I

106TH CONGRESS

2D SESSION H. R. 5342

To amend title 10, United States Code, to provide more equitable civil

service retirement and retention provisions for National Guard technicians.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 28, 2000

Mr. PETERSON of Minnesota (for himself, Mr. OBERSTAR, Mr. LAHOOD, Mr.

PETRI, Mr. MCGOVERN, Mr. GREEN of Wisconsin, Mr. WALSH, Ms. KAPTUR, Ms. BALDWIN, Mr. SCHAFFER, Mr. DICKS, Mr. FROST, Mr. EVANS,

Mr. CRAMER, Mr. HINCHEY, Mr. MCDERMOTT, Ms. MCKINNEY, Ms.

BROWN of Florida, Mr. MCCOLLUM, Mr. OLVER, Mr. HUTCHINSON, Mr.

FILNER, Mr. BONIOR, and Mrs. KELLY) introduced the following bill;

which was referred to the Committee on Armed Services

A BILL

To amend title 10, United States Code, to provide more

equitable civil service retirement and retention provisions

for National Guard technicians.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Fairness for National

5 Guard Technicians Act’’.
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1 SEC. 2. CIVIL SERVICE RETENTION OF NATIONAL GUARD

2 TECHNICIANS.

3 (a) IN GENERAL.—Chapter 1007 of title 10, United

4 States Code, is amended by adding at the end the fol5 lowing new section:

6 ‘‘§ 10219. National Guard technicians: conditions for

7 retention; mandatory retirement under

8 civil service laws

9 ‘‘(a) SEPARATION AND RETIREMENT OF NATIONAL

10 GUARD TECHNICIANS (DUAL STATUS).—(1) An indi11 vidual employed by the National Guard as a military tech12 nician (dual status) who after the date of the enactment

13 of this section loses dual status is subject to paragraph

14 (2) or (3), as the case may be.

15 ‘‘(2) If a technician described in paragraph (1) is eli16 gible at the time dual status is lost for an unreduced annu17 ity and is age 60 or older at that time, the technician shall

18 be separated not later than 30 days after the date on

19 which dual status is lost.

20 ‘‘(3) If a technician described in paragraph (1) is not

21 eligible at the time dual status is lost for an unreduced

22 annuity or is under age 60 at that time, the technician

23 shall be offered the opportunity—

24 ‘‘(A) to reapply for, and if qualified be ap25 pointed to, a position as a military technician (dual

26 status); or
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1 ‘‘(B) to apply for a civil service position that is

2 not a technician position.

3 ‘‘(4) For purposes of this subsection, a military tech4 nician is considered to lose dual status upon—

5 ‘‘(A) being separated from the Selected Re6 serve; or

7 ‘‘(B) ceasing to hold the military grade speci8 fied by the Secretary concerned for the position held

9 by the technician.

10 ‘‘(b) UNREDUCED ANNUITY DEFINED.—For pur11 poses of this section, a technician shall be considered to

12 be eligible for an unreduced annuity if the technician is

13 eligible for an annuity under section 8336, 8412, or 8414

14 of title 5 that is not subject to a reduction by reason of

15 the age or years of service of the technician.’’.

16 (2) The table of sections at the beginning of such

17 chapter is amended by adding at the end the following

18 new item:

‘‘10219. National Guard technicians: conditions for retention; mandatory retirement under civil service laws.’’.

19 (b) CONFORMING AMENDMENT.—Section 10218(a)

20 of title 10, United States Code, is amended by striking

21 ‘‘MILITARY’’ after ‘‘SEPARATION AND RETIREMENT OF’’

22 and inserting ‘‘RESERVE’’.

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