I 

113TH CONGRESS 

1ST SESSION H. R. 2697 

To amend title IV of the Employee Retirement Income Security Act of 

1974 to require the Pension Benefit Guaranty Corporation, in the case 

of airline pilots who are required by regulation to retire at age 60, 

to compute the actuarial value of monthly benefits in the form of a 

life annuity commencing at age 60. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 16, 2013 

Mr. GEORGE MILLER of California (for himself, Mr. ANDREWS, Mr. LANCE, 

Mr. NADLER, Ms. SCHAKOWSKY, Mr. DINGELL, Mr. BECERRA, Mr. CONYERS, Mr. CAPUANO, Ms. WILSON of Florida, Mr. HOLT, Mr. GRIJALVA, 

and Mr. YARMUTH) introduced the following bill; which was referred to 

the Committee on Education and the Workforce 

A BILL 

To amend title IV of the Employee Retirement Income Security Act of 1974 to require the Pension Benefit Guaranty 

Corporation, in the case of airline pilots who are required 

by regulation to retire at age 60, to compute the actuarial value of monthly benefits in the form of a life 

annuity commencing at age 60. 

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

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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Airline Pilot Pension 

3 Fairness Act’’. 

4 SEC. 2. AGE REQUIREMENT FOR EMPLOYEES. 

5 (a) SINGLE-EMPLOYER PLAN BENEFITS GUARAN6 TEED.—Section 4022(b)(3) of the Employee Retirement 

7 Income Security Act of 1974 (29 U.S.C. 1322(b)(3)) is 

8 amended by inserting at the end the following: ‘‘If, at the 

9 time of termination of a plan under this title, or at the 

10 time of freezing benefit accruals under a plan pursuant 

11 to subsections (a)(1) and (b) of section 402 of the Pension 

12 Protection Act of 2006, regulations prescribed by the Fed13 eral Aviation Administration required an individual to sep14 arate from service as a commercial airline pilot after at15 taining any age before age 65, this paragraph shall be ap16 plied to an individual who is a participant in the plan by 

17 reason of such service by substituting such age for age 

18 65. The calculation of benefit liabilities and unfunded ben19 efit liabilities under this section, and the allocation of as20 sets under section 4044, shall not reflect any additional 

21 benefits the corporation must guarantee due to the appli22 cation of the preceding sentence.’’. 

23 (b) AGGREGATE LIMIT ON BENEFITS GUARANTEED; 

24 CRITERIA APPLICABLE.—Section 4022B(a) of the Em25 ployee Retirement Income Security Act of 1974 (29 

26 U.S.C. 1322b(a)) is amended by adding at the end the 

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1 following: ‘‘If, at the time of termination of a plan under 

2 this title, or at the time of freezing benefit accruals under 

3 a plan pursuant to subsections (a)(1) and (b) of section 

4 402 of the Pension Protection Act of 2006, regulations 

5 prescribed by the Federal Aviation Administration re6 quired an individual to separate from service as a commer7 cial airline pilot after attaining any age before age 65, this 

8 subsection shall be applied to an individual who is a partic9 ipant in the plan by reason of such service by substituting 

10 such age for age 65.’’. 

11 SEC. 3. EFFECTIVE DATE. 

12 The amendments made by this Act shall apply to ben13 efits payable on or after the date of the enactment of this 

14 Act. 

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