[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2995 Introduced in House (IH)]






108th CONGRESS
  1st Session
                                H. R. 2995

    To amend title II of the Social Security Act to provide that an 
   individual's entitlement to any benefit thereunder shall continue 
  through the month of his or her death (without affecting any other 
           person's entitlement to benefits for that month).


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 3, 2003

  Mr. Peterson of Minnesota 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 
   individual's entitlement to any benefit thereunder shall continue 
  through the month of his or her death (without affecting any other 
           person's entitlement to benefits for that month).

    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 Deceased Beneficiary 
Act of 2003''.

SEC. 2. CONTINUATION OF BENEFITS THROUGH 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).
            (2) Conforming amendments.--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 amendments.--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)'', respectively.
    (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 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 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 such parent 
marries, or such parent''.
    (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 the month preceding the earlier of'' and by striking 
the comma after ``216(l))''.
    (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).
    (k) Payment of Last Monthly Payment.--
            (1) 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:

               ``Payment for Month of Beneficiary's Death

    ``(z) Payment of an individual's monthly insurance benefit under 
this section for the month in which the individual dies shall be made 
as provided in section 204(d).''.
            (2) Disability insurance benefits.--Section 223 of such Act 
        (42 U.S.C. 423) is amended by adding at the end the following 
        new subsection:

               ``Payment for Month of Beneficiary's Death

    ``(k) Payment of an individual's monthly benefit under this section 
for the month in which the individual dies shall be made as provided in 
section 204(d).''.
            (3) 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:

               ``Payment for Month of Beneficiary's Death

    ``(i) Payment of an individual's monthly benefit under this section 
for the month in which the individual dies shall be made as provided in 
section 204(d).''.

SEC. 3. DISREGARD OF BENEFIT FOR MONTH OF DEATH UNDER FAMILY MAXIMUM 
              PROVISIONS.

    Section 203(a) of the Social Security Act (42 U.S.C. 403(a)) is 
amended by adding at the end the following new paragraph:
    ``(11) Notwithstanding any other provision of this Act, in applying 
the preceding provisions of this subsection (and determining maximum 
family benefits under column V of the table in or deemed to be in 
section 215(a) as in effect in December 1978) with respect to the month 
in which the insured individual's death occurs, the benefit payable to 
such individual for that month shall be disregarded.''.

SEC. 4. 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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