[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1098 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 1098

To provide that, if an individual is expelled from Congress, any Member 
 service previously rendered by that individual shall be noncreditable 
   for purposes of determining eligibility for or the amount of any 
  benefits which might otherwise be payable out of the Civil Service 
Retirement and Disability Fund based on the service of that individual, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 5, 2003

  Mr. Miller of Florida (for himself, Mr. Pitts, Mr. Terry, Ms. Ginny 
 Brown-Waite of Florida, and Mr. Coble) introduced the following bill; 
  which was referred to the Committee on House Administration, and in 
  addition to the Committee on Government Reform, 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 provide that, if an individual is expelled from Congress, any Member 
 service previously rendered by that individual shall be noncreditable 
   for purposes of determining eligibility for or the amount of any 
  benefits which might otherwise be payable out of the Civil Service 
Retirement and Disability Fund based on the service of that individual, 
                        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 Accountability 
Act''.

SEC. 2. PROVISIONS RELATING TO THE CIVIL SERVICE RETIREMENT SYSTEM.

    (a) In General.--Subchapter III of chapter 83 of title 5, United 
States Code, is amended by inserting after section 8333 the following:
``Sec. 8333a. Expulsion from Congress
    ``(a) Noncreditability of Member Service.--If an individual is 
expelled from Congress, all Member service previously performed by such 
individual shall be noncreditable for purposes of determining 
eligibility for or the amount of any annuity which might otherwise be 
payable out of the Fund based on the service of such individual under 
this subchapter.
    ``(b) Refund of Contributions and Deposits.--If an individual's 
Member service becomes noncreditable by reason of subsection (a), that 
portion of such individual's lump-sum credit which is attributable to 
such Member service (less any amount previously refunded or paid as 
annuity benefits) shall, on proper application, be payable to such 
individual or, if deceased, to the appropriate person determined under 
section 8342.
    ``(c) Amounts Properly Paid Not Affected.--An individual whose 
Member service is made noncreditable by reason of subsection (a) is not 
thereafter required to repay any part of an annuity under this 
subchapter otherwise properly paid to such individual before the date 
of the expulsion, if any.
    ``(d) Coordination Provision.--Nothing in this section shall be 
considered to supersede or otherwise affect the application of 
subchapter II.
    ``(e) Regulations.--The Office of Personnel Management shall 
prescribe any regulations necessary to carry out the purposes of this 
section.''.
    (b) Clerical Amendment.--The analysis for chapter 83 of title 5, 
United States Code, is amended by inserting after the item relating to 
section 8333 the following:

``8333a. Expulsion from Congress.''.

SEC. 3. PROVISIONS RELATING TO THE FEDERAL EMPLOYEES' RETIREMENT 
              SYSTEM.

    (a) In General.--Chapter 84 of title 5, United States Code, is 
amended by inserting after section 8410 the following:
``Sec. 8410a. Expulsion from Congress
    ``(a) Noncreditability of Member Service.--If an individual is 
expelled from Congress, all Member service previously performed by such 
individual shall be noncreditable for purposes of determining 
eligibility for or the amount of any annuity which might otherwise be 
payable out of the Fund based on the service of such individual under 
this chapter.
    ``(b) Refund of Contributions and Deposits.--If an individual's 
Member service becomes noncreditable by reason of subsection (a), that 
portion of such individual's lump-sum credit which is attributable to 
such Member service (less any amount previously refunded or paid as 
annuity benefits) shall, on proper application, be payable to such 
individual or, if deceased, to the appropriate person determined under 
section 8424.
    ``(c) Amounts Properly Paid Not Affected.--An individual whose 
Member service is made noncreditable by reason of subsection (a) is not 
thereafter required to repay any part of an annuity under this chapter 
otherwise properly paid to such individual before the date of the 
expulsion, if any.
    ``(d) Forfeiture of Government Contributions to Thrift Savings 
Plan.--If an individual's Member service becomes noncreditable by 
reason of subsection (a), all contributions made by the Government for 
the benefit of that individual under section 8432(c) while that 
individual was performing Member service, and all earnings attributable 
to such contributions, shall be forfeited.
    ``(e) Coordination Provision.--Nothing in this section shall be 
considered to supersede or otherwise affect the application of 
subchapter II of chapter 83.
    ``(f) Definition.--For the purpose of this section, the term 
`Member service' means, in the case of an individual subject to this 
chapter, service performed by such individual as a Member (as defined 
by section 8331 or 8401), including the period from the date of the 
beginning of the term for which elected or appointed to the date on 
which he takes office as such a Member.
    ``(g) Regulations.--The Office of Personnel Management shall 
prescribe any regulations necessary to carry out the purposes of this 
section, including provisions for the reduction or elimination of any 
payment under section 8421 and any other similar payment under this 
chapter supplemental to any annuity or survivor annuity reduced or 
eliminated under subsection (a).''.
    (b) Clerical Amendment.--The analysis for chapter 84 of title 5, 
United States Code, is amended by inserting after the item relating to 
section 8410 the following:

``8410a. Expulsion from Congress.''.

SEC. 4. CONFORMING AMENDMENTS.

    (a) Section 8432(g)(1) of title 5, United States Code, is amended 
by striking ``this subsection,'' and inserting ``this subsection or 
section 8410a(d),''.
    (b) Sections 8433(a) amd 8437(d) of title 5, United States Code, 
are amended by inserting ``or 8410a(d)'' after ``8432(g)''.

SEC. 5. EFFECTIVE DATE.

    The amendments made by this Act shall apply with respect to any 
expulsion which is based, in whole or in part, on any act committed or 
conduct engaged in after the date of the enactment of this Act.
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