Former Lawmakers Eligible for Pensions Despite Resignations Amid Allegations

Two former U.S. congressmen who resigned from the House ahead of possible expulsion votes are eligible for pensions upon reaching age 62, having served more than five years. One, a Texas Republican who served over five years, could receive nearly $15,000 annually, according to estimates from the nonpartisan National Taxpayers Union Foundation.

The other former lawmaker faced allegations of misconduct, which he denied. House rules prohibit sexual relationships between members and staff. A third House member who resigned recently is not eligible for a pension, having served fewer than five years, and faced allegations of misusing federal funds for a campaign.

A bipartisan group of lawmakers introduced a bill last week to prohibit congressional pensions for members convicted of crimes like rape, sexual assault, theft, or campaign finance violations. The bill would also allow pension forfeiture if Congress determines a member had sex with staff, even without a criminal conviction.

Under existing law, pensions can be lost only for convictions related to public corruption, espionage, treason, or certain national security offenses. Rep. Suhas Subramanyam (D-Virginia), who introduced the bill, stated it was baffling that lawmakers committing crimes in office could still receive taxpayer-funded pensions.

The legislation's prospects remain uncertain. Another proposal seeks to add felony sex crimes to the list of offenses resulting in pension loss, described as a way to signal intolerance for such conduct.

Some observers expressed concerns that the House bill could strip pensions for consensual relationships with subordinates, which might lead to job loss but not typically pension forfeiture in other sectors. Andrew Biggs, a senior fellow at the American Enterprise Institute specializing in pensions, noted that while not endorsing the behavior, pension loss over it would be unusual.

Pension plans provide lifetime income based on salary and tenure but have become rarer in the private sector, where 401(k) accounts are more common. In the public sector, pensions often include misconduct-based restrictions, typically requiring a criminal conviction.

The Manhattan district attorney’s office confirmed an investigation into a sexual assault accusation against one former lawmaker related to an alleged New York encounter.

2023, Congress expelled a lawmaker for alleged crimes and ethical lapses, later passing legislation making pensions ineligible for those convicted of public corruption crimes. An unsuccessful bill at the time sought to limit pensions for expelled lawmakers regardless of circumstances.

House Speaker Mike Johnson (R-Louisiana) has indicated openness to tightening rules but did not comment on specific legislation. Senate Majority Leader John Thune (R-South Dakota) did not respond to requests for comment on related bills. Experts highlight that public plans often tie forfeiture to convictions, differing from some private sector protections.