Eric Swalwell (D-Calif.) will remain eligible for his congressional pension and other benefits despite his resignation from Congress in disgrace — with taxpayers picking up the tab.

The 45-year-old left the House of Representatives Tuesday after multiple allegations of sexual misconduct, which he denies.

“I am deeply sorry to my family, staff and constituents for mistakes in judgment I’ve made in my past,” Swalwell wrote in his resignation letter, which was read on the House floor. “I will fight the serious, false allegation made against me, however, I must take responsibility and ownership for the mistakes I did make.”

Rep. Anna Paulina Luna (R-Fla.) had threatened to move ahead with a measure to expel both Swalwell and Rep. Tony Gonzales (R-Texas) if they did not quit their offices.

“Expelling anyone in Congress without due process, within days of an allegation being made, is wrong,” Swalwell insisted. “But it’s also wrong for my constituents to have me distracted from my duties.”

Despite the circumstances of his resignation, Swalwell will still get his pension, federal healthcare benefits and other extras granted former lawmakers — including access to the House floor and membership in the congressional gym.

Currently, members of Congress are eligible for a pension at age 62 if they attain five years of service. Swalwell was first elected to the House in 2012. 

The average annual annuity received by lawmakers is $45,276, though some with more years of service, such as retiring Speaker Emeritus Nancy Pelosi (D-Calif.), will receive six figures of pension income.

In all, the annual benefits for lawmakers cost taxpayers about $38 million per year. 

Swalwell likely needs the funds as he’s one of the poorer members of Congress.

He raided his retirement savings to supplement his income during his abortive California gubernatorial campaign, despite pulling down a congressional salary of about $184,000 in 2024.

However, he and wife Brittany Watts reported a combined annual income of about $444,000, according to tax filings.

In the wake of lying Long Island GOP lawmaker George Santos’ expulsion from Congress in December 2023, Rep. Zach Nunn (R-Iowa) introduced legislation that would bar booted lawmakers from collecting taxpayer-funded pensions. 

Nunn’s proposal died in 2024, at the end of the 118th Congress. He would have to re-introduce it for lawmakers to vote on it.

Santos, elected in 2022, did not have enough years of service to qualify for a pension. But he maintains other benefits, like access to the House floor.

Then-Rep.Marjorie Taylor Greene (R-Ga.) came under scrutiny when she announced she was resigning Congress just after she passed the five-year threshold to receive her pension.

Greene began serving on Jan. 3, 2021, and left office on Jan. 5, 2026.