SENIOR ASSEMBLY FEDERAL PROPOSAL NO. 15

INTRODUCED BY SENIOR ASSEMBLY MEMBER BILLIE TAYLOR

(COAUTHOR: SENIOR SENATOR PEABODY)

LEGISLATIVE COUNSEL'S DIGEST

AFP 15: SOCIAL SECURITY BURIAL BENEFITS.

UNDER EXISTING LAW, THE FEDERAL SOCIAL SECURITY ACT, PROVIDES FOR BENEFITS FOR ELIGIBLE BENEFICIARIES, FUNDED PRIMARILY BY FEDERAL PAYROLL TAXES ON WORKERS AND EMPLOYERS. ONE OF THESE BENEFITS IS A ONE-TIME PAYMENT OF $255 PAYABLE TO THE SURVIVING SPOUSE OR TO A CHILD UNDER SPECIFIED CIRCUMSTANCES.

THIS MEASURE WOULD MEMORIALIZE THE CONGRESS AND THE PRESIDENT TO ENACT LEGISLATION THAT WOULD ADDRESS THE SOCIAL SECURITY BURIAL BENEFIT DISPARITY BETWEEN THE CURRENT BENEFIT AMOUNT AND CREMATION SERVICES COSTS SO THAT THE SOCIAL SECURITY BURIAL BENEFIT AMOUNT BE RAISED TO $495, AN AMOUNT ADEQUATE TO COVER CREMATION COSTS, AND SO THAT THE SOCIAL SECURITY BURIAL BENEFIT BE PAYABLE TO IMMEDIATE FAMILY MEMBERS.

VOTE:  MAJORITY.

AFP 15:  RELATING TO SOCIAL SECURITY BURIAL BENEFITS

WHEREAS, WHEN THE BURIAL BENEFIT WAS INSTITUTED IT WAS IN LINE WITH CREMATION SERVICES AND IS CURRENTLY AT $225; AND

WHEREAS, CREMATION SERVICES COSTS HAVE SINCE RISEN TO $495; AND

WHEREAS, THE SOCIAL SECURITY BURIAL BENEFIT CAN BE PAID TO THE SURVIVING SPOUSE IF HE OR SHE WAS LIVING WITH THE DECEASED; OR, IF LIVING APART, WAS RECEIVING CERTAIN SOCIAL SECURITY BENEFITS ON THE DECEASED’S RECORD; AND IF THERE IS NO SURVIVING SPOUSE, THE PAYMENT IS MADE TO A CHILD WHO IS ELIGIBLE FOR BENEFITS ON THE DECEASED’S RECORD IN THE MONTH OF DEATH; AND

WHEREAS, OTHER IMMEDIATE FAMILY MEMBERS ARE NOT AWARE THAT THE BURIAL BENEFIT IS PAYABLE ONLY TO THE SURVIVING SPOUSE OR CHILD; NOW, THEREFORE, BE IT

RESOLVED, BY THE SENIOR ASSEMBLY AND THE SENIOR SENATE, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2011 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE SOCIAL SECURITY BURIAL BENEFIT DISPARITY BETWEEN THE CURRENT BENEFIT AMOUNT AND CREMATION SERVICES COSTS BE ADDRESSED SO THAT THE SOCIAL SECURITY BURIAL BENEFIT AMOUNT BE RAISED TO $495 AN AMOUNT ADEQUATE TO COVER CREMATION COSTS AND SO THAT THE SOCIAL SECURITY BURIAL BENEFIT BE PAYABLE TO IMMEDIATE FAMILY MEMBERS; AND BE IT FURTHER

RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE CONGRESS AND THE PRESIDENT TO ENACT APPROPRIATE LEGISLATION THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER

RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE PRESIDENT AND VICE PRESIDENT, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE CHAIRPERSONS OF THE HOUSE AND SENATE COMMITTEES ON AGING, AND TO EACH SENATOR AND REPRESENTATIVE FROM CALIFORNIA IN THE CONGRESS OF THE UNITED STATES.

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RN 11 18078