New Legislation to Deny Pensions to Convicted Sex Offenders
Two female senators from both major parties are putting forward a new bill aimed at preventing convicted sex offenders from obtaining taxpayer-funded pensions and retirement benefits.
Senators Joni Ernst (R-Iowa) and Kirsten Gillibrand (D-N.Y.) have collaborated on what’s called the No Taxpayer Pensions for Sex Offenders Act, a response to recent allegations of rape and sexual misconduct that led to the resignation of Rep. Eric Swalwell (D-Calif.) last month.
Ernst, a survivor of sexual assault herself, commented, “There should be zero tolerance for serious sexual crimes,” adding that allowing offenders to keep getting pensions funded by taxpayers is, in a way, sanctioning their actions.
Swalwell is facing accusations from five women who allege sexual harassment or abuse, including two married women who claim he raped them. Investigations into these claims are underway by the Manhattan District Attorney’s Office and the Los Angeles County Sheriff’s Department, with the Department of Justice also looking into possible misconduct in Washington, D.C.
Despite facing these serious allegations, Swalwell has denied any wrongdoing, though he did suspend his campaign for governor on April 12 and later admitted to having made an “error in judgment” in a resignation statement from the House of Representatives.
Currently, Swalwell stands to receive a pension when he turns 62, expected to be over $22,000 annually. Under existing laws, members of Congress are eligible for benefits after five years of service; Swalwell has been in office since 2012.
On average, congressional pensions amount to around $45,276, with longer-serving members receiving even more. Overall, these benefits cost taxpayers about $38 million each year.
Senator Gillibrand emphasized the need for accountability, stating, “It’s outrageous that federal employees convicted of sex crimes can receive pensions funded by taxpayers.” She has focused much of her Senate work on reforming military protocols concerning sexual assault, advocating for independent prosecutors to handle assault cases.
On the day of Swalwell’s resignation, Rep. Tony Gonzalez (R-Texas) also stepped down in an attempt to avert being expelled from Congress.
Gonzalez has faced scrutiny over unsettling messages where he purportedly sought inappropriate photos from staff members. Among those involved was Regina Ann Santos-Avilés, who tragically passed away in September 2025, and another employee who repeatedly declined his advances.
Unlike Swalwell, Gonzalez, having served less than five years, will not be eligible for a pension. Nonetheless, both former congressmen will maintain access to various congressional perks.
In a related effort, Rep. Zach Nunn (R-Iowa) recently proposed a bill to prevent expelled members from collecting taxpayer pensions, a move spurred by the 2023 expulsion of Rep. George Santos from the House.
