[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8487 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 8487
To amend title II of the Social Security Act to exempt widows and
widowers of police officers, firefighters, and correctional officers
from the government pension offset.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 21, 2024
Mr. Van Drew (for himself and Mr. Bacon) introduced the following bill;
which was referred to the Committee on Ways and Means
_______________________________________________________________________
A BILL
To amend title II of the Social Security Act to exempt widows and
widowers of police officers, firefighters, and correctional officers
from the government pension offset.
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 ``Honoring Emergency Response
Officers' Sacrifice Act'' or the ``HEROS Act''.
SEC. 2. GOVERNMENT PENSION OFFSET EXEMPTION.
(a) In General.--Section 202(k)(5) of the Social Security Act (42
U.S.C. 402(k)(5)) is amended by adding at the end the following:
``(D) Subparagraph (A) shall not apply to a monthly
insurance benefit of an individual under subsection
(e), (f), or (g) if the individual is entitled to such
benefit on the basis of the wages and self-employment
income of an individual who died in the line of duty
while serving as any of the following:
``(i) A Federal law enforcement officer (as
defined in section 2 of the Law Enforcement
Congressional Badge of Bravery Act of 2008 (34
U.S.C. 50301(5)).
``(ii) A State or local law enforcement
officer (as defined in section 2(11) of such
Act (34 U.S.C. 50301(11)).
``(iii) An employee in fire protection
activities (as defined in section 3(y) of the
Fair Labor Standards Act of 1938 (29 U.S.C.
203(y)).
``(iv) Firefighting personnel (as defined
in section 33(a)(5) of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C.
2229(a)(5)).
``(v) A correctional officer (as defined in
section 4051(a)(1) of title 18, United States
Code).
``(vi) A State correctional officer (as
defined in section 1121(b)(2) of title 18,
United States Code).''.
(b) Effective Date.--The amendment made by this Act shall apply in
relation to monthly insurance benefits payable for months beginning on
or after the date of enactment of this Act.
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