I 
117TH CONGRESS 
2D SESSION 
H. R. 8467 
To amend title II of the Social Security Act and the Internal Revenue 
Code of 1986 to make improvements in the old-age, survivors, and 
disability insurance program, and to provide for Social Security benefit 
protection. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 21, 2022 
Mr. DEUTCH (for himself, Mr. SARBANES, Mr. COHEN, and Ms. PINGREE) in-
troduced the following bill; which was referred to the Committee on Ways 
and Means, and in addition to the Committees on Energy and Commerce, 
and Education and Labor, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To amend title II of the Social Security Act and the Internal 
Revenue Code of 1986 to make improvements in the 
old-age, survivors, and disability insurance program, and 
to provide for Social Security benefit protection. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Protecting and Preserving Social Security Act’’. 
VerDate Sep 11 2014 
16:15 Aug 01, 2022
Jkt 029200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H8467.IH
H8467
pamtmann on DSKBC07HB2PROD with BILLS
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title and table of contents. 
TITLE I—COST-OF-LIVING INCREASES 
Sec. 101. Consumer Price Index for Elderly Consumers. 
Sec. 102. Computation of cost-of-living increases. 
TITLE II—CONTRIBUTION AND BENEFIT FAIRNESS 
Sec. 201. Determination of wages and self-employment income above contribu-
tion and benefit base after 2022. 
Sec. 202. Inclusion of surplus earnings in Social Security benefit formula. 
Sec. 203. Preventing an unintended drop in benefits relating to the application 
of the National Average Wage Index. 
TITLE III—BENEFIT ADJUSTMENT OF SOCIAL SECURITY INCOME 
COMPENSATION 
Sec. 301. Continuation of benefits through month of beneficiary’s death. 
TITLE I—COST-OF-LIVING 
INCREASES 
SEC. 101. CONSUMER PRICE INDEX FOR ELDERLY CON-
SUMERS. 
(a) IN GENERAL.—The Bureau of Labor Statistics 
of the Department of Labor shall prepare and publish an 
index for each calendar month to be known as the ‘‘Con-
sumer Price Index for Elderly Consumers’’ that indicates 
changes over time in expenditures for consumption which 
are typical for individuals in the United States who are 
62 years of age or older. 
(b) EFFECTIVE DATE.—Subsection (a) shall apply 
with respect to calendar months ending on or after July 
31 of the calendar year following the calendar year in 
which this Act is enacted. 
VerDate Sep 11 2014 
16:15 Aug 01, 2022
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H8467.IH
H8467
pamtmann on DSKBC07HB2PROD with BILLS
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as are nec-
essary to carry out the provisions of this section. 
SEC. 102. COMPUTATION OF COST-OF-LIVING INCREASES. 
(a) IN GENERAL.—Section 215(i)(1) of the Social Se-
curity Act (42 U.S.C. 415(i)(1)) is amended by adding 
at the end the following new subparagraph: 
‘‘(H) the term ‘Consumer Price Index’ 
means the Consumer Price Index for Elderly 
Consumers (CPI–E, as published by the Bu-
reau of Labor Statistics of the Department of 
Labor).’’. 
(b) APPLICATION TO PRE-1979 LAW.— 
(1) IN GENERAL.—Section 215(i)(1) of the So-
cial Security Act as in effect in December 1978, and 
as applied in certain cases under the provisions of 
such Act as in effect after December 1978, is 
amended by adding at the end the following new 
subparagraph: 
‘‘(D) the term ‘Consumer Price Index’ 
means the Consumer Price Index for Elderly 
Consumers (CPI–E, as published by the Bu-
reau of Labor Statistics of the Department of 
Labor).’’. 
VerDate Sep 11 2014 
16:15 Aug 01, 2022
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H8467.IH
H8467
pamtmann on DSKBC07HB2PROD with BILLS
(2) 
CONFORMING
AMENDMENT.—Section 
215(i)(4) of the Social Security Act (42 U.S.C. 
415(i)(4)) is amended by inserting ‘‘and by section 
102 of the Protecting and Preserving Social Security 
Act’’ after ‘‘1986’’. 
