The news has been full of headlines of politicians behaving badly. Members of Congress facing allegations of inappropriate conduct or harassment have been forced to resign. A few of these allegations may yet be pursued as criminal cases. Should this continue, public outrage may compel lawmakers to consider ways to increase the penalty for such behavior perpetrated within the halls and offices of Congress — perhaps even by putting members’ pensions on the chopping block for more types of offenses.
However, any efforts to further tighten congressional pension laws could be in vain if Congress does not close a loophole that permits convicted lawmakers to continue to collect their generous retirement benefit. Even prior to this week’s developments, however, Rep. Claudia Tenney, R-N.Y., had introduced new legislation to close that loophole.
First, let’s dispense with a myth. Rep. John Conyers, Jr. stepped down after the disclosure of numerous accusations against him by former staffers. The New York Daily News reported a claim from an unnamed source that he was pressured to resign in order to avoid expulsion and the loss of his pension. First elected in 1965, Conyers is eligible for a pension up to $125,600.
However, the Daily News report was misleading. Expulsion from Congress has no impact on the disgraced member’s pension payout. The Congressional Research Service clarifies, “Whether a Member of Congress is expelled from Congress … is not relevant to the loss or retention of a pension, as the criminal conviction for a crime specified under the law controls whether the pension is lost.”
Even if criminal cases were to be brought against any current or future member pursuant to the harassment complaints, the charges might not fall under the existing 31 felonies that would cause a member to lose his or her pension.
Since 1954, public officials could lose their annuities for crimes of treason under the so-called Hiss Act. After public anger over a series of corruption cases involving high-profile representatives who all remained eligible for their pension, Congress enacted the Honest Leadership and Open Government Act of 2007. The law would deprive pensions for members who are “finally convicted” of certain crimes related to corruption. HLOGA was strengthened in 2012 by including additional crimes related to corruption and obstruction of justice that would result in loss of pension.
To date, two members have been convicted of felonies that should under the laws deprive them of their pensions. In December 2016, former Rep. Chaka Fattah, D-Penn., was sentenced to 10 years in prison for taking bribes and racketeering. In jail since January 25, he has appealed his sentence. Because of the open case, the Office of Personnel Management has determined that he has not been “finally convicted” and is still eligible for his public pension, estimated at $55,000 per year.
Nearly one year after Fattah’s conviction, Rep. Corrine Brown, D-Fla., was sentenced to five years in jail for using a phony charity (which was supposed to help underprivileged students) as a personal slush fund. Describing the actions of Brown and her two accomplices as “brazen,” the judge pronounced, “This was a crime born out of entitlement and greed committed to ensure a lifestyle that was beyond their means.” Brown has until January to surrender herself to jail. She has already vowed to appeal her case as far as she can, thus preserving her congressional pension. Based on her time in office, she is eligible for an annual benefit of $66,000.
Tenney’s bill, H.R. 4314, the No Pensions for Corrupt Politicians Act of 2017, would stop payment of congressional pensions upon the date of sentencing. If an appeal is subsequently successful, the member would receive payment of the funds that were withheld. The legislation currently has five cosponsors.
Closing this loophole would restore the intent of the ethics laws that have been passed to protect taxpayers from subsidizing the retirement of members who are guilty of serious criminal conduct in public office. Tenney is fast building a record of promoting the integrity of elected officials by introducing this reform.
Demian Brady is a contributor to the Washington Examiner’s Beltway Confidential blog. He is director of research at the National Taxpayers Union.
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