[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3433 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 3433

To exempt firefighters and police officers from the Government Pension 
 Offset and Windfall Elimination Provisions under the Social Security 
                                  Act.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 12, 2018

  Mr. Toomey introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To exempt firefighters and police officers from the Government Pension 
 Offset and Windfall Elimination Provisions under the Social Security 
                                  Act.

    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 ``Social Security Fairness for 
Firefighters and Police Officers Act''.

SEC. 2. EXCEPTION FROM GOVERNMENT PENSION OFFSET PROVISION FOR 
              FIREFIGHTERS AND POLICE OFFICERS.

    Clause (i) of section 202(k)(5)(B) of the Social Security Act (42 
U.S.C. 402(k)(5)(B)) is amended by striking ``monthly periodic 
benefits'' and all that follows through the period and inserting the 
following: ``monthly periodic benefits--
    ``(I) based wholly on service as a member of a uniformed service 
(as defined in section 210(m)), or
    ``(II) with respect to which the period of service taken into 
account in determining the amount of the benefit includes at least 5 
years of service of the individual as a firefighter (as defined in 
paragraph (4) of section 1204 of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10284)) or a law enforcement officer (as 
defined in paragraph (6) of such section).''.

SEC. 3. EXCEPTION FROM WINDFALL ELIMINATION PROVISIONS FOR FIREFIGHTERS 
              AND POLICE OFFICERS.

    Subsections (a)(7)(A) and (d)(3) of section 215 of the Social 
Security Act (42 U.S.C. 415) are amended by striking ``section 233, and 
(III)'' each place it appears and inserting ``section 233, (III) a 
payment based on service described in section 202(k)(5)(B)(i)(II), and 
(IV)''.

SEC. 4. EFFECTIVE DATE.

    The amendments made by this Act shall apply with respect to monthly 
insurance benefits payable under title II of the Social Security Act 
for months after December 2018. Notwithstanding section 215(f) of the 
Social Security Act, the Commissioner of Social Security shall adjust 
primary insurance amounts to the extent necessary to take into account 
the amendments made by section 3.
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