[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 274 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 274

    To amend title II of the Social Security Act to provide that an 
applicant for old-age, wife's, husband's, or child's insurance benefits 
  who under present law does not qualify for a benefit for the first 
 month in which he or she meets the applicable entitlement conditions 
        shall be entitled to a prorated benefit for that month.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 5, 1993

 Mr. McCollum 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 
applicant for old-age, wife's, husband's, or child's insurance benefits 
  who under present law does not qualify for a benefit for the first 
 month in which he or she meets the applicable entitlement conditions 
        shall be entitled to a prorated benefit for that month.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. IMMEDIATE ENTITLEMENT TO BENEFITS IN PRORATED AMOUNT FOR 
              FIRST MONTH IN WHICH REQUIREMENTS ARE MET.

    (a) Old-Age Insurance Benefits.--
            (1) Immediate entitlement.--The first sentence of section 
        202(a) of the Social Security Act (42 U.S.C. 402(a)) is amended 
        by striking ``beginning with--'' and all that follows and 
        inserting the following: ``beginning with the first month in 
        which such individual meets the criteria specified in 
        paragraphs (1), (2), and (3) and ending with the month 
        preceding the month in which he or she dies.''.
            (2) Proration for first month.--The second sentence of 
        section 202(a) of such Act (42 U.S.C. 402(a)) is amended by 
        inserting before the period at the end the following: ``; 
        except that, in the case of an individual who has attained age 
        62 but has not attained retirement age (as defined in section 
        216(1)), the benefit for the first month in which he or she 
        meets the criteria specified in paragraphs (1), (2), and (3) of 
        this subsection shall be equal to an amount which bears the 
        same ratio to the benefit which would be determined for such 
        individual under the preceding provisions of this sentence as 
        the number of days in such month on which he or she meets such 
        criteria bears to 30''.
    (b) Wife's Insurance Benefits.--
            (1) Immediate entitlement.--Section 202(b)(1) of such Act 
        (42 U.S.C. 402(b)(1)) is amended by striking ``beginning with--
        '' and all that follows through ``ending with'' (in the matter 
        between subparagraphs (D) and (E)) and inserting the following: 
        ``beginning with the first month in which she meets the 
        criteria specified in subparagraphs (A), (B), (C), and (D) and 
        ending with''.
            (2) Proration for first month.--Section 202(b)(2) of such 
        Act (42 U.S.C. 402(b)(2)) is amended by inserting before the 
        period at the end the following: ``; except that, in the case 
        of a wife or divorced wife who has not attained retirement age 
        (as defined in section 216(1)) or whose husband (or, in the 
        case of a divorced wife, whose former husband) is entitled to 
        disability insurance benefits, the benefit for the first month 
        in which she meets the criteria specified in subparagraphs (A), 
        (B), (C) and (D) of paragraph (1) shall be equal to an amount 
        which bears the same ratio to the benefit which would be 
        determined for her under the preceding provisions of this 
        paragraph as the number of days in such month on which she 
        meets such criteria bears to 30''.
    (c) Husband's Insurance Benefits.--
            (1) Immediate entitlement.--Section 202(c)(1) of such Act 
        (42 U.S.C. 402(c)(1)) is amended by striking ``beginning with--
        '' and all that follows through ``ending with'' (in the matter 
        between subparagraphs (D) and (E)) and inserting the following: 
        ``beginning with the first month in which he meets the criteria 
        specified in subparagraphs (A), (B), (C), and (D) and ending 
        with''.
            (2) Proration for first month.--Section 202(c)(3) of such 
        Act (42 U.S.C. 402(c)(3)) is amended by inserting before the 
        period at the end the following: ``; except that, in the case 
        of a husband or divorced husband who has not attained 
        retirement age (as defined in section 216(1)) or whose wife 
        (or, in the case of a divorced husband, whose former wife) is 
        entitled to disability insurance benefits, the benefit for the 
        first month in which he meets the criteria specified in 
        subparagraphs (A), (B), (C) and (D) of paragraph (1) shall be 
        equal to an amount which bears the same ratio to the benefit 
        which would be determined for him under the preceding 
        provisions of this paragraph as the number of days in such 
        month on which he meets such criteria bears to 30''.
    (d) Child's Insurance Benefits.--
            (1) Immediate entitlement.--The first sentence of section 
        202(d)(1) of such Act (42 U.S.C. 402(d)(1)) is amended by 
        striking ``beginning with--'' and all that follows through 
        ``ending with'' (in the matter between subparagraphs (D) and 
        (E)) and inserting the following: ``beginning with the first 
        month in which such meets the criteria specified in 
        subparagraphs (A), (B), and (C) and ending with''.
            (2) Proration for first month.--The first sentence of 
        section 202(d)(2) of such Act (42 U.S.C. 402(d)(2)) is amended 
        by inserting before the period at the end the following: ``; 
        except that the benefit for the first month in which the child 
        meets the criteria specified in subparagraphs (A), (B), and (C) 
        of paragraph (1) shall be equal to an amount which bears the 
        same ratio to the benefit which would be determined for the 
        child under the preceding provisions of this sentence as the 
        number of days in such month on which the child meets such 
        criteria bears to 30''.

SEC. 2. EFFECTIVE DATE.

    The amendments made by this Act shall apply only with respect to 
individuals whose first month of entitlement to benefits under 
subsection (a), (b), (c), or (d) of section 202 of the Social Security 
Act (determined without regard to section 202(j)(1) of such Act) is a 
month after the month in which this Act is enacted.

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