I
106TH CONGRESS
2D SESSION
H. R. 3890
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 if the recipient dies after the first 15 days of such month,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 9, 2000
Mrs. MINK of Hawaii 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 if the
recipient dies after 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 Protection Act of 2000’’.
SEC. 2. ENTITLEMENT TO BENEFITS FOR MONTH OF BENE-
FICIARY’S DEATH.
(a) 
OLD-AGE
INSURANCE
BENEFITS.—Section
202(a)(3) of the Social Security Act (42 U.S.C. 402(a)(3))
is amended by striking ‘‘the month preceding’’ in the mat-
ter 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 the Social Security 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 the So-
cial 
Security 
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 the Social Security 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 the Social Security Act (42 U.S.C.
402(d)(1)) is amended—
(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 the Social Security 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 inserting ‘‘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 the Social Security 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 inserting ‘‘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 the Social Security Act (42
U.S.C. 402(g)(1)) is amended, in the matter following
subparagraph (F)—
(1) by inserting ‘‘with the month in which he or
she dies or (if earlier)’’ after ‘‘and ending’’; 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 the Social Security 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 parent 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 the Social Security 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 subpara-
graph (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 the Social Security 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 the Social Security Act (42 U.S.C. 403)
is amended by adding at the end the following:
‘‘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 monthly benefits received under section 202,
223, or 228 for the month referred to in section 202(z),
223(j), or 228(i), respectively.’’.
SEC. 3. LIMITATION ON PAYMENT OF LAST MONTHLY PAY-
MENT.
(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:
‘‘Last Payment of Monthly Insurance Benefit
Terminated by Death
‘‘(z)(1) Notwithstanding the preceding provisions of
this section, an individual’s monthly insurance benefit
under this section otherwise payable for the month in
which the individual dies shall be payable only if such indi-
vidual’s date of death occurs after the first 15 days of
such month.
‘‘(2) Any benefit payment under this section for the
month referred to in paragraph (1) shall be made in ac-
cordance with section 204(d).’’.
(b) DISABILITY INSURANCE BENEFITS.—Section 223
of the Social Security Act (42 U.S.C. 423) is amended
by adding at the end the following:
‘‘Last Payment of Benefit Terminated by Death
‘‘(j)(1) Notwithstanding the preceding provisions of
this section, an individual’s monthly insurance benefit
under this section otherwise payable for the month in
which the individual dies shall be payable only if such indi-
vidual’s date of death occurs after the first 15 days of
such month.