(c) NO EFFECT ON ADJUSTMENTS UNDER OTHER 
LAWS.—Section 215(i) of the Social Security Act (42 
U.S.C. 415(i)) is amended by adding at the end the fol-
lowing: 
‘‘(6) Any provision of law (other than in this 
title or title XVI) which provides for adjustment of 
an amount based on a change in benefit amounts re-
sulting from a determination made under this sub-
section shall be applied and administered without re-
gard to the amendments made by section 102 of the 
Protecting and Preserving Social Security Act.’’. 
(d) NO EFFECT ON ELIGIBILITY FOR SSI AND MED-
ICAID.—Any increase to an individual’s monthly benefit 
amount under title II of the Social Security Act as a result 
of the amendments made by this section shall not be re-
garded as income or resources for any subsequent month, 
for purposes of determining the eligibility of the recipient 
(or the recipient’s spouse or family) for benefits or assist-
ance, or the amount or extent of benefits or assistance, 
VerDate Sep 11 2014 
16:15 Aug 01, 2022
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H8467.IH
H8467
pamtmann on DSKBC07HB2PROD with BILLS
under the Supplemental Security Income program or the 
Medicaid program. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall apply to determinations made with re-
spect to cost-of-living computation quarters (as defined in 
section 215(i)(1)(B) of the Social Security Act (42 U.S.C. 
415(i)(1)(B))) ending on or after September 30 of the sec-
ond calendar year following the calendar year in which this 
Act is enacted. 
TITLE II—CONTRIBUTION AND 
BENEFIT FAIRNESS 
SEC. 201. DETERMINATION OF WAGES AND SELF-EMPLOY-
MENT INCOME ABOVE CONTRIBUTION AND 
BENEFIT BASE AFTER 2022. 
(a) DETERMINATION OF WAGES ABOVE CONTRIBU-
TION AND BENEFIT BASE AFTER 2022.— 
(1) AMENDMENTS TO THE INTERNAL REVENUE 
CODE OF 1986.—Section 3121 of the Internal Rev-
enue Code of 1986 is amended— 
(A) in subsection (a)(1), by inserting ‘‘the 
applicable percentage (determined under sub-
section (c)(1)) of’’ before ‘‘that part of the re-
muneration’’; and 
(B) in subsection (c), by striking ‘‘(c) IN-
CLUDED AND EXCLUDED SERVICE.—For pur-
VerDate Sep 11 2014 
16:15 Aug 01, 2022
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H8467.IH
H8467
pamtmann on DSKBC07HB2PROD with BILLS
poses of this chapter, if’’ and inserting the fol-
lowing: 
‘‘(c) SPECIAL RULES
FOR WAGES
AND EMPLOY-
MENT.— 
‘‘(1) APPLICABLE PERCENTAGE OF REMUNERA-
TION
IN
DETERMINING
WAGES.—For purposes of 
paragraph (1) of subsection (a), the applicable per-
centage for a calendar year, in connection with any 
calendar year referred to in such subparagraph, 
shall be the percentage determined in accordance 
with the following table: 
The applicable 
‘‘In the case of: 
percentage is: 
Calendar year 2023 .....................................................................
Calendar year 2024 .....................................................................
Calendar year 2025 .....................................................................
Calendar year 2026 .....................................................................
Calendar year 2027 .....................................................................
Calendar year 2028 .....................................................................
Calendar years after 2028 ...........................................................
0. 
‘‘(2) INCLUDED AND EXCLUDED SERVICE.—For 
purposes of this chapter, if’’. 
(2) AMENDMENTS
TO
THE
SOCIAL
SECURITY 
ACT.—Section 209 of the Social Security Act (42 
U.S.C. 409) is amended— 
(A) in subsection (a)(1)— 
(i) in subparagraph (I)— 
(I) by inserting ‘‘and before 
2023’’ after ‘‘1974’’; and 
VerDate Sep 11 2014 
16:15 Aug 01, 2022
Jkt 029200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H8467.IH
H8467
pamtmann on DSKBC07HB2PROD with BILLS
(II) by inserting ‘‘and’’ after the 
semicolon; and 
(ii) by adding at the end the following 
new subparagraph: 
‘‘(J) The applicable percentage (deter-
mined under subsection (l)) of that part of re-
muneration which, after remuneration (other 
than remuneration referred to in the succeeding 
subsections of this section) equal to the con-
tribution and benefit base (determined under 
section 230) with respect to employment has 
been paid to an individual during any calendar 
year after 2022 with respect to which such con-
tribution and benefit base is effective, is paid to 
such individual during such calendar year;’’; 
and 
(B) by adding at the end the following new 
subsection: 
‘‘(l) For purposes of subparagraph (J) of subsection 
(a)(1), the applicable percentage for a calendar year, in 
connection with any calendar year referred to in such sub-
paragraph, shall be the percentage determined in accord-
ance with the following table: 
The applicable 
‘‘In the case of: 
percentage is: 
Calendar year 2023 .....................................................................
