(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 mean-
ings given such terms under the Government retire-
ment system involved; and 
(5) the term ‘‘Civil Service Retirement and Dis-
ability 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 serv-
ice, either voluntarily or involuntarily (other 
than for cause on charges of misconduct or de-
linquency), from a flight service station con-
troller 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 
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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 trans-
fer (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 en-
actment of this Act, is otherwise entitled (or would, 
on proper application, otherwise be entitled) to an 
annuity under a Government retirement system (in-
cluding an annuity under section 8414 of title 5, 
United States Code) based on the service of such in-
dividual, except as provided in section 6; or 
(2) any individual— 
(A) for purposes of subchapter III of chap-
ter 83 of title 5, United States Code, if, as of 
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the date of the enactment of this Act, such indi-
vidual— 
(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 in-
dividual as an FSS controller; and 
(ii) has not made the deposit required 
in order to have credit for such service re-
stored under such subchapter, as deter-
mined by the Office of Personnel Manage-
ment; or 
(B) for purposes of chapter 84 of title 5, 
United States Code, if, as of the date of the en-
actment 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 
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Transportation, Treasury, Housing and Urban De-
velopment, 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 per-
formed 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 ap-
plies 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 pre-
scribe, make an election under this section. 
(c) EFFECT OF AN ELECTION.—An individual mak-
ing an election under this section shall be entitled— 
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(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 re-
ferred 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 
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(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 re-
ferred to in subclause (I), applied in 
accordance with section 5, and 
(B) to have basic pay received by such in-
dividual 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 
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were basic pay received for service performed as 
an FSS controller, for purposes of any deter-
mination 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 indi-
vidual agrees to make contributions to the Civil 
Service Retirement and Disability Fund in conform-
ance 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 in-
dividual in a Government position (other than an 
FSS controller position) on the basis of which such 
individual is subject to a Government retirement sys-
tem, 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 
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in the parenthetical matter contained in sub-
section (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 GOV-
ERNMENT RETIREMENT SYSTEM.—Under this sub-
section, 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 arrange-
ments acceptable to the Office of Personnel Manage-
ment, the employee contributions which would be de-
termined, 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 sub-
section (c)(2)(B)); and 
(B) the percentage contribution which 
would be required if the individual were serving 
in an FSS controller position, 
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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 individ-
ual’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 per-
formed 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 con-
tributions to the Civil Service Retirement and Dis-
ability Fund with respect to any service performed 
during any period of time to which either subsection 
(c)(1) or subsection (c)(2) applies. 
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SEC. 5. SPECIAL RULE RELATING TO IMMEDIATE RETIRE-
MENT. 
(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 elec-
tion 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 
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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 com-
puted— 
(A) with respect to service subject to sub-
chapter 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 chap-
ter 84 of title 5, United States Code— 
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(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 com-
puting 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 accord-
ance with the provisions of law that (disregarding 
this Act) would otherwise apply, subject to para-
graphs (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 consid-
ered to have satisfied the requirement of section 
8333(b) of such title if such individual would have 
satisfied such requirement had such individual sepa-
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An individual who becomes eligible for continued enroll-
ment 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 Man-
agement 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 sub-
section 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 provi-
sions 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 recom-
puted, 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— 
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(1) any qualified service performed by such in-
dividual during the period beginning on February 1, 
2005, and ending on the effective date of the appli-
cation 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 con-
troller service; 
(2) such individual had separated from service 
on the latest of— 
(A) the separation date on which such in-
dividual’s annuity would otherwise be based; 
(B) the effective date of the application; or 
(C) the last day of qualified service per-
formed 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 annu-
ity under section 8339(e) of such title; or 
(B) retire under section 8412(e) of title 5, 
United States Code, and computation of annu-
ity under section 8415(d) of such title, 
as the case may be, subject to the condition specified 
in section 4(c)(1)(B). 
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(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. 
Æ 
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