HR 513 IH

To amend title 10, United States Code, to provide more equitable civil service retirement and retention provisions for National Guard technicians.

February 7, 2001

Mr. PETERSON of Minnesota (for himself, Mr. WALSH, Mr. MCGOVERN, Mr. CRAMER, Mr. EVANS, Mr. LAHOOD, Mr. PETRI, Mr. SANDERS, Mr. STENHOLM, Ms. HOOLEY of Oregon, Mr. OBERSTAR, Mr. HUTCHINSON, Mr. PHELPS, Mr. FROST, Mr. STRICKLAND, Mrs. KELLY, Mr. FILNER, Mr. HINCHEY, Mrs. MYRICK, Mr. KUCINICH, Mr. KIND, Mr. DOYLE, Mr. BONIOR, Mr. MCDERMOTT, Mr. CALVERT, Mr. TERRY, Mr. GOODLATTE, and Mr. GREEN of Wisconsin) introduced the following bill; which was referred to the Committee on Armed Services

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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