Calendar year 2024 .....................................................................
Calendar year 2025 .....................................................................
VerDate Sep 11 2014 
16:15 Aug 01, 2022
Jkt 029200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6211
E:\BILLS\H8467.IH
H8467
pamtmann on DSKBC07HB2PROD with BILLS
The applicable 
‘‘In the case of: 
percentage is: 
Calendar year 2026 .....................................................................
Calendar year 2027 .....................................................................
Calendar year 2028 .....................................................................
Calendar years after 2028 ...........................................................
0.’’. 
(3) EFFECTIVE DATE.—The amendments made 
by this subsection shall apply with respect to remu-
neration paid in calendar years after 2022. 
(b) DETERMINATION
OF SELF-EMPLOYMENT IN-
COME ABOVE CONTRIBUTION AND BENEFIT BASE AFTER 
2022.— 
(1) AMENDMENTS TO THE INTERNAL REVENUE 
CODE OF 1986.—Section 1402 of the Internal Rev-
enue Code of 1986 is amended— 
(A) in subsection (b)(1), by inserting ‘‘an 
amount equal to the applicable percentage (as 
determined under subsection (d)(2)) of’’ before 
‘‘that part of the net earnings from self-employ-
ment’’; and 
(B) in subsection (d)— 
(i) by striking ‘‘(d) EMPLOYEE AND 
WAGES.—The term’’ and inserting the fol-
lowing: 
‘‘(d) RULES AND DEFINITIONS.— 
‘‘(1) EMPLOYEE AND WAGES.—The term’’; and 
(ii) by adding at the end the fol-
lowing: 
VerDate Sep 11 2014 
16:15 Aug 01, 2022
Jkt 029200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H8467.IH
H8467
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(2) APPLICABLE PERCENTAGE OF NET EARN-
INGS
FROM
SELF-EMPLOYMENT
IN
DETERMINING 
SELF-EMPLOYMENT INCOME.—For purposes of para-
graph (1) of subsection (b), the applicable percent-
age for a taxable year beginning in any calendar 
year referred to in such paragraph shall be the per-
centage determined in accordance with the following 
table: 
The applicable 
‘‘In the case of: 
percentage is: 
Calendar year 2023 .....................................................................
Calendar year 2024 .....................................................................
Calendar year 2025 .....................................................................
Calendar year 2026 .....................................................................
Calendar year 2027 .....................................................................
Calendar year 2028 .....................................................................
Calendar years after 2028 ...........................................................
0.’’. 
(2) AMENDMENTS
TO
THE
SOCIAL
SECURITY 
ACT.—Section 211 of the Social Security Act (42 
U.S.C. 411) is amended— 
(A) in subsection (b)— 
(i) in paragraph (1)(I)— 
(I) by striking ‘‘or’’ after the 
semicolon; and 
(II) by inserting ‘‘and before 
2023’’ after ‘‘1974’’; 
(ii) by redesignating paragraph (2) as 
paragraph (3); and 
(iii) by inserting after paragraph (1) 
the following new paragraph: 
VerDate Sep 11 2014 
16:15 Aug 01, 2022
Jkt 029200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H8467.IH
H8467
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(2) For any taxable year beginning in any cal-
endar year after 2022, an amount equal to the appli-
cable percentage (as determined under subsection 
(l)) of that part of net earnings from self-employ-
ment which is in excess of (A) an amount equal to 
the contribution and benefit base (determined under 
section 230) that is effective for such calendar year, 
minus (B) the amount of the wages paid to such in-
dividual during such taxable year; or’’; and 
(B) by adding at the end the following: 
‘‘(l) For purposes of paragraph (2) of subsection (b), 
the applicable percentage for a taxable year beginning in 
any calendar year referred to in such paragraph, shall be 
the percentage determined in accordance with the fol-
lowing table: 
The applicable 
‘‘In the case of: 
percentage is: 
Calendar year 2023 .....................................................................
