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.

March 12, 2003

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

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 2003'.

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 Genera- 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 thee 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)).

END