I

105TH CONGRESS

1ST SESSION H. R. 68

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 7, 1997

Mr. HOLDEN (for himself, Mr. BEREUTER, Mr. BORSKI, Mr. BOUCHER, Ms.

BROWN of Florida, Mr. CONDIT, Mr. DEFAZIO, Mr. DELLUMS, Mr.

EVANS, Mr. FROST, Mr. GREEN, Ms. EDDIE BERNICE JOHNSON of

Texas, Mr. LEWIS of Georgia, Ms. MCKINNEY, Mr. STUPAK, Mr. OWENS,

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.

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 1997’’.
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1 SEC. 2. 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 ‘‘(y)(1) In any case in which an individual dies during

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

11 individual’s monthly insurance benefit under this section

12 paid for such month shall be an amount equal to 50 per13 cent of the amount of such benefit (as determined without

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

15 $1, to the next lower multiple of $1. This subsection shall

16 apply with respect to such benefit after all other adjust17 ments with respect to such benefit provided by this title

18 have been made.

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

20 this section for the month in which such individual dies

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

22 (b) DISABILITY INSURANCE BENEFITS.—Section 223

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

24 end the following new subsection:
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1 ‘‘Last Payment of Benefit Terminated by Death

2 ‘‘(j)(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 (c) BENEFITS AT AGE 72 FOR CERTAIN UNINSURED

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

17 is amended by adding at the end the following new sub18 section:

19 ‘‘Last Payment of Benefit Terminated by Death

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

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

22 individual’s monthly insurance benefit under this section

23 paid for such month shall be an amount equal to 50 per24 cent of the amount of such benefit (as determined without

25 regard to this subsection), rounded, if not a multiple of
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1 $1, to the next lower multiple of $1. This subsection shall

2 apply with respect to such benefit after all other adjust3 ments with respect to such benefit provided by this title

4 have been made.

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

6 this section for the month in which such individual dies

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

8 SECTION 3. CONFORMING AMENDMENTS REGARDING PAY9 MENT OF BENEFITS FOR MONTH OF RECIPI10 ENT’S DEATH.

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

12 202(a) of the Social Security Act (42 U.S.C. 402(a)) is

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

14 following subparagraph (B).

15 (b) WIFE’S INSURANCE BENEFITS.—

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

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

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

19 month’’ in the matter immediately following

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

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

22 month’’;

23 (B) by striking subparagraph (E); and
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1 (C) by redesignating subparagraphs (F)

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

3 respectively.

4 (2) CONFORMING AMENDMENT.—Section

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

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

7 inserting ‘‘(E), (G), or (I)’’.

8 (c) HUSBAND’S INSURANCE BENEFITS.—

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

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

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

12 month’’ in the matter immediately following

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

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

15 month’’;

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

17 (C) by redesignating subparagraphs (F)

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

19 respectively.

20 (2) CONFORMING AMENDMENT.—Section

21 202(c)(5)(B) of such Act (42 U.S.C. 402(c)(5)(B))

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

23 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 amend3 ed—

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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