[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 553 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 553

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 and that such benefit shall be payable for such month 
 only to the extent proportionate to the number of days in such month 
              preceding the date of the recipient's death.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 21, 1993

  Mr. Upton 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 and that such benefit shall be payable for such month 
 only to the extent proportionate to the number of days in such month 
              preceding the date of the recipient's death.

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

SECTION 1. PAYMENT OF BENEFITS FOR MONTH OF RECIPIENT'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 manner 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 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 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 
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 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 
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 Benefits.--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 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 such Act 
(43 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).

SEC. 2. COMPUTATION AND PAYMENT OF LAST MONTHLY PAYMENT.

    (a) Old-Age and Survivors Insurance Benefits.--Section 202 of the 
Social Security Act (42 U.S.C. 402) is amended by adding at the end 
thereof the following new subsection:

    ``Last Payment of Monthly Insurance Benefit Terminated by Death

    ``(y) The amount of any individual's monthly insurance benefit 
under this section paid for the month in which the individual dies 
shall be an amount equal to--
            ``(1) the amount of such benefit (as determined without 
        regard to this subsection), multiplied by
            ``(2) a fraction--
                    ``(A) the numerator of which is the number of days 
                in such month preceding the date of such individual's 
                death, and
                    ``(B) the denominator of which is the number 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).''.
    (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) 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--
            ``(1) the amount of such benefit (ad determined without 
        regard to this subsection), multiplied by
            ``(2) a fraction--
                    ``(A) the numerator of which is the number of days 
                in such month preceding the date of such individual's 
                death, and
                    ``(B) the denominator of which is the number 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).''.
    (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 thereof 
the following new subsection:

             ``Last Payment of Benefit Terminated by Death

    ``(i) 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--
            ``(1) the amount of such benefit (determined before 
        application of this subsection), multiplied by
            ``(2) a fraction--
                    ``(A) the numerator of which is the number of days 
                in such month preceding the date of such individual's 
                death, and
                    ``(B) the denominator of which is the number 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).''.

SEC. 3. EFFECTIVE DATE.

    The amendments made by this Act shall apply with respect to deaths 
occurring on or after the date of the enactment of this Act.

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