II
118THCONGRESS
1
STSESSION 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
JANUARY25, 2023
Mr. B
RAUN(for himself and Mr. SCOTTof 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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SEC. 2. AMENDMENTS RELATING TO THE CIVIL SERVICE 1
RETIREMENT SYSTEM. 2
(a) I
NGENERAL.—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) I
NGENERAL.—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) P
RIORRIGHTSNOTAFFECTED.—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) R
IGHTTOPARTICIPATE INTHRIFTSAVINGS 22
P
LANNOTAFFECTED.—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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‘‘(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) E
XCLUSION.—For purposes of this section, the 8
term ‘Member’ does not include the Vice President. 9
‘‘(f) O
PT-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) C
LERICALAMENDMENT.—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) I
NGENERAL.—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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‘‘§ 8426. Termination of further retirement coverage 1
of Members of Congress 2
‘‘(a) I
NGENERAL.—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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‘‘(b) PRIORRIGHTSNOTAFFECTED.—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) R
IGHTTOPARTICIPATE INTHRIFTSAVINGS 6
P
LANNOTAFFECTED.—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) R
EGULATIONS.— 11
‘‘(1) I
N 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) R
EFUNDS.—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) E
XCLUSIONS.—For purposes of this section, the 5
term ‘Member’ does not include the Vice President. 6
‘‘(f) O
PT-IN FORMEMBERS.—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) C
LERICALAMENDMENT.—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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