Calendar year 2024 .....................................................................
Calendar year 2025 .....................................................................
Calendar year 2026 .....................................................................
Calendar year 2027 .....................................................................
Calendar year 2028 .....................................................................
Calendar years after 2028 ...........................................................
0.’’. 
(3) EFFECTIVE DATE.—The amendments made 
by this subsection shall apply with respect to taxable 
years beginning during or after calendar year 2023. 
VerDate Sep 11 2014 
16:15 Aug 01, 2022
Jkt 029200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H8467.IH
H8467
pamtmann on DSKBC07HB2PROD with BILLS
SEC. 202. INCLUSION OF SURPLUS EARNINGS IN SOCIAL SE-
CURITY BENEFIT FORMULA. 
(a) INCLUSION
OF SURPLUS AVERAGE INDEXED 
MONTHLY EARNINGS IN DETERMINATION OF PRIMARY 
INSURANCE AMOUNTS.— 
(1) IN GENERAL.—Section 215(a)(1)(A) of the 
Social Security Act (42 U.S.C. 415(a)(1)(A)) is 
amended— 
(A) in clauses (i), (ii), and (iii), by insert-
ing ‘‘basic’’ before ‘‘average indexed monthly 
earnings’’ each place it appears; 
(B) in clause (ii), by striking ‘‘and’’ at the 
end; and 
(C) by inserting after clause (iii) the fol-
lowing new clauses: 
‘‘(iv) 3 percent of the individual’s surplus aver-
age indexed monthly earnings to the extent such 
surplus average indexed monthly earnings do not ex-
ceed the excess of the amount established for pur-
poses of this clause by subparagraph (B) over 1⁄12 
of the contribution and benefit base for the last of 
such individual’s computation base years, and 
‘‘(v) 0.25 percent of the sum of the individual’s 
surplus average indexed monthly earnings plus 1⁄12 
of the contribution and benefit base for the last of 
such individual’s computation base years, to the ex-
VerDate Sep 11 2014 
16:15 Aug 01, 2022
Jkt 029200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H8467.IH
H8467
pamtmann on DSKBC07HB2PROD with BILLS
tent such sum exceeds the amount established for 
purposes of clause (iv) by subparagraph (B).’’. 
(2) BEND POINT FOR SURPLUS EARNINGS.— 
Section 215(a)(1)(B) of such Act (42 U.S.C. 
415(a)(1)(B)) is amended— 
(A) in clause (ii), by striking ‘‘the amounts 
so established’’ and inserting ‘‘the amounts es-
tablished for purposes of clauses (i) and (ii) of 
subparagraph (A)’’; 
(B) by redesignating clause (iii) as clause 
(v); 
(C) in clause (v) (as redesignated), by in-
serting ‘‘or (iv)’’ after ‘‘clause (ii)’’; and 
(D) by inserting after clause (ii) the fol-
lowing new clauses: 
‘‘(iii) For individuals who initially become eligible for 
old-age or disability insurance benefits, or who die (before 
becoming eligible for such benefits), in the calendar year 
2023, the amount established for purposes of clause (iv) 
of subparagraph (A) shall be $8,933. 
‘‘(iv) For individuals who initially become eligible for 
old-age or disability insurance benefits, or who die (before 
becoming eligible for such benefits), in any calendar year 
after 2023, the amount established for purposes of clause 
(iv) of subparagraph (A) shall equal the product of the 
VerDate Sep 11 2014 
16:15 Aug 01, 2022
Jkt 029200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H8467.IH
H8467
pamtmann on DSKBC07HB2PROD with BILLS
amount established with respect to the calendar year 2023 
under clause (iii) of this subparagraph and the quotient 
obtained by dividing— 
‘‘(I)(aa) the national average wage index (as de-
fined in section 209(k)(1)) for the second calendar 
year preceding the calendar year for which the de-
termination is made, or 
‘‘(bb) if higher (and if such second calendar 
year is after 2023), the highest national average 
wage index (as so defined) for any calendar year be-
fore such second calendar year, by 
‘‘(II) the national average wage index (as so de-
fined) for 2018.’’. 
