,,ii  #aagth ,,congress  #b;d ,session  
,s4 #dehc  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,july #ba1     
#bjbb,ms4 ,hirono 7for herself1 ,ms4    
,smith1 and ,mr4 ,merkley7 introduced   
the following bill2 which was read twice
 and referred to the ,committee on      
,finance  ,a ,,bill  ,to amend title    
,,ii of the ,social ,security ,act and  
the ,internal ,revenue ,code of #aihf to
 make improvements in the old-age1      
survivors1 and disability insurance     
program1 and to provide for ,social     
,security benefit protection4  #a4      
,short title and table of contents  7a7 
,short title ,this ,act may be cited as 
the ,protecting and ,preserving ,social 
,security ,act4  7b7 ,table of contents 
,the table of contents of this ,act is  
as follows3 ,sec4 #a4 ,short title and  
table of contents4,title                
,i--,cost-of-,living ,increases,sec4    
#aja4 ,consumer ,price ,index for       
,elderly ,consumers4,sec4 #ajb4         
,computation of cost-of-living          

increases4,title ,,ii--,contribution and
 benefit fairness,sec4 #bja4            
,determination of wages and             
self-employment income above            
contribution and benefit base after     
#bjbb4,sec4 #bjb4 ,inclusion of surplus 
earnings in ,social ,security benefit   
formula4,sec4 #bjc4 ,preventing an      
unintended drop in benefits relating to 
the application of the ,national        
,average ,wage ,index4,title            
,,iii--,benefit ,adjustment of ,social  
,security ,income ,compensation,sec4    
#cja4 ,continuation of benefits through 
month of beneficiary's death4  ,i       
,cost-of-,living ,increases  #aja4      
,consumer ,price ,index for ,elderly    
,consumers  7a7 ,in ,general ,the       
,bureau of ,labor ,statistics of the    
,department of ,labor shall prepare and 
publish an index for each calendar month
 to be known as the ,consumer ,price    
,index for ,elderly ,consumers that     
indicates changes over time in          
expenditures for consumption which are  

typical for individuals in the ,united  
,states who are #fb years of age or     
older4  7b7 ,effective ,date ,subsection
 7a7 shall apply with respect to        
calendar months ending on or after ,july
 #ca of the calendar year following the 
calendar year in which this ,act is     
enacted4  7c7 ,authorization of         
,appropriations ,there are authorized to
 be appropriated such sums as are       
necessary to carry out the provisions of
 this section4  #ajb4 ,computation of   
cost-of-living increases  7a7 ,in       
general ,section #bae7;i77#a7 of the    
,social ,security ,act 7#db ,u4,s4,c4   
#dae7;i77#a77 is amended by adding at   
the end the following new subparagraph3 
7,h7 the term ,consumer ,price ,index   
means the ,consumer ,price ,index for   
,elderly ,consumers 7,,cpi-,e1 as       
published by the ,bureau of ,labor      
,statistics of the ,department of       
,labor74  4  7b7 ,application to        
pre-#aigi law  7#a7 ,in general ,section
 #bae7;i77#a7 of the ,social ,security  

,act as in effect in ,december #aigh1   
and as applied in certain cases under   
the provisions of such ,act as in effect
 after ,december #aigh1 is amended by   
adding at the end the following new     
subparagraph3  7,d7 the term ,consumer  
,price ,index means the ,consumer ,price
 ,index for ,elderly ,consumers         
7,,cpi-,e1 as published by the ,bureau  
of ,labor ,statistics of the ,department
 of ,labor74  4  7#b7 ,conforming       
amendment ,section #bae7;i77#d7 of the  
,social ,security ,act 7#db ,u4,s4,c4   
#dae7;i77#d77 is amended by inserting   
and by section #ajb of the ,protecting  
and ,preserving ,social ,security ,act  
after #aihf4  7c7 ,no effect on         
adjustments under other laws ,section   
#bae7;i7 of the ,social ,security ,act  
7#db ,u4,s4,c4 #dae7;i77 is amended by  
adding at the end the following3  7#f7  
,any provision of law 7other than in    
this title or title ,,xvi7 which        
provides for adjustment of an amount    
based on a change in benefit amounts    

