Social Security Fairness for Firefighters and Police Officers Act

II 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 Govern- ment Pension Offset and Windfall Elimination Provisions under the Social Security Act. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Social Security Fair- 4 ness for Firefighters and Police Officers Act’’. 5 SEC. 2. EXCEPTION FROM GOVERNMENT PENSION OFFSET 6 PROVISION FOR FIREFIGHTERS AND POLICE 7 OFFICERS. 8 Clause (i) of section 202(k)(5)(B) of the Social Secu- 9 rity Act (42 U.S.C. 402(k)(5)(B)) is amended by striking 10 VerDate Sep 11 2014 22:04 Mar 18, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S710.IS S710 kjohnson on DSK79L0C42 with BILLS 2 •S 710 IS ‘‘monthly periodic benefits’’ and all that follows through 1 the period and inserting the following: ‘‘monthly periodic 2 benefits— 3 ‘‘(I) based wholly on service as a member of a uni- 4 formed service (as defined in section 210(m)), or 5 ‘‘(II) with respect to which the period of service taken 6 into account in determining the amount of the benefit in- 7 cludes at least 5 years of service of the individual as a 8 firefighter (as defined in paragraph (4) of section 1204 9 of the Omnibus Crime Control and Safe Streets Act of 10 1968 (34 U.S.C. 10284)) or a law enforcement officer (as 11 defined in paragraph (6) of such section).’’. 12 SEC. 3. EXCEPTION FROM WINDFALL ELIMINATION PROVI- 13 SIONS FOR FIREFIGHTERS AND POLICE OFFI- 14 CERS. 15 Subsections (a)(7)(A) and (d)(3) of section 215 of the 16 Social Security Act (42 U.S.C. 415) are amended by strik- 17 ing ‘‘section 233, and (III)’’ each place it appears and in- 18 serting ‘‘section 233, (III) a payment based on service de- 19 scribed in section 202(k)(5)(B)(i)(II), and (IV)’’. 20 SEC. 4. EFFECTIVE DATE. 21 The amendments made by this Act shall apply with 22 respect to monthly insurance benefits payable under title 23 II of the Social Security Act for months after December 24 2019. Notwithstanding section 215(f) of the Social Secu- 25 VerDate Sep 11 2014 22:04 Mar 18, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S710.IS S710 kjohnson on DSK79L0C42 with BILLS 3 •S 710 IS rity Act, the Commissioner of Social Security shall adjust 1 primary insurance amounts to the extent necessary to take 2 into account the amendments made by section 3. 3 Æ VerDate Sep 11 2014 22:04 Mar 18, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\S710.IS S710 kjohnson on DSK79L0C42 with BILLS