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.

February 11, 2003

Ms. MIKULSKI (for herself, Ms. SNOWE, Mr. SARBANES, Ms. COLLINS, Mrs. MURRAY, and Ms. CANTWELL) introduced the following bill; which was read twice and referred to the Committee on Finance

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.

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.

END