resulting from a determination made     
under this subsection shall be applied  
and administered without regard to the  
amendments made by section #ajb of the  
,protecting and ,preserving ,social     
,security ,act4  4  7d7 ,no effect on   
eligibility for ,,ssi and ,medicaid ,any
 increase to an individual's monthly    
benefit amount under title ,,ii of the  
,social ,security ,act as a result of   
the amendments made by this section     
shall not be regarded as income or      
resources for any subsequent month1 for 
purposes of determining the eligibility 
of the recipient 7or the recipient's    
spouse or family7 for benefits or       
assistance1 or the amount or extent of  
benefits or assistance1 under the       
,supplemental ,security ,income program 
or the ,medicaid program4  7e7          
,effective date ,the amendments made by 
this section shall apply to             
determinations made with respect to     
cost-of-living computation quarters 7as 
defined in section #bae7;i77#a77;,b7 of 

the ,social ,security ,act 7#db         
,u4,s4,c4 #dae7;i77#a77;,b777 ending on 
or after ,september #cj of the second   
calendar year following the calendar    
year in which this ,act is enacted4     
,,ii ,contribution and benefit fairness 
#bja4 ,determination of wages and       
self-employment income above            
contribution and benefit base after     
#bjbb  7a7 ,determination of wages above
 contribution and benefit base after    
#bjbb  7#a7 ,amendments to the ,internal
 ,revenue ,code of #aihf ,section #caba 
of the ,internal ,revenue ,code of #aihf
 is amended-- 7,a7 in subsection        
7a77#a71 by inserting the applicable    
percentage 7determined under subsection 
7c77#a77 of before that part of the     
remuneration1 and  7,b7 in subsection   
7c71 by striking 7c7 ,included and      
excluded service4--,for purposes of this
 chapter1 if and inserting the          
following3  7c7 ,special rules for wages
 and employment  7#a7 ,applicable       
percentage of remuneration in           

determining wages ,for purposes of      
paragraph 7#a7 of subsection 7a71 the   
applicable percentage for a calendar    
year1 in connection with any calendar   
year referred to in such paragraph1     
shall be the percentage determined in   
accordance with the following table3    
,the applicable,in the case             
of3percentage is3,calendar year         
#bjbchf;,calendar year #bjbdga;,calendar
 year #bjbeeg;,calendar year            
#bjbfdc;,calendar year #bjbgbi;,calendar
 year #bjbhad;,calendar years after     
#bjbhj4  7#b7 ,included and excluded    
service ,for purposes of this chapter1  
if  4  7#b7 ,amendments to the ,social  
,security ,act ,section #bji of the     
,social ,security ,act 7#db ,u4,s4,c4   
#dji7 is amended-- 7,a7 in subsection   
7a77#a7-- 7i7 in subparagraph 7,i7--    
7,i7 by inserting and before #bjbc after
 #aigd2 and  7,,ii7 by inserting and    
after the semicolon2 and  7ii7 by adding
 at the end the following new           
subparagraph3  7,j7 ,the applicable     

percentage 7determined under subsection 
7l77 of that part of remuneration which1
 after remuneration 7other than         
remuneration referred to in the         
succeeding subsections of this section7 
equal to the contribution and benefit   
base 7determined under section #bcj7    
with respect to employment has been paid
 to an individual during any calendar   
year after #bjbb with respect to which  
such contribution and benefit base is   
effective1 is paid to such individual   
during such calendar year2  2 and  7,b7 
by adding at the end the following new  
subsection3  7l7 ,for purposes of       
subparagraph 7,j7 of subsection 7a77#a71
 the applicable percentage for a        
calendar year1 in connection with any   
calendar year referred to in such       
subparagraph1 shall be the percentage   
determined in accordance with the       
following table3 ,the applicable,in the 
case of3percentage is3,calendar year    
#bjbchf;,calendar year #bjbdga;,calendar
 year #bjbeeg;,calendar year            

