First Responders Retirement Parity Act

Internal Revenue Code of 1986— Section 414(d) of the Internal Revenue Code of 1986 is amended by inserting after the first sentence the following new sentence: “A plan shall not fail to be a “governmental plan” under the preceding sentence solely because such plan allows participation by a public safety agency (described in section 501(c) and exempt from taxation under section 501(a)) solely with respect to the employees of such agency who are emergency response providers (defined in section 2 of the Homeland Security Act of 2022 (6 U.S.C. 101)), substantially all of whose services as emergency response providers are in the performance of firefighting services or out-of-hospital emergency medical services for a political subdivision of a State under a contract between such public safety agency and the political subdivision of a State.”.

Employee Retirement Income Security Act of 1974— Section 3(32) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(32)) is amended by inserting after the first sentence the following new sentence: “A plan shall not fail to be a “governmental plan” under the preceding sentence solely because such plan allows participation by a public safety agency (described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code) solely with respect to the employees of such agency who are emergency response providers (defined in section 2 of the Homeland Security Act of 2022 (6 U.S.C. 101)), substantially all of whose services as emergency response providers are in the performance of firefighting services or out-of-hospital emergency medical services for a political subdivision of a State under a contract between such public safety agency and the political subdivision of a State.”.

Effective date— The amendment made by this section shall apply to plan years beginning after the date of the enactment of this Act.