Congressional Pension Forfeiture Act of 2006 - Requires the Office of Personnel and Management (OPM) to prescribe regulations that prohibit eligibility in the governmental retirement system for a Member convicted of certain felony offenses in which: (1) every act or omission of such individual that is needed to satisfy the elements of the offense occurs while the individual is a Member; (2) such act or omission relates to the performance of the individual's official duties as a Member; and (3) the offense is committed after the enactment of this Act. Requires refund of annuity contributions and deposits, excluding interest earned, to a convicted individual.
Defines Member as the Vice President, a member of the Senate or the House of Representatives, a Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6172 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 6172
To amend title 5, United States Code, to deny retirement benefits to
any Member of Congress convicted of a criminal offense involving abuse
of the public trust.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 25, 2006
Mr. Kirk (for himself, Mr. Shadegg, Mr. Platts, Mr. Fitzpatrick of
Pennsylvania, Mr. Davis of Kentucky, Mr. Dent, Mr. Shimkus, Mrs.
Biggert, Mr. English of Pennsylvania, Mr. Simmons, Mr. Reichert, Mr.
Gerlach, Mr. Bradley of New Hampshire, Mr. Paul, Mr. Herger, Mr.
Porter, and Mr. Kennedy of Minnesota) introduced the following bill;
which was referred to the Committee on House Administration, and in
addition to the Committee on Government Reform, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To amend title 5, United States Code, to deny retirement benefits to
any Member of Congress convicted of a criminal offense involving abuse
of the public trust.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congressional Pension Forfeiture Act
of 2006''.
SEC. 2. LOSS OF PENSIONS ACCRUED DURING SERVICE AS A MEMBER OF CONGRESS
FOR ABUSING THE PUBLIC TRUST.
(a) Civil Service Retirement System.--Section 8332 of title 5,
United States Code, is amended by adding at the end the following:
``(o)(1) Notwithstanding any other provision of this subchapter,
the service of an individual finally convicted of an offense described
in paragraph (2) shall not be taken into account for purposes of this
subchapter, except that this sentence applies only to service rendered
as a Member (irrespective of when rendered). Any such individual (or
other person determined under section 8342(c), if applicable) shall be
entitled to be paid so much of such individual's lump-sum credit as is
attributable to service to which the preceding sentence applies.
``(2)(A) An offense described in this paragraph is any offense
described in subparagraph (B) for which the following apply:
``(i) Every act or omission of the individual (referred to
in paragraph (1)) that is needed to satisfy the elements of the
offense occurs while the individual is a Member.
``(ii) Every act or omission of the individual that is
needed to satisfy the elements of the offense directly relates
to the performance of the individual's official duties as a
Member.
``(iii) The offense is committed after the date of
enactment of this subsection.
``(B) An offense described in this subparagraph is only the
following, and only to the extent that the offense is a felony under
title 18:
``(i) An offense under section 201 of title 18 (bribery of
public officials and witnesses).
``(ii) An offense under section 219 of title 18 (officers
and employees acting as agents of foreign principals).
``(iii) An offense under section 371 of title 18
(conspiracy to commit offense or to defraud United States) to
the extent of any conspiracy to commit an act which constitutes
an offense under clause (i) or (ii).
``(3) An individual convicted of an offense described in paragraph
(2) shall not, after the date of the final conviction, be eligible to
participate in the retirement system under this subchapter or chapter
84 while serving as a Member.
``(4) The Office of Personnel Management shall prescribe any
regulations necessary to carry out this subsection. Such regulations
shall include--
``(A) provisions under which interest on any lump-sum
payment under the second sentence of paragraph (1) shall be
limited in a manner similar to that specified in the last
sentence of section 8316(b); and
``(B) provisions under which the Office may provide for--
``(i) the payment, to the spouse or children of any
individual referred to in the first sentence of
paragraph (1), of any amounts which (but for this
clause) would otherwise have been nonpayable by reason
of such first sentence, but only to the extent that the
application of this clause is considered necessary
given the totality of the circumstances; and
``(ii) an appropriate adjustment in the amount of
any lump-sum payment under the second sentence of
paragraph (1) to reflect the application of clause (i).
``(5) For purposes of this subsection--
``(A) the term `Member' has the meaning given such term by
section 2106, notwithstanding section 8331(2); and
``(B) the term `child' has the meaning given such term by
section 8341.''.
(b) Federal Employees' Retirement System.--Section 8411 of title 5,
United States Code, is amended by adding at the end the following:
``(l)(1) Notwithstanding any other provision of this chapter, the
service of an individual finally convicted of an offense described in
paragraph (2) shall not be taken into account for purposes of this
chapter, except that this sentence applies only to service rendered as
a Member (irrespective of when rendered). Any such individual (or other
person determined under section 8424(d), if applicable) shall be
entitled to be paid so much of such individual's lump-sum credit as is
attributable to service to which the preceding sentence applies.
``(2) An offense described in this paragraph is any offense
described in section 8332(o)(2)(B) for which the following apply:
``(A) Every act or omission of the individual (referred to
in paragraph (1)) that is needed to satisfy the elements of the
offense occurs while the individual is a Member.
``(B) Every act or omission of the individual that is
needed to satisfy the elements of the offense directly relates
to the performance of the individual's official duties as a
Member.
``(C) The offense is committed after the date of enactment
of this subsection.
``(3) An individual finally convicted of an offense described in
paragraph (2) shall not, after the date of the conviction, be eligible
to participate in the retirement system under this chapter while
serving as a Member.
``(4) The Office of Personnel Management shall prescribe any
regulations necessary to carry out this subsection. Such regulations
shall include--
``(A) provisions under which interest on any lump-sum
payment under the second sentence of paragraph (1) shall be
limited in a manner similar to that specified in the last
sentence of section 8316(b); and
``(B) provisions under which the Office may provide for--
``(i) the payment, to the spouse or children of any
individual referred to in the first sentence of
paragraph (1), of any amounts which (but for this
clause) would otherwise have been nonpayable by reason
of such first sentence, but only to the extent that the
application of this clause is considered necessary
given the totality of the circumstances; and
``(ii) an appropriate adjustment in the amount of
any lump-sum payment under the second sentence of
paragraph (1) to reflect the application of clause (i).
``(5) For purposes of this subsection--
``(A) the term `Member' has the meaning given such term by
section 2106, notwithstanding section 8401(20); and
``(B) the term `child' has the meaning given such term by
section 8341.''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on House Administration, and in addition to the Committee on Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on House Administration, and in addition to the Committee on Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on House Administration, and in addition to the Committee on Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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