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A photo of Rep. Suhas Subramanyam, D-Va. gettyimages.com / Tom Williams

‘No pensions for predators’: New push would stop ousted members of Congress from collecting 5-figure retirement benefits

A bipartisan group in Congress is hoping to ensure that former members who resign due to ethical violations don't continue to receive payments once they're eligible for their pensions.

The bill, introduced last week, would prohibit members of Congress from receiving pensions if they are convicted of specific crimes, including rape, sexual assault, theft, and campaign finance violations. (1)

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In addition, members of Congress who have sex with members of their staff would not receive pensions, even if a crime was not committed.

Currently, all Congress members who serve for more than five years begin receiving pension payments at the age of 62. Members of Congress only lose their pensions if they are convicted of a federal crime relating to national security offenses, including public corruption, espionage, and treason.

"Members of Congress should be held to a high standard and serve as an example to their constituents, not embarrass the institution with criminal behavior and sex crimes," said Suhas Subramanyam (D-VA), one of the six sponsors of the bill in a statement. (2) "Taxpayers should not have to pay pensions to Members who commit heinous crimes while serving in office, but right now we do. This bill changes that and provides real accountability."

Joining him are Reps. Anna Paulina Luna (R-FL), Lauren Boebert (R-CO), Emily Randall (D-WA), Nancy Mace (R-SC), and James Walkinshaw (D-VA).

The bill isn't the first to crop up. Earlier this month, Sen. Josh Hawley (R.-Mo) introduced the "No Pensions for Congressional Predators Act," which would prohibit members of Congress convicted of felony sex crimes from receiving their federal pensions. (3)

"Right now, a member of Congress can be convicted of sexual abuse and still receive a taxpayer-funded pension — that is unacceptable," said Hawley in a statement.

High profile departures

The new bill comes on the heels of a pair of high-profile departures from the U.S. House of Representatives. Eric Swalwell, a California Democrat, and Tony Gonzales, a Texas Republican, both left amid scandal.

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Swalwell is accused of sexually assaulting a former staffer, which he has denied. Gonzales has acknowledged an affair with a member of his staff who later died after setting herself on fire. (Sexual relationships between House members and their staff are prohibited.)

Swalwell served for more than 13 years and Gonzales for more than five. That makes them both eligible for pensions. The National Taxpayers Union Foundation estimates Swalwell could collect $22,000 per year, while Gonzales could receive $15,000 per year. (4)

On average, congressional pensions total about $45,000 annually, with total costs estimated at roughly $38 million each year.

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Pension protections

The fate of either bill is uncertain. Pensions are increasingly rare in today's world, but the ones that have survived tend to be protected forms of retirement. Nearly two-thirds of U.S. workers born in the 1920s through the 1940s had pensions. Today that number is down to 6%. (5)

Some experts have pointed to possible grey areas, such as consensual interoffice relationships and the fact that both bills are largely limited to sexual abuse and not other misconduct. (6)

Either bill would need to pass through both chambers of Commerce to go into effect, as well as whatever subcommittees to which they are referred.

Article Sources

We rely only on vetted sources and credible third-party reporting. For details, see our ethics and guidelines.

Office of Suhas Subramanyam (1),(2); Office of Josh Hawley (3); National Taxpayers Union Foundation (4); Center for Retirement Research at Boston College (5); The Washington Post (6)

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Chris Morris is a veteran journalist with more than 35 years of experience, the majority of which were spent with some of the Internet’s biggest sites, including CNNMoney.com, where he was director of content development, and Yahoo! Finance, where he was managing editor. His work has also appeared on Fortune, Fast Company, Inc., CNBC.com, AARP, Nasdaq.com, and Voice of America, as well as dozens of other national publications.

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