(b) BASIC AIME AND SURPLUS AIME.— 
(1) BASIC
AIME.—Section 215(b)(1) of such 
Act (42 U.S.C. 415(b)(1)) is amended— 
(A) by inserting ‘‘basic’’ before ‘‘average’’; 
and 
(B) in subparagraph (A), by striking 
‘‘paragraph (3)’’ and inserting ‘‘paragraph 
(3)(A)’’ and by inserting before the comma the 
following: ‘‘to the extent such total does not ex-
ceed the contribution and benefit base for the 
applicable year’’. 
(2) SURPLUS AIME.— 
VerDate Sep 11 2014 
16:15 Aug 01, 2022
Jkt 029200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H8467.IH
H8467
pamtmann on DSKBC07HB2PROD with BILLS
(A) IN
GENERAL.—Section 215(b)(1) of 
such Act (as amended by paragraph (1)) is 
amended— 
(i) by redesignating subparagraphs 
(A) and (B) as clauses (i) and (ii), respec-
tively; 
(ii) by inserting ‘‘(A)’’ after ‘‘(b)(1)’’; 
and 
(iii) by adding at the end the fol-
lowing new subparagraph: 
‘‘(B)(i) An individual’s surplus average indexed 
monthly earnings shall be equal to the quotient obtained 
by dividing— 
‘‘(I) the total (after adjustment under para-
graph (3)(B)) of such individual’s surplus earnings 
(determined under clause (ii)) for such individual’s 
benefit computation years (determined under para-
graph (2)), by 
‘‘(II) the number of months in those years. 
‘‘(ii) For purposes of clause (i) and paragraph (3)(B), 
an individual’s surplus earnings for a benefit computation 
year are the total of such individual’s wages paid in and 
self-employment income credited to such benefit computa-
tion year, to the extent such total (before adjustment 
VerDate Sep 11 2014 
16:15 Aug 01, 2022
Jkt 029200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H8467.IH
H8467
pamtmann on DSKBC07HB2PROD with BILLS
under paragraph (3)(B)) exceeds the contribution and 
benefit base for such year.’’. 
(B) 
CONFORMING
AMENDMENT.—The 
heading for section 215(b) of such Act is 
amended by striking ‘‘Average Indexed Monthly 
Earnings’’ and inserting ‘‘Basic Average In-
dexed Monthly Earnings; Surplus Average In-
dexed Monthly Earnings’’. 
(3) ADJUSTMENT OF SURPLUS EARNINGS FOR 
PURPOSES OF DETERMINING SURPLUS AIME.—Sec-
tion 215(b)(3) of such Act (42 U.S.C. 415(b)(3)) is 
amended— 
(A) in subparagraph (A), by striking ‘‘sub-
paragraph (B)’’ and inserting ‘‘subparagraph 
(C)’’ and by inserting ‘‘and determination of 
basic average indexed monthly income’’ after 
‘‘paragraph (2)’’; 
(B) by redesignating subparagraph (B) as 
subparagraph (C); and 
(C) by inserting after subparagraph (A) 
the following new subparagraph: 
‘‘(B) For purposes of determining under paragraph 
(1)(B) an individual’s surplus average indexed monthly 
earnings, the individual’s surplus earnings (described in 
VerDate Sep 11 2014 
16:15 Aug 01, 2022
Jkt 029200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H8467.IH
H8467
pamtmann on DSKBC07HB2PROD with BILLS
paragraph (2)(B)(ii)) for a benefit computation year shall 
be deemed to be equal to the product of— 
‘‘(i) the individual’s surplus earnings for such 
year (as determined without regard to this subpara-
graph), and 
‘‘(ii) the quotient described in subparagraph 
(A)(ii).’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to individuals who ini-
tially become eligible (within the meaning of section 
215(a)(3)(B) of the Social Security Act) for old-age or dis-
ability insurance benefits under title II of the Social Secu-
rity Act, or who die (before becoming eligible for such ben-
efits), in any calendar year after 2022. 
SEC. 203. PREVENTING AN UNINTENDED DROP IN BENE-
FITS RELATING TO THE APPLICATION OF 
THE NATIONAL AVERAGE WAGE INDEX. 
