[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 406 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 406

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 to the recipient's surviving spouse, subject to a 
 reduction of 50 percent in the last monthly payment if the recipient 
              dies during the first 15 days of such month.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            February 14 (legislative day, January 30), 1995

   Ms. Snowe introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 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 to the recipient's surviving spouse, subject to a 
 reduction of 50 percent in the last monthly payment if the recipient 
              dies during the first 15 days of such month.

    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 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 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 
(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 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 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 percent 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 adjustments with respect to 
such benefit provided by this title have been made.
    ``(2) Notwithstanding section 204(d), such benefit for such month 
shall be payable only to a person who is determined by the Secretary to 
be the surviving spouse of the deceased individual.''.
    (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 percent 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 adjustments with respect to 
such benefit provided by this title have been made.
    ``(2) Notwithstanding section 204(d), such benefit for such month 
shall be payable only to a person who is determined by the Secretary to 
be the surviving spouse of the deceased individual.''.
    (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 subsection:

             ``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 percent 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 adjustments with respect to 
such benefit provided by this title have been made.
    ``(2) Notwithstanding section 204(d), such benefit for such month 
shall be payable only to a person who is determined by the Secretary to 
be the surviving spouse of the deceased individual.''.

SEC. 3. EFFECTIVE DATE.

    The amendments made by this Act shall apply with respect to deaths 
occurring after 180 days after the date of the enactment of this Act.
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