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117TH CONGRESS
1ST SESSION H. R. 1359
To allow Members of Congress to opt out of the Federal Employees Retire-
ment System, and allow Members who opt out of the Federal Employees
Retirement System to continue to participate in the Thrift Savings Plan.
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 allow Members of Congress to opt out of the Federal
Employees Retirement System, and allow Members who
opt out of the Federal Employees Retirement System
to continue to participate in the Thrift Savings Plan.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Members of Congress
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Pension Opt Out Clarification Act’’.
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SEC. 2. MAKING FERS OPTIONAL FOR MEMBERS.
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(a) IN GENERAL.—
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•HR 1359 IH
(1) AMENDMENT.—Section 8401(20) of title 5,
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United States Code, is amended by striking ‘‘, and
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who (in the case’’ and all that follows through
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‘‘2004’’.
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(2) APPLICABILITY.—The amendment made by
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paragraph (1) shall apply with respect to an indi-
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vidual who first serves as a Member of the House
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of Representatives, including a Delegate or Resident
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Commissioner to the Congress, on or after the date
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of enactment of this Act.
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(b) CONTINUED PARTICIPATION IN TSP.—
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(1) AMENDMENT.—Section 8401(20) of title 5,
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United States Code, as amended by subsection (a),
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is further amended—
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(A) by striking ‘‘term ‘Member’ has’’ and
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inserting the following: ‘‘term ‘Member’—
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‘‘(A) has’’;
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(B) by inserting ‘‘, subject to subpara-
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graph (B),’’ after ‘‘except that’’;
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(C) by adding ‘‘and’’ after the semicolon at
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the end; and
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(D) by adding at the end the following:
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‘‘(B) for purposes of subchapter III, has the
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same meaning as provided in section 2106, without
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regard to whether the individual elects not to partici-
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•HR 1359 IH
pate in the Federal Employees’ Retirement Sys-
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tem;’’.
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(2) CONFORMING AMENDMENT TO TSP.—Sec-
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tion 8431(a) of title 5, United States Code, is
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amended by inserting ‘‘except as provided in section
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8401(20)(B),’’ after ‘‘subchapter,’’.
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(3) APPLICABILITY.—The amendments made
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by this subsection shall apply with respect to an in-
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dividual who makes an election described in section
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8401(20) of title 5, United States Code, not to par-
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ticipate in the Federal Employees’ Retirement Sys-
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tem before, on, or after the date of enactment of this
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Act.
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Æ
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