FILE h728.ih
          HR 728 IH
          105th CONGRESS
          1st Session
          To amend title 5, United States Code, to provide that service
          performed by air traffic second-level supervisors and managers be
          made creditable for retirement purposes.
                             IN THE HOUSE OF REPRESENTATIVES
                                    February 12, 1997
          Mr. OBERSTAR introduced the following bill; which was referred to
              the Committee on Government Reform and Oversight
                                         A BILL
          To amend title 5, United States Code, to provide that service
          performed by air traffic second-level supervisors and managers be
          made creditable 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 Supervisor Retirement
          Reform Act of 1997'.
          SEC. 2. AMENDMENTS.
            (a) CIVIL SERVICE RETIREMENT SYSTEM- Section 8331 of title 5,
          United States Code, is amended--
                (1) by striking `and' at the end of paragraph (25);
                (2) by striking the period at the end of paragraph (26) and
              inserting `; and'; and
                (3) by adding at the end the following:
                `(27) `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 (31);
                (2) by striking the period at the end of paragraph (32) and
              inserting `; and'; and
                (3) by adding at the end the following:
                `(33) `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.'
          SEC. 3. EFFECTIVE DATE; OTHER PROVISIONS.
            (a) EFFECTIVE DATE- Subject to subsections (b) and (c), this Act
          and the amendments made by this Act shall take effect on the 60th
          day after the date of enactment of this Act.
            (b) TREATMENT OF PRE-EFFECTIVE DATE SERVICE- 
                (1) EMPLOYEE CONTRIBUTIONS- 
                    (A) IN GENERAL- Subject to subparagraph (C), upon
                  application to the Office of Personnel Management, any
                  service to which this subsection applies shall, for 
                  purposes of chapter 83 or 84 of title 5, United States 
                  Code, as applicable, be treated in the same way as if the
                  amendments made by this Act had been in effect when such
                  service was rendered.
                    (B) SERVICE TO WHICH THIS SUBSECTION APPLIES- This
                  subsection applies with respect to any service as a
                  controller, within the meaning of section 8331(27)(B) or
                  8401(33)(B) of title 5, United States Code (as amended by
                  this Act), performed before the effective date of this Act.
                    (C) REQUIREMENTS- 
                        (i) DEPOSIT REQUIREMENT- Subparagraph (A) shall not
                      apply with respect to any service unless there is
                      deposited into the Civil Service Retirement and
                      Disability Fund, with interest, an amount equal to the
                      amount by which--
            (I) the deductions from pay which would have been required for
          such service had the amendments made by this Act been in effect 
          when such service was rendered, exceeds
            (II) the unrefunded deductions or deposits actually made, under
          section 8334 or 8422 of title 5, United States Code, as applicable,
          with respect to such service.
                        (ii) STATUS AT TIME OF APPLICATION- This paragraph
                      shall not apply with respect to any individual who is
                      not serving as a controller, within the meaning of
                      either provision cited in subparagraph (B), on the date
                      on which an application under this paragraph is made
                      with respect to any service of such individual.
                    (D) CERTIFICATION- For purposes of chapter 83 or 84 of
                  title 5, United States Code, the Office shall accept the
                  certification of the Secretary of Transportation or the
                  Secretary of Defense, as the case may be, concerning the
                  service of, and the amount of compensation received by, an
                  individual with respect to any service for which an
                  application under this paragraph is made.
                (2) GOVERNMENT CONTRIBUTIONS- Not later than 90 days after 
              the full deposit required under paragraph (1) with respect to 
              an individual has been paid, the agency that employed such
              individual during the period of service to which such deposit
              relates shall pay into the Civil Service Retirement and
              Disability Fund, with interest, an amount equal to the amount 
              by which--
                    (A) the Government contributions which would have been
                  required to have been paid into the Fund for such service
                  had the amendments made by this Act been in effect when 
                  such service was rendered, exceeds
                    (B) the Government contributions actually made, under
                  section 8334 or 8423 of title 5, United States Code, as
                  applicable, with respect to such service.
                (3) REGULATIONS- The Office shall prescribe such regulations
              as may be necessary to carry out this subsection, including
              provisions relating to the time and manner in which any
              application or deposit shall be made, and how any interest 
              shall be computed.
            (c) MANDATORY SEPARATION- Nothing in section 8335(a) or 8425(a) 
          of title 5, United States Code, shall be considered to require the
          separation of an individual from a position as a controller (within
          the meaning of section 8331(27)(B) or section 8401(33)(B) of title
          5, United States Code (as amended by this Act), if such individual
          was first appointed to any such position before the effective date
          of this Act.