[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1091 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 1091

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 for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 19, 2001

 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, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Social Security Benefits Protection 
Act of 2001''.

SEC. 2. ENTITLEMENT TO BENEFITS FOR MONTH OF BENEFICIARY'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 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 Social 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,''.
    (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 Benefits.--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 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 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 section, the 
application of this section shall be made without regard to monthly 
benefits received under section 202, 223, or 228 for the month in which 
the individual entitled to those benefits dies.''.

SEC. 3. EFFECTIVE DATE.

    The amendments made by this Act shall apply with respect to deaths 
occurring after the month in which this Act is enacted.
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