I
107TH CONGRESS
2D SESSION
H. R. 4957
To amend chapter 83 of title 5, United States Code, to provide for the
computation of annuities for air traffic controllers in a manner similar
to that in which annuities for law enforcement officers and firefighters
are computed.
IN THE HOUSE OF REPRESENTATIVES
JUNE 18, 2002
Mr. LANTOS (for himself, Mr. BACA, Mr. BERMAN, Mr. FILNER, Mr. FROST,
Mr. GILMAN, Mr. GORDON, Mr. GREEN of Texas, Mr. HONDA, Mrs.
JONES of Ohio, Mr. KANJORSKI, Mr. LUTHER, Mr. MALONEY of Con-
necticut, Mr. MATHESON, Mrs. MINK of Hawaii, Mr. OBERSTAR, Mr.
OTTER, Mr. OWENS, Mr. PETERSON of Minnesota, Ms. ROS-LEHTINEN,
Mr. STRICKLAND, Mrs. THURMAN, Mr. TURNER, Mr. WEINER, and Mrs.
CAPPS) introduced the following bill; which was referred to the Com-
mittee on Government Reform
A BILL
To amend chapter 83 of title 5, United States Code, to
provide for the computation of annuities for air traffic
controllers in a manner similar to that in which annuities
for law enforcement officers and firefighters are com-
puted.
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 ‘‘Federal Air Traffic
Controllers Annuity Computation Act of 2002’’.
SEC. 2. COMPUTATION OF ANNUITIES FOR AIR TRAFFIC
CONTROLLERS RETIRING UNDER THE CIVIL
SERVICE RETIREMENT SYSTEM.
Section 8339(e) of title 5, United States Code, is
amended—
(1) by striking ‘‘(e) The annuity’’ and inserting
‘‘(e)(1) Subject to paragraph (2), the annuity’’; and
(2) by adding at the end the following:
‘‘(2)(A) In lieu of an annuity computed under para-
graph (1), the annuity of an employee who meets the re-
quirements of subparagraph (B) is—
‘‘(i) 21⁄2 percent of the average pay of such em-
ployee multiplied by so much of the total service of
such employee as does not exceed 20 years; plus
‘‘(ii) 2 percent of the average pay of such em-
ployee multiplied by so much of the total service of
such employee as exceeds 20 years.
‘‘(B) An individual shall not be eligible for an annuity
computed under this paragraph unless such individual—
‘‘(i) retires under section 8335(a) or 8336(e) on
or after the effective date of this paragraph;
‘‘(ii) files an election with the Office of Per-
sonnel Management to have such individual’s annu-
ity computed under this paragraph; and
‘‘(iii) pays the amount described in subpara-
graph (C).
‘‘(C) The amount described in this subparagraph is
the amount (as determined by the Office of Personnel
Management) equal to—
‘‘(i) the difference between—
‘‘(I) the amount deducted and withheld
from pay under this subchapter for each period
of service performed by such individual as an
air traffic controller; and
‘‘(II) the amount that would have been de-
ducted and withheld for each such period, if
such service had instead been performed as a
law enforcement officer; plus
‘‘(ii) interest on the amount determined under
clause (i), computed under section 8334(e).
For the purpose of survivor annuities, an election under
subparagraph (B)(ii) or payment under subparagraph
(B)(iii) may also be made by a survivor of an individual
who satisfied subparagraph (B)(i) (or who, as of date of
death, satisfied the age and service requirements to retire
under section 8335(a) or 8336(e)), unless the decedent’s
date of death precedes the effective date of this paragraph.
‘‘(D) The Federal Aviation Administration or the De-
partment of Defense (whichever was the employing agency
at the time of the service involved) shall pay an amount
for applicable agency contributions based on payments
made under subparagraph (C) (as determined by the Of-
fice).
‘‘(E) All individual and agency contributions under
this paragraph shall be deposited in the Civil Service Re-
tirement and Disability Fund.’’.
SEC. 3. REGULATIONS.
After consultation with the Federal Aviation Admin-
istration and the Department of Defense, the Office of
Personnel Management shall prescribe regulations to
carry out the amendments made by this Act, including
regulations relating to employee contributions under sec-
tion 8339(e)(2) of title 5, United States Code (as added
by this Act) and related deposits that are similar to regu-
lations under section 8334 of such title.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall take effect
60 days after the date of the enactment of this Act.
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