Section 1 Short title
This Act may be cited as the “Protecting the Families of Our Fallen Patriots Act”.
Protecting the Families of Our Fallen Patriots Act
A BILL
To amend title II of the Social Security Act to establish that benefits paid to a parent caring for the child of an individual who died while performing active duty as a member of the Armed Services are not subject to deductions under the retirement earnings test.
Sec. 2 Exemption from retirement earnings test
In general— Section 203(b) of the Social Security Act (42 U.S.C. 403(b)) is amended by adding at the end the following:
“(3) In any case in which an surviving spouse or surviving divorced parent is entitled to a mother’s or father’s insurance benefit under section 202(g) and such benefit is based on the wages and self-employment income of a deceased individual who died while performing active duty as a member of the Armed Forces, the benefit to which such surviving spouse or surviving divorced parent is entitled on the basis of the wages and self-employment income of such deceased individual shall not be subject to deductions under this subsection.”
Effective date— The amendments made by this section shall apply with respect to benefits payable for months that begin on or after the date of enactment of this Act.