I

103D CONGRESS

1ST SESSION H. R. 1174

To amend title 5, United States Code, to provide that service performed

by air traffic second-level supervisors and managers be made creditable

for retirement purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 2, 1993

Mr. OBERSTAR (for himself and Mr. CLINGER) introduced the following bill;

which was referred to the Committee on Post Office and Civil Service

A BILL

To amend title 5, United States Code, to provide that service

performed by air traffic second-level supervisors and

managers be made creditable for retirement purposes.

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 ‘‘Air Traffic Supervisor

5 Retirement Reform Act of 1993’’.

6 SEC. 2. AMENDMENTS.

7 (a) CIVIL SERVICE RETIREMENT SYSTEM.—Section

8 8331 of title 5, United States Code, is amended—
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1 (1) by striking ‘‘and’’ at the end of paragraph

2 (25);

3 (2) by striking the period at the end of para4 graph (26) and inserting ‘‘; and’’; and

5 (3) by adding at the end the following:

6 ‘‘(27) ‘air traffic controller’ or ‘controller’

7 means—

8 ‘‘(A) a controller within the meaning of

9 section 2109(1); and

10 ‘‘(B) a civilian employee of the Depart11 ment of Transportation or the Department of

12 Defense holding a supervisory, managerial, ex13 ecutive, technical, semiprofessional, or profes14 sional position for which experience as an air

15 traffic controller (as defined by section

16 2109(1)) is a prerequisite.’’

17 (b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—

18 Section 8401 of title 5, United States Code, is amended—

19 (1) by striking ‘‘and’’ at the end of paragraph

20 (31);

21 (2) by striking the period at the end of para22 graph (32) and inserting ‘‘; and’’; and

23 (3) by adding at the end the following:

24 ‘‘(33) ‘air traffic controller’ or ‘controller’

25 means—
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1 ‘‘(A) a controller within the meaning of

2 section 2109(1); and

3 ‘‘(B) a civilian employee of the Depart4 ment of Transportation or the Department of

5 Defense holding a supervisory, managerial, ex6 ecutive, technical, semiprofessional, or profes7 sional position for which experience as an air

8 traffic controller (as defined by section

9 2109(1)) is a prerequisite.’’

10 SEC. 3. EFFECTIVE DATE; CLARIFYING PROVISIONS.

11 (a) EFFECTIVE DATE.—This Act and the amend12 ments made by this Act shall take effect on the 60th day

13 following the date of enactment of this Act.

14 (b) CLARIFYING PROVISIONS.—

15 (1) MANDATORY SEPARATION.—Nothing in sec16 tion 8335(a) or section 8425(a) of title 5, United

17 States Code, shall be considered to apply with re18 spect to an individual holding a position of air traf19 fic controller (as defined by section 8331(27)(B) or

20 section 8401(33)(B) of title 5, United States Code)

21 who was first appointed to any such position before

22 the effective date of this Act.

23 (2) CREDITABILITY OF EARLIER SERVICE.—For

24 purposes of determining eligibility for an annuity

25 under section 8336(e) or section 8412(e) of title 5,
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1 United States Code, based on a separation occurring

2 on or after the effective date of this Act (including

3 for purposes relating to a survivor annuity based on

4 a death in service occurring on or after such effec5 tive date), service as an air traffic controller (as de6 fined by section 8331(27)(B) or 8401(33)(B) of

7 such title, as applicable) may not be considered

8 noncreditable solely on account of its having been

9 performed before such effective date.

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