I
106TH CONGRESS
2D SESSION
H. R. 5342
To amend title 10, United States Code, to provide more equitable civil
service retirement and retention provisions for National Guard technicians.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 28, 2000
Mr. PETERSON of Minnesota (for himself, Mr. OBERSTAR, Mr. LAHOOD, Mr.
PETRI, Mr. MCGOVERN, Mr. GREEN of Wisconsin, Mr. WALSH, Ms. KAP-
TUR, Ms. BALDWIN, Mr. SCHAFFER, Mr. DICKS, Mr. FROST, Mr. EVANS,
Mr. CRAMER, Mr. HINCHEY, Mr. MCDERMOTT, Ms. MCKINNEY, Ms.
BROWN of Florida, Mr. MCCOLLUM, Mr. OLVER, Mr. HUTCHINSON, Mr.
FILNER, Mr. BONIOR, and Mrs. KELLY) introduced the following bill;
which was referred to the Committee on Armed Services
A BILL
To amend title 10, United States Code, to provide more
equitable civil service retirement and retention provisions
for National Guard technicians.
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 ‘‘Fairness for National
Guard Technicians Act’’.
SEC. 2. CIVIL SERVICE RETENTION OF NATIONAL GUARD
TECHNICIANS.
(a) IN GENERAL.—Chapter 1007 of title 10, United
States Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 10219. National Guard technicians: conditions for
retention; mandatory retirement under
civil service laws
‘‘(a) SEPARATION AND RETIREMENT OF NATIONAL
GUARD TECHNICIANS (DUAL STATUS).—(1) An indi-
vidual employed by the National Guard as a military tech-
nician (dual status) who after the date of the enactment
of this section loses dual status is subject to paragraph
(2) or (3), as the case may be.
‘‘(2) If a technician described in paragraph (1) is eli-
gible at the time dual status is lost for an unreduced annu-
ity and is age 60 or older at that time, the technician shall
be separated not later than 30 days after the date on
which dual status is lost.
‘‘(3) If a technician described in paragraph (1) is not
eligible at the time dual status is lost for an unreduced
annuity or is under age 60 at that time, the technician
shall be offered the opportunity—
‘‘(A) to reapply for, and if qualified be ap-
pointed to, a position as a military technician (dual
status); or
‘‘(B) to apply for a civil service position that is
not a technician position.
‘‘(4) For purposes of this subsection, a military tech-
nician is considered to lose dual status upon—
‘‘(A) being separated from the Selected Re-
serve; or
‘‘(B) ceasing to hold the military grade speci-
fied by the Secretary concerned for the position held
by the technician.
‘‘(b) UNREDUCED ANNUITY DEFINED.—For pur-
poses of this section, a technician shall be considered to
be eligible for an unreduced annuity if the technician is
eligible for an annuity under section 8336, 8412, or 8414
of title 5 that is not subject to a reduction by reason of
the age or years of service of the technician.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘10219. National Guard technicians: conditions for retention; mandatory retire-
ment under civil service laws.’’.
(b) CONFORMING AMENDMENT.—Section 10218(a)
of title 10, United States Code, is amended by striking
‘‘MILITARY’’ after ‘‘SEPARATION AND RETIREMENT OF’’
and inserting ‘‘RESERVE’’.
Æ