I
104TH CONGRESS
2D SESSION
H. R. 3835
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
JULY 17, 1996
Mr. HOLDEN 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 1996’’.
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)(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).’’.
(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)(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