I 118th CONGRESS 1st Session H. R. 5241 IN THE HOUSE OF REPRESENTATIVES August 18, 2023 Mr. Murphy (for himself, Mr. McHenry , Ms. Foxx , Mr. Hudson , Mr. Rouzer , Mr. Bishop of North Carolina , and Mr. Edwards ) introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Internal Revenue Code of 1986 to provide that governmental pension plans may include certain firefighters, emergency medical technicians, and paramedics, and for other purposes.

1. Governmental pension plans may include certain firefighters, emergency medical technicians, and paramedics (a) 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. . (b) 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. . (c) Conforming amendments (1) Section 4021(b)(2) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1321(b)(2) ) is amended by inserting (or public safety agency employees described in the second sentence of section 3(32)) after established and maintained for its employees . (2) Section 415(b)(2)(H)(ii)(I) of the Internal Revenue Code of 1986 is amended by inserting described in the second sentence of section 414(d) or after As a full-time employee . (3) Section 415(b)(10)(A) of such Code is amended by inserting (or public safety agency employees described in the second sentence of section 414(d)) after maintained for its employees . (d) Effective date The amendment made by this section shall apply to plan years beginning after the date of the enactment of this Act.