I 
109TH CONGRESS 
1ST SESSION H. R. 3459
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. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 27, 2005
Mr. ANDREWS 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. PAYMENT OF BENEFITS FOR MONTH OF RE-
CIPIENT’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 such 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 such 
Act (42 U.S.C. 402(c)(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 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 such 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 such Act (42 U.S.C. 402(d)(1)) is amend-
ed—
(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 such 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 in-
serting ‘‘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, or’’. 
(f) WIDOWER’S
INSURANCE
BENEFITS.—Section 
202(f)(1) of such 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 in-
serting ‘‘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 such Act (42 U.S.C. 
402(g)(1)) is amended—
(1) by inserting ‘‘with the month in which he or 
she dies or (if earlier)’’ after ‘‘and ending’’ in the 
matter following subparagraph (F); 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 such 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 par-
ent 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 such 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 subparagraph (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 such 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 such Act (42 U.S.C. 403) is amended by 
adding at the end the following new subsection: 
‘‘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 any benefit of an individual under section 202, 
223, or 228 for the month in which such individual dies.’’. 
SEC. 2. EFFECTIVE DATE. 
The amendments made by this Act shall apply with 
respect to deaths occurring after 180 days after the date 
of the enactment of this Act.
Æ