FSS Retirement Fairness Act of 2010 - Allows certain flight service station (FSS) controllers, employed by Department of Transportation (DOT), to elect to treat qualified service in the same manner as if it had been performed as an FSS controller for purposes of determining eligibility for immediate retirement and computation of annuity under either the Civil Service Retirement System (CSRS) or the Federal Employees' Retirement System (FERS).
Limits the application of this Act, with specified exclusions, to FSS controllers who were separated from government service (other than for cause), or were transferred from an FSS controller position to a different government position (other than as an air traffic controller), during the period from February 1-October 3, 2005, and had completed at least five years of qualified service (as an employee of a contractor or an otherwise creditable position other than as an air traffic controller) as of the date of such separation or reassignment.
Requires certain individuals who make such election to make contributions to the Civil Service Retirement and Disability Fund with respect to qualified service performed after the effective date of such election.
Prescribes special rules relating to: (1) immediate retirement, including continued enrollment in a Federal Employee Health Benefits Plan; and (2) recomputation of the annuity of any individual (or survivor) otherwise excluded from application of this Act because of entitlement to a CSRS or a FERS annuity based on the individual's government service.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5115 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 5115
To recognize the key contributions of flight support specialists to our
Nation's aviation safety by restoring the retirement treatment of
flight support specialists whose functions were outsourced by the
Federal Government in 2005.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 22, 2010
Mr. Schauer (for himself and Mr. Rush) introduced the following bill;
which was referred to the Committee on Oversight and Government Reform
_______________________________________________________________________
A BILL
To recognize the key contributions of flight support specialists to our
Nation's aviation safety by restoring the retirement treatment of
flight support specialists whose functions were outsourced by the
Federal Government in 2005.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``FSS Retirement
Fairness Act of 2010''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Applicability.
Sec. 4. Provisions relating to persons other than annuitants.
Sec. 5. Special rule relating to immediate retirement.
Sec. 6. Provisions relating to annuitants.
Sec. 7. Regulations.
SEC. 2. DEFINITIONS.
For purposes of this Act--
(1) the term ``air traffic controller'' has the meaning
given such term under section 2109 of title 5, United States
Code;
(2) the term ``flight service station controller'' or ``FSS
controller'' means a civilian employee of the Department of
Transportation who is--
(A) an air traffic controller within the meaning of
section 2109(1)(A)(ii) of title 5, United States Code;
or
(B) an air traffic controller within the meaning of
section 2109(1)(B) of title 5, United States Code, who
supervises air traffic controllers described in
subparagraph (A);
(3) the term ``Government retirement system'' means--
(A) the retirement system under subchapter III of
chapter 83 of title 5, United States Code (