To amend title II of the Social Security Act to provide for payment of lump-sum death payments upon the death of a spouse.

January 4, 2005

Mr. DUNCAN introduced the following bill; which was referred to the Committee on Ways and Means

To amend title II of the Social Security Act to provide for payment of lump-sum death payments upon the death of a spouse.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. PAYMENT OF LUMP-SUM DEATH PAYMENTS.

(a) In General- Section 202(i) of the Social Security Act (42 U.S.C. 402(i)) is amended by striking `(i) Upon the death' and all that follows through `individual's death.' in paragraph (2) and inserting the following:

`(i)(1) Upon the death of an individual who died as a fully or currently insured individual or as the spouse of a fully or currently insured individual, an amount equal to the lesser of--

`(A) three times the applicable primary insurance amount determined under paragraph (3), or

`(B) $255,

shall be payable under this subsection.

`(2) Payments under this subsection in connection with a deceased individual shall be paid--

`(A) to the surviving spouse of the individual, or

`(B) if no person qualifies for payment under subparagraph (A), or if such person dies before receiving payment, in equal shares to each person who is entitled (or would have been so entitled had a timely application been filed), either on the basis of the wages and self-employment income of any such person who dies before receiving payment or on the basis of the wages and self-employment income of the deceased individual referred to in paragraph (1), to benefits under subsection (d) of this section for the month in which the relevant death occurred.

`(3) For purposes of paragraph (1)(A), the applicable primary insurance amount determined under this paragraph is the larger of--

`(A) the deceased individual's primary insurance amount (if any), determined without regard to the amendments made by section 2201 of the Omnibus Budget Reconciliation Act of 1981, relating to repeal of the minimum benefit provisions, or

`(B) the primary insurance amount (if any) which would be so determined with respect to the surviving spouse of the deceased individual if such spouse had died on the date of the death of the deceased individual.'.

(b) Conforming Amendments- Section 202(i) of such Act is amended--

(1) by striking `No payment' and inserting the following:

`(4) No payment';

(2) by striking `such insured individual' each place it appears and inserting `the deceased individual referred to in paragraph (1)';

(3) by striking `In the case of any individual who died outside the forty-eight' and inserting the following:

`(5) In the case of any individual who died outside the forty-eight';

(4) by striking `the provisions of the preceding sentence' and inserting `paragraph (4)';

(5) by striking `the second sentence of' each place it appears;

(6) by striking `In the case of any individual who died outside the fifty' and inserting the following:

`(6) In the case of any individual who died outside the fifty'; and

(7) by striking `the provisions of the third sentence of this subsection' and inserting `paragraph (4)'.

SEC. 2. EFFECTIVE DATE.

The amendments made by section 1 shall apply with respect to deaths occurring after 180 days after the date of the enactment of this Act.

END