Congressional Pension Accountability Act

“8333a. Expulsion from Congress

“(a) Noncreditability of member service—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 subchapter.

“(b) Refund of contributions and deposits—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 8342.

“(c) Amounts properly paid not affected—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.

“(d) Coordination provision—Nothing in this section shall be considered to supersede or otherwise affect the application of subchapter II.

“(e) Regulations—The Office of Personnel Management shall prescribe any regulations necessary to carry out the purposes of this section.”

“8410a. Expulsion from Congress

“(a) Noncreditability of member service—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.

“(b) Refund of contributions and deposits—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.

“(c) Amounts properly paid not affected—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.

“(d) Forfeiture of government contributions to thrift savings plan—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.

“(e) Coordination provision—Nothing in this section shall be considered to supersede or otherwise affect the application of subchapter II of chapter 83.

“(f) Definition—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.

“(g) Regulations—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).”