I

105TH CONGRESS

1ST SESSION H. R. 728

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

FEBRUARY 12, 1997

Mr. OBERSTAR introduced the following bill; which was referred to the

Committee on Government Reform and Oversight

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 1997’’.

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 a con15 troller (within the meaning of section 2109(1))

16 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 a con8 troller (within the meaning of section 2109(1))

9 is a prerequisite.’’

10 SEC. 3. EFFECTIVE DATE; OTHER PROVISIONS.

11 (a) EFFECTIVE DATE.—Subject to subsections (b)

12 and (c), this Act and the amendments made by this Act

13 shall take effect on the 60th day after the date of enact14 ment of this Act.

15 (b) TREATMENT OF PRE-EFFECTIVE DATE SERV16 ICE.—

17 (1) EMPLOYEE CONTRIBUTIONS.—

18 (A) IN GENERAL.—Subject to subpara19 graph (C), upon application to the Office of

20 Personnel Management, any service to which

21 this subsection applies shall, for purposes of

22 chapter 83 or 84 of title 5, United States Code,

23 as applicable, be treated in the same way as if

24 the amendments made by this Act had been in

25 effect when such service was rendered.
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1 (B) SERVICE TO WHICH THIS SUBSECTION

2 APPLIES.—This subsection applies with respect

3 to any service as a controller, within the mean4 ing of section 8331(27)(B) or 8401(33)(B) of

5 title 5, United States Code (as amended by this

6 Act), performed before the effective date of this

7 Act.

8 (C) REQUIREMENTS.—

9 (i) DEPOSIT REQUIREMENT.—Sub10 paragraph (A) shall not apply with respect

11 to any service unless there is deposited into

12 the Civil Service Retirement and Disability

13 Fund, with interest, an amount equal to

14 the amount by which—

15 (I) the deductions from pay

16 which would have been required for

17 such service had the amendments

18 made by this Act been in effect when

19 such service was rendered, exceeds

20 (II) the unrefunded deductions or

21 deposits actually made, under section

22 8334 or 8422 of title 5, United States

23 Code, as applicable, with respect to

24 such service.
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1 (ii) STATUS AT TIME OF APPLICA2 TION.—This paragraph shall not apply

3 with respect to any individual who is not

4 serving as a controller, within the meaning

5 of either provision cited in subparagraph

6 (B), on the date on which an application

7 under this paragraph is made with respect

8 to any service of such individual.

9 (D) CERTIFICATION.—For purposes of

10 chapter 83 or 84 of title 5, United States Code,

11 the Office shall accept the certification of the

12 Secretary of Transportation or the Secretary of

13 Defense, as the case may be, concerning the

14 service of, and the amount of compensation re15 ceived by, an individual with respect to any

16 service for which an application under this

17 paragraph is made.

18 (2) GOVERNMENT CONTRIBUTIONS.—Not later

19 than 90 days after the full deposit required under

20 paragraph (1) with respect to an individual has been

21 paid, the agency that employed such individual dur22 ing the period of service to which such deposit re23 lates shall pay into the Civil Service Retirement and

24 Disability Fund, with interest, an amount equal to

25 the amount by which—
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1 (A) the Government contributions which

2 would have been required to have been paid into

3 the Fund for such service had the amendments

4 made by this Act been in effect when such serv5 ice was rendered, exceeds

6 (B) the Government contributions actually

7 made, under section 8334 or 8423 of title 5,

8 United States Code, as applicable, with respect

9 to such service.

10 (3) REGULATIONS.—The Office shall prescribe

11 such regulations as may be necessary to carry out

12 this subsection, including provisions relating to the

13 time and manner in which any application or deposit

14 shall be made, and how any interest shall be com15 puted.

16 (c) MANDATORY SEPARATION.—Nothing in section

17 8335(a) or 8425(a) of title 5, United States Code, shall

18 be considered to require the separation of an individual

19 from a position as a controller (within the meaning of sec20 tion 8331(27)(B) or section 8401(33)(B) of title 5, United

21 States Code (as amended by this Act), if such individual

22 was first appointed to any such position before the effec23 tive date of this Act.

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