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Cole Co-Sponsors Tribal Government Equality Act

May 2, 2007

WASHINGTON, D.C.-U.S. Congressman Tom Cole, a member of the Chickasaw Nation and the only enrolled tribal member in the Congress, today co-sponsored the Tribal Government Equality Act of 2007. Congressman Earl Pomeroy (D-ND) is the primary sponsor. This bill corrects a provision in the Pension Protection Act of 2006 (PPA) and ensures that federal benefits laws treat tribal governments in the same way as other governments.

"I am happy to support legislation that recognizes tribal sovereignty by leveling the playing field when it comes to governmental pension plans," Congressman Cole said. "Current law places unfair and unequal restrictions on Native American tribes. Tribal governments are entitled to be treated like any other government, and their status should not contain restrictions that are not applied to every other form of government."

The PPA that was signed into law in 2006 contained a provision that affords governmental plan status only to those tribal pension plans that cover employees performing "essential government functions." It excludes those tribal pension plans that cover tribal government employees performing commercial activities. This distinction does not apply to federal, state and local pension plans. This inequity jeopardizes the secure retirement of tens of thousands of tribal government employees in Oklahoma and across the nation.

"This is a matter of basic fairness and the recognition of tribal sovereignty. I intend to work closely with the bill's primary sponsor, Congressman Pomeroy, to pass this bill and ensure that the federal benefits laws treat tribal governments the same as their federal, state and local counterparts," Congressman Cole said. "I look forward to seeing this bill pass on the House floor in the near future."

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