Congressional Pension Accountability Act

Subchapter III of chapter 83 of title 5, United States Code, is amended by inserting after section 8333 the following:

If an individual is expelled from Congress, all Member service previously performed by such individual shall be noncreditable for purposes of determining eligibility for an annuity which would otherwise be payable under this subchapter based on the service of such individual.

If an individual resigns from Congress and prior to such resignation an investigative subcommittee of the Committee on Ethics of the House of Representatives or the Select Committee on Ethics of the Senate adopts, by a majority vote of its members, a Statement of Alleged Violation upon a determination that there is substantial reason to believe that a violation of the Code of Official Conduct, or of a law, rule, regulation, or other standard of conduct applicable to the performance of official duties or the discharge of official responsibilities by a Member, officer, or employee of the House of Representatives has occurred with respect to the individual, all Member service previously performed by such individual shall be noncreditable for purposes of determining eligibility for an annuity which would otherwise be payable under this subchapter based on the service of such individual.

If an individual’s Member service becomes noncreditable by operation of subsection (a), that portion of such individual’s lump-sum credit which is attributable to such Member service (less any amount previously refunded or paid as annuity benefits) shall, on proper application, be payable to such individual or, if deceased, to the appropriate person determined under section 8342.

An individual whose Member service is made noncreditable by reason of subsection (a) is not thereafter required to repay any part of an annuity under this subchapter otherwise properly paid to such individual before the date of the expulsion, if any.

The Committee on Ethics of the House of Representatives or the Select Committee on Ethics of the Senate, as the case may be, shall preserve all documents and investigative materials related to any violations or alleged violations described in subsection (a)(2).

The issuance of a pardon or the commutation of any criminal sentence by the President with respect to an individual whose annuity was forfeited under this section shall not restore or otherwise provide such annuity to such individual.

The Office of Personnel Management shall prescribe any regulations necessary to carry out the purposes of this section.

The analysis for chapter 83 of title 5, United States Code, is amended by inserting after the item relating to section 8333 the following:

Chapter 84 of title 5, United States Code, is amended by inserting after section 8410 the following:

If an individual is expelled from Congress, all Member service previously performed by such individual shall be noncreditable for purposes of determining eligibility for or the amount of any annuity which might otherwise be payable out of the Fund based on the service of such individual under this chapter.

If an individual resigns from Congress and prior to such resignation an investigative subcommittee of the Committee on Ethics of the House of Representatives or the Select Committee on Ethics of the Senate adopts, by a majority vote of its members, a Statement of Alleged Violation upon a determination that there is substantial reason to believe that a violation of the Code of Official Conduct, or of a law, rule, regulation, or other standard of conduct applicable to the performance of official duties or the discharge of official responsibilities by a Member, officer, or employee of the House of Representatives has occurred with respect to the individual, all Member service previously performed by such individual shall be noncreditable for purposes of determining eligibility for an annuity which would otherwise be payable under this subchapter based on the service of such individual.

If an individual’s Member service becomes noncreditable by reason of subsection (a), that portion of such individual’s lump-sum credit which is attributable to such Member service (less any amount previously refunded or paid as annuity benefits) shall, on proper application, be payable to such individual or, if deceased, to the appropriate person determined under section 8424.

An individual whose Member service is made noncreditable by reason of subsection (a) is not thereafter required to repay any part of an annuity under this chapter otherwise properly paid to such individual before the date of the expulsion, if any.

If an individual’s Member service becomes noncreditable by reason of subsection (a), all contributions made by the Government for the benefit of that individual under section 8432(c) while that individual was performing Member service, and all earnings attributable to such contributions, shall be forfeited.

The Committee on Ethics of the House of Representatives or the Select Committee on Ethics of the Senate, as the case may be, shall preserve all documents and investigative materials related to any violations or alleged violations described in subsection (a)(2).

The issuance of a pardon or the commutation of any criminal sentence by the President with respect to an individual whose annuity was forfeited under this section shall not restore or otherwise provide such annuity to such individual.

The Office of Personnel Management shall prescribe any regulations necessary to carry out the purposes of this section, including provisions for the reduction or elimination of any payment under section 8421 and any other similar payment under this chapter supplemental to any annuity or survivor annuity reduced or eliminated under subsection (a).

For the purpose of this section, the term Member service means, in the case of an individual subject to this chapter, service performed by such individual as a Member (as defined by section 8331 or 8401), including the period from the date of the beginning of the term for which elected or appointed to the date on which he takes office as such a Member.

The analysis for chapter 84 of title 5, United States Code, is amended by inserting after the item relating to section 8410 the following: