[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4957 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 4957

To amend chapter 83 of title 5, United States Code, to provide for the 
   computation of annuities for air traffic controllers in a manner 
  similar to that in which annuities for law enforcement officers and 
                       firefighters are computed.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 18, 2002

 Mr. Lantos (for himself, Mr. Baca, Mr. Berman, Mr. Filner, Mr. Frost, 
 Mr. Gilman, Mr. Gordon, Mr. Green of Texas, Mr. Honda, Mrs. Jones of 
   Ohio, Mr. Kanjorski, Mr. Luther, Mr. Maloney of Connecticut, Mr. 
Matheson, Mrs. Mink of Hawaii, Mr. Oberstar, Mr. Otter, Mr. Owens, Mr. 
Peterson of Minnesota, Ms. Ros-Lehtinen, Mr. Strickland, Mrs. Thurman, 
Mr. Turner, Mr. Weiner, and Mrs. Capps) introduced the following bill; 
        which was referred to the Committee on Government Reform

_______________________________________________________________________

                                 A BILL


 
To amend chapter 83 of title 5, United States Code, to provide for the 
   computation of annuities for air traffic controllers in a manner 
  similar to that in which annuities for law enforcement officers and 
                       firefighters are computed.

    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 ``Federal Air Traffic Controllers 
Annuity Computation Act of 2002''.

SEC. 2. COMPUTATION OF ANNUITIES FOR AIR TRAFFIC CONTROLLERS RETIRING 
              UNDER THE CIVIL SERVICE RETIREMENT SYSTEM.

    Section 8339(e) of title 5, United States Code, is amended--
            (1) by striking ``(e) The annuity'' and inserting ``(e)(1) 
        Subject to paragraph (2), the annuity''; and
            (2) by adding at the end the following:
    ``(2)(A) In lieu of an annuity computed under paragraph (1), the 
annuity of an employee who meets the requirements of subparagraph (B) 
is--
            ``(i) 2\1/2\ percent of the average pay of such employee 
        multiplied by so much of the total service of such employee as 
        does not exceed 20 years; plus
            ``(ii) 2 percent of the average pay of such employee 
        multiplied by so much of the total service of such employee as 
        exceeds 20 years.
    ``(B) An individual shall not be eligible for an annuity computed 
under this paragraph unless such individual--
            ``(i) retires under section 8335(a) or 8336(e) on or after 
        the effective date of this paragraph;
            ``(ii) files an election with the Office of Personnel 
        Management to have such individual's annuity computed under 
        this paragraph; and
            ``(iii) pays the amount described in subparagraph (C).
    ``(C) The amount described in this subparagraph is the amount (as 
determined by the Office of Personnel Management) equal to--
            ``(i) the difference between--
                    ``(I) the amount deducted and withheld from pay 
                under this subchapter for each period of service 
                performed by such individual as an air traffic 
                controller; and
                    ``(II) the amount that would have been deducted and 
                withheld for each such period, if such service had 
                instead been performed as a law enforcement officer; 
                plus
            ``(ii) interest on the amount determined under clause (i), 
        computed under section 8334(e).
For the purpose of survivor annuities, an election under subparagraph 
(B)(ii) or payment under subparagraph (B)(iii) may also be made by a 
survivor of an individual who satisfied subparagraph (B)(i) (or who, as 
of date of death, satisfied the age and service requirements to retire 
under section 8335(a) or 8336(e)), unless the decedent's date of death 
precedes the effective date of this paragraph.
    ``(D) The Federal Aviation Administration or the Department of 
Defense (whichever was the employing agency at the time of the service 
involved) shall pay an amount for applicable agency contributions based 
on payments made under subparagraph (C) (as determined by the Office).
    ``(E) All individual and agency contributions under this paragraph 
shall be deposited in the Civil Service Retirement and Disability 
Fund.''.

SEC. 3. REGULATIONS.

    After consultation with the Federal Aviation Administration and the 
Department of Defense, the Office of Personnel Management shall 
prescribe regulations to carry out the amendments made by this Act, 
including regulations relating to employee contributions under section 
8339(e)(2) of title 5, United States Code (as added by this Act) and 
related deposits that are similar to regulations under section 8334 of 
such title.

SEC. 4. EFFECTIVE DATE.

    The amendments made by this Act shall take effect 60 days after the 
date of the enactment of this Act.
                                 <all>