I 
115TH CONGRESS 
2D SESSION 
H. R. 5302 
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 15, 2018 
Mr. DEFAZIO (for himself, Mr. BRADY of Pennsylvania, Mr. COHEN, Mr. 
MCNERNEY, Ms. NORTON, Mr. GRIJALVA, Mr. TONKO, Mr. GENE 
GREEN of Texas, and Mr. NADLER) 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 pre-
ceding 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, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Benefit Adjustment 
of Social Security Income Compensation Act’’ or the 
‘‘BASIC Act’’. 
SEC. 2. 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), 
respectively. 
(2) 
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)’’. 
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(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)(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)’’. 
(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). 
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(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, becomes entitled’’ in the matter following subpara-
graph (F) and inserting ‘‘ending with the month in which 
she dies or (if earlier) the month preceding the earliest 
of the first month in which she remarries, the month in 
which she becomes entitled’’. 
(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, or becomes entitled’’ in the matter following subpara-
graph (F) and inserting ‘‘ending with the month in which 
he dies or (if earlier) the month preceding the earliest of 
the first month in which he remarries, the month in which 
he becomes entitled’’. 
(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 ‘‘the month in which he or she 
dies or (if earlier)’’ after ‘‘and ending with’’ in the 
matter following subparagraph (F); and 
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(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) the month preceding the first month 
in which 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 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). 
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SEC. 3. 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: 
‘‘(aa) LAST PAYMENT
OF MONTHLY INSURANCE 
BENEFIT TERMINATED BY DEATH.—(1) The amount of 
any individual’s monthly insurance benefit under this sec-
tion 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 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). 
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‘‘(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.’’. 
(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: 
‘‘(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 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 
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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) 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: 
‘‘(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 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 
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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) 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.’’. 
SEC. 4. MODIFICATION OF COMPUTATION OF LUMP-SUM 
DEATH PAYMENTS. 
The first sentence of section 202(i) of such Act (42 
U.S.C. 402(i)) is amended by striking ‘‘three times’’ and 
all that follows through ‘‘smaller’’ and inserting ‘‘50 per-
cent of such individual’s primary insurance amount, or an 
amount equal to $255, whichever is greater’’. 
SEC. 5. 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 
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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.’’. 
SEC. 6. EFFECTIVE DATE. 
The amendments made by this Act shall apply with 
respect to deaths occurring in the first month beginning 
more than 90 days after the date of enactment of this 
Act. 
Æ 
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