II 

Calendar No. 274 

116TH CONGRESS 

1ST SESSION S. 439 

[Report No. 116–153] 

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 12, 2019 

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 

OCTOBER 28, 2019 

Reported by Mr. JOHNSON, without amendment 

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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•S 439 RS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘End Plush Retirements 

3 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’’ and 

21 inserting the following: ‘‘term ‘Member’— 

22 ‘‘(A) has’’; 

23 (B) by inserting ‘‘, subject to subpara24 graph (B),’’ after ‘‘except that’’; 

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

26 the end; and 


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•S 439 RS

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

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

3 same meaning as provided in section 2106, without 

4 regard to whether the individual elects not to partici5 pate in the Federal Employees’ Retirement Sys6 tem;’’. 

7 (2) CONFORMING AMENDMENT TO TSP.—Sec8 tion 8431(a) of title 5, United States Code, is 

9 amended by inserting ‘‘except as provided in section 

10 8401(20)(B),’’ after ‘‘subchapter,’’. 

11 (3) APPLICABILITY.—The amendments made 

12 by this subsection shall apply with respect to an in13 dividual who makes an election described in section 

14 8401(20) of title 5, United States Code, not to par15 ticipate in the Federal Employees’ Retirement Sys16 tem before, on, or after the date of enactment of this 

17 Act. 


pamtmann on DSKBC07HB2PROD with BILLS
Calendar No. 274 

116TH CONGRESS 

1ST SESSION S. 439 

[Report No. 116–153] 

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 

OCTOBER 28, 2019 

Reported without amendment 


pamtmann on DSKBC07HB2PROD with BILLS