[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3447 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3447

To amend the Employee Retirement Income Security Act of 1974 to permit 
         access to certain disability benefits without penalty.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 26, 2012

 Mr. Franken (for himself and Ms. Klobuchar) introduced the following 
  bill; which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To amend the Employee Retirement Income Security Act of 1974 to permit 
         access to certain disability benefits without penalty.

    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 ``Disability Pension Fairness Act''.

SEC. 2. GUARANTEED DISABILITY BENEFITS.

    (a) In General.--Section 4022(b)(3) of the Employee Retirement 
Income Act of 1974 (29 U.S.C. 1322(b)(3)) is amended in the matter 
following subparagraph (B) by striking ``disability that occurred on or 
before the termination date'' and inserting ``disability that occurred 
before, on, or after the termination date, without regard to whether 
such disability was or would have been covered under the terms of the 
plan''.
    (b) Applicability.--The amendment made by subsection (a) shall 
apply with respect to single-employer plans terminated before, on, or 
after the date of enactment of this Act.
    (c) Effect of Amendment.--Notwithstanding any other provision of 
the Employee Retirement Income Security Act of 1974, the benefit 
payable to a participant under title IV of such Act (29 U.S.C. 1301 et 
seq.) shall not be reduced due to the implementation of the amendment 
made by subsection (a).
                                 <all>