118 HR 6579 IH: Congressional Pension Accountability Act U.S. House of Representatives 2023-12-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I118th CONGRESS1st SessionH. R. 6579IN THE HOUSE OF REPRESENTATIVESDecember 4, 2023Mr. Nunn of Iowa (for himself, Mr. Pappas, Ms. Craig, and Mr. D'Esposito) introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committee on Oversight and Accountability, 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 concernedA BILLTo 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.
1.
Short title
This Act may be cited as the Congressional Pension Accountability Act.
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:
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..
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:
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..
4.
Conforming amendments
Sections 8433(a) and 8437(d) of title 5, United States Code, are amended by inserting or 8410a(d) after 8432(g).
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.