[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5342 Introduced in House (IH)]







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. Kaptur, 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 Representatives 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 following new section:
``Sec. 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 individual employed by the National Guard as a 
military technician (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 eligible at the 
time dual status is lost for an unreduced annuity 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 appointed 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 technician is 
considered to lose dual status upon--
            ``(A) being separated from the Selected Reserve; or
            ``(B) ceasing to hold the military grade specified by the 
        Secretary concerned for the position held by the technician.
    ``(b) Unreduced Annuity Defined.--For purposes 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 retirement 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''.
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