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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5115 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5115

To recognize the key contributions of flight support specialists to our 
   Nation's aviation safety by restoring the retirement treatment of 
   flight support specialists whose functions were outsourced by the 
                      Federal Government in 2005.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 22, 2010

 Mr. Schauer (for himself and Mr. Rush) introduced the following bill; 
 which was referred to the Committee on Oversight and Government Reform

_______________________________________________________________________

                                 A BILL

 
To recognize the key contributions of flight support specialists to our 
   Nation's aviation safety by restoring the retirement treatment of 
   flight support specialists whose functions were outsourced by the 
                      Federal Government in 2005.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``FSS Retirement 
Fairness Act of 2010''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Applicability.
Sec. 4. Provisions relating to persons other than annuitants.
Sec. 5. Special rule relating to immediate retirement.
Sec. 6. Provisions relating to annuitants.
Sec. 7. Regulations.

SEC. 2. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``air traffic controller'' has the meaning 
        given such term under section 2109 of title 5, United States 
        Code;
            (2) the term ``flight service station controller'' or ``FSS 
        controller'' means a civilian employee of the Department of 
        Transportation who is--
                    (A) an air traffic controller within the meaning of 
                section 2109(1)(A)(ii) of title 5, United States Code; 
                or
                    (B) an air traffic controller within the meaning of 
                section 2109(1)(B) of title 5, United States Code, who 
                supervises air traffic controllers described in 
                subparagraph (A);
            (3) the term ``Government retirement system'' means--
                    (A) the retirement system under subchapter III of 
                chapter 83 of title 5, United States Code (relating to 
                the Civil Service Retirement System); and
                    (B) the retirement system under chapter 84 of title 
                5, United States Code (relating to the Federal 
                Employees' Retirement System);
            (4) the terms ``lump-sum credit'', ``average pay'', and 
        ``Government'' have the respective meanings given such terms 
        under the Government retirement system involved; and
            (5) the term ``Civil Service Retirement and Disability 
        Fund'' refers to the fund under section 8348 of title 5, United 
        States Code.

SEC. 3. APPLICABILITY.

    (a) In General.--This Act shall apply with respect to any 
individual who--
            (1) during the period beginning on February 1, 2005, and 
        ending on October 3, 2005--
                    (A) was separated from Government service, either 
                voluntarily or involuntarily (other than for cause on 
                charges of misconduct or delinquency), from a flight 
                service station controller position; or
                    (B) was reassigned or transferred from an FSS 
                controller position--
                            (i) to a different Government position 
                        (other than as an air traffic controller) in 
                        which such individual ceased to be subject to a 
                        Government retirement system; or
                            (ii) to a different Government position 
                        (other than as an air traffic controller) in 
                        which such individual remained subject to a 
                        Government retirement system; and
            (2) as of the date of the separation described in paragraph 
        (1)(A) or of the reassignment or transfer (as the case may be) 
        described in paragraph (1)(B), had completed at least 5 years 
        of service as an FSS controller which was creditable for 
        purposes of a Government retirement system.
    (b) Exclusions.--Notwithstanding any provision of subsection (a), 
this Act shall not apply with respect to--
            (1) any individual who, as of the date of the enactment of 
        this Act, is otherwise entitled (or would, on proper 
        application, otherwise be entitled) to an annuity under a 
        Government retirement system (including an annuity under 
        section 8414 of title 5, United States Code) based on the 
        service of such individual, except as provided in section 6; or
            (2) any individual--
                    (A) for purposes of subchapter III of chapter 83 of 
                title 5, United States Code, if, as of the date of the 
                enactment of this Act, such individual--
                            (i) has taken a lump-sum credit under 
                        section 8342 of such title 5 which had the 
                        effect of terminating all rights under such 
                        subchapter based on the service of such 
                        individual as an FSS controller; and
                            (ii) has not made the deposit required in 
                        order to have credit for such service restored 
                        under such subchapter, as determined by the 
                        Office of Personnel Management; or
                    (B) for purposes of chapter 84 of title 5, United 
                States Code, if, as of the date of the enactment of 
                this Act, such individual has taken a lump-sum credit 
                under section 8424 of such title 5 which had the effect 
                of terminating all rights under such chapter based on 
                the service of such individual as an FSS controller.

