H.R. 423: To amend title 5, United States Code, to provide for the termination of further retirement benefits for Members ...

...of Congress, except the right to continue participating in the Thrift Savings Plan, and for other purposes.

113th Congress, 2013–2015. Text as of Jan 25, 2013 (Introduced).

Status & Summary | PDF | Source: GPO and Cato Institute Deepbills

I

113th CONGRESS

1st Session

H. R. 423

IN THE HOUSE OF REPRESENTATIVES

January 25, 2013

(for himself, Mr. Polis, Mr. Schweikert, Mr. Fleming, Ms. Foxx, and Mr. Cicilline) introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committee on Oversight and 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 amend title 5, United States Code, to provide for the termination of further retirement benefits for Members of Congress, except the right to continue participating in the Thrift Savings Plan, and for other purposes.

1.

Amendments 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 8335 the following:

8335a.

Termination of further retirement coverage of Members of Congress

(a)

In general

Notwithstanding any other provision of this subchapter, effective as of the date of enactment of this section—

(1)

a Member shall not be subject to this subchapter for any further period of time; and

(2)

no further Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Fund.

(b)

Prior rights not affected

Nothing in subsection (a) shall be considered to nullify, modify, or otherwise affect any right, entitlement, or benefit under this subchapter with respect to any Member covering any period prior to the date of enactment of this section.

(c)

Right To participate in Thrift Savings Plan not affected

Nothing in subsection (a) shall affect the eligibility of a Member to participate in the Thrift Savings Plan in accordance with otherwise applicable provisions of law.

(d)

Regulations

(1)

In general

Any regulations necessary to carry out this section may—

(A)

except with respect to matters under subparagraph (B), be prescribed by the Director of the Office of Personnel Management; and

(B)

with respect to matters relating to the Thrift Savings Plan, be prescribed by the Executive Director (as defined by section 8401(13)).

(2)

Refunds

The regulations under paragraph (1)(A) shall, in the case of any Member described in subsection (a), provide that the lump-sum credit shall be payable to such Member to the same extent and in the same manner as if such Member satisfied paragraphs (1), (3), and (4) of section 8342(a) as of the date of enactment of this section.

(e)

Exclusion

For purposes of this section, the term Member does not include the Vice President.

.

(b)

Clerical amendment

The table of sections at the beginning of chapter 83 of title 5, United States Code, is amended by inserting after the item relating to section 8335 the following:

8335a. Termination of further retirement coverage of Members of Congress.

.

2.

Amendments relating to the Federal Employees’ Retirement System

(a)

In general

Subchapter II of chapter 84 of title 5, United States Code, is amended by inserting after section 8425 the following:

8425a.

Termination of further retirement coverage of Members of Congress

(a)

In general

Notwithstanding any other provision of this chapter, effective as of the date of enactment of this section—

(1)

in the case of an individual who first becomes a Member before such date of enactment—

(A)

such Member shall not be subject to this chapter for any further period of time after such date of enactment; and

(B)

no further Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Fund; and

(2)

in the case of an individual who first becomes a Member on or after such date of enactment—

(A)

such Member shall not be subject to this chapter; and

(B)

no Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund.

(b)

Prior rights not affected

Nothing in subsection (a) shall be considered to nullify, modify, or otherwise affect any right, entitlement, or benefit under this chapter with respect to any Member covering any period prior to the date of enactment of this section.

(c)

Right To participate in Thrift Savings Plan not affected

Nothing in subsection (a) shall affect the eligibility of a Member to participate in the Thrift Savings Plan in accordance with otherwise applicable provisions of law.

(d)

Regulations

(1)

In general

Any regulations necessary to carry out this section may—

(A)

except with respect to matters under subparagraph (B), be prescribed by the Director of the Office of Personnel Management; and

(B)

with respect to matters relating to the Thrift Savings Plan, be prescribed by the Executive Director (as defined by section 8401(13)).

(2)

Refunds

The regulations under paragraph (1)(A) shall, in the case of a Member described in subsection (a)(1), provide that the lump-sum credit shall be payable to such Member to the same extent and in the same manner as if such Member satisfied paragraphs (1), (3), and (4) of section 8424(a) as of the date of enactment of this section.

(e)

Exclusion

For purposes of this section, the term Member does not include the Vice President.

.

(b)

Clerical amendment

The table of sections at the beginning of chapter 84 of title 5, United States Code, is amended by inserting after the item relating to section 8425 the following:

8425a. Termination of further retirement coverage of Members of Congress.

.