[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 566 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 566

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 SENATE OF THE UNITED STATES

               March 11 (legislative day, March 3), 1993

Mr. Domenici (for himself, Mr. Nunn, Mr. Durenberger, and Mr. Bingaman) 
introduced the following bill; which was read twice and referred to the 
                   Committee on Governmental Affairs

_______________________________________________________________________

                                 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. 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 paragraph (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 Department of 
                Transportation or the Department of Defense holding a 
                supervisory, managerial, executive, technical, 
                semiprofessional, or professional position for which 
                experience as an air traffic controller (as defined by 
                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 (30);
            (2) by striking the period at the end of paragraph (31) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(32) `air traffic controller' or `controller' means--
                    ``(A) a controller within the meaning of section 
                2109(1); and
                    ``(B) a civilian employee of the Department of 
                Transportation or the Department of Defense holding a 
                supervisory, managerial, executive, technical, 
                semiprofessional, or professional position for which 
                experience as an air traffic controller (as defined by 
                section 2109(1)) is a prerequisite.''

SEC. 2. EFFECTIVE DATE; CLARIFYING PROVISIONS.

    (a) Effective Date.--
            (1) This Act and the amendments made by this Act shall take 
        effect on the 60th day following the date of enactment of this 
        Act.
            (2) Notwithstanding any other provision of this Act, the 
        payment of annuity benefits authorized by this Act to any 
        person shall not occur until on or after October 1, 1995.
    (b) Clarifying Provisions.--
            (1) Mandatory separation.--Nothing in section 8335(a) or 
        section 8425(a) of title 5, United States Code, shall be 
        considered to apply with respect to an individual holding a 
        position of air traffic controller (as defined by section 
        8331(26)(B) or section 8401(32)(B) of title 5, United States 
        Code) who was first appointed to any such position before the 
        effective date of this Act.
            (2) Creditability of earlier service.--For purposes of 
        determining eligibility for an annuity under section 8336(e) or 
        section 8412(e) of title 5, United States Code, based on a 
        separation occurring on or after the effective date of this Act 
        (including for purposes relating to a survivor annuity based on 
        a death in service occurring on or after such effective date), 
        service as an air traffic controller (as defined by sections 
        8331(26)(B) or 8401(32)(B) of such title, as applicable) may 
        not be considered noncreditable solely on account of its having 
        been performed before such effective date.
            (3) Minimum service requirement.--As a prerequisite to 
        eligibility for an annuity under section 8336(e) or section 
        8412(e) of title 5, United States Code, an air traffic 
        controller, as defined in section 2109(1) of title 5, United 
        States Code, shall have performed services as an air traffic 
        controller for a period of at least seven years.

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