I

103D CONGRESS

1ST SESSION H. R. 274

To amend title II of the Social Security Act to provide that an applicant

for old-age, wife’s, husband’s, or child’s insurance benefits who under

present law does not qualify for a benefit for the first month in which

he or she meets the applicable entitlement conditions shall be entitled

to a prorated benefit for that month.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 5, 1993

Mr. MCCOLLUM 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 applicant for old-age, wife’s, husband’s, or child’s

insurance benefits who under present law does not qualify for a benefit for the first month in which he or

she meets the applicable entitlement conditions shall be

entitled to a prorated benefit for that month.

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

3 SECTION 1. IMMEDIATE ENTITLEMENT TO BENEFITS IN

4 PRORATED AMOUNT FOR FIRST MONTH IN

5 WHICH REQUIREMENTS ARE MET.

6 (a) OLD-AGE INSURANCE BENEFITS.—
2

•HR 274 IH

1 (1) IMMEDIATE ENTITLEMENT.—The first sen2 tence of section 202(a) of the Social Security Act

3 (42 U.S.C. 402(a)) is amended by striking ‘‘begin4 ning with—’’ and all that follows and inserting the

5 following: ‘‘beginning with the first month in which

6 such individual meets the criteria specified in para7 graphs (1), (2), and (3) and ending with the month

8 preceding the month in which he or she dies.’’.

9 (2) PRORATION FOR FIRST MONTH.—The sec10 ond sentence of section 202(a) of such Act (42

11 U.S.C. 402(a)) is amended by inserting before the

12 period at the end the following: ‘‘; except that, in the

13 case of an individual who has attained age 62 but

14 has not attained retirement age (as defined in sec15 tion 216(1)), the benefit for the first month in which

16 he or she meets the criteria specified in paragraphs

17 (1), (2), and (3) of this subsection shall be equal to

18 an amount which bears the same ratio to the benefit

19 which would be determined for such individual under

20 the preceding provisions of this sentence as the num21 ber of days in such month on which he or she meets

22 such criteria bears to 30’’.

23 (b) WIFE’S INSURANCE BENEFITS.—

24 (1) IMMEDIATE ENTITLEMENT.—Section

25 202(b)(1) of such Act (42 U.S.C. 402(b)(1)) is
3

•HR 274 IH

1 amended by striking ‘‘beginning with—’’ and all

2 that follows through ‘‘ending with’’ (in the matter

3 between subparagraphs (D) and (E)) and inserting

4 the following: ‘‘beginning with the first month in

5 which she meets the criteria specified in subpara6 graphs (A), (B), (C), and (D) and ending with’’.

7 (2) PRORATION FOR FIRST MONTH.—Section

8 202(b)(2) of such Act (42 U.S.C. 402(b)(2)) is

9 amended by inserting before the period at the end

10 the following: ‘‘; except that, in the case of a wife

11 or divorced wife who has not attained retirement age

12 (as defined in section 216(1)) or whose husband (or,

13 in the case of a divorced wife, whose former hus14 band) is entitled to disability insurance benefits, the

15 benefit for the first month in which she meets the

16 criteria specified in subparagraphs (A), (B), (C) and

17 (D) of paragraph (1) shall be equal to an amount

18 which bears the same ratio to the benefit which

19 would be determined for her under the preceding

20 provisions of this paragraph as the number of days

21 in such month on which she meets such criteria

22 bears to 30’’.

23 (c) HUSBAND’S INSURANCE BENEFITS.—

24 (1) IMMEDIATE ENTITLEMENT.—Section

25 202(c)(1) of such Act (42 U.S.C. 402(c)(1)) is
4

•HR 274 IH

1 amended by striking ‘‘beginning with—’’ and all

2 that follows through ‘‘ending with’’ (in the matter

3 between subparagraphs (D) and (E)) and inserting

4 the following: ‘‘beginning with the first month in

5 which he meets the criteria specified in subpara6 graphs (A), (B), (C), and (D) and ending with’’.

7 (2) PRORATION FOR FIRST MONTH.—Section

8 202(c)(3) of such Act (42 U.S.C. 402(c)(3)) is

9 amended by inserting before the period at the end

10 the following: ‘‘; except that, in the case of a hus11 band or divorced husband who has not attained re12 tirement age (as defined in section 216(1)) or whose

13 wife (or, in the case of a divorced husband, whose

14 former wife) is entitled to disability insurance bene15 fits, the benefit for the first month in which he

16 meets the criteria specified in subparagraphs (A),

17 (B), (C) and (D) of paragraph (1) shall be equal to

18 an amount which bears the same ratio to the benefit

19 which would be determined for him under the pre20 ceding provisions of this paragraph as the number of

21 days in such month on which he meets such criteria

22 bears to 30’’.

23 (d) CHILD’S INSURANCE BENEFITS.—

24 (1) IMMEDIATE ENTITLEMENT.—The first sen25 tence of section 202(d)(1) of such Act (42 U.S.C.
5

•HR 274 IH

1 402(d)(1)) is amended by striking ‘‘beginning

2 with—’’ and all that follows through ‘‘ending with’’

3 (in the matter between subparagraphs (D) and (E))

4 and inserting the following: ‘‘beginning with the first

5 month in which such meets the criteria specified in

6 subparagraphs (A), (B), and (C) and ending with’’.

7 (2) PRORATION FOR FIRST MONTH.—The first

8 sentence of section 202(d)(2) of such Act (42 U.S.C.

9 402(d)(2)) is amended by inserting before the period

10 at the end the following: ‘‘; except that the benefit

11 for the first month in which the child meets the cri12 teria specified in subparagraphs (A), (B), and (C) of

13 paragraph (1) shall be equal to an amount which

14 bears the same ratio to the benefit which would be

15 determined for the child under the preceding provi16 sions of this sentence as the number of days in such

17 month on which the child meets such criteria bears

18 to 30’’.

19 SEC. 2. EFFECTIVE DATE.

20 The amendments made by this Act shall apply only

21 with respect to individuals whose first month of entitle22 ment to benefits under subsection (a), (b), (c), or (d) of

23 section 202 of the Social Security Act (determined without

24 regard to section 202(j)(1) of such Act) is a month after

25 the month in which this Act is enacted.
6

•HR 274 IH

Æ