Section 1 Short title
This Act may be cited as the “Honoring Emergency Response Officers’ Sacrifice Act” or the “HEROS Act”.
Honoring Emergency Response Officers’ Sacrifice Act
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.
Sec. 2 Government pension offset exemption
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).”
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.