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Calendar No. 481 

117TH CONGRESS 

2D SESSION S. 471 

[Report No. 117–143] 

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. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 25, 2021 

Mr. BRAUN (for himself and Mr. SCOTT of Florida) introduced the following 

bill; which was read twice and referred to the Committee on Homeland 

Security and Governmental Affairs 

SEPTEMBER 12, 2022 

Reported by Mr. CARPER (for Mr. PETERS), with amendments 

[Omit the part struck through and insert the part printed in italic] 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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2 

S 471 RS1S 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Members of Congress 

3 Pension Opt Out Clarification Act’’. 

4 SEC. 2. MAKING FERS OPTIONAL FOR MEMBERS. 

5 (a) IN GENERAL.— 

6 (1) AMENDMENT.—Section 8401(20) of title 5, 

7 United States Code, is amended by striking ‘‘, and 

8 who (in the case’’ and all that follows through 

9 ‘‘2004’’. 

10 (2) APPLICABILITY.—The amendment made by 

11 paragraph (1) shall apply with respect to an indi12 vidual who first serves as a Member of the House 

13 of Representatives, including a Delegate or Resident 

14 Commissioner to the Congress, on or after the date 

15 of enactment of this Act. 

16 (b) CONTINUED PARTICIPATION IN TSP.— 

17 (1) AMENDMENT.—Section 8401(20) of title 5, 

18 United States Code, as amended by subsection (a), 

19 is further amended— 

20 (A) by striking ‘‘term ‘Member’ has the 

21 same meaning as provided in’’ and inserting the 

22 following: ‘‘term ‘Member’— 

23 ‘‘(A) has the meaning given the term ‘Member of 

24 Congress’ under’’; 

25 (B) by inserting ‘‘, subject to subpara26 graph (B),’’ after ‘‘except that’’; 


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S 471 RS1S 

1 (C) by adding ‘‘and’’ after the semicolon at 

2 the end; and 

3 (D) by adding at the end the following: 

4 ‘‘(B) for purposes of subchapter III, has the 

5 same meaning as provided in the meaning given the 

6 term ‘Member of Congress’ under section 2106, with7 out regard to whether the individual elects not to 

8 participate in the Federal Employees’ Retirement 

9 System;’’. 

10 (2) CONFORMING AMENDMENT TO TSP.—Sec11 tion 8431(a) of title 5, United States Code, is 

12 amended by inserting ‘‘except as provided in section 

13 8401(20)(B),’’ after ‘‘subchapter,’’. 

14 (3) APPLICABILITY.—The amendments made 

15 by this subsection shall apply with respect to an in16 dividual who makes an election described in section 

17 8401(20) of title 5, United States Code, not to par18 ticipate in the Federal Employees’ Retirement Sys19 tem before, on, or after the date of enactment of this 

20 Act. 


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Calendar No. 481 

117TH CONGRESS 

2D SESSION S. 471 

[Report No. 117–143] 

A BILL 

To allow Members of Congress to opt out of the 

the Thrift Savings Plan. Retirement System to continue to participate in Members who opt out of the Federal Employees Federal Employees Retirement System, and allow 

SEPTEMBER 12, 2022 

Reported with amendments 


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