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108th CONGRESS
1st Session
H. R. 2995
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).
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 3, 2003
Mr. Peterson of Minnesota 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).
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 Deceased Beneficiary
Act of 2003''.
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 or''.
(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).
(k) Payment of Last Monthly Payment.--
(1) 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:
``Payment for Month of Beneficiary's Death
``(z) Payment of an individual's monthly insurance benefit under
this section for the month in which the individual dies shall be made
as provided in section 204(d).''.
(2) Disability insurance benefits.--Section 223 of such Act
(42 U.S.C. 423) is amended by adding at the end the following
new subsection:
``Payment for Month of Beneficiary's Death
``(k) Payment of an individual's monthly benefit under this section
for the month in which the individual dies shall be made as provided in
section 204(d).''.
(3) 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:
``Payment for Month of Beneficiary's Death
``(i) Payment of an individual's monthly benefit under this section
for the month in which the individual dies shall be made as provided in
section 204(d).''.
SEC. 3. 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. 4. 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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