#bjbfdc;,calendar year #bjbgbi;,calendar
 year #bjbhad;,calendar years after     
#bjbhj4  4  7#c7 ,effective date ,the   
amendments made by this subsection shall
 apply with respect to remuneration paid
 in calendar years after #bjbb4  7b7    
,determination of self-,employment      
income above contribution and benefit   
base after #bjbb  7#a7 ,amendments to   
the ,internal ,revenue ,code of #aihf   
,section #adjb of the ,internal ,revenue
 ,code of #aihf is amended-- 7,a7 in    
subsection 7b77#a71 by inserting an     
amount equal to the applicable          
percentage 7as determined under         
subsection 7d77#b77 of before that part 
of the net earnings from                
self-employment1 and  7,b7 in subsection
 7d7-- 7i7 by striking 7d7 ,employee and
 wages4--,the term and inserting the    
following3  7d7 ,rules and definitions  
7#a7 ,employee and wages ,the term  1   
and  7ii7 by adding at the end the      
following3  7#b7 ,applicable percentage 
of net earnings from self-employment in 

determining self-employment income ,for 
purposes of paragraph 7#a7 of subsection
 7b71 the applicable percentage for a   
taxable year beginning in any calendar  
year referred to in such paragraph shall
 be the percentage determined in        
accordance with the following table3    
,the applicable,in the case             
of3percentage is3,calendar year         
#bjbchf;,calendar year #bjbdga;,calendar
 year #bjbeeg;,calendar year            
#bjbfdc;,calendar year #bjbgbi;,calendar
 year #bjbhad;,calendar years after     
#bjbhj4  4  7#b7 ,amendments to the     
,social ,security ,act ,section #baa of 
the ,social ,security ,act 7#db         
,u4,s4,c4 #daa7 is amended-- 7,a7 in    
subsection 7b7-- 7i7 in paragraph       
7#a77;,i7-- 7,i7 by striking or after   
the semicolon2 and  7,,ii7 by inserting 
and before #bjbc after #aigd2  7ii7 by  
redesignating paragraph 7#b7 as         
paragraph 7#c72 and  7iii7 by inserting 
after paragraph 7#a7 the following new  
paragraph3  7#b7 ,for any taxable year  

beginning in any calendar year after    
#bjbb1 an amount equal to the applicable
 percentage 7as determined under        
subsection 7l77 of that part of net     
earnings from self-employment which is  
in excess of 7,a7 an amount equal to the
 contribution and benefit base          
7determined under section #bcj7 that is 
effective for such calendar year1 minus 
7,b7 the amount of the wages paid to    
such individual during such taxable     
year2 or  2 and  7,b7 by adding at the  
end the following3  7l7 ,for purposes of
 paragraph 7#b7 of subsection 7b71 the  
applicable percentage for a taxable year
 beginning in any calendar year referred
 to in such paragraph1 shall be the     
percentage determined in accordance with
 the following table3 ,the applicable,in
 the case of3percentage is3,calendar    
year #bjbchf;,calendar year             
#bjbdga;,calendar year #bjbeeg;,calendar
 year #bjbfdc;,calendar year            
#bjbgbi;,calendar year #bjbhad;,calendar
 years after #bjbhj4  4  7#c7 ,effective

 date ,the amendments made by this      
subsection shall apply with respect to  
taxable years beginning during or after 
calendar year #bjbc4  #bjb4 ,inclusion  
of surplus earnings in ,social ,security
 benefit formula  7a7 ,inclusion of     
surplus average indexed monthly earnings
 in determination of primary insurance  
amounts  7#a7 ,in general ,section      
#bae7;a77#a77;,a7 of the ,social        
,security ,act 7#db ,u4,s4,c4           
#dae7;a77#a77;,a77 is amended-- 7,a7 in 
clauses 7i71 7ii71 and 7iii71 by        
inserting basic before average indexed  
monthly earnings each place it appears2 
7,b7 in clause 7ii71 by striking and at 
the end2 and  7,c7 by inserting after   
clause 7iii7 the following new clauses3 
7iv7 #c percent of the individual's     
surplus average indexed monthly earnings
 to the extent such surplus average     
indexed monthly earnings do not exceed  
the excess of the amount established for
 purposes of this clause by subparagraph
 7,b7 over #a_/ab of the contribution   

and benefit base for the last of such   
individual's computation base years1 and
  7v7 #j4be percent of the sum of the   
individual's surplus average indexed    
monthly earnings plus #a_/ab of the     
contribution and benefit base for the   
last of such individual's computation   
base years1 to the extent such sum      
exceeds the amount established for      
purposes of clause 7iv7 by subparagraph 
7,b74  4  7#b7 ,bend point for surplus  
earnings ,section #bae7;a77#a77;,b7 of  
such ,act 7#db ,u4,s4,c4                
#dae7;a77#a77;,b77 is amended-- 7,a7 in 
clause 7ii71 by striking the amounts so 
established and inserting the amounts   
established for purposes of clauses 7i7 
and 7ii7 of subparagraph 7,a72  7,b7 by 
redesignating clause 7iii7 as clause    
7v72  7,c7 in clause 7v7 7as            
redesignated71 by inserting or 7iv7     
after clause 7ii72 and  7,d7 by         
inserting after clause 7ii7 the         
following new clauses3  7iii7 ,for      
individuals who initially become        

