[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 710 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 710
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
March 7, 2019
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 2019. 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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