SEC. 4. PROVISIONS RELATING TO PERSONS OTHER THAN ANNUITANTS.

    (a) Qualified Service.--For purposes of this Act, the term 
``qualified service'' means--
            (1) any service performed as an employee of a contractor 
        described in section 179(a)(1)(A) of the Transportation, 
        Treasury, Housing and Urban Development, the Judiciary, the 
        District of Columbia, and Independent Agencies Appropriations 
        Act, 2006 (Public Law 109-115; 119 Stat. 2427); and
            (2) any service which (disregarding this Act) is otherwise 
        creditable under subchapter III of chapter 83, or under chapter 
        84, of title 5, United States Code, other than as an air 
        traffic controller;
except that such term shall not include any service performed by an 
individual after the last day of the month in which such individual 
becomes 56 years of age or, in the case of service described in 
paragraph (1), any service performed on a temporary, intermittent, or 
other basis which, if performed as an FSS controller, would not be 
creditable, for retirement purposes, by reason of section 8347(g) or 
8402(c) of title 5, United States Code, or any other similar provision 
of law, as determined by the Office of Personnel Management.
    (b) Election.--Any individual to whom this Act applies may, within 
such period of time (not less than 12 months in duration) and otherwise 
in such manner as the Office of Personnel Management shall by 
regulation prescribe, make an election under this section.
    (c) Effect of an Election.--An individual making an election under 
this section shall be entitled--
            (1) with respect to qualified service performed by such 
        individual during the period beginning on February 1, 2005, and 
        ending on the effective date of such election--
                    (A) to have such service treated in the same manner 
                as if it had been performed as an FSS controller for 
                purposes of--
                            (i) any determination of eligibility for 
                        immediate retirement under section 8336(e) or 
                        8412(e) of title 5, United States Code, or 
                        under section 5; and
                            (ii) any computation of annuity under--
                                    (I) the provisions of section 
                                8339(e), or subsection (d) or (e) of 
                                section 8415 of title 5, United States 
                                Code; or
                                    (II) any of the provisions referred 
                                to in subclause (I), applied in 
                                accordance with section 5; except that
                    (B) no compensation received for service performed 
                during such period may be taken into account for 
                purposes of any determination of such individual's 
                average pay; and
            (2) with respect to qualified service performed by such 
        individual after the effective date of such election--
                    (A) to have such service treated in the same manner 
                as if it had been performed as an FSS controller for 
                purposes of--
                            (i) any determination of eligibility for 
                        immediate retirement under section 8336(e) or 
                        8412(e) of title 5, United States Code, or 
                        under section 5; and
                            (ii) any computation of annuity under--
                                    (I) the provisions of section 
                                8339(e), or subsection (d) or (e) of 
                                section 8415 of title 5, United States 
                                Code; or
                                    (II) any of the provisions referred 
                                to in subclause (I), applied in 
                                accordance with section 5, and
                    (B) to have basic pay received by such individual 
                for such service (not to exceed the amount determined 
                applying the rate of basic pay last received by the 
                individual while serving as an FSS controller before 
                the date of such election) treated in the same manner 
                as if it were basic pay received for service performed 
                as an FSS controller, for purposes of any determination 
                of such individual's average pay,
        subject to subsection (d).
    (d) Employee Contributions Required for Post-Election Service.--
            (1) In general.--The provisions of subsection (c)(2) shall 
        not apply unless, as part of the election made by the 
        individual under this section, such individual agrees to make 
        contributions to the Civil Service Retirement and Disability 
        Fund in conformance with the requirements of this subsection.
            (2) Requirements relating to qualified service otherwise 
        subject to a government retirement system.--Under this 
        subsection, in the case of any qualified service performed by 
        an individual in a Government position (other than an FSS 
        controller position) on the basis of which such individual is 
        subject to a Government retirement system, the employee 
        contribution shall be determined based on--
                    (A) the basic pay actually received by such 
                individual for such service (determined in a manner 
                consistent with the limitation specified in the 
                parenthetical matter contained in subsection 
                (c)(2)(B)); and
                    (B) the percentage contribution which would be 
                required if the individual were serving in an FSS 
                controller position.
            (3) Requirements relating to qualified service not 
        otherwise subject to any government retirement system.--Under 
        this subsection, in the case of any qualified service which is 
        not covered by paragraph (2), the electing individual shall pay 
        currently into the Civil Service Retirement and Disability 
        Fund, in accordance with arrangements acceptable to the Office 
        of Personnel Management, the employee contributions which would 
        be determined, under applicable provisions of subchapter III of 
        chapter 83, or of chapter 84, of title 5, United States Code, 
        as the case may be, based on--
                    (A) the basic pay actually received by such 
                individual for such service (determined in a manner 
                consistent with the limitation specified in the 
                parenthetical matter contained in subsection 
                (c)(2)(B)); and
                    (B) the percentage contribution which would be 
                required if the individual were serving in an FSS 
                controller position,
        treating the pay received by such individual for such service 
        as if it were basic pay within the meaning of subchapter III of 
        chapter 83, or of chapter 84, of title 5, United States Code 
        (whichever Government retirement system applied at the time of 
        the individual's separation described in section 3(a)(1)(A) or 
        reassignment or transfer described in section 3(a)(1)(B), as 
        the case may be).
    (e) Government Contributions.--Nothing in this section shall be 
considered--
            (1) to affect the amount of any contributions which (but 
        for this Act) would otherwise be payable by an employing 
        Governmental entity under section 8334 or 8423 of title 5, 
        United States Code, with respect to any Government service 
        actually performed by such employee during any period of time 
        to which subsection (c)(1) or (c)(2) applies; or
            (2) to create any obligation on the part of any non-
        Governmental entity to make any employer contributions to the 
        Civil Service Retirement and Disability Fund with respect to 
        any service performed during any period of time to which either 
        subsection (c)(1) or subsection (c)(2) applies.

