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
`(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
`(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
`(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.
END
