What This Bill Does
This bill stops Congress members from earning new retirement benefits under two federal retirement systems, starting when the bill becomes law. Congress members can still participate in the Thrift Savings Plan (a retirement savings account that federal employees can use). The bill protects retirement benefits that Congress members already earned before this law takes effect.
Who It Affects
Congress members (both current and future), except the Vice President. Federal agencies that manage retirement benefits for Congress members. The Department of Labor and the Executive Director overseeing retirement accounts.
Key Provisions
• Congress members cannot earn new retirement benefits under the Civil Service Retirement System starting on the bill's
What Changes
Congress members stop earning new pension (a regular payment after retirement) benefits immediately upon the bill's enactment. No government money goes toward new retirement benefits for Congress members under these two systems going forward. Congress members who were already covered can opt to keep their old benefits within 90 days.
Important Definitions
The bill defines "Member" as Congress members but excludes the Vice President (Sec. 2 and Sec. 3). The bill does not define other key terms.
Effective Date
The date the bill becomes law, described as "the date of enactment of this section" (Sec. 2 and Sec. 3).
II
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 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
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•S 87 IS
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 of any Member with respect to any period
20
before 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
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•S 87 IS
‘‘(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; and
4
‘‘(2) with respect to matters relating to the
5
Thrift Savings Plan, be prescribed by the Executive
6
Director (as defined under section 8401).
7
‘‘(e) EXCLUSION.—For purposes of this section, the
8
term ‘Member’ does not include the Vice President.
9
‘‘(f) OPT-IN.—Not later than 90 days after the date
10
of enactment of this section, a Member covered by this
11
subchapter as of such date of enactment may elect, by giv-
12
ing notice in writing to the official that disburses the pay
13
of such Member, to remain subject to this subchapter.’’.
14
(b) CLERICAL AMENDMENT.—The table of sections
15
for chapter 83 of title 5, United States Code, is amended
16
by inserting after the item relating to section 8335 the
17
following:
18
‘‘8335A. Termination of further retirement coverage of Members of Congress.’’.
SEC. 3. AMENDMENTS RELATING TO THE FEDERAL EM-
19
PLOYEES RETIREMENT SYSTEM.
20
(a) IN GENERAL.—Subchapter II of chapter 84 of
21
title 5, United States Code, is amended by inserting after
22
section 8425 the following:
23
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•S 87 IS
‘‘§ 8426. 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) in the case of an individual who first be-
6
comes a Member before such date of enactment,
7
subject to subsection (f)—
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
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•S 87 IS
‘‘(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 of any Member with respect to any period
4
before the date of enactment of this section.
5
‘‘(c) RIGHT TO PARTICIPATE IN THRIFT SAVINGS
6
PLAN NOT AFFECTED.—Nothing in subsection (a) shall
7
affect the eligibility of a Member to participate in the
8
Thrift Savings Plan in accordance with otherwise applica-
9
ble 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; and
16
‘‘(B) with respect to matters relating to
17
the Thrift Savings Plan, be prescribed by the
18
Executive Director.
19
‘‘(2) REFUNDS.—Notwithstanding subsection
20
(b), the regulations under paragraph (1)(A) shall, in
21
the case of a Member who has not completed at
22
least 5 years of civilian service creditable under sec-
23
tion 8411 as of the date of enactment of this sec-
24
tion, provide that the lump-sum credit shall be pay-
25
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•S 87 IS
able to such Member to the same extent and in the
1
same manner as if such Member satisfied para-
2
graphs (1) through (4) of section 8424(a) as of such
3
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 that disburses the pay of
10
such Member, to remain subject to this chapter.’’.
11
(b) CLERICAL AMENDMENT.—The table of sections
12
for chapter 84 of title 5, United States Code, is amended
13
by inserting after the item relating to section 8425 the
14
following:
15
‘‘8426. Termination of further retirement coverage of Members of Congress.’’.
SEC. 4. CONFORMING AMENDMENT TO TSP.
16
Section 8431(a) of title 5, United States Code, is
17
amended by inserting ‘‘except as provided in section
18
8335A(c) and section 8426(c),’’ after ‘‘subchapter,’’.
19
Æ
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