(a) MODIFICATIONS RELATED TO COMPUTATION OF 
PRIMARY INSURANCE AMOUNT.—Section 215 of the So-
cial Security Act (42 U.S.C. 415) is amended— 
(1) in subsection (a)(1)(B)(ii)(I)— 
(A) in subclause (I)— 
(i) by striking ‘‘the national’’ and in-
serting ‘‘(aa) the national’’; and 
VerDate Sep 11 2014 
16:15 Aug 01, 2022
Jkt 029200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H8467.IH
H8467
pamtmann on DSKBC07HB2PROD with BILLS
(ii) by striking ‘‘, by’’ at the end and 
inserting ‘‘; or’’; and 
(B) by adding at the end of subclause (I) 
the following: 
‘‘(bb) if higher (and if such second 
calendar year is after 2022), the highest 
national average wage index (as so de-
fined) for any calendar year before such 
second calendar year, by’’; and 
(2) in subsection (b)(3)(A)(ii)— 
(A) in subclause (I)— 
(i) by striking ‘‘the national’’ and in-
serting ‘‘(aa) the national’’; and 
(ii) by striking ‘‘, by’’ at the end and 
inserting ‘‘; or’’; and 
(B) by adding at the end of subclause (I) 
the following: 
‘‘(bb) if higher (and if such second 
calendar year is after 2022), the highest 
national average wage index (as so de-
fined) for any calendar year before such 
second calendar year, by’’. 
(b) MODIFICATION RELATED
TO REDUCTION
OF 
BENEFITS
BASED
ON
DISABILITY.—Section 
224(f)(2)(B)(i) of such Act (42 U.S.C. 424(f)(2)(B)(i)) is 
VerDate Sep 11 2014 
16:15 Aug 01, 2022
Jkt 029200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H8467.IH
H8467
pamtmann on DSKBC07HB2PROD with BILLS
amended by inserting ‘‘(or if higher (and if such calendar 
year is after 2022), the highest national average wage 
index (as so defined) for any calendar year before such 
calendar year)’’ after ‘‘made’’. 
TITLE 
III—BENEFIT 
ADJUST-
MENT OF SOCIAL SECURITY 
INCOME COMPENSATION 
SECTION 301. CONTINUATION OF BENEFITS THROUGH 
MONTH OF BENEFICIARY’S DEATH. 
(a) IN GENERAL.— 
(1) 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). 
(2) WIFE’S INSURANCE BENEFITS.— 
(A) IN
GENERAL.—Section 202(b)(1) of 
such Act (42 U.S.C. 402(b)(1)) is amended— 
(i) by striking ‘‘and ending with the 
month’’ in the matter immediately fol-
lowing clause (ii) and inserting ‘‘and end-
ing with the month in which she dies or (if 
earlier) with the month’’; 
(ii) by striking subparagraph (E); and 
VerDate Sep 11 2014 
16:15 Aug 01, 2022
Jkt 029200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H8467.IH
H8467
pamtmann on DSKBC07HB2PROD with BILLS
(iii) by redesignating subparagraphs 
(F) through (K) as subparagraphs (E) 
through (J), respectively. 
(B) CONFORMING
AMENDMENT.—Section 
202(b)(4)(B) 
of 
such 
Act 
(42 
U.S.C. 
402(b)(4)(B)) is amended by striking ‘‘(E), 
(F), (H), or (J)’’ and inserting ‘‘(E), (G), or 
(I)’’. 
(3) HUSBAND’S INSURANCE BENEFITS.— 
(A) IN
GENERAL.—Section 202(c)(1) of 
such Act (42 U.S.C. 402(c)(1)) is amended— 
(i) by striking ‘‘and ending with the 
month’’ in the matter immediately fol-
lowing clause (ii) and inserting ‘‘and end-
ing with the month in which he dies or (if 
earlier) with the month’’; 
(ii) by striking subparagraph (E); and 
(iii) by redesignating subparagraphs 
(F) through (K) as subparagraphs (E) 
through (J), respectively. 
(B) CONFORMING
AMENDMENT.—Section 
202(c)(4)(B) 
of 
such 
Act 
(42 
U.S.C. 
402(c)(4)(B)) is amended by striking ‘‘(E), (F), 
(H), or (J)’’ and inserting ‘‘(E), (G), or (I)’’. 
VerDate Sep 11 2014 
16:15 Aug 01, 2022
Jkt 029200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H8467.IH
H8467
pamtmann on DSKBC07HB2PROD with BILLS
(4) CHILD’S
INSURANCE
BENEFITS.—Section 
202(d)(1) of such Act (42 U.S.C. 402(d)(1)) is 
amended— 
(A) 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 
(B) by striking ‘‘dies, or’’ in subparagraph 
(D). 
