[Congressional Record Volume 147, Number 66 (Tuesday, May 15, 2001)]
[Senate]
[Page S4944]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. MIKULSKI (for himself, Ms. Snowe, Mrs. Murray, Ms. 
        Collins, and Mr. Sarbanes):
  S. 882. 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.
  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 fourth 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? I was shocked when I found out 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. 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. We 
strongly feel that the current system is an injustice to spouses and 
families across the Nation. Just because a beneficiary passes away, it 
does not mean that their bills can go unpaid. Join us to correct this 
policy and to ensure that families and recipients are protected during 
this difficult time. 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.
  We urge our colleagues to join us in this effort and support the 
Social Security Family Protection Act.
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