Federal Air Traffic Controllers Annuity Computation Act of 2002 (Introduced in House)
HR 4957 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.
         
         









 
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