[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4260 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4260

 To amend title 5, United States Code, to limit the number of years a 
  Member of Congress may participate in the Civil Service Retirement 
  System or the Federal Employees' Retirement System, to deny Federal 
retirement benefits to any Member convicted of a felony, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 16, 1998

Mr. Snowbarger introduced the following bill; which was referred to the 
   Committee on House Oversight, and in addition to the Committee on 
   Government Reform and 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 amend title 5, United States Code, to limit the number of years a 
  Member of Congress may participate in the Civil Service Retirement 
  System or the Federal Employees' Retirement System, to deny Federal 
retirement benefits to any Member convicted of a felony, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Congressional Pension Limitation and 
Reform Act''.

SEC. 2. LIMITATION RELATING TO THE NUMBER OF YEARS A MEMBER OF CONGRESS 
              MAY PARTICIPATE IN A RETIREMENT SYSTEM.

    (a) Provisions Relating to FERS.--
            (1) In general.--Chapter 84 of title 5, United States Code, 
        is amended by inserting after section 8410 the following:
``Sec. 8410a. Limitation relating to Members
    ``(a) This section shall apply with respect to any Member serving 
as--
            ``(1) a Member of the House of Representatives after 
        completing 12 years of service as a Member of the House of 
        Representatives; or
            ``(2) a Senator after completing 12 years of service as a 
        Senator.
    ``(b) Notwithstanding any other provision of this chapter, a Member 
to whom this section applies remains subject to this chapter, subject 
to the following:
            ``(1) Deductions under section 8422 shall not be made from 
        any pay for service performed as such a Member.
            ``(2) Government contributions under section 8423 shall not 
        be made with respect to any such Member.
            ``(3) Government contributions under section 8432(c) shall 
        not be made with respect to any period of service performed as 
        such a Member.
            ``(4) Service performed as such a Member and pay received 
        for any such service shall not be taken into account for any 
        purpose other than to determine whether any age and service 
        requirements for title to an annuity under this chapter have 
        been met.
    ``(c) For purposes of subsection (a)--
            ``(1) only service performed after the 105th Congress shall 
        be taken into account; and
            ``(2) service performed while subject to subchapter III of 
        chapter 83 (if any) shall be treated in the same way as if it 
        had been performed while subject to this chapter.
    ``(d) For purposes of this section, the term `Member of the House 
of Representatives' includes a Delegate to the House of Representatives 
and the Resident Commissioner from Puerto Rico.''.
            (2) Clerical amendment.--The table of contents for chapter 
        84 of title 5, United States Code, is amended by inserting 
        after the item relating to section 8410 the following:

``8410a. Limitation relating to Members.''.
    (b) Provisions Relating to CSRS.--
            (1) In general.--Chapter 83 of title 5, United States Code, 
        is amended by inserting after section 8333 the following:
``Sec. 8333a. Limitation relating to Members
    ``(a) This section shall apply with respect to any Member serving 
as--
            ``(1) a Member of the House of Representatives after 
        completing 12 years of service as a Member of the House of 
        Representatives; or
            ``(2) a Senator after completing 12 years of service as a 
        Senator.
    ``(b) Notwithstanding any other provision of this subchapter, a 
Member to whom this section applies remains subject to this subchapter, 
subject to the following:
            ``(1) Deductions under the first sentence of section 
        8334(a) shall not be made from any pay for service performed as 
        such a Member.
            ``(2) Government contributions under the second sentence of 
        section 8334(a) shall not be made with respect to any such 
        Member.
            ``(3) Service performed as such a Member and pay received 
        for any such service shall not be taken into account for any 
        purpose other than to determine whether any age and service 
        requirements for title to an annuity under this subchapter have 
been met.
    ``(c) For purposes of subsection (a), only service performed after 
the 105th Congress shall be taken into account.
    ``(d) Nothing in subsection (b) or (c) of section 8333 shall apply 
with respect to a Member who, at the time of separation on the basis of 
which title to annuity is based, is a Member to whom this section 
applies.
    ``(e) For purposes of this section, the term `Member of the House 
of Representatives' includes a Delegate to the House of Representatives 
and the Resident Commissioner from Puerto Rico.''.
            (2) Clerical amendment.--The table of contents for chapter 
        83 of title 5, United States Code, is amended by inserting 
        after the item relating to section 8333 the following:

``8333a. Limitation relating to Members of the House of 
                            Representatives.''.

SEC. 3. FORFEITURE OF RETIREMENT BENEFITS IF CONVICTED OF A FELONY.

    (a) In General.--Section 8312(a) of title 5, United States Code, is 
amended--
            (1) by striking ``or'' at the end of paragraph (1);
            (2) by striking the period at the end of paragraph (2) and 
        inserting ``; or''; and
            (3) by adding after paragraph (2) the following:
            ``(3) is convicted of an offense described in subsection 
        (d), to the extent provided by that subsection.''.
    (b) Applicability.--The last sentence of section 8312(a) of title 
5, United States Code, is amended--
            (1) by striking ``and'' at the end of subparagraph (A);
            (2) by striking the period at the end of subparagraph (B) 
        and inserting ``; and''; and
            (3) by adding after subparagraph (B) the following:
            ``(C) with respect to an offense described in subsection 
        (d), to the period after the date of conviction.''.
    (c) Description of Offenses.--Section 8312 of title 5, United 
States Code, is amended by adding at the end the following:
    ``(d) An offense described in this subsection is any act or 
omission of an individual--
            ``(1) which is a felony under Federal or State law;
            ``(2) committed while the individual is a Member of 
        Congress;
            ``(3) which occurs in connection with the individual's 
        service as a Member of Congress; and
            ``(4) which occurs after the date of enactment of this 
        subsection.''.
    (d) Absence from United States to Avoid Prosecution.--Section 
8313(a)(1) of title 5, United States Code, is amended--
            (1) by striking ``or'' at the end of subparagraph (A);
            (2) by striking ``and'' at the end of subparagraph (B) and 
        inserting ``or''; and
            (3) by adding at the end the following:
                    ``(C) after the date of enactment of subsection (d) 
                of section 8312, for an offense described in such 
                subsection; and''.
    (e) Refund of Contributions and Deposits To Be Without Interest.--
Section 8316(b) of title 5, United States Code, is amended--
            (1) by striking ``or'' at the end of paragraph (1);
            (2) by striking the period at the end of paragraph (2) and 
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(3) if the individual was convicted of an offense named 
        by subsection (d) of section 8312, for the period after the 
        conviction.''.
    (f) Restoration of Annuity or Retired Pay.--
            (1) Effect of pardon by governor.--Section 8318(a) of title 
        5, United States Code, is amended by inserting after ``is 
        pardoned by the President'' the following: ``(or, in the case 
        of a felony under State law described in section 8312(d), by 
        the Governor)''.
            (2) Limitation.--Section 8318(c) of title 5, United States 
        Code, is amended by inserting after ``President'' the 
        following: ``(or a Governor)''.
    (g) Definition.--As used in the amendments made by this section, 
the term ``Member of Congress'' or ``Member'' includes a Delegate to 
the House of Representatives and the Resident Commissioner from Puerto 
Rico.
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