I 

115TH CONGRESS 

1ST SESSION H. R. 1935 

To amend title 5, United States Code, to provide for the termination of 

further retirement coverage for Members of Congress under the Federal 

Employees’ Retirement System, except for the right to continue participating in the Thrift Savings Plan, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 5, 2017 

Mr. GALLAGHER 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 coverage for Members 

of Congress under the Federal Employees’ Retirement 

System, except for the right to continue participating 

in the Thrift Savings Plan, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Congressional Pension 

5 Reform Act’’. 

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1 SEC. 2. TERMINATION OF RETIREMENT COVERAGE OF 

2 MEMBERS OF CONGRESS UNDER FEDERAL 

3 EMPLOYEES’ RETIREMENT SYSTEM. 

4 (a) IN GENERAL.—Subchapter II of chapter 84 of 

5 title 5, United States Code, is amended by inserting after 

6 section 8425 the following: 

7 ‘‘§ 8425a. Termination of further retirement coverage 

8 of Members of Congress 

9 ‘‘(a) IN GENERAL.—Notwithstanding any other pro10 vision of this chapter, effective as of the date of enactment 

11 of this section— 

12 ‘‘(1) subject to subsection (f), in the case of an 

13 individual who first becomes a Member before such 

14 date of enactment— 

15 ‘‘(A) such Member shall not be subject to 

16 this chapter for any further period of time after 

17 such date of enactment; and 

18 ‘‘(B) no further Government contributions 

19 or deductions from basic pay may be made with 

20 respect to such Member for deposit in the 

21 Treasury of the United States to the credit of 

22 the Fund; and 

23 ‘‘(2) in the case of an individual who first be24 comes a Member on or after such date of enact25 ment— 

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1 ‘‘(A) such Member shall not be subject to 

2 this chapter; and 

3 ‘‘(B) no Government contributions or de4 ductions from basic pay may be made with re5 spect to such Member for deposit in the Treas6 ury of the United States to the credit of the 

7 Fund. 

8 ‘‘(b) PRIOR RIGHTS NOT AFFECTED.—Nothing in 

9 subsection (a) shall be considered to nullify, modify, or 

10 otherwise affect any right, entitlement, or benefit under 

11 this chapter with respect to any Member covering any pe12 riod prior to the date of enactment of this section. 

13 ‘‘(c) RIGHT TO PARTICIPATE IN THRIFT SAVINGS

14 PLAN NOT AFFECTED.—Nothing in subsection (a) or (b) 

15 shall affect the eligibility of a Member to participate in 

16 the Thrift Savings Plan in accordance with otherwise ap17 plicable provisions of law. 

18 ‘‘(d) REGULATIONS.— 

19 ‘‘(1) IN GENERAL.—Any regulations necessary 

20 to carry out this section may— 

21 ‘‘(A) except with respect to matters under 

22 subparagraph (B), be prescribed by the Direc23 tor of the Office of Personnel Management; and 

24 ‘‘(B) with respect to matters relating to 

25 the Thrift Savings Plan, be prescribed by the 

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1 Executive Director (as defined by section 

2 8401(13)). 

3 ‘‘(2) REFUNDS.—Notwithstanding subsection 

4 (b), the regulations under paragraph (1)(A) shall, in 

5 the case of a Member who has not completed at 

6 least 5 years of civilian service as of the date of en7 actment of this section, provide that the lump-sum 

8 credit shall be payable to such Member to the same 

9 extent and in the same manner as if such Member 

10 satisfied paragraphs (1) through (4) of section 

11 8424(a) as of such date of enactment. 

12 ‘‘(e) EXCLUSIONS.—For purposes of this section, the 

13 term ‘Member’ does not include the Vice President. 

14 ‘‘(f) OPT-IN FOR MEMBERS.—Not later than 90 days 

15 after the date of enactment of this section, a Member cov16 ered by this chapter as of such date may elect, by giving 

17 notice in writing to the official by whom such Member is 

18 paid, to remain subject to this chapter.’’. 

19 (b) CLERICAL AMENDMENT.—The table of sections 

20 at the beginning of chapter 84 of title 5, United States 

21 Code, is amended by inserting after the item relating to 

22 section 8425 the following: 

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

Æ 

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