EPIC Act

I 117TH CONGRESS 1ST SESSION H. R. 1358 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 HOUSE OF REPRESENTATIVES FEBRUARY 25, 2021 Mr. MASSIE introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committee on Oversight and Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the juris- diction of the committee concerned 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘End Pensions In Con- 4 gress Act’’ or the ‘‘EPIC Act’’. 5 VerDate Sep 11 2014 19:10 Apr 06, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1358.IH H1358 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 1358 IH SEC. 2. AMENDMENTS RELATING TO THE CIVIL SERVICE 1 RETIREMENT SYSTEM. 2 (a) IN GENERAL.—Subchapter III of chapter 83 of 3 title 5, United States Code, is amended by inserting after 4 section 8335 the following: 5 ‘‘§ 8335a. Termination of further retirement coverage 6 of Members of Congress 7 ‘‘(a) IN GENERAL.—Notwithstanding any other pro- 8 vision of this subchapter and subject to subsection (f), ef- 9 fective as of the date of enactment of this section— 10 ‘‘(1) a Member shall not be subject to this sub- 11 chapter for any further period of time; and 12 ‘‘(2) no further Government contributions or 13 deductions from basic pay may be made with respect 14 to such Member for deposit in the Treasury of the 15 United States to the credit of the Fund. 16 ‘‘(b) PRIOR RIGHTS NOT AFFECTED.—Nothing in 17 subsection (a) shall be considered to nullify, modify, or 18 otherwise affect any right, entitlement, or benefit under 19 this subchapter with respect to any Member covering any 20 period prior to the date of enactment of this section. 21 ‘‘(c) RIGHT TO PARTICIPATE IN THRIFT SAVINGS 22 PLAN NOT AFFECTED.—Nothing in subsection (a) shall 23 affect the eligibility of a Member to participate in the 24 Thrift Savings Plan in accordance with otherwise applica- 25 ble provisions of law. 26 VerDate Sep 11 2014 19:10 Apr 06, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1358.IH H1358 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 1358 IH ‘‘(d) REGULATIONS.—Any regulations necessary to 1 carry out this section may— 2 ‘‘(1) except with respect to matters under para- 3 graph (2), be prescribed by the Director of the Of- 4 fice of Personnel Management; and 5 ‘‘(2) with respect to matters relating to the 6 Thrift Savings Plan, be prescribed by the Executive 7 Director (as defined by section 8401(13)). 8 ‘‘(e) EXCLUSION.—For purposes of this section, the 9 term ‘Member’ does not include the Vice President. 10 ‘‘(f) OPT-IN.—Not later than 90 days after the date 11 of enactment of this section, a Member covered by this 12 subchapter as of such date of enactment may elect, by giv- 13 ing notice in writing to the official by whom such Member 14 is paid, to remain subject to this subchapter.’’. 15 (b) CLERICAL AMENDMENT.—The table of sections 16 at the beginning of chapter 83 of title 5, United States 17 Code, is amended by inserting after the item relating to 18 section 8335 the following: 19 ‘‘8335a. Termination of further retirement coverage of Members of Congress.’’. SEC. 3. AMENDMENTS RELATING TO THE FEDERAL EM- 20 PLOYEES RETIREMENT SYSTEM. 21 (a) IN GENERAL.—Subchapter II of chapter 84 of 22 title 5, United States Code, is amended by inserting after 23 section 8425 the following: 24 VerDate Sep 11 2014 19:10 Apr 06, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1358.IH H1358 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 1358 IH ‘‘§ 8425a. Termination of further retirement coverage 1 of Members of Congress 2 ‘‘(a) IN GENERAL.—Notwithstanding any other pro- 3 vision of this chapter, effective as of the date of enactment 4 of this section— 5 ‘‘(1) subject to subsection (f), in the case of an 6 individual who first becomes a Member before such 7 date of enactment— 8 ‘‘(A) such Member shall not be subject to 9 this chapter for any further period of time after 10 such date of enactment; and 11 ‘‘(B) no further Government contributions 12 or deductions from basic pay may be made with 13 respect to such Member for deposit in the 14 Treasury of the United States to the credit of 15 the Fund; and 16 ‘‘(2) in the case of an individual who first be- 17 comes a Member on or after such date of enact- 18 ment— 19 ‘‘(A) such Member shall not be subject to 20 this chapter; and 21 ‘‘(B) no Government contributions or de- 22 ductions from basic pay may be made with re- 23 spect to such Member for deposit in the Treas- 24 ury of the United States to the credit of the 25 Fund. 26 VerDate Sep 11 2014 19:10 Apr 06, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1358.IH H1358 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 1358 IH ‘‘(b) PRIOR RIGHTS NOT AFFECTED.—Nothing in 1 subsection (a) shall be considered to nullify, modify, or 2 otherwise affect any right, entitlement, or benefit under 3 this chapter with respect to any Member covering any pe- 4 riod prior to the date of enactment of this section. 5 ‘‘(c) RIGHT TO PARTICIPATE IN THRIFT SAVINGS 6 PLAN NOT AFFECTED.—Nothing in subsection (a) or (b) 7 shall affect the eligibility of a Member to participate in 8 the Thrift Savings Plan in accordance with otherwise ap- 9 plicable provisions of law. 10 ‘‘(d) REGULATIONS.— 11 ‘‘(1) IN GENERAL.—Any regulations necessary 12 to carry out this section may— 13 ‘‘(A) except with respect to matters under 14 subparagraph (B), be prescribed by the Direc- 15 tor of the Office of Personnel Management; and 16 ‘‘(B) with respect to matters relating to 17 the Thrift Savings Plan, be prescribed by the 18 Executive Director (as defined by section 19 8401(13)). 20 ‘‘(2) REFUNDS.—Notwithstanding subsection 21 (b), the regulations under paragraph (1)(A) shall, in 22 the case of a Member who has not completed at 23 least 5 years of civilian service as of the date of en- 24 actment of this section, provide that the lump-sum 25 VerDate Sep 11 2014 19:10 Apr 06, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1358.IH H1358 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 1358 IH credit shall be payable to such Member to the same 1 extent and in the same manner as if such Member 2 satisfied paragraphs (1) through (4) of section 3 8424(a) as of such date of enactment. 4 ‘‘(e) EXCLUSIONS.—For purposes of this section, the 5 term ‘Member’ does not include the Vice President. 6 ‘‘(f) OPT-IN FOR MEMBERS.—Not later than 90 days 7 after the date of enactment of this section, a Member cov- 8 ered by this chapter as of such date may elect, by giving 9 notice in writing to the official by whom such Member is 10 paid, to remain subject to this chapter.’’. 11 (b) CLERICAL AMENDMENT.—The table of sections 12 at the beginning of chapter 84 of title 5, United States 13 Code, is amended by inserting after the item relating to 14 section 8425 the following: 15 ‘‘8425a. Termination of further retirement coverage of Members of Congress.’’. Æ VerDate Sep 11 2014 19:10 Apr 06, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H1358.IH H1358 pamtmann on DSKBC07HB2PROD with BILLS