[Congressional Record Volume 143, Number 153 (Wednesday, November 5, 1997)]
[Senate]
[Pages S11764-S11765]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. MIKULSKI (for herself, Ms. Snowe, Mr. Lott, Mr. Sarbanes, 
        Mr. Cochran, Mr. Glenn, Mr. D'Amato, Mr. Hollings, Mr. 
        Hutchinson, Ms. Moseley-Braun, Mr. Inouye, Mr. Ford, and Ms. 
        Collins):
  S. 1370. 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; to the Committee on Finance.


               THE SOCIAL SECURITY FAMILY PROTECTION ACT

  Ms. MIKULSKI. Mr. President, today, I rise to talk about an issue 
that is very important to me, very important to my constituents in 
Maryland and very important to the people of the United States of 
America.
  For the second Congress in a row, I am joining in a bipartisan effort 
with my friend and colleague, Senator Olympia Snowe, to end an unfair 
policy of the Social Security System.
  Senator Snowe and I are introducing the Social Security Family 
Protection Act. This bill addresses retirement security and family 
security. We want the middle class of this Nation to know that we are 
going to give help to those who practice self-help.
  What is it I am talking about? We have found that Social Security 
does not pay benefits for the last month of life. If a Social Security 
retiree dies on the 18th of the month or even on the 30th of the month, 
the surviving spouse or family members must send back the Social 
Security check for that month.
  I think that is an harsh and heartless rule. That individual worked 
for Social Security benefits, earned those benefits, and paid into the 
Social Security trust fund. The system should allow the surviving 
spouse or the estate of the family to use that Social Security check 
for the last month of life.
  This legislation has an urgency, Mr. President. When a loved one 
dies, there are expenses that the family must take care of. People have 
called my office in tears. Very often it is a son or a daughter that is 
grieving the death of a parent. They are clearing up the paperwork for 
their mom or dad, and there is the Social Security check. And they say, 
``Senator, the check says for the month of May. Mom died on May 28. Why 
do we have to send the Social Security check back? We have bills to 
pay. We have utility coverage that we need to wrap up, mom's rent, or 
her mortgage, or health expenses. Why is Social Security telling me, 
`Send the check back or we're going to come and get you'?''
  With all the problems in our country today, we ought to be going 
after drug dealers and tax dodgers, not honest people who have paid 
into Social Security, and not the surviving spouse or the family who 
have been left with the bills for the last month of their loved one's 
life. They are absolutely right when they call me and say that Social 
Security was supposed to be there for them.
  I've listened to my constituents and to the stories of their lives. 
What they say is this: ``Senator Mikulski, we don't want anything for 
free. But our family does want what our parents worked for. We do want 
what we feel we deserve and what has been paid for in the trust fund in 
our loved one's name. Please make sure that our family gets the Social 
Security check for the last month of our life.''
  That is what our bill is going to do. That is why Senator Snowe and I 
are introducing the Family Social Security Protection Act. When we talk 
about retirement security, the most important part of that is income 
security. And the safety net for most Americans is Social Security.
  We know that as Senators we have to make sure that Social Security 
remains solvent, and we are working to do that. We also don't want to 
create an undue administrative burden at the Social Security 
Administration--a burden that might affect today's retirees. But it is 
absolutely crucial that we provide a Social Security check for the last 
month of life.
  How do we propose to do that? We have a very simple, straightforward 
way of dealing with this problem. Our legislation says that if you die 
before the 15th of the month, you will get a check for half the month. 
If you die after the 15th of the month, your surviving spouse or the 
family estate would get a check for the full month.
  We think this bill is fundamentally fair. Senator Snowe and I are 
old-fashioned in our belief in family values. We believe you honor your 
father and your mother. We believe that it is not only a good religious 
and moral principle, but it is good public policy as well.
  The way to honor your father and mother is to have a strong Social 
Security System and to make sure the system is fair in every way. That 
means fair for the retiree and fair for the spouse and family. That is 
why we support making sure that the surviving spouse or family can keep 
the Social Security check for the last month of life.
  Mr. President, we urge our colleagues to join us in this effort and 
support the Social Security Family Protection Act.
  Ms. SNOWE. Mr. President, I am pleased to join my colleague and 
friend, the Senator from Maryland, Senator Mikulski, in introducing 
legislation to correct an inequity that exists in our Social Security 
system.
  Currently, when a Social Security beneficiary dies, his or her last 
monthly benefit check must be returned to the Social Security 
Administration. This provision often causes problems for the surviving 
family members because they are unable to financially subsidize the 
expenses accrued by the late beneficiary in their last month of life. 
The bill we are introducing today is based on legislation I have 
introduced during the last four Congresses. My original legislation 
prorated the Social Security benefit based on the date of death. If the 
beneficiary died before the 15th, the surviving spouse received 50 
percent of the benefit, if the beneficiary died after the 15th, the 
surviving spouse received the entire

[[Page S11765]]

check. The bill Senator Mikulski and I are introducing today expands on 
this bill by making other family members eligible to receive the check 
if there is not a surviving spouse.
  Current law makes an inappropriate assumption that a beneficiary has 
not incurred expenses during his or her last month of life. I know that 
my colleagues have heard, as have Senator Mikulski and I, from 
constituents who have lost a husband or wife, father or mother, toward 
the end of the month, received the Social Security check and spent all 
or part of it to pay the bills, only to receive a notice from Social 
Security that the check must be returned. For many of these people, 
that check was the only income they had and they are left struggling to 
find the money to pay back the Social Security Administration and pay 
the rest of the expense their family member incurred in their last 
month.
  I would like to read a part of a letter I received from a constituent 
about the experience of his family when his brother-in-law died. This 
letter, along with Senator Mikulski's own experience when she lost a 
loved one, serves to highlight why this bill is necessary.

       On February 29, 1996, at 9:20 p.m. he passed away. . . . he 
     was alive for 99.99617% of the month missing a full month by 
     0.0038314%. With this evidence in hand, the SSA then decided 
     that his check for the month of Feburary had to be returned 
     to them. Unfortunately, his debts for the month didn't 
     disappear just because he failed to live the extra 0.0038315% 
     of the month. . . . it would be nice to see some kind of pro-
     rating system put into place for the rest of the people who 
     are going to encounter this ghoulish practice.

  I know that my colleagues have all received letters like this. For 
many of these people, that Social Security check is the only financial 
resource available to deal with the costs incurred during their loved 
one's last day of life. Without it, they are left struggling to find 
the money to pay back the Social Security Administration.
  I believe that this legislation provides a fair solution to an unfair 
situation and I hope my colleagues will join un in supporting this 
bill.
                                 ______