H.R. 476 (110th): To amend title 5, United States Code, to make noncreditable for Federal retirement purposes any Member service ...

...performed by an individual who is convicted of any of certain offenses committed by that individual while serving as a Member

110th Congress, 2007–2009. Text as of Jan 23, 2007 (Passed the House (Engrossed)).

Status & Summary | PDF | Source: GPO

I

110th CONGRESS

1st Session

H. R. 476

IN THE HOUSE OF REPRESENTATIVES

AN ACT

To amend title 5, United States Code, to make noncreditable for Federal retirement purposes any Member service performed by an individual who is convicted of any of certain offenses committed by that individual while serving as a Member of Congress, and for other purposes.

1.

Loss of pensions accrued during service as a Member of Congress for abusing the public trust

(a)

Civil Service Retirement System

Section 8332 of title 5, United States Code, is amended by adding at the end the following:

(o)
(1)

Notwithstanding any other provision of this subchapter, the service of an individual finally convicted of an offense described in paragraph (2) shall not be taken into account for purposes of this subchapter, except that this sentence applies only to service rendered as a Member (irrespective of when rendered). Any such individual (or other person determined under section 8342(c), if applicable) shall be entitled to be paid so much of such individual’s lump-sum credit as is attributable to service to which the preceding sentence applies.

(2)
(A)

An offense described in this paragraph is any offense described in subparagraph (B) for which the following apply:

(i)

Every act or omission of the individual (referred to in paragraph (1)) that is needed to satisfy the elements of the offense occurs while the individual is a Member.

(ii)

Every act or omission of the individual that is needed to satisfy the elements of the offense directly relates to the performance of the individual’s official duties as a Member.

(iii)

The offense is committed after the date of enactment of this subsection.

(B)

An offense described in this subparagraph is only the following, and only to the extent that the offense is a felony under title 18:

(i)

An offense under section 201 of title 18 (bribery of public officials and witnesses).

(ii)

An offense under section 219 of title 18 (officers and employees acting as agents of foreign principals).

(iii)

An offense under section 371 of title 18 (conspiracy to commit offense or to defraud United States), to the extent of any conspiracy to commit an act which constitutes—

(I)

an offense under clause (i) or (ii); or

(II)

an offense under section 207 of title 18 (restrictions on former officers, employees, and elected officials of the executive and legislative branches).

(iv)

Perjury committed under section 1621 of title 18 in falsely denying the commission of an act which constitutes—

(I)

an offense under clause (i) or (ii); or

(II)

an offense under clause (iii), to the extent provided in such clause.

(v)

Subornation of perjury committed under section 1622 of title 18 in connection with the false denial or false testimony of another individual as specified in clause (iv).

(3)

An individual convicted of an offense described in paragraph (2) shall not, after the date of the final conviction, be eligible to participate in the retirement system under this subchapter or chapter 84 while serving as a Member.

(4)

The Office of Personnel Management shall prescribe any regulations necessary to carry out this subsection. Such regulations shall include—

(A)

provisions under which interest on any lump-sum payment under the second sentence of paragraph (1) shall be limited in a manner similar to that specified in the last sentence of section 8316(b); and

(B)

provisions under which the Office may provide for—

(i)

the payment, to the spouse or children of any individual referred to in the first sentence of paragraph (1), of any amounts which (but for this clause) would otherwise have been nonpayable by reason of such first sentence, but only to the extent that the application of this clause is considered necessary given the totality of the circumstances; and

(ii)

an appropriate adjustment in the amount of any lump-sum payment under the second sentence of paragraph (1) to reflect the application of clause (i).

(5)

For purposes of this subsection—

(A)

the term Member has the meaning given such term by section 2106, notwithstanding section 8331(2); and

(B)

the term child has the meaning given such term by section 8341.

.

(b)

Federal Employees’ Retirement System

Section 8411 of title 5, United States Code, is amended by adding at the end the following:

(l)
(1)

Notwithstanding any other provision of this chapter, the service of an individual finally convicted of an offense described in paragraph (2) shall not be taken into account for purposes of this chapter, except that this sentence applies only to service rendered as a Member (irrespective of when rendered). Any such individual (or other person determined under section 8424(d), if applicable) shall be entitled to be paid so much of such individual’s lump-sum credit as is attributable to service to which the preceding sentence applies.

(2)

An offense described in this paragraph is any offense described in section 8332(o)(2)(B) for which the following apply:

(A)

Every act or omission of the individual (referred to in paragraph (1)) that is needed to satisfy the elements of the offense occurs while the individual is a Member.

(B)

Every act or omission of the individual that is needed to satisfy the elements of the offense directly relates to the performance of the individual’s official duties as a Member.

(C)

The offense is committed after the date of enactment of this subsection.

(3)

An individual convicted of an offense described in paragraph (2) shall not, after the date of the final conviction, be eligible to participate in the retirement system under this chapter while serving as a Member.

(4)

The Office of Personnel Management shall prescribe any regulations necessary to carry out this subsection. Such regulations shall include—

(A)

provisions under which interest on any lump-sum payment under the second sentence of paragraph (1) shall be limited in a manner similar to that specified in the last sentence of section 8316(b); and

(B)

provisions under which the Office may provide for—

(i)

the payment, to the spouse or children of any individual referred to in the first sentence of paragraph (1), of any amounts which (but for this clause) would otherwise have been nonpayable by reason of such first sentence, but only to the extent that the application of this clause is considered necessary given the totality of the circumstances; and

(ii)

an appropriate adjustment in the amount of any lump-sum payment under the second sentence of paragraph (1) to reflect the application of clause (i).

(5)

For purposes of this subsection—

(A)

the term Member has the meaning given such term by section 2106, notwithstanding section 8401(20); and

(B)

the term child has the meaning given such term by section 8341.

.

Passed the House of Representatives January 23, 2007.

Karen L. Haas,

Clerk.