I 
108TH CONGRESS 
1ST SESSION H. R. 3502
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, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 17, 2003
Mr. PALLONE 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, and 
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Social Security Bene-
fits Protection Act of 2003’’.
SEC. 2. ENTITLEMENT TO BENEFITS FOR MONTH OF BENE-
FICIARY’S DEATH. 
(a) 
OLD-AGE
INSURANCE
BENEFITS.—Section 
202(a) of the Social Security Act (42 U.S.C. 402(a)) is 
amended by striking ‘‘the month preceding’’ in the matter 
following subparagraph (B). 
(b) WIFE’S INSURANCE BENEFITS.—
(1) IN GENERAL.—Section 202(b)(1) of such 
Act (42 U.S.C. 402(b)(1)) is amended—
(A) by striking ‘‘and ending with the 
month’’ in the matter immediately following 
clause (ii) and inserting ‘‘and ending with the 
month in which she dies or (if earlier) with the 
month’’; 
(B) by striking subparagraph (E); and 
(C) by redesignating subparagraphs (F) 
through (K) as subparagraphs (E) through (J), 
respectively. 
(2) 
CONFORMING
AMENDMENT.—Section 
202(b)(5)(B) of the Social Security Act (42 U.S.C. 
402(b)(5)(B)) is amended by striking ‘‘(E), (F), 
(H), or (J)’’ and inserting ‘‘(E), (G), or (I)’’. 
(c) HUSBAND’S INSURANCE BENEFITS.—
(1) IN GENERAL.—Section 202(c)(1) of the So-
cial Security Act (42 U.S.C. 402(c)(1)) is amend-
ed—
(A) by striking ‘‘and ending with the 
month’’ in the matter immediately following 
clause (ii) and inserting ‘‘and ending with the 
month in which he dies or (if earlier) with the 
month’’; 
(B) by striking subparagraph (E); and 
(C) by redesignating subparagraphs (F) 
through (K) as subparagraphs (E) through (J), 
respectively. 
(2) 
CONFORMING
AMENDMENT.—Section 
202(c)(5)(B) of the Social Security Act (42 U.S.C. 
402(c)(5)(B)) is amended by striking ‘‘(E), (F), 
(H), or (J)’’ and inserting ‘‘(E), (G), or (I)’’. 
(d) 
CHILD’S
INSURANCE
BENEFITS.—Section 
202(d)(1) of the Social Security Act (42 U.S.C. 
402(d)(1)) is amended—
(1) by striking ‘‘and ending with the month’’ in 
the matter immediately preceding subparagraph (D) 
and inserting ‘‘and ending with the month in which 
such child dies or (if earlier) with the month’’; and 
(2) by striking ‘‘dies, or’’ in subparagraph (D). 
(e) 
WIDOW’S
INSURANCE
BENEFITS.—Section 
202(e)(1) of the Social Security Act (42 U.S.C. 402(e)(1)) 
is amended by striking ‘‘ending with the month preceding 
the first month in which any of the following occurs: she
remarries, dies,’’ in the matter following subparagraph (F) 
and inserting ‘‘ending with the month in which she dies 
or (if earlier) with the month preceding the first month 
in which any of the following occurs: she remarries,’’. 
(f) WIDOWER’S
INSURANCE
BENEFITS.—Section 
202(f)(1) of the Social Security Act (42 U.S.C. 402(f)(1)) 
is amended by striking ‘‘ending with the month preceding 
the first month in which any of the following occurs: he 
remarries, dies,’’ in the matter following subparagraph (F) 
and inserting ‘‘ending with the month in which he dies 
or (if earlier) with the month preceding the first month 
in which any of the following occurs: he remarries,’’. 
(g) MOTHER’S AND FATHER’S INSURANCE BENE-
FITS.—Section 202(g)(1) of the Social Security Act (42 
U.S.C. 402(g)(1)) is amended, in the matter following 
subparagraph (F)—
(1) by inserting ‘‘with the month in which he or 
she dies or (if earlier)’’ after ‘‘and ending’’; and 
(2) by striking ‘‘he or she remarries, or he or 
she dies’’ and inserting ‘‘or he or she remarries’’. 
(h) 
PARENT’S
INSURANCE
BENEFITS.—Section 
202(h)(1) of the Social Security Act (42 U.S.C. 
402(h)(1)) is amended by striking ‘‘ending with the month 
preceding the first month in which any of the following 
occurs: such parent dies, marries,’’ in the matter following
subparagraph (E) and inserting ‘‘ending with the month 
in which such parent dies or (if earlier) with the month 
preceding the first month in which any of the following 
occurs: such parent marries’’. 
(i) DISABILITY
INSURANCE
BENEFITS.—Section 
223(a)(1) of the Social Security Act (42 U.S.C. 423(a)(1)) 
is amended by striking ‘‘ending with the month preceding 
whichever of the following months is the earliest: the 
month in which he dies,’’ in the matter following subpara-
graph (D) and inserting the following: ‘‘ending with the 
month in which he dies or (if earlier) with whichever of 
the following months is the earliest:’’. 
(j) BENEFITS AT AGE 72 FOR CERTAIN UNINSURED 
INDIVIDUALS.—Section 228(a) of the Social Security Act 
(42 U.S.C. 428(a)) is amended by striking ‘‘the month 
preceding’’ in the matter following paragraph (4). 
(k) EXEMPTION FROM MAXIMUM BENEFIT CAP.—
Section 203 of the Social Security Act (42 U.S.C. 403) 
is amended by adding at the end the following: 
‘‘Exemption From Maximum Benefit Cap 
‘‘(m) Notwithstanding any other provision of this sec-
tion, the application of this section shall be made without 
regard to monthly benefits received under section 202, 
223, or 228 for the month in which the individual entitled 
to those benefits dies.’’.