[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 165 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 165

 To make Members of Congress ineligible to participate in the Federal 
                     Employees' Retirement System.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 1995

  Mr. Coble introduced the following bill; which was referred to the 
 Committee on Government Reform and Oversight and, in addition, to the 
     Committee on House Oversight, 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 make Members of Congress ineligible to participate in the Federal 
                     Employees' Retirement System.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. INELIGIBILITY TO PARTICIPATE IN FERS.

    (a) In General.--Except as otherwise provided in this section, 
effective as of the date of the enactment of this Act, a Member of 
Congress shall be ineligible to participate in the Federal Employees' 
Retirement System.
    (b) Exception.--Subsection (a) shall not apply with respect to any 
individual who, as of the date of the enactment of this Act, satisfies 
the requirements of section 8410 of title 5, United States Code, for 
being considered eligible for an annuity under subchapter II of chapter 
84 of such title.
    (c) Refunds of Contributions.--
            (1) In general.--Nothing in subsection (a) shall prevent 
        appropriate refunds from being made, in accordance with 
        applicable provisions of law, on account of an individual's 
        becoming ineligible to participate in the Federal Employees' 
        Retirement System as a result of the enactment of this Act.
            (2) Special rule.--For purposes of making any refunds in 
        accordance with paragraph (1), a Member who becomes ineligible 
        to participate in the Federal Employees' Retirement System as a 
        result of the enactment of this Act shall be treated in the 
        same way as if separated from service.
    (d) Annuitants Not Affected.--Subsection (a) shall not be 
considered to apply with respect to--
            (1) any former Member of Congress who, as of the date of 
        the enactment of this Act, is entitled (or would on proper 
        application be entitled) to an annuity computed, in whole or in 
        part, by reference to section 8415 of title 5, United States 
        Code; or
            (2) any individual who, as of the date of the enactment of 
        this Act, is entitled (or would on proper application be 
        entitled) to an annuity as a survivor of a former Member of 
        Congress.

SEC. 2. DEFINITION.

    For purposes of this Act, the terms ``Member of Congress'' and 
``Member'' have the same meaning as the term ``Member'' under section 
8401(20) of title 5, United States Code.
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