[Congressional Record Volume 165, Number 206 (Thursday, December 19, 2019)]
[Senate]
[Page S7229]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       END PLUSH RETIREMENTS ACT

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 274, S. 439.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 439) to allow Members of Congress to opt out of 
     the Federal Employees Retirement System, and allow Members 
     who opt out of the Federal Employees Retirement System to 
     continue to participate in the Thrift Savings Plan.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Homeland Security and 
Government Affairs.
  Mr. McCONNELL. I ask unanimous consent that the Cardin amendment at 
the desk be considered and agreed to; that the bill, as amended, be 
considered read a third time and passed; and that the motions to 
reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 1270) was agreed to as follows:

                     (Purpose: To improve the bill)

       On page 2, strike lines 1 through 3 and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Members of Congress Pension 
     Opt Out Clarification Act''.
  The bill, as amended, was ordered to be engrossed for a third 
reading, was read the third time, and passed, as follows:

                                 S. 439

       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 ``Members of Congress Pension 
     Opt Out Clarification Act''.

     SEC. 2. MAKING FERS OPTIONAL FOR MEMBERS.

       (a) In General.--
       (1) Amendment.--Section 8401(20) of title 5, United States 
     Code, is amended by striking ``, and who (in the case'' and 
     all that follows through ``2004''.
       (2) Applicability.--The amendment made by paragraph (1) 
     shall apply with respect to an individual who first serves as 
     a Member of the House of Representatives, including a 
     Delegate or Resident Commissioner to the Congress, on or 
     after the date of enactment of this Act.
       (b) Continued Participation in TSP.--
       (1) Amendment.--Section 8401(20) of title 5, United States 
     Code, as amended by subsection (a), is further amended--
       (A) by striking ``term `Member' has'' and inserting the 
     following: ``term `Member'--
       ``(A) has'';
       (B) by inserting ``, subject to subparagraph (B),'' after 
     ``except that'';
       (C) by adding ``and'' after the semicolon at the end; and
       (D) by adding at the end the following:
       ``(B) for purposes of subchapter III, has the same meaning 
     as provided in section 2106, without regard to whether the 
     individual elects not to participate in the Federal 
     Employees' Retirement System;''.
       (2) Conforming amendment to tsp.--Section 8431(a) of title 
     5, United States Code, is amended by inserting ``except as 
     provided in section 8401(20)(B),'' after ``subchapter,''.
       (3) Applicability.--The amendments made by this subsection 
     shall apply with respect to an individual who makes an 
     election described in section 8401(20) of title 5, United 
     States Code, not to participate in the Federal Employees' 
     Retirement System before, on, or after the date of enactment 
     of this Act.

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