Members of Congress Pension Opt Out Clarification Act

IC 116TH CONGRESS 1ST SESSION S. 439 IN THE HOUSE OF REPRESENTATIVES DECEMBER 23, 2019 Referred to the Committee on House Administration, and in addition to the Committee on Oversight and Reform, for a period to be subsequently de- termined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned AN ACT 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- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 21:15 Dec 23, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S439.RFH S439 pamtmann on DSKBC07HB2PROD with BILLS 2 S 439 RFH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Members of Congress 2 Pension Opt Out Clarification Act’’. 3 SEC. 2. MAKING FERS OPTIONAL FOR MEMBERS. 4 (a) IN GENERAL.— 5 (1) AMENDMENT.—Section 8401(20) of title 5, 6 United States Code, is amended by striking ‘‘, and 7 who (in the case’’ and all that follows through 8 ‘‘2004’’. 9 (2) APPLICABILITY.—The amendment made by 10 paragraph (1) shall apply with respect to an indi- 11 vidual who first serves as a Member of the House 12 of Representatives, including a Delegate or Resident 13 Commissioner to the Congress, on or after the date 14 of enactment of this Act. 15 (b) CONTINUED PARTICIPATION IN TSP.— 16 (1) AMENDMENT.—Section 8401(20) of title 5, 17 United States Code, as amended by subsection (a), 18 is further amended— 19 (A) by striking ‘‘term ‘Member’ has’’ and 20 inserting the following: ‘‘term ‘Member’— 21 ‘‘(A) has’’; 22 (B) by inserting ‘‘, subject to subpara- 23 graph (B),’’ after ‘‘except that’’; 24 (C) by adding ‘‘and’’ after the semicolon at 25 the end; and 26 VerDate Sep 11 2014 21:15 Dec 23, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S439.RFH S439 pamtmann on DSKBC07HB2PROD with BILLS 3 S 439 RFH (D) by adding at the end the following: 1 ‘‘(B) for purposes of subchapter III, has the 2 same meaning as provided in section 2106, without 3 regard to whether the individual elects not to partici- 4 pate in the Federal Employees’ Retirement Sys- 5 tem;’’. 6 (2) CONFORMING AMENDMENT TO TSP.—Sec- 7 tion 8431(a) of title 5, United States Code, is 8 amended by inserting ‘‘except as provided in section 9 8401(20)(B),’’ after ‘‘subchapter,’’. 10 (3) APPLICABILITY.—The amendments made 11 by this subsection shall apply with respect to an in- 12 dividual who makes an election described in section 13 8401(20) of title 5, United States Code, not to par- 14 ticipate in the Federal Employees’ Retirement Sys- 15 tem before, on, or after the date of enactment of this 16 Act. 17 Passed the Senate December 19, 2019. Attest: JULIE E. ADAMS, Secretary. VerDate Sep 11 2014 21:15 Dec 23, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S439.RFH S439 pamtmann on DSKBC07HB2PROD with BILLS