[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 728 Introduced in House (IH)]







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 Representatives 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 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 a controller (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 paragraph (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 Department of 
                Transportation or the Department of Defense holding a 
                supervisory, managerial, executive, technical, 
                semiprofessional, or professional position for which 
                experience as a controller (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 enactment of this Act.
    (b) Treatment of Pre-Effective Date Service.--
            (1) Employee contributions.--
                    (A) In general.--Subject to subparagraph (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 meaning 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.--Subparagraph (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 application.--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 received 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 during the period of service to which such deposit 
        relates 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 service 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 computed.
    (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 section 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 effective date of this 
Act.
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