I
105TH CONGRESS
1ST SESSION
H. R. 68
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, subject to a reduction of 50 percent if the recipient
dies during the first 15 days of such month, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 7, 1997
Mr. HOLDEN (for himself, Mr. BEREUTER, Mr. BORSKI, Mr. BOUCHER, Ms.
BROWN of Florida, Mr. CONDIT, Mr. DEFAZIO, Mr. DELLUMS, Mr.
EVANS, Mr. FROST, Mr. GREEN, Ms. EDDIE BERNICE JOHNSON of
Texas, Mr. LEWIS of Georgia, Ms. MCKINNEY, Mr. STUPAK, Mr. OWENS,
and Mr. SMITH of New Jersey) 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, subject
to a reduction of 50 percent if the recipient dies during
the first 15 days of such month, 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 Fairness Act of 1997’’.
‘‘Last Payment of Benefit Terminated by Death
‘‘(j)(1) In any case in which an individual dies during
the first 15 days of a calendar month, the amount of such
individual’s monthly insurance benefit under this section
paid for such month shall be an amount equal to 50 per-
cent of the amount of such benefit (as determined without
regard to this subsection), 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 adjust-
ments with respect to such benefit provided by this title
have been made.
‘‘(2) Any payment of an individual’s benefit under
this section for the month in which such individual dies
shall be made in accordance with 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)(1) In any case in which an individual dies during
the first 15 days of a calendar month, the amount of such
individual’s monthly insurance benefit under this section
paid for such month shall be an amount equal to 50 per-
cent of the amount of such benefit (as determined without
regard to this subsection), 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 adjust-
ments with respect to such benefit provided by this title
have been made.
‘‘(2) Any payment of an individual’s benefit under
this section for the month in which such individual dies
shall be made in accordance with section 204(d).’’.
SECTION 3. CONFORMING AMENDMENTS REGARDING PAY-
MENT OF BENEFITS FOR MONTH OF RECIPI-
ENT’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. 4. 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.
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