Congressional Integrity and Pension Forfeiture Act of 2005 - Requires the Office of Personnel and Management (OPM) to prescribe regulations that prohibit eligibility in the governmental retirement system for a Member convicted of certain offenses that are: (1) committed by the individual while a Member, (2) related to the individual's service as a Member, and (3) after enactment of this Act. Refunds annuity contributions and deposits, excluding interest earned, to a convicted individual. Authorizes the Executive Director of the Federal Retirement Thrift Investment Management System to prescribe necessary regulations with respect to the Thrift Saving Plan and which include provisions requiring the return of all vested amounts attributable to periods of service rendered by the individual as a Member.
Defines "Member" as "the Vice President, a member of the Senate or the House of Representatives, a Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico."
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4535 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 4535
To amend title 5, United States Code, to provide that if a Member of
Congress is convicted of a felony, such Member shall not be eligible
for retirement benefits based on that individual's service as a Member,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 14, 2005
Mr. Kirk (for himself, Mr. Upton, Mr. Platts, Mr. Pence, Mr. Bass, Mr.
Terry, Mr. Shadegg, Mr. Price of Georgia, Mrs. Myrick, Mr. Manzullo,
Mr. Sodrel, Mr. Hoekstra, Mr. Dent, Mr. Gerlach, Mr. Reichert, Mr.
Simmons, Mr. McCaul of Texas, Mr. Paul, Mr. Green of Wisconsin, Mr.
Bradley of New Hampshire, Mr. English of Pennsylvania, Mr. Schwarz of
Michigan, Mr. Shays, and Mr. Shimkus) introduced the following bill;
which was referred to the Committee on House Administration, and in
addition to the Committee on 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 that if a Member of
Congress is convicted of a felony, such Member shall not be eligible
for retirement benefits based on that individual's service as a Member,
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 ``Congressional Integrity and Pension
Forfeiture Act of 2005''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) Members of Congress pledge to uphold the Constitution
and the laws of the United States;
(2) Members of Congress are elected to serve in the public
trust and pledge to uphold the public trust;
(3) a breach of the public trust by a Member of Congress is
a serious offense that should have serious consequences; and
(4) taxpayers should not pay for the retirement benefits of
Members of Congress who have been convicted of a felony.
SEC. 3. FORFEITURE.
(a) Civil Service Retirement System.--Section 8332 of title 5,
United States Code, is amended by adding at the end the following:
``(o)(1) Notwithstanding any other provision of this subchapter,
the service of an individual finally convicted of an offense described
in paragraph (2) shall not, if or to the extent rendered as a Member
(irrespective of when rendered), be taken into account for purposes of
this subchapter. Any such individual (or other person determined under
section 8342(c), if applicable) shall be entitled to be paid so much of
such individual's lump-sum credit as is attributable to service to
which the preceding sentence applies.
``(2)(A) An offense described in this paragraph is any offense
described in subparagraph (B) for which the following apply:
``(i) The offense is committed by the individual (referred
to in paragraph (1)) while a Member.
``(ii) The conduct on which the offense is based is
directly related to the individual's service as a Member.
``(iii) The offense is committed after the date of
enactment of this Act.
``(B) The offenses described in this subparagraph are as follows:
``(i) An offense within the purview of section 201 (bribery
of public officials and witnesses), 203 (compensation to
Members of Congress, officers, and others in matters affecting
the Government), 204 (practice in United States Court of
Federal Claims or the United States Court of Appeals for the
Federal Circuit by Members of Congress), 207 (restriction on
former officers, employees, and elected officials of the
executive and legislative branches, 219 (officers and employees
acting as agents of foreign principals), 286 (conspiracy to
defraud the Government with respect to claims), 287 (false,
fictitious or fraudulent claims), 371 (conspiracy to commit
offense or to defraud the United States), 597 (expenditures to
influence voting), 599 (promise of appointment by candidate),
602 (solicitation of political contributions), 606
(intimidation to secure political contributions), 607 (place of
solicitation), 641 (public money, property or records), 1001
(statements or entries generally), 1341 (frauds and swindles),
1343 (fraud by wire, radio, or television), 1503 (influencing
or injuring officer or juror), 1951 (interference with commerce
by threats or violence), 1952 (interstate and foreign travel or
transportation in aid of racketeering enterprises), or 1962
(prohibited activities) of title 18 or section 7201 of the
Internal Revenue Code of 1986 (attempt to evade or defeat tax).
