[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 961 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 961
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 to increase the lump
sum death payment to reflect changes in the cost of living.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 17, 2005
Mr. Platts 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 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 to increase the lump
sum death payment to reflect changes in the cost of living.
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 Fairness Act of
2005''.
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 new subsection:
``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 higher 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 of an individual's benefit under this section for
the month in which such individual dies shall be made in accordance
with section 204(d).''.
(b) Disability Insurance Benefits.--Section 223 of such Act (42
U.S.C. 423) is amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following new
subsection:
``Last Payment of Benefit Terminated by Death
``(j)(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 higher 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 of an individual's benefit under this section for
the month in which such individual dies shall be made in accordance
with 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)(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 higher 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 of an individual's benefit under this section for
the month in which such individual dies shall be made in accordance
with section 204(d).''.
(d) Conforming Amendments Regarding Payment of Benefits for Month
of Recipient's Death.--
(1) 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).
(2) Wife's insurance benefits.--
(A) In general.--Section 202(b)(1) of such Act (42
U.S.C. 402(b)(1)) is amended--
(i) 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'';
(ii) by striking subparagraph (E); and
(iii) by redesignating subparagraphs (F)
through (K) as subparagraphs (E) through (J),
respectively.
(B) Conforming amendment.--Section 202(b)(4)(B) of
such Act (42 U.S.C. 402(b)(4)(B)) is amended by
striking ``(E), (F), (H), or (J)'' and inserting ``(E),
(G), or (I)''.
(3) Husband's insurance benefits.--
(A) In general.--Section 202(c)(1) of such Act (42
U.S.C. 402(c)(1)) is amended--
(i) 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'';
(ii) by striking subparagraph (E); and
(iii) by redesignating subparagraphs (F)
through (K) as subparagraphs (E) through (J),
respectively.
(B) Conforming amendment.--Section 202(c)(4)(B) of
such Act (42 U.S.C. 402(c)(4)(B)) is amended by
striking ``(E), (F), (H), or (J)'' and inserting ``(E),
(G), or (I)''.
(4) Child's insurance benefits.--Section 202(d)(1) of such
Act (42 U.S.C. 402(d)(1)) is amended--
(A) 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
(B) by striking ``dies, or'' in subparagraph (D).
(5) 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 any of the following occurs:
she remarries, or''.
(6) 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 any of the following occurs: he remarries,''.
(7) Mother's and father's insurance benefits.--Section
202(g)(1) of such Act (42 U.S.C. 402(g)(1)) is amended--
(A) by inserting ``with the month in which he or
she dies or (if earlier)'' after ``and ending'' in the
matter following subparagraph (F); and
(B) by striking ``he or she remarries, or he or she
dies'' and inserting ``or he or she remarries''.
(8) 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 any of the following occurs:
such parent marries,''.
(9) 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
whichever of the following months is the earliest:''.
(10) 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).
(11) Exemption from maximum benefit cap.--Section 203 of
such Act (42 U.S.C. 403 is amended by adding at the end the
following new subsection:
``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 benefit
of an individual under section 202, 223, or 228 for the month in which
such individual dies.''.
SEC. 3. INCREASE IN LUMP-SUM DEATH PAYMENTS.
Section 202(i) of the Social Security Act (42 U.S.C. 402(i)) is
amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) in subparagraph (B) (as redesignated), by striking
``paragraph (1)'' and inserting ``subparagraph (A)'';
(3) by inserting ``(1)'' after ''(i)'';
(4) by striking ``three times'' and all that follows
through ``smaller,'' and inserting ``the applicable dollar
amount for the calendar year in which the death occurs
(determined under paragraph (2))''; and
(5) by adding at the end the following new paragraph:
``(2)(A) Except as otherwise provided in subparagraph (B), the
applicable dollar amount for any calendar year is $970.
``(B) In each calendar year after 2005, the Commissioner of Social
Security shall determine and publish in the Federal Register, on or
before November 1 of such calendar year, the applicable dollar amount
for the next calendar year. Such dollar amount shall be equal to the
product derived by multiplying--
``(i) $970, by
``(ii) the ratio of--
``(I) the national average wage index (as defined
in section 209(k)(1)) for the calendar year before the
calendar year in which the determination is made, to
``(II) the national average wage index (as so
defined) for calendar year 2004.
If such product is not a multiple of $5.00, such product shall be
rounded to the next higher multiple of $5.00 in any case in which such
product is a multiple of $2.50 but not of $5.00, and to the nearest
multiple of $5.00 in any other case.''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to deaths
occurring after 90 days after the date of the enactment of this Act.
<all>