[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4224 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4224

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 3, 2005

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

    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 ``Proportionate Final Benefit Act of 
2005''.

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''.
    (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).

SEC. 3. 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

    ``(z) 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

    ``(k) 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 (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,
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 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 (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.
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. 4. 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. 5. 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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