[Congressional Record Volume 149, Number 25 (Tuesday, February 11, 2003)]
[Senate]
[Pages S2219-S2220]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. MIKULSKI (for herself Ms. Snowe, Mr. Sarbanes, Ms. 
        Collins, Mrs. Murray, and Ms. Cantwell):
  S. 362. 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 fifth 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 a 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

[[Page S2220]]

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. I ask unanimous consent that the 
text of my bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 362

       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.
                                 ______