``(ii) Perjury committed under the statutes of the United
States in falsely denying the commission of an act which
constitutes an offense within the purview of a statute named by
clause (i).
``(iii) Subornation of perjury committed in connection with
the false denial of another individual as specified by clause
(ii).
``(3) An individual convicted of an offense described in paragraph
(2) shall not, after the date of the final conviction, be eligible to
participate in the retirement system under this subchapter while
serving as a Member.
``(4) Except as provided in paragraph (5), the Office shall
prescribe such regulations as may be necessary to carry out this
subsection, including provisions under which interest on any lump-sum
payment under the second sentence of paragraph (1) shall be limited in
a manner similar to that specified in the last sentence of section
8316(b).
``(5) The Executive Director (within the meaning of section
8401(13)) shall prescribe such regulations as may be necessary to carry
out the purposes of this subsection with respect to the Thrift Savings
Plan. Regulations under this paragraph shall include provisions
requiring the return of all vested amounts which are attributable to
periods of service rendered by the individual as a Member (as described
in paragraph (1)).
``(6) Nothing in this subsection shall restrict any authority under
subchapter II or any other provision of law to deny or withhold
benefits authorized by statute.
``(7) For purposes of this subsection, the term `Member' has the
meaning given such term by section 2106, notwithstanding section
8331(2).''.
(b) Federal Employees' Retirement System.--Section 8411 of title 5,
United States Code, is amended by adding at the end the following:
``(i)(1) Notwithstanding any other provision of this chapter, the
service of an individual finally convicted of an offense described in
paragraph (2) shall not, if or to the extent rendered as a Member
(irrespective of when rendered), be taken into account for purposes of
this chapter. Any such individual (or other person determined under
section 8424(d), if applicable) shall be entitled to be paid so much of
such individual's lump-sum credit as is attributable to service to
which the preceding sentence applies.
``(2) An offense described in this paragraph is any offense
described in section 8332(o)(2)(B) for which the following apply:
``(A) The offense is committed by the individual (referred
to in paragraph (1)) while a Member.
``(B) The conduct on which the offense is based is directly
related to the individual's service as a Member.
``(C) The offense is committed after the date of enactment
of this Act.
``(3) An individual finally convicted of an offense described in
paragraph (2) shall not, after the date of the conviction, be eligible
to participate in the retirement system under this chapter while
serving as a Member.
``(4) Except as provided in paragraph (5), the Office shall
prescribe such regulations as may be necessary to carry out this
subsection, including provisions under which interest on any lump-sum
payment under the second sentence of paragraph (1) shall be limited in
a manner similar to that specified in the last sentence of section
8316(b).
``(5) The Executive Director shall prescribe such regulations as
may be necessary to carry out the purposes of this subsection with
respect to the Thrift Savings Plan. Regulations under this paragraph
shall include provisions requiring the return of all vested amounts
which are attributable to periods of service rendered by the individual
as a Member (as described in paragraph (1)).
``(6) Nothing in this subsection shall restrict any authority under
subchapter II of chapter 83 or any other provision of law to deny or
withhold benefits authorized by statute.
``(7) For purposes of this subsection, the term `Member' has the
meaning given such term by section 2106, notwithstanding section
8401(20).''.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR H11511)
Referred to the Committee on House Administration, and in addition to the Committee on 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.
Referred to the Committee on House Administration, and in addition to the Committee on 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.
Referred to the Committee on House Administration, and in addition to the Committee on 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.
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