eligible for old-age or disability      
insurance benefits1 or who die 7before  
becoming eligible for such benefits71 in
 the calendar year #bjbc1 the amount    
established for purposes of clause 7iv7 
of subparagraph 7,a7 shall be #h1icc4   
7iv7 ,for individuals who initially     
become eligible for old-age or          
disability insurance benefits1 or who   
die 7before becoming eligible for such  
benefits71 in any calendar year after   
#bjbc1 the amount established for       
purposes of clause 7iv7 of subparagraph 
7,a7 shall equal the product of the     
amount established with respect to the  
calendar year #bjbc under clause 7iii7  
of this subparagraph and the quotient   
obtained by dividing-- 7,i7 7aa7 the    
national average wage index 7as defined 
in section #bji7k77#a77 for the second  
calendar year preceding the calendar    
year for which the determination is     
made1 or  7bb7 if higher 7and if such   
second calendar year is after #bjbc71   
the highest national average wage index 

7as so defined7 for any calendar year   
before such second calendar year1 by    
7,,ii7 the national average wage index  
7as so defined7 for #bjah4  4  7b7      
,basic ,,aime and surplus ,,aime  7#a7  
,basic ,,aime ,section #bae7;b77#a7 of  
such ,act 7#db ,u4,s4,c4 #dae7;b77#a77  
is amended-- 7,a7 by inserting basic    
before average2 and  7,b7 in            
subparagraph 7,a71 by striking paragraph
 7#c7 and inserting paragraph 7#c77;,a7 
and by inserting before the comma the   
following3 to the extent such total does
 not exceed the contribution and benefit
 base for the applicable year4  7#b7    
,surplus ,,aime  7,a7 ,in general       
,section #bae7;b77#a7 of such ,act 7as  
amended by paragraph 7#a77 is amended-- 
7i7 by redesignating subparagraphs 7,a7 
and 7,b7 as clauses 7i7 and 7ii71       
respectively2  7ii7 by inserting 7,a7   
after 7b77#a72 and  7iii7 by adding at  
the end the following new subparagraph3 
7,b7 7i7 ,an individual's surplus       
average indexed monthly earnings shall  

be equal to the quotient obtained by    
dividing-- 7,i7 the total 7after        
adjustment under paragraph 7#c77;,b77 of
 such individual's surplus earnings     
7determined under clause 7ii77 for such 
individual's benefit computation years  
7determined under paragraph 7#b771 by   
7,,ii7 the number of months in those    
years4  7ii7 ,for purposes of clause 7i7
 and paragraph 7#c77;,b71 an            
individual's surplus earnings for a     
benefit computation year are the total  
of such individual's wages paid in and  
self-employment income credited to such 
benefit computation year1 to the extent 
such total 7before adjustment under     
paragraph 7#c77;,b77 exceeds the        
contribution and benefit base for such  
year4  4  7,b7 ,conforming amendment    
,the heading for section #bae7;b7 of    
such ,act is amended by striking        
,average ,indexed ,monthly ,earnings and
 inserting ,basic ,average ,indexed     
,monthly ,earnings2 ,surplus ,average   
,indexed ,monthly ,earnings4  7#c7      

,adjustment of surplus earnings for     
purposes of determining surplus ,,aime  
,section #bae7;b77#c7 of such ,act 7#db 
,u4,s4,c4 #dae7;b77#c77 is amended--    
7,a7 in subparagraph 7,a71 by striking  
subparagraph 7,b7 and inserting         
subparagraph 7,c7 and by inserting and  
determination of basic average indexed  
monthly income after paragraph 7#b72    
7,b7 by redesignating subparagraph 7,b7 
as subparagraph 7,c72 and  7,c7 by      
inserting after subparagraph 7,a7 the   
following new subparagraph3  7,b7 ,for  
purposes of determining under paragraph 
7#a77;,b7 an individual's surplus       
average indexed monthly earnings1 the   
individual's surplus earnings 7described
 in paragraph 7#b77;,b77ii77 for a      
benefit computation year shall be deemed
 to be equal to the product of-- 7i7 the
 individual's surplus earnings for such 
year 7as determined without regard to   
this subparagraph71 and  7ii7 the       
quotient described in subparagraph      
7,a77ii74  4  7c7 ,effective date ,the  

