[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 87 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 87
To amend title 5, United States Code, to provide for the termination of
certain retirement benefits for Members of Congress, except the right
to continue participating in the Thrift Savings Plan, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 25, 2023
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
_______________________________________________________________________
A BILL
To amend title 5, United States Code, to provide for the termination of
certain retirement benefits for Members of Congress, except the right
to continue participating in the Thrift Savings Plan, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``End Pensions in Congress Act'' or
the ``EPIC Act''.
SEC. 2. AMENDMENTS RELATING TO THE CIVIL SERVICE RETIREMENT SYSTEM.
(a) In General.--Subchapter III of chapter 83 of title 5, United
States Code, is amended by inserting after section 8335 the following:
``Sec. 8335A. Termination of further retirement coverage of Members of
Congress
``(a) In General.--Notwithstanding any other provision of this
subchapter and subject to subsection (f), effective as of the date of
enactment of this section--
``(1) a Member shall not be subject to this subchapter for
any further period of time; and
``(2) no further Government contributions or deductions
from basic pay may be made with respect to such Member for
deposit in the Treasury of the United States to the credit of
the Fund.
``(b) Prior Rights Not Affected.--Nothing in subsection (a) shall
be considered to nullify, modify, or otherwise affect any right,
entitlement, or benefit under this subchapter of any Member with
respect to any period before the date of enactment of this section.
``(c) Right To Participate in Thrift Savings Plan Not Affected.--
Nothing in subsection (a) shall affect the eligibility of a Member to
participate in the Thrift Savings Plan in accordance with otherwise
applicable provisions of law.
``(d) Regulations.--Any regulations necessary to carry out this
section may--
``(1) except with respect to matters under paragraph (2),
be prescribed by the Director; and
``(2) with respect to matters relating to the Thrift
Savings Plan, be prescribed by the Executive Director (as
defined under section 8401).
``(e) Exclusion.--For purposes of this section, the term `Member'
does not include the Vice President.
``(f) Opt-In.--Not later than 90 days after the date of enactment
of this section, a Member covered by this subchapter as of such date of
enactment may elect, by giving notice in writing to the official that
disburses the pay of such Member, to remain subject to this
subchapter.''.
(b) Clerical Amendment.--The table of sections for chapter 83 of
title 5, United States Code, is amended by inserting after the item
relating to section 8335 the following:
``8335A. Termination of further retirement coverage of Members of
Congress.''.
SEC. 3. AMENDMENTS RELATING TO THE FEDERAL EMPLOYEES RETIREMENT SYSTEM.
(a) In General.--Subchapter II of chapter 84 of title 5, United
States Code, is amended by inserting after section 8425 the following:
``Sec. 8426. Termination of further retirement coverage of Members of
Congress
``(a) In General.--Notwithstanding any other provision of this
chapter, effective as of the date of enactment of this section--
``(1) in the case of an individual who first becomes a
Member before such date of enactment, subject to subsection
(f)--
``(A) such Member shall not be subject to this
chapter for any further period of time after such date
of enactment; and
``(B) no further Government contributions or
deductions from basic pay may be made with respect to
such Member for deposit in the Treasury of the United
States to the credit of the Fund; and
``(2) in the case of an individual who first becomes a
Member on or after such date of enactment--
``(A) such Member shall not be subject to this
chapter; and
``(B) no Government contributions or deductions
from basic pay may be made with respect to such Member
for deposit in the Treasury of the United States to the
credit of the Fund.
``(b) Prior Rights Not Affected.--Nothing in subsection (a) shall
be considered to nullify, modify, or otherwise affect any right,
entitlement, or benefit under this chapter of any Member with respect
to any period before the date of enactment of this section.
``(c) Right To Participate in Thrift Savings Plan Not Affected.--
Nothing in subsection (a) shall affect the eligibility of a Member to
participate in the Thrift Savings Plan in accordance with otherwise
applicable provisions of law.
``(d) Regulations.--
``(1) In general.--Any regulations necessary to carry out
this section may--
``(A) except with respect to matters under
subparagraph (B), be prescribed by the Director; and
``(B) with respect to matters relating to the
Thrift Savings Plan, be prescribed by the Executive
Director.
``(2) Refunds.--Notwithstanding subsection (b), the
regulations under paragraph (1)(A) shall, in the case of a
Member who has not completed at least 5 years of civilian
service creditable under section 8411 as of the date of
enactment of this section, provide that the lump-sum credit
shall be payable to such Member to the same extent and in the
same manner as if such Member satisfied paragraphs (1) through
(4) of section 8424(a) as of such date of enactment.
``(e) Exclusions.--For purposes of this section, the term `Member'
does not include the Vice President.
``(f) Opt-In for Members.--Not later than 90 days after the date of
enactment of this section, a Member covered by this chapter as of such
date may elect, by giving notice in writing to the official that
disburses the pay of such Member, to remain subject to this chapter.''.
(b) Clerical Amendment.--The table of sections for chapter 84 of
title 5, United States Code, is amended by inserting after the item
relating to section 8425 the following:
``8426. Termination of further retirement coverage of Members of
Congress.''.
SEC. 4. CONFORMING AMENDMENT TO TSP.
Section 8431(a) of title 5, United States Code, is amended by
inserting ``except as provided in section 8335A(c) and section
8426(c),'' after ``subchapter,''.
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