(5) WIDOW’S
INSURANCE
BENEFITS.—Section 
202(e)(1) of such Act (42 U.S.C. 402(e)(1)) is 
amended by striking ‘‘ending with the month pre-
ceding the first month in which any of the following 
occurs: she remarries, dies, becomes entitled’’ in the 
matter following subparagraph (F) and inserting 
‘‘ending with the month in which she dies or (if ear-
lier) the month preceding the earliest of the first 
month in which she remarries, the month in which 
she becomes entitled’’. 
(6) WIDOWER’S
INSURANCE
BENEFITS.—Sec-
tion 202(f)(1) of such Act (42 U.S.C. 402(f)(1)) is 
amended by striking ‘‘ending with the month pre-
ceding the first month in which any of the following 
occurs: he remarries, dies, or becomes entitled’’ in 
VerDate Sep 11 2014 
16:15 Aug 01, 2022
Jkt 029200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H8467.IH
H8467
pamtmann on DSKBC07HB2PROD with BILLS
amended by striking ‘‘ending with the month pre-
ceding whichever of the following months is the ear-
liest: the month in which he dies,’’ in the matter fol-
lowing subparagraph (D) and inserting the fol-
lowing: ‘‘ending with the month in which he dies or 
(if earlier) with the month preceding the earlier of’’ 
and by striking the comma after ‘‘216(l))’’. 
(10) BENEFITS AT AGE 72 FOR CERTAIN UNIN-
SURED INDIVIDUALS.—Section 228(a) of such Act 
(42 U.S.C. 428(a)) is amended by striking ‘‘the 
month preceding’’ in the matter following paragraph 
(4). 
(b) COMPUTATION AND PAYMENT OF LAST MONTH-
LY PAYMENT.— 
(1) OLD-AGE AND SURVIVORS INSURANCE BEN-
EFITS.—Section 202 of the Social Security Act (42 
U.S.C. 402) is amended by adding at the end the 
following new subsection: 
‘‘(aa) PRORATED PAYMENT DUE TO DEATH.— 
‘‘(1) PRORATED PAYMENT FOR LAST MONTH OF 
ENTITLEMENT.—In the case of any monthly insur-
ance benefit paid to an individual under this section 
for the last month of entitlement to such benefit (in 
any case in which eligibility for such benefit ends be-
cause of such individual’s death in such month), the 
VerDate Sep 11 2014 
16:15 Aug 01, 2022
Jkt 029200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H8467.IH
H8467
pamtmann on DSKBC07HB2PROD with BILLS
amount of such benefit under this section paid for 
such month shall be an amount equal to— 
‘‘(A) the amount of such benefit (as deter-
mined without regard to this subsection), multi-
plied by 
‘‘(B) a fraction— 
‘‘(i) the numerator of which is the 
number of days in such month preceding 
(but not including) the date of such indi-
vidual’s death, and 
‘‘(ii) the denominator of which is the 
number of days in such month, 
rounded, if not a multiple of $1, to the next 
lower multiple of $1. This subsection shall 
apply with respect to such benefit after all 
other adjustments with respect to such benefit 
provided by this title have been made. Payment 
of such benefit for such month shall be made as 
provided in section 204(d). 
‘‘(2) PRORATED PAYMENT FOR FIRST MONTH 
OF ENTITLEMENT.—In the case of any monthly in-
surance benefit paid to an individual under this sec-
tion for the first month of entitlement to such ben-
efit (in any case in which eligibility for such benefit 
begins because of the death in such month of an-
VerDate Sep 11 2014 
16:15 Aug 01, 2022
Jkt 029200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H8467.IH
H8467
pamtmann on DSKBC07HB2PROD with BILLS
other individual on whose wages and self-employ-
ment income such benefit are based), the amount of 
such benefit paid for such month shall be an amount 
equal to— 
‘‘(A) the amount of such benefit (as deter-
mined without regard to this subsection), multi-
plied by 
‘‘(B) a fraction— 
‘‘(i) the numerator of which is the 
number of days in such month following 
and including the date of the death of the 
individual on whose wages and self-employ-
ment income such benefit is based, and 
‘‘(ii) the denominator of which is the 
number of days in such month, 
rounded, if not a multiple of $1, to the next 
lower multiple of $1. This subsection shall 
apply with respect to such benefit after all 
other adjustments with respect to such benefit 
provided by this title have been made. Payment 
of such benefit for such month shall be made as 
provided in section 204(d). 