amendments made by this section shall   
apply with respect to individuals who   
initially become eligible 7within the   
meaning of section #bae7;a77#c77;,b7 of 
the ,social ,security ,act7 for old-age 
or disability insurance benefits under  
title ,,ii of the ,social ,security     
,act1 or who die 7before becoming       
eligible for such benefits71 in any     
calendar year after #bjbb4  #bjc4       
,preventing an unintended drop in       
benefits relating to the application of 
the ,national ,average ,wage ,index  7a7
 ,modifications related to computation  
of primary insurance amount ,section    
#bae of the ,social ,security ,act 7#db 
,u4,s4,c4 #dae7 is amended-- 7#a7 in    
subsection 7a77#a77;,b77ii77,i7-- 7,a7  
in subclause 7,i7-- 7i7 by striking the 
national and inserting 7aa7 the         
national2 and  7ii7 by striking 1 by at 
the end and inserting 2 or2 and  7,b7 by
 adding at the end of subclause 7,i7 the
 following3  7bb7 if higher 7and if such
 second calendar year is after #bjbb71  

the highest national average wage index 
7as so defined7 for any calendar year   
before such second calendar year1 by  2 
and  7#b7 in subsection                 
7b77#c77;,a77ii7-- 7,a7 in subclause    
7,i7-- 7i7 by striking the national and 
inserting 7aa7 the national2 and  7ii7  
by striking 1 by at the end and         
inserting 2 or2 and  7,b7 by adding at  
the end of subclause 7,i7 the following3
  7bb7 if higher 7and if such second    
calendar year is after #bjbb71 the      
highest national average wage index 7as 
so defined7 for any calendar year before
 such second calendar year1 by  4  7b7  
,modification related to reduction of   
benefits based on disability ,section   
#bbd7;f77#b77;,b77i7 of such ,act 7#db  
,u4,s4,c4 #dbd7;f77#b77;,b77i77 is      
amended by inserting 7or if higher 7and 
if such calendar year is after #bjbb71  
the highest national average wage index 
7as so defined7 for any calendar year   
before such calendar year7 after made4  
,,iii ,benefit ,adjustment of ,social   

,security ,income ,compensation  #cja4  
,continuation of benefits through month 
of beneficiary's death  7a7 ,in general 
7#a7 ,old-,age insurance benefits       
,section #bjb7;a7 of the ,social        
,security ,act 7#db ,u4,s4,c4 #djb7;a77 
is amended by striking the month        
preceding in the matter following       
subparagraph 7,b74  7#b7 ,wife's        
insurance benefits  7,a7 ,in general    
,section #bjb7;b77#a7 of such ,act 7#db 
,u4,s4,c4 #djb7;b77#a77 is amended-- 7i7
 by striking and ending with the month  
in the matter immediately following     
clause 7ii7 and inserting and ending    
with the month in which she dies or 7if 
earlier7 with the month2  7ii7 by       
striking subparagraph 7,e72 and  7iii7  
by redesignating subparagraphs 7,f7     
through 7,k7 as subparagraphs 7,e7      
through 7,j71 respectively4  7,b7       
,conforming amendment ,section          
#bjb7;b77#d77;,b7 of such ,act 7#db     
,u4,s4,c4 #djb7;b77#d77;,b77 is amended 
by striking 7,e71 7,f71 7,h71 or 7,j7   

and inserting 7,e71 7,g71 or 7,i74  7#c7
 ,husband's insurance benefits  7,a7 ,in
 general ,section #bjb7;c77#a7 of such  
,act 7#db ,u4,s4,c4 #djb7;c77#a77 is    
amended-- 7i7 by striking and ending    
with the month in the matter immediately
 following clause 7ii7 and inserting and
 ending with the month in which he dies 
or 7if earlier7 with the month2  7ii7 by
 striking subparagraph 7,e72 and  7iii7 
by redesignating subparagraphs 7,f7     
through 7,k7 as subparagraphs 7,e7      
through 7,j71 respectively4  7,b7       
,conforming amendment ,section          
#bjb7;c77#d77;,b7 of such ,act 7#db     
,u4,s4,c4 #djb7;c77#d77;,b77 is amended 
by striking 7,e71 7,f71 7,h71 or 7,j7   
and inserting 7,e71 7,g71 or 7,i74  7#d7
 ,child's insurance benefits ,section   
#bjb7;d77#a7 of such ,act 7#db ,u4,s4,c4
 #djb7;d77#a77 is amended-- 7,a7 by     
striking and ending with the month in   
the matter immediately preceding        
subparagraph 7,d7 and inserting and     
ending with the month in which such     

