Introduction
Under a provision in federal retirement law commonly referred to as the "Hiss Act," Members of Congress and other officers and employees of the federal government forfeit their federal employee retirement annuities if they are convicted of certain designated federal crimes relating to disloyalty or involving national security or national defense-related offenses against the United States. In addition, under legislation passed in 2007, the Honest Leadership and Open Government Act of 2007, P.L. 110-81, 121 Stat. 735 (September 14, 2007), and amended by the STOCK Act in 2012, P.L. 112-105, 126 Stat. 301-303 (April 4, 2012), Members of Congress will lose their service credit toward their federal pensions for all of the time they serve in Congress if convicted for conduct engaged in while in Congress that violates one of several criminal provisions of federal law concerning corruption in public office.
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The original Hiss Act provisions on forfeiture of annuities were enacted before the adoption of the Federal Employee Retirement System (FERS), and the Hiss Act provisions were not specifically amended to expressly address the new retirement provisions of FERS.12 Although the Hiss Act was not itself amended, the FERS legislation expressly provides that upon a forfeiture of annuities under the Hiss Act, an employee also forfeits the government contributions, and all the earnings attributable to such contributions, in the employee's Thrift Savings Plan.13 This would indicate that under the current operation of law, employees and Members convicted of offenses under the Hiss Act who lose their annuity and lose the government contributions and earnings from those contributions in the Thrift Savings Plan, are allowed to receive back their own contributions and all the earnings attributable to those voluntary contributions in the Thrift Savings Plan.

Spouse and Dependent Beneficiaries
Under provisions of current law, when a Member of Congress or other federal officer or employee forfeits his or her federal annuity/pension because of a conviction for one of the offenses covered under the Hiss Act provisions of federal retirement law, that pension is not paid even to an "innocent" spouse or dependent of the Member, officer, or employee, except under special circumstances for a "cooperating spouse." Federal law now provides that the spouse of a Member, officer or employee who forfeits his or her pension under the Hiss Act shall be eligible for "spousal pension benefits" if the Attorney General "determines that the spouse fully cooperated with Federal authorities in the conduct of a criminal investigation and subsequent prosecution of the individual which resulted in such forfeiture."14
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Amendments in STOCK Act
The pension forfeiture provisions originally placed in the law by the Honest Leadership and Open Government Act of 2007 (HLOGA) were amended in 2012 by the provisions of the so-called "Stop Trading on Congressional Knowledge Act," (STOCK Act). The STOCK Act amended the pension forfeiture provisions in two ways. Initially, the law added numerous other federal criminal laws relating generally to public corruption, election law violations, and misconduct in office, for which a final felony conviction would result in losing creditable service as a Member of Congress for federal pension purposes.21

Secondly, the STOCK Act expanded the potentially relevant time period in which conviction of one of the listed offenses would result in loss of creditable service.

What message are CNN "analysts" attempting to communicate in the claim that McCabe may likely lose his "pension"?

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