SEC. 5. SPECIAL RULE RELATING TO IMMEDIATE RETIREMENT.

    (a) In General.--In the case of an individual who makes an election 
under section 4, any determination of eligibility for or the amount of 
any annuity to which such individual is entitled under subchapter III 
of chapter 83 or under chapter 84 of title 5, United States Code, shall 
be made in accordance with the provisions of law that would otherwise 
apply, subject to the following:
            (1) In addition to any other combination of age and service 
        for entitlement to an immediate annuity which might otherwise 
        apply, any such individual is entitled to an immediate 
        annuity--
                    (A) if the individual is an individual who, as of 
                the effective date of such individual's election under 
                section 4, is not performing service which is subject 
                to a Government retirement system, beginning on the 
                later of--
                            (i) the last day of the month in which such 
                        individual attains 56 years of age; or
                            (ii) the effective date of such election;
                except if the individual has become (and as of the date 
                specified in clause (i) or (ii), whichever would 
                otherwise apply, remains) a Government employee subject 
                to a Government retirement system, in which case 
                entitlement commences on the date described in 
                subparagraph (B)(ii); or
                    (B) if the individual is an individual who is not 
                covered by subparagraph (A), beginning on the later 
                of--
                            (i) the last day of the month in which such 
                        individual attains 56 years of age; or
                            (ii) the date on which such individual 
                        separates from Government service or transfers 
                        to a position which is not subject to a 
                        Government retirement system.
            (2) The annuity of a former FSS controller who becomes 
        entitled to an immediate annuity pursuant to this subsection 
        shall, under regulations prescribed by the Office of Personnel 
        Management, be computed--
                    (A) with respect to service subject to subchapter 
                III of chapter 83 of title 5, United States Code, in 
                the same manner as would apply under section 8339(e) of 
                such title if such controller had retired under section 
                8336(e) of such title; and
                    (B) with respect to service subject to chapter 84 
                of title 5, United States Code--
                            (i) in the same manner as would apply under 
                        section 8415(d) of such title if such 
                        controller had retired under section 8412(e) of 
                        such title; except that
                            (ii) the total service used in computing 
                        such annuity may not exceed--
                                    (I) the total service that would 
                                (but for this Act) otherwise have been 
                                used; plus
                                    (II) any qualified service which is 
                                creditable for that purpose by reason 
                                of section 4.
            (3) The average pay used in any computation under paragraph 
        (2) shall be determined in accordance with the provisions of 
        law that (disregarding this Act) would otherwise apply, subject 
        to paragraphs (1)(B) and (2)(B) of section 4(c).
            (4) In the case of an individual described in paragraph 
        (1)(A), such individual shall, for purposes of any 
        determination of eligibility for an annuity under subchapter 
        III of chapter 83 of title 5, United States Code, by reason of 
        this subsection, be considered to have satisfied the 
        requirement of section 8333(b) of such title if such individual 
        would have satisfied such requirement had such individual 
        separated from service on the date of such individual's 
        separation under section 3(a)(1)(A) or reassignment or transfer 
        under section 3(a)(1)(B), as the case may be.
    (b) FEHBP.--In the case of an individual who becomes entitled to an 
immediate annuity by reason of subsection (a), the condition for 
continued enrollment in a health benefits plan under section 8905(b) of 
title 5, United States Code, shall be considered met if--
            (1) in the case of an individual whose entitlement arises 
        pursuant to a separation from Government service (including a 
        reassignment or transfer to a position in which such individual 
        ceases to be subject to a Government retirement system), such 
        condition is met by such individual either--
                    (A) at the time of separation; or
                    (B) at the time of such individual's separation (as 
                described in section 3(a)(1)(A)) or reassignment or 
                transfer (as described in section 3(a)(1)(B)); or
            (2) in the case of an individual whose entitlement arises 
        in a manner other than as described in paragraph (1), such 
        condition is met by such individual at the time described in 
        paragraph (1)(B).
An individual who becomes eligible for continued enrollment in a health 
benefits plan by reason of this subsection may do so by filing an 
application at the time and under the conditions prescribed by the 
Office of Personnel Management in regulations. Continued enrollment 
under this subsection shall be implemented based on the individual's 
enrollment as of the time specified in paragraph (1) or (2), as the 
case may be, except that nothing in this subsection shall be considered 
to allow coverage to be obtained for any goods or services received, or 
to require that any individual or Government contributions for coverage 
be made with respect to any period ending, before the date on which the 
individual enrolls in a health benefits plan under the preceding 
sentence.

