Should retired federal employees or members of Congress who are convicted of sex crimes be allowed to collect a federal pension? Several Senators think the answer should be “no.”
Senator Joni Ernst (R-IA) recently introduced the No Taxpayer-Funded Pensions for Sex Criminals Act (S. 4447), legislation that would prohibit sex offenders from collecting a pension from the federal government. Senators Kirsten Gillibrand (D-NY), Rick Scott (R-FL) and Mike Crapo (R-ID) are co-sponsors.
Under current law, federal employees convicted of sex crimes, including those involving children, are eligible to collect their pensions while incarcerated. The Senators introduced the legislation to put a stop to that.
Ernst introduced a 2024 bill of the same name that ultimately failed to become law.
Ernst, who is a sexual assault survivor herself, said in a statement, “Allowing proven predators to continue collecting their pensions on the taxpayer’s dime only serves to greenlight unacceptable behavior, and I won’t stand for it. My commonsense, bipartisan bill imposes consequences for sex offenders, prevents abuse in the workplace, and safeguards taxpayer dollars.”
Gillibrand added, “It’s outrageous that federal employees convicted of sex crimes are eligible to collect their taxpayer-funded pension. The bipartisan No Taxpayer-Funded Pensions for Sex Criminals Act ensures that no hard-earned taxpayer dollars are spent supporting criminal sex offenders. I’m proud to support this commonsense bill that will provide much-needed accountability.”
The bill has been introduced in response to news reports about Rep. Eric Swalwell (D-CA), who recently resigned from Congress and suspended his campaign for governor of California over allegations of sexual misconduct.
Under current law, Swalwell would likely get to keep his taxpayer-funded federal pension and federal healthcare benefits even if he is found guilty. It is estimated that his pension would be over $22,000 per year.
Members of Congress who serve for at least five years are eligible for a FERS pension, the same retirement system that applies to federal employees (the Federal Employees Retirement System).
According to the National Taxpayers Union Foundation (NTUF), pensions can be stripped for certain convictions of corruption-related offenses brought about by laws passed in 2007, 2012, and 2024. However, allegations, ethics violations, and resigning from office do not directly impact eligibility to collect a pension.
Treason-related offenses are another category of crimes that can bar federal employees from collecting their pensions. Under the “Hiss Act,” Members of Congress and federal employees will forfeit their entire federal annuities if convicted of a federal crime that relates to espionage, treason, sabotage, or several other national security offenses against the United States.
One Former Federal Employee’s High Profile Federal Pension Controversy
One of the more high-profile cases involving a federal employee who was convicted of heinous sex crimes but initially still able to collect a federal pension took place several years ago.
Dr. Stanley Patrick Weber, a former pediatrician with the Indian Health Service, was convicted to 18 years in federal prison for molesting children while he worked at the agency. Despite the conviction, he was slated to continue collecting a pension of about $100,000 per year which could have amounted to about $2 million over the course of his prison term.
Although it is normally very unusual for a federal employee to be stripped of his or her federal pension, the outcry over the case involving Weber was so great that it led to a board of inquiry by the Public Health Service that stripped his pension.
Congressman Dusty Johnson’s (R-SD) office issued a press release on March 16, 2021, summarizing the case:
The Indian Health Service (IHS) announced they will be stripping former Capt. (ret.) Stanley Patrick Weber of his federal pension and benefits. This announcement comes after a U.S. Public Health Service Commissioned Corps Board of Inquiry completed its review of Mr. Weber, who was convicted of multiple felony charges of aggravated sexual assault of minors while he was on active duty as an officer of the U.S. Public Health Service and assigned to IHS.
In July 2020, U.S. Representatives Dusty Johnson (R-SD) and Greg Gianforte (R-MT) urged an expedient review of Weber’s heinous crimes and swift removal of all federal benefits. Weber’s pension was estimated to be worth more than $100,000 a year.
“It’s disturbing someone like Mr. Weber would continue to receive a federal pension after what he put so many innocent children through,” said Johnson. “I’m grateful HHS and IHS took my request seriously and revoked his pension. There’s not much solace to offer in a situation like this, but I hope everyone rests easier knowing this monster isn’t receiving a government check every month and is behind bars where he belongs. A little more justice was served today.”
