I 
109TH CONGRESS 
1ST SESSION 
H. R. 78 
To amend title II of the Social Security Act to provide for payment of 
lump-sum death payments upon the death of a spouse. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 4, 2005 
Mr. DUNCAN 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 
for payment of lump-sum death payments upon the death 
of a spouse. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. PAYMENT OF LUMP-SUM DEATH PAYMENTS. 
(a) IN GENERAL.—Section 202(i) of the Social Secu-
rity Act (42 U.S.C. 402(i)) is amended by striking ‘‘(i) 
Upon the death’’ and all that follows through ‘‘individual’s 
death.’’ in paragraph (2) and inserting the following: 
‘‘(i)(1) Upon the death of an individual who died as 
a fully or currently insured individual or as the spouse
of a fully or currently insured individual, an amount equal 
to the lesser of— 
‘‘(A) three times the applicable primary insur-
ance amount determined under paragraph (3), or 
‘‘(B) $255, 
shall be payable under this subsection. 
‘‘(2) Payments under this subsection in connection 
with a deceased individual shall be paid— 
‘‘(A) to the surviving spouse of the individual, 
or 
‘‘(B) if no person qualifies for payment under 
subparagraph (A), or if such person dies before re-
ceiving payment, in equal shares to each person who 
is entitled (or would have been so entitled had a 
timely application been filed), either on the basis of 
the wages and self-employment income of any such 
person who dies before receiving payment or on the 
basis of the wages and self-employment income of 
the deceased individual referred to in paragraph (1), 
to benefits under subsection (d) of this section for 
the month in which the relevant death occurred. 
‘‘(3) For purposes of paragraph (1)(A), the applica-
ble primary insurance amount determined under this para-
graph is the larger of—
‘‘(A) the deceased individual’s primary insur-
ance amount (if any), determined without regard to 
the amendments made by section 2201 of the Omni-
bus Budget Reconciliation Act of 1981, relating to 
repeal of the minimum benefit provisions, or 
‘‘(B) the primary insurance amount (if any) 
which would be so determined with respect to the 
surviving spouse of the deceased individual if such 
spouse had died on the date of the death of the de-
ceased individual.’’. 
(b) CONFORMING AMENDMENTS.—Section 202(i) of 
such Act is amended— 
(1) by striking ‘‘No payment’’ and inserting the 
following: 
‘‘(4) No payment’’; 
(2) by striking ‘‘such insured individual’’ each 
place it appears and inserting ‘‘the deceased indi-
vidual referred to in paragraph (1)’’; 
(3) by striking ‘‘In the case of any individual 
who died outside the forty-eight’’ and inserting the 
following: 
‘‘(5) In the case of any individual who died outside 
the forty-eight’’; 
(4) by striking ‘‘the provisions of the preceding 
sentence’’ and inserting ‘‘paragraph (4)’’;
(5) by striking ‘‘the second sentence of’’ each 
place it appears; 
(6) by striking ‘‘In the case of any individual 
who died outside the fifty’’ and inserting the fol-
lowing: 
‘‘(6) In the case of any individual who died outside 
the fifty’’; and 
(7) by striking ‘‘the provisions of the third sen-
tence of this subsection’’ and inserting ‘‘paragraph 
(4)’’. 
SEC. 2. EFFECTIVE DATE. 
The amendments made by section 1 shall apply with 
respect to deaths occurring after 180 days after the date 
of the enactment of this Act. 
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