I
107TH CONGRESS
2D SESSION
H. R. 4760
To amend title 5, United States Code, to provide that service performed
by an air traffic controller who is transferred or promoted to a super-
visory or staff position continue to be treated as controller service for
retirement purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 16, 2002
Mr. OBERSTAR introduced the following bill; which was referred to the
Committee on Government Reform
A BILL
To amend title 5, United States Code, to provide that service
performed by an air traffic controller who is transferred
or promoted to a supervisory or staff position continue
to be treated as controller service for retirement pur-
poses.
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 Controller
Retirement Reform Act of 2002’’.
SEC. 2. DEFINITION OF AIR TRAFFIC CONTROLLER.
(a) CIVIL SERVICE RETIREMENT SYSTEM.—Section
8331 of title 5, United States Code, is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(27);
(2) by striking the period at the end of para-
graph (28) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(29) ‘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
(33);
(2) by striking the period at the end of para-
graph (34) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(35) ‘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.’’.
(c) MANDATORY SEPARATION TREATMENT NOT AF-
FECTED.—
(1) CIVIL SERVICE RETIREMENT SYSTEM.—Sec-
tion 8335(a) of title 5, United States Code, is
amended by adding at the end the following: ‘‘For
purposes of this subsection, the term ‘air traffic con-
troller’ or ‘controller’ has the meaning given to it
under section 8331(29)(A).’’.
(2) FEDERAL EMPLOYEES’ RETIREMENT SYS-
TEM.—Section 8425(a) of title 5, United States
Code, is amended by adding at the end the fol-
lowing: ‘‘For purposes of this subsection, the term
‘air traffic controller’ or ‘controller’ has the meaning
given to it under section 8401(35)(A).’’.
SEC. 3. EFFECTIVE DATE.
(a) IN GENERAL.—This Act and the amendments
made by this Act—
(1) shall take effect on the 60th day after the
date of the enactment of this Act; and
(2) shall apply with respect to—
(A) any annuity entitlement to which is
based on an individual’s separation from service
occurring on or after that 60th day; and
(B) any service performed by any such in-
dividual before, on, or after that 60th day, sub-
ject to subsection (b).
(b) DEPOSIT REQUIRED FOR CERTAIN PRIOR SERV-
ICE TO BE CREDITABLE AS CONTROLLER SERVICE.—
(1) DEPOSIT REQUIREMENT.—For purposes of
determining eligibility for immediate retirement
under section 8412(e), the amendment made by sec-
tion 2(b) shall, with respect to any service described
in paragraph (2), be disregarded unless there is de-
posited into the Civil Service Retirement and Dis-
ability Fund, with respect to such service, in such
time, form, and manner as the Office of Personnel
Management by regulation requires, an amount
equal to the amount by which—
(A) the deductions from pay which would
have been required for such service if the
amendments made by this Act had been in ef-
fect when such service was performed, exceeds
(B) the unrefunded deductions or deposits
actually made under subchapter II of chapter
84 of such title 5 with respect to such service.
The amount under the preceding sentence shall in-
clude interest, computed under paragraphs (2) and
(3) of section 8334(e) of such title 5.
(2) PRIOR
SERVICE
DESCRIBED.—This sub-
section applies with respect to any service performed
by an individual, before the 60th day following the
date of the enactment of this Act, as an employee
described in section 8401(35)(B) of such title 5 (as
set forth in section 2(b)).
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