‘‘(3) PAYABLE TO ESTATE.—Any monthly in-
surance benefit under this section for the month in 
which the individual entitled to such benefit dies 
VerDate Sep 11 2014 
16:15 Aug 01, 2022
Jkt 029200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H8467.IH
H8467
pamtmann on DSKBC07HB2PROD with BILLS
shall be paid to the estate of the individual unless 
the individual has named another individual as the 
payee for such payment.’’. 
(2) DISABILITY
INSURANCE
BENEFITS.—Sec-
tion 223 of such Act (42 U.S.C. 423) is amended by 
adding at the end the following new subsection: 
‘‘(k) LAST PAYMENT OF BENEFIT TERMINATED BY 
DEATH.—(1) The amount of any individual’s monthly 
benefit under this section paid for the month in which the 
individual dies shall be an amount equal to— 
‘‘(A) the amount of such benefit (as determined 
without regard to this subsection), multiplied by 
‘‘(B) a fraction— 
‘‘(i) the numerator of which is the number 
of days in such month preceding (but not in-
cluding) the date of such individual’s death, and 
‘‘(ii) the denominator of which is the num-
ber of days in such month, 
rounded, if not a multiple of $1, to the next lower multiple 
of $1. This subsection shall apply with respect to such 
benefit after all other adjustments with respect to such 
benefit provided by this title have been made. Payment 
of such benefit for such month shall be made as provided 
in section 204(d). 
VerDate Sep 11 2014 
16:15 Aug 01, 2022
Jkt 029200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H8467.IH
H8467
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(2) Any monthly insurance benefit under this sec-
tion for the month in which the individual entitled to such 
benefit dies shall be paid to the estate of the individual 
unless the individual has named another individual as the 
payee for such payment.’’. 
(3) BENEFITS AT AGE 72 FOR CERTAIN UNIN-
SURED INDIVIDUALS.—Section 228 of such Act (42 
U.S.C. 428) is amended by adding at the end the 
following new subsection: 
‘‘(i) LAST PAYMENT OF BENEFIT TERMINATED BY 
DEATH.—(1) The amount of any individual’s monthly 
benefit under this section paid for the month in which the 
individual dies shall be an amount equal to— 
‘‘(A) the amount of such benefit (as determined 
without regard to this subsection), multiplied by 
‘‘(B) a fraction— 
‘‘(i) the numerator of which is the number 
of days in such month preceding (but not in-
cluding) the date of such individual’s death, and 
‘‘(ii) the denominator of which is the num-
ber of days in such month, 
rounded, if not a multiple of $1, to the next lower multiple 
of $1. This subsection shall apply with respect to such 
benefit after all other adjustments with respect to such 
benefit provided by this title have been made. Payment 
VerDate Sep 11 2014 
16:15 Aug 01, 2022
Jkt 029200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H8467.IH
H8467
pamtmann on DSKBC07HB2PROD with BILLS
of such benefit for such month shall be made as provided 
in section 204(d). 
‘‘(2) Any monthly insurance benefit under this sec-
tion for the month in which the individual entitled to such 
benefit dies shall be paid to the estate of the individual 
unless the individual has named another individual as the 
payee for such payment.’’. 
(c) DISREGARD OF BENEFIT FOR MONTH OF DEATH 
UNDER FAMILY MAXIMUM PROVISIONS.—Section 203(a) 
of the Social Security Act (42 U.S.C. 403(a)) is amended 
by adding at the end the following new paragraph: 
‘‘(11) Notwithstanding any other provision of 
this Act, in applying the preceding provisions of this 
subsection (and determining maximum family bene-
fits under column V of the table in or deemed to be 
in section 215(a) as in effect in December 1978) 
with respect to the month in which the insured indi-
vidual’s death occurs, the benefit payable to such in-
dividual for that month shall be disregarded.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to deaths occurring 
in the first month beginning more than 60 days after the 
date of enactment of this Act. 
Æ 
VerDate Sep 11 2014 
16:15 Aug 01, 2022
Jkt 029200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6301
E:\BILLS\H8467.IH
H8467
pamtmann on DSKBC07HB2PROD with BILLS