I
103D CONGRESS
1ST SESSION
H. R. 1541
To amend title II of the Social Security Act to provide that an individual’s
entitlement to any benefit thereunder shall continue through the month
of his or her death (without affecting any other person’s entitlement
to benefits for that month) and that such individual’s benefit shall
be payable for such month only to the extent proportionate to the
number of days in such month preceding the date of such individual’s
death.
IN THE HOUSE OF REPRESENTATIVES
MARCH 30, 1993
Mr. SOLOMON 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 individual’s entitlement to any benefit thereunder
shall continue through the month of his or her death
(without affecting any other person’s entitlement to bene-
fits for that month) and that such individual’s benefit
shall be payable for such month only to the extent pro-
portionate to the number of days in such month preced-
ing the date of such individual’s death.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 
1. 
CONTINUATION 
OF 
BENEFITS 
THROUGH
MONTH OF BENEFICIARY’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).
(2) 
CONFORMING
AMENDMENTS.—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
AMENDMENTS.—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)’’, respectively.
(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
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
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 such parent marries, or such parent’’.
(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 the month preceding the earlier
of’’ and by striking the comma after ‘‘216(l))’’.
(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).
SEC. 2. COMPUTATION AND PAYMENT OF LAST MONTHLY
PAYMENT.
(a) OLD-AGE AND SURVIVORS INSURANCE BENE-
FITS.—Section 202 of the Social Security Act (42 U.S.C.
402) is amended by adding at the end the following new
subsection:
‘‘Last Payment of Monthly Insurance Benefit
Terminated by Death
‘‘(y) The amount of any individual’s monthly insur-
ance benefit under this section paid for the month in
which the individual dies shall be an amount equal to—
‘‘(1) the amount of such benefit (as determined
without regard to this subsection), multiplied by
‘‘(2) a fraction—
‘‘(A) the numerator of which is the number
of days in such month preceding the date of
such individual’s death, and
‘‘(B) 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).’’.
(b) DISABILITY INSURANCE BENEFITS.—Section 223
of such Act (42 U.S.C. 423) is amended by adding at the
end the following new subsection:
‘‘Last Payment of Benefit Terminated by Death
‘‘(j) The amount of any individual’s monthly benefit
under this section paid for the month in which the individ-
ual dies shall be an amount equal to—
‘‘(1) the amount of such benefit (as determined
without regard to this subsection), multiplied by
‘‘(2) a fraction—
‘‘(A) the numerator of which is the number
of days in such month preceding the date of
such individual’s death, and
‘‘(B) 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).’’.
(c) BENEFITS AT AGE 72 FOR CERTAIN UNINSURED
INDIVIDUALS.—Section 228 of such Act (42 U.S.C. 428)
is amended by adding at the end the following new sub-
section:
‘‘Last Payment of Benefit Terminated by Death
‘‘(i) The amount of any individual’s monthly benefit
under this section paid for the month in which the individ-
ual dies shall be an amount equal to—
‘‘(1) the amount of such benefit (as determined
without regard to this subsection), multiplied by
‘‘(2) a fraction—
‘‘(A) the numerator of which is the number
of days in such month preceding the date of
such individual’s death, and
‘‘(B) 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).’’.
SEC. 3. 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:
‘‘(10) Notwithstanding any other provision of this
Act, in applying the preceding provisions of this subsection
(and determining maximum family benefits 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 individual’s death occurs, the benefit
payable to such individual for that month shall be dis-
regarded.’’.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply with
respect to deaths occurring after the month in which this
Act is enacted.