I
117th CONGRESS
1st Session
H. R. 1359
IN THE HOUSE OF REPRESENTATIVES
February 25, 2021
Mr. Massie introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committee on Oversight and 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 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.
Short title
This Act may be cited as the Members of Congress Pension Opt Out Clarification Act
.
Making FERS optional for Members
In general
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
.
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.
Continued participation in TSP
Amendment
Section 8401(20) of title 5, United States Code, as amended by subsection (a), is further amended—
by striking term Member has
and inserting the following:
term Member
—
has
;
by inserting , subject to subparagraph (B),
after except that
;
by adding and
after the semicolon at the end; and
by adding at the end the following:
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;
.
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,
.
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.
