I 

113TH CONGRESS 

1ST SESSION H. R. 52 

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

further retirement coverage of Members of Congress, except for the 

right to participate in the Thrift Savings Plan, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 3, 2013 

Mr. FITZPATRICK 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 of Members 

of Congress, except for the right to participate 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. AMENDMENTS RELATING TO THE CIVIL SERV4 ICE RETIREMENT SYSTEM. 

5 (a) IN GENERAL.—Subchapter III of chapter 83 of 

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

7 section 8335 the following: 


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1 ‘‘§ 8335a. Termination of further retirement coverage 

2 of Members of Congress 

3 ‘‘(a) IN GENERAL.—Notwithstanding any other pro4 vision of this subchapter, effective as of the first day of 

5 the first Congress beginning after the date of the enact6 ment of this section— 

7 ‘‘(1) a Member shall not be subject to this sub8 chapter for any further period of time; and 

9 ‘‘(2) no further Government contributions or 

10 deductions from basic pay may be made with respect 

11 to such Member for deposit in the Treasury of the 

12 United States to the credit of the Fund. 

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

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

15 otherwise affect any right, entitlement, or benefit under 

16 this subchapter with respect to any Member covering any 

17 period prior to the first day referred to in subsection (a). 

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

19 PLAN NOT AFFECTED.—Nothing in subsection (a) shall 

20 affect the eligibility of a Member to participate in the 

21 Thrift Savings Plan in accordance with otherwise applica22 ble provisions of law. 

23 ‘‘(d) REGULATIONS.—Any regulations necessary to 

24 carry out this section may— 


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1 ‘‘(1) be prescribed by the Director of the Office 

2 of Personnel Management, except with respect to 

3 matters under paragraph (2); and 

4 ‘‘(2) with respect to matters relating to the 

5 Thrift Savings Plan, be prescribed by the Executive 

6 Director (as defined by section 8401(13)).’’. 

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

8 of chapter 83 of title 5, United States Code, is amended 

9 by inserting after the item relating to section 8335 the 

10 following: 

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

11 SEC. 2. AMENDMENTS RELATING TO THE FEDERAL EM12 PLOYEES’ RETIREMENT SYSTEM. 

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

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

15 section 8425 the following: 

16 ‘‘§ 8425a. Termination of further retirement coverage 

17 of Members of Congress 

18 ‘‘(a) IN GENERAL.—Notwithstanding any other pro19 vision of this chapter, effective as of the first day of the 

20 first Congress beginning after the date of the enactment 

21 of this section— 

22 ‘‘(1) in the case of an individual who first be23 comes a Member before such first day— 

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

25 this chapter for any further period of time after 


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1 such first day or, if later, the date on which 

2 such Member completes at least 5 years of 

3 Member service; and 

4 ‘‘(B) no further Government contributions 

5 or deductions from basic pay may be made with 

6 respect to such Member, for deposit in the 

7 Treasury of the United States to the credit of 

8 the Fund, after such Member ceases to be sub9 ject to this chapter; and 

10 ‘‘(2) in the case of an individual who first be11 comes a Member on or after such first day— 

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

13 this chapter; and 

14 ‘‘(B) no Government contributions or de15 ductions from basic pay may be made with re16 spect to such Member for deposit in the Treas17 ury of the United States to the credit of the 

18 Civil Service Retirement and Disability Fund. 

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

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

21 otherwise affect any right, entitlement, or benefit under 

22 this chapter with respect to any Member covering any pe23 riod prior to the first day referred to in subsection (a). 

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

25 PLAN NOT AFFECTED.—Nothing in subsection (a) shall 


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1 affect the eligibility of a Member to participate in the 

2 Thrift Savings Plan in accordance with otherwise applica3 ble provisions of law. 

4 ‘‘(d) REGULATIONS.—Any regulations necessary to 

5 carry out this section may— 

6 ‘‘(1) be prescribed by the Director of the Office 

7 of Personnel Management, except with respect to 

8 matters under paragraph (2); and 

9 ‘‘(2) with respect to matters relating to the 

10 Thrift Savings Plan, be prescribed by the Executive 

11 Director (as defined by section 8401(13)).’’. 

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

13 of chapter 84 of title 5, United States Code, is amended 

14 by inserting after the item relating to section 8425 the 

15 following: 

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

Æ 


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