child dies or 7if earlier7 with the     
month2 and  7,b7 by striking dies1 or in
 subparagraph 7,d74  7#e7 ,widow's      
insurance benefits ,section #bjb7;e77#a7
 of such ,act 7#db ,u4,s4,c4            
#djb7;e77#a77 is amended by striking    
ending with the month preceding the     
first month in which any of the         
following occurs3 she remarries1 dies1  
becomes entitled in the matter following
 subparagraph 7,f7 and inserting ending 
with the month in which she dies or 7if 
earlier7 the month preceding the        
earliest of the first month in which she
 remarries1 the month in which she      
becomes entitled4  7#f7 ,widower's      
insurance benefits ,section #bjb7;f77#a7
 of such ,act 7#db ,u4,s4,c4            
#djb7;f77#a77 is amended by striking    
ending with the month preceding the     
first month in which any of the         
following occurs3 he remarries1 dies1 or
 becomes entitled in the matter         
following subparagraph 7,f7 and         
inserting ending with the month in which

 he dies or 7if earlier7 the month      
preceding the earliest of the first     
month in which he remarries1 the month  
in which he becomes entitled4  7#g7     
,mother's and father's insurance        
benefits ,section #bjb7;g77#a7 of such  
,act 7#db ,u4,s4,c4 #djb7;g77#a77 is    
amended-- 7,a7 by inserting the month in
 which he or she dies or 7if earlier7   
after and ending with in the matter     
following subparagraph 7,f72 and  7,b7  
by striking he or she remarries1 or he  
or she dies and inserting or he or she  
remarries4  7#h7 ,parent's insurance    
benefits ,section #bjb7;h77#a7 of such  
,act 7#db ,u4,s4,c4 #djb7;h77#a77 is    
amended by striking ending with the     
month preceding the first month in which
 any of the following occurs3 such      
parent dies1 marries1 in the matter     
following subparagraph 7,e7 and         
inserting ending with the month in which
 such parent dies or 7if earlier7 the   
month preceding the first month in which
 such parent marries4  7#i7 ,disability 

insurance benefits ,section #bbc7;a77#a7
 of such ,act 7#db ,u4,s4,c4            
#dbc7;a77#a77 is amended by striking    
ending with the month preceding         
whichever of the following months is the
 earliest3 the month in which he dies1  
in the matter following subparagraph    
7,d7 and inserting the following3 ending
 with the month in which he dies or 7if 
earlier7 with the month preceding the   
earlier of and by striking the comma    
after #baf7l774  7#aj7 ,benefits at age 
#gb for certain uninsured individuals   
,section #bbh7;a7 of such ,act 7#db     
,u4,s4,c4 #dbh7;a77 is amended by       
striking the month preceding in the     
matter following paragraph 7#d74  7b7   
,computation and payment of last monthly
 payment  7#a7 ,old-,age and survivors  
insurance benefits ,section #bjb of the 
,social ,security ,act 7#db ,u4,s4,c4   
#djb7 is amended by adding at the end   
the following new subsection3  7aa7     
,prorated payment due to death  7#a7    
,prorated payment for last month of     

entitlement ,in the case of any monthly 
insurance benefit paid to an individual 
under this section for the last month of
 entitlement to such benefit 7in any    
case in which eligibility for such      
benefit ends because of such            
individual's death in such month71 the  
amount of such benefit under this       
section paid for such month shall be an 
amount equal to-- 7,a7 the amount of    
such benefit 7as determined without     
regard to this subsection71 multiplied  
by  7,b7 a fraction-- 7i7 the numerator 
of which is the number of days in such  
month preceding 7but not including7 the 
date of such individual's death1 and    
7ii7 the denominator of which is the    
number of days in such month1  rounded1 
if not a multiple of #a1 to the next    
lower multiple of #a4 ,this subsection  
shall apply with respect to such benefit
 after all other adjustments with       
respect to such benefit provided by this
 title have been made4 ,payment of such 
benefit for such month shall be made as 