SEC. 6. PROVISIONS RELATING TO ANNUITANTS.

    (a) In General.--The annuity of any individual who is excluded from 
the application of the preceding provisions of this Act by reason of 
section 3(b)(1) shall, upon application filed by such individual within 
the time and in the manner prescribed under section 4(b), be 
recomputed, effective with respect to amounts accruing for months 
beginning on or after the date of such application, so that the amount 
of such annuity is equal to the amount that would then be payable if--
            (1) any qualified service performed by such individual 
        during the period beginning on February 1, 2005, and ending on 
        the effective date of the application had been credited under 
        subchapter III of chapter 83 of title 5, United States Code, or 
        chapter 84 of such title, as the case may be, as if FSS 
        controller service;
            (2) such individual had separated from service on the 
        latest of--
                    (A) the separation date on which such individual's 
                annuity would otherwise be based;
                    (B) the effective date of the application; or
                    (C) the last day of qualified service performed by 
                such individual, if earlier than the date under 
                subparagraph (B); and
            (3) as of the separation date determined under paragraph 
        (2), such individual was entitled to--
                    (A) retire under section 8336(e) of title 5, United 
                States Code, and computation of annuity under section 
                8339(e) of such title; or
                    (B) retire under section 8412(e) of title 5, United 
                States Code, and computation of annuity under section 
                8415(d) of such title,
        as the case may be, subject to the condition specified in 
        section 4(c)(1)(B).
    (b) Survivors.--In the case of an individual eligible to submit an 
application under subsection (a) who dies before the end of the period 
allowable under section 4(b), an application under this section may, 
for purposes of any survivor annuity, be made--
            (1) by a survivor of the individual; and
            (2) if submitted by--
                    (A) the deadline that would apply under subsection 
                (a); or
                    (B) if later, the date occurring 12 months after 
                the individual's date of death.
    (c) Definition.--For purposes of subsection (b), the term 
``effective date of the application'' means the first day of the first 
month beginning on or after the date on which such application is duly 
filed.

SEC. 7. REGULATIONS.

    The Office of Personnel Management may prescribe any regulations 
necessary to carry out this Act, including provisions for determining 
``basic pay'' in connection with service performed for a non-Government 
entity.
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