I
104TH CONGRESS
1ST SESSION
H. R. 1777
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
JUNE 7, 1995
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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Air Traffic Supervisor
Retirement Reform Act of 1995’’.
SEC. 2. AMENDMENTS.
(a) CIVIL SERVICE RETIREMENT SYSTEM.—Section
8331 of title 5, United States Code, is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(25);
(2) by striking the period at the end of para-
graph (26) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(27) ‘air traffic controller’ or ‘controller’
means—
‘‘(A) a controller within the meaning of
section 2109(1); and
‘‘(B) a civilian employee of the Depart-
ment of Transportation or the Department of
Defense holding a supervisory, managerial, ex-
ecutive, technical, semiprofessional, or profes-
sional position for which experience as a con-
troller (within the meaning of section 2109(1))
is a prerequisite.’’
(b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—
Section 8401 of title 5, United States Code, is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(31);
(2) by striking the period at the end of para-
graph (32) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(33) ‘air traffic controller’ or ‘controller’
means—
‘‘(A) a controller within the meaning of
section 2109(1); and
‘‘(B) a civilian employee of the Depart-
ment of Transportation or the Department of
Defense holding a supervisory, managerial, ex-
ecutive, technical, semiprofessional, or profes-
sional position for which experience as a con-
troller (within the meaning of section 2109(1))
is a prerequisite.’’
SEC. 3. EFFECTIVE DATE; OTHER PROVISIONS.
(a) EFFECTIVE DATE.—Subject to subsections (b)
and (c), this Act and the amendments made by this Act
shall take effect on the 60th day after the date of enact-
ment of this Act.
(b) TREATMENT OF PRE-EFFECTIVE DATE SERV-
ICE.—
(1) EMPLOYEE CONTRIBUTIONS.—
(A) IN
GENERAL.—Subject to subpara-
graph (C), upon application to the Office of
Personnel Management, any service to which
this subsection applies shall, for purposes of
chapter 83 or 84 of title 5, United States Code,
as applicable, be treated in the same way as if
the amendments made by this Act had been in
effect when such service was rendered.
(B) SERVICE TO WHICH THIS SUBSECTION
APPLIES.—This subsection applies with respect
to any service as a controller, within the mean-
ing of section 8331(27)(B) or 8401(33)(B) of
title 5, United States Code (as amended by this
Act), performed before the effective date of this
Act.
(C) REQUIREMENTS.—
(i) 
DEPOSIT
REQUIREMENT.—Sub-
paragraph (A) shall not apply with respect
to any service unless there is deposited into
the Civil Service Retirement and Disability
Fund, with interest, an amount equal to
the amount by which—
(I) the deductions from pay
which would have been required for
such service had the amendments
made by this Act been in effect when
such service was rendered, exceeds
(II) the deductions or deposits
actually made, under section 8334 or
8422 of title 5, United States Code,
as applicable, with respect to such
service.