Bill would bar sex criminals from getting federal pensions in wake of Eric Swalwell scandal

WASHINGTON — A bipartisan pair of female senators are rolling out new legislation to bar convicted sex criminals from getting taxpayer-funded annuities and retirement pay.

Sens. Joni Ernst (R-Iowa) and Kirsten Gillibrand (D-NY) have teamed up on the “No Taxpayer-Funded Pensions for Sex Criminals Act” in the aftermath of rape and sexual misconduct accusations that forced Rep. Eric Swalwell (D-Calif.) to resign last month.

“There should be absolutely no room for the tolerance of egregious sex crimes,” Ernst, herself a sexual assault survivor, said in a statement. “Allowing proven predators to continue collecting their pensions on the taxpayer’s dime only serves to greenlight unacceptable behavior.”

Five women have accused Swalwell of sexual harassment or abuse, with two claiming the married 45-year-old had raped them. The Manhattan District Attorney’s Office and Los Angeles County Sheriff’s Department are investigating those claims, while the Justice Department has confirmed it is probing possible illegal acts by Swalwell in DC

Swalwell has denied criminal wrongoing, but copped to “mistakes in judgment” in statements ending his California gubernatorial campaign April 12 and resigning from the House of Representatives two days later.

Currently, Swalwell is still eligible for a congressional pension once he turns 62, with estimates pegging the giveaway at more than $22,000 annually.

Under current law, legislators who attain five years of service are eligible for the benefit. Swalwell was first elected to Congress in 2012.

On average, lawmakers get an annuity of about $45,276, though longer-serving members earn even more. Annual benefits for current and former lawmakers cost taxpayers about $38 million.

“It’s outrageous that federal employees convicted of sex crimes are eligible to collect their taxpayer-funded pension,” said Gillibrand, who led the push to give independent prosecutors the power to try cases of sexual assault in the military, taking charging decisions away from the chain of command.

“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.” 

On the same day Swalwell quit Congress, Rep. Tony Gonzales (R-Texas) also stepped down to avoid possible expulsion.

Disturbing text messages had emerged in recent months showing Gonzales, a married father of six, pressing staffers for “sexy” pictures and nudes.

One of those aides, Regina Ann Santos-Aviles, died after lighting herself on fire in September 2025. Another staffer, Gonzales’ former political director, repeatedly rejected his sexual overtures.

Unlike Swalwell, Gonzales is not eligible for a pension because he didn’t hit five years of service in Congress.

Both men retain other perks such as membership in the congressional gym and access to the House floor.

Rep. Zach Nunn (R-Iowa) had previously introduced legislation to stop expelled lawmakers from collecting taxpayer-funded pensions. 

That pitch came in response to the expulsion of lying Long Island Rep. George Santos from the House in 2023.