provided in section #bjd7;d74  7#b7     
,prorated payment for first month of    
entitlement ,in the case of any monthly 
insurance benefit paid to an individual 
under this section for the first month  
of entitlement to such benefit 7in any  
case in which eligibility for such      
benefit begins because of the death in  
such month of another individual on     
whose wages and self-employment income  
such benefit are based71 the amount of  
such benefit paid for such month shall  
be an amount equal to-- 7,a7 the amount 
of such benefit 7as determined without  
regard to this subsection71 multiplied  
by  7,b7 a fraction-- 7i7 the numerator 
of which is the number of days in such  
month following and including the date  
of the death of the individual on whose 
wages and self-employment income such   
benefit is based1 and  7ii7 the         
denominator of which is the number of   
days in such month1  rounded1 if not a  
multiple of #a1 to the next lower       
multiple of #a4 ,this subsection shall  

apply with respect to such benefit after
 all other adjustments with respect to  
such benefit provided by this title have
 been made4 ,payment of such benefit for
 such month shall be made as provided in
 section #bjd7;d74  7#c7 ,payable to    
estate ,any monthly insurance benefit   
under this section for the month in     
which the individual entitled to such   
benefit dies shall be paid to the estate
 of the individual unless the individual
 has named another individual as the    
payee for such payment4  4  7#b7        
,disability insurance benefits ,section 
#bbc of such ,act 7#db ,u4,s4,c4 #dbc7  
is amended by adding at the end the     
following new subsection3  7k7 ,last    
payment of benefit terminated by death  
7#a7 ,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-- 7,a7 
the amount of such benefit 7as          
determined without regard to this       
subsection71 multiplied by  7,b7 a      

fraction-- 7i7 the numerator of which is
 the number of days in such month       
preceding 7but not including7 the date  
of such individual's death1 and  7ii7   
the denominator of which is the number  
of days in such month1  rounded1 if not 
a multiple of #a1 to the next lower     
multiple of #a4 ,this subsection shall  
apply with respect to such benefit after
 all other adjustments with respect to  
such benefit provided by this title have
 been made4 ,payment of such benefit for
 such month shall be made as provided in
 section #bjd7;d74  7#b7 ,any monthly   
insurance benefit under this section for
 the month in which the individual      
entitled to such benefit dies shall be  
paid to the estate of the individual    
unless the individual has named another 
individual as the payee for such        
payment4  4  7#c7 ,benefits at age #gb  
for certain uninsured individuals       
,section #bbh of such ,act 7#db         
,u4,s4,c4 #dbh7 is amended by adding at 
the end the following new subsection3   

7i7 ,last payment of benefit terminated 
by death  7#a7 ,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-- 7,a7 the amount of such benefit   
7as determined without regard to this   
subsection71 multiplied by  7,b7 a      
fraction-- 7i7 the numerator of which is
 the number of days in such month       
preceding 7but not including7 the date  
of such individual's death1 and  7ii7   
the denominator of which is the number  
of days in such month1  rounded1 if not 
a multiple of #a1 to the next lower     
multiple of #a4 ,this subsection shall  
apply with respect to such benefit after
 all other adjustments with respect to  
such benefit provided by this title have
 been made4 ,payment of such benefit for
 such month shall be made as provided in
 section #bjd7;d74  7#b7 ,any monthly   
insurance benefit under this section for
 the month in which the individual      
entitled to such benefit dies shall be  

paid to the estate of the individual    
unless the individual has named another 
individual as the payee for such        
payment4  4  7c7 ,disregard of benefit  
for month of death under family maximum 
provisions ,section #bjc7;a7 of the     
,social ,security ,act 7#db ,u4,s4,c4   
#djc7;a77 is amended by adding at the   
end the following new paragraph3  7#aa7 
,notwithstanding any other provision of 
this ,act1 in applying the preceding    
provisions of this subsection 7and      
determining maximum family benefits     
under column ,v of the table in or      
deemed to be in section #bae7;a7 as in  
effect in ,december #aigh7 with respect 
to the month in which the insured       
individual's death occurs1 the benefit  
payable to such individual for that     
month shall be disregarded4  4  7d7     
,effective date ,the amendments made by 
this section shall apply with respect to
 deaths occurring in the first month    
beginning more than #fj days after the  
date of enactment of this ,act4