II 112th CONGRESS 2d Session S. 3447 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.

1.

Short title

This Act may be cited as the Disability Pension Fairness Act.

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).