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.
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 1997’’.
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 unrefunded deductions or
deposits actually made, under section
8334 or 8422 of title 5, United States
Code, as applicable, with respect to
such service.
(ii) STATUS
AT
TIME
OF
APPLICA-
TION.—This paragraph shall not apply
with respect to any individual who is not
serving as a controller, within the meaning
of either provision cited in subparagraph
(B), on the date on which an application
under this paragraph is made with respect
to any service of such individual.
(D) CERTIFICATION.—For purposes of
chapter 83 or 84 of title 5, United States Code,
the Office shall accept the certification of the
Secretary of Transportation or the Secretary of
Defense, as the case may be, concerning the
service of, and the amount of compensation re-
ceived by, an individual with respect to any
service for which an application under this
paragraph is made.
(2) GOVERNMENT CONTRIBUTIONS.—Not later
than 90 days after the full deposit required under
paragraph (1) with respect to an individual has been
paid, the agency that employed such individual dur-
ing the period of service to which such deposit re-
lates shall pay into the Civil Service Retirement and
Disability Fund, with interest, an amount equal to
the amount by which—
(A) the Government contributions which
would have been required to have been paid into
the Fund for such service had the amendments
made by this Act been in effect when such serv-
ice was rendered, exceeds
(B) the Government contributions actually
made, under section 8334 or 8423 of title 5,
United States Code, as applicable, with respect
to such service.
(3) REGULATIONS.—The Office shall prescribe
such regulations as may be necessary to carry out
this subsection, including provisions relating to the
time and manner in which any application or deposit
shall be made, and how any interest shall be com-
puted.
(c) MANDATORY SEPARATION.—Nothing in section
8335(a) or 8425(a) of title 5, United States Code, shall
be considered to require the separation of an individual
from a position as a controller (within the meaning of sec-
tion 8331(27)(B) or section 8401(33)(B) of title 5, United
States Code (as amended by this Act), if such individual
was first appointed to any such position before the effec-
tive date of this Act.
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