[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 362 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 362

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, subject to a reduction of 50 percent if the recipient 
  dies during the first 15 days of such month, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 11, 2003

 Ms. Mikulski (for herself, Ms. Snowe, Mr. Sarbanes, Ms. Collins, Mrs. 
Murray, and Ms. Cantwell) 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, subject to a reduction of 50 percent if the recipient 
  dies during the first 15 days of such month, 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 Family Protection 
Act''.

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:

    ``Last Payment of Monthly Insurance Benefit Terminated by Death

    ``(z)(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) Any payment under this section by reason of paragraph (1) 
shall be made in accordance with section 204(d).''.
    (b) Disability Insurance Benefits.--Section 223 of the Social 
Security Act (42 U.S.C. 423) is amended by adding at the end the 
following:

             ``Last Payment of Benefit Terminated by Death

    ``(k)(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) Any payment under this section by reason of paragraph (1) 
shall be made in accordance with section 204(d).''.
    (c) Benefits at Age 72 for Certain Uninsured Individuals.--Section 
228 of the Social Security Act (42 U.S.C. 428) is amended by adding at 
the end the following:

             ``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) Any payment under this section by reason of paragraph (1) 
shall be made in accordance with section 204(d).''.

SEC. 3. CONFORMING AMENDMENTS REGARDING PAYMENT OF BENEFITS FOR MONTH 
              OF RECIPIENT'S DEATH.

    (a) Old-Age Insurance Benefits.--Section 202(a)(3) of the Social 
Security Act (42 U.S.C. 402(a)(3)) 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)(D) of such Act (42 
        U.S.C. 402(b)(1)(D)) is amended--
                    (A) by striking ``and ending with the month'' in 
                the matter immediately following clause (ii)(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)(D) of the Social 
        Security Act (42 U.S.C. 402(c)(1)(D)) is amended--
                    (A) by striking ``and ending with the month'' in 
                the matter immediately following clause (ii)(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) in subparagraph (D), by striking ``dies, or''.
    (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, or''.
    (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--
            (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 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 any amount 
received by reason of section 202(z), 223(j), or 228(i).''.

SEC. 4. EFFECTIVE DATE.

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