[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4760 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 4760

To amend title 5, United States Code, to provide that service performed 
   by an air traffic controller who is transferred or promoted to a 
  supervisory or staff position continue to be treated as controller 
                    service for retirement purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 16, 2002

 Mr. Oberstar introduced the following bill; which was referred to the 
                     Committee on Government Reform

_______________________________________________________________________

                                 A BILL


 
To amend title 5, United States Code, to provide that service performed 
   by an air traffic controller who is transferred or promoted to a 
  supervisory or staff position continue to be treated as controller 
                    service 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 Controller Retirement 
Reform Act of 2002''.

SEC. 2. DEFINITION OF AIR TRAFFIC CONTROLLER.

    (a) Civil Service Retirement System.--Section 8331 of title 5, 
United States Code, is amended--
            (1) by striking ``and'' at the end of paragraph (27);
            (2) by striking the period at the end of paragraph (28) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(29) `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 (33);
            (2) by striking the period at the end of paragraph (34) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(35) `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.''.
    (c) Mandatory Separation Treatment Not Affected.--
            (1) Civil service retirement system.--Section 8335(a) of 
        title 5, United States Code, is amended by adding at the end 
        the following: ``For purposes of this subsection, the term `air 
        traffic controller' or `controller' has the meaning given to it 
        under section 8331(29)(A).''.
            (2) Federal employees' retirement system.--Section 8425(a) 
        of title 5, United States Code, is amended by adding at the end 
        the following: ``For purposes of this subsection, the term `air 
        traffic controller' or `controller' has the meaning given to it 
        under section 8401(35)(A).''.

SEC. 3. EFFECTIVE DATE.

    (a) In General.--This Act and the amendments made by this Act--
            (1) shall take effect on the 60th day after the date of the 
        enactment of this Act; and
            (2) shall apply with respect to--
                    (A) any annuity entitlement to which is based on an 
                individual's separation from service occurring on or 
                after that 60th day; and
                    (B) any service performed by any such individual 
                before, on, or after that 60th day, subject to 
                subsection (b).
    (b) Deposit Required for Certain Prior Service To Be Creditable as 
Controller Service.--
            (1) Deposit requirement.--For purposes of determining 
        eligibility for immediate retirement under section 8412(e), the 
        amendment made by section 2(b) shall, with respect to any 
        service described in paragraph (2), be disregarded unless there 
        is deposited into the Civil Service Retirement and Disability 
        Fund, with respect to such service, in such time, form, and 
        manner as the Office of Personnel Management by regulation 
        requires, an amount equal to the amount by which--
                    (A) the deductions from pay which would have been 
                required for such service if the amendments made by 
                this Act had been in effect when such service was 
                performed, exceeds
                    (B) the unrefunded deductions or deposits actually 
                made under subchapter II of chapter 84 of such title 5 
                with respect to such service.
        The amount under the preceding sentence shall include interest, 
        computed under paragraphs (2) and (3) of section 8334(e) of 
        such title 5.
            (2) Prior service described.--This subsection applies with 
        respect to any service performed by an individual, before the 
        60th day following the date of the enactment of this Act, as an 
        employee described in section 8401(35)(B) of such title 5 (as 
        set forth in section 2(b)).
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