITS FOR MONTH OF RECIPIENT’S

17 DEATH.

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

19 202(a) of the Social Security Act (42 U.S.C. 402(a)) is

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

21 following subparagraph (B).

22 (b) WIFE’S INSURANCE BENEFITS.—

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

24 Act (42 U.S.C. 402(b)(1)) is amended—
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1 (A) by striking ‘‘and ending with the

2 month’’ in the matter immediately following

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

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

5 month’’;

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

7 (C) by redesignating subparagraphs (F)

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

9 respectively.

10 (2) CONFORMING AMENDMENT.—Section

11 202(b)(5)(B) of such Act (42 U.S.C. 402(b)(5)(B))

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

13 inserting ‘‘(E), (G), or (I)’’.

14 (c) HUSBAND’S INSURANCE BENEFITS.—

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

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

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

18 month’’ in the matter immediately following

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

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

21 month’’;

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

23 (C) by redesignating subparagraphs (F)

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

25 respectively.
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1 (2) CONFORMING AMENDMENT.—Section

2 202(c)(5)(B) of such Act (42 U.S.C. 402(c)(5)(B))

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

4 inserting ‘‘(E), (G), or (I)’’.

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

6 202(d)(1) of such Act (42 U.S.C. 402(d)(1)) is

7 amended—

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

9 the matter immediately preceding subparagraph (D)

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

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

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

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

14 202(e)(1) of such Act (42 U.S.C. 402(e)(1)) is amended

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

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

17 dies,’’ in the matter following subparagraph (F) and in18 serting ‘‘ending with the month in which she dies or (if

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

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

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

22 202(f)(1) of such Act (42 U.S.C. 402(f)(1)) is amended

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

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

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

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

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

4 (g) MOTHER’S A ND FATHER’S INSURANCE BENE5 FITS.—Section 202(g)(1) of such Act (42 U.S.C.

6 402(g)(1)) is amended—

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

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

9 matter following subparagraph (F); and

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

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

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

13 202(h)(1) of such Act (42 U.S.C. 402(h)(1)) is amended

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

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

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

17 and inserting ‘‘ending with the month in which such par18 ent dies or (if earlier) with the month preceding the first

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

20 marries,’’.

21 (i) DISABILITY INSURANCE BENEFITS.—Section

22 223(a)(1) of such Act (42 U.S.C. 423(a)(1)) is amended

23 by striking ‘‘ending with the month preceding whichever

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

25 he dies,’’ in the matter following subparagraph (D) and
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1 inserting the following: ‘‘ending with the month in which

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

3 months is the earliest:’’.

4 (j) BENEFITS AT AGE 72 FOR CERTAIN UNINSURED

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

6 428(a)) is amended by striking ‘‘the month preceding’’ in

7 the matter following paragraph (4).

8 (k) EXEMPTION FROM MAXIMUM BENEFIT CAP.—

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

10 adding at the end the following new subsection:

11 ‘‘Exemption From Maximum Benefit Cap

12 ‘‘(m) Notwithstanding any other provision of this sec13 tion, the application of this section shall be made without

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

15 223, or 228 for the month in which such individual dies.’’.

16 SEC. 4. EFFECTIVE DATE.

17 The amendments made by this Act shall apply with

18 respect to deaths occurring after 180 days after the date

19 of the enactment of this Act.

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