Proportionate Final Benefit Act of 2005 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to provide that: (1) an individual's entitlement to any OASDI benefit shall continue through the month of his or her death (without affecting any other person's entitlement to benefits for that month); and (2) the benefit shall be payable for such month only to the extent proportionate to the number of days in the month preceding the date of death.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4224 Introduced in House (IH)]
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
``(2) a fraction--
``(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
``(2) a fraction--
``(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
``(2) a fraction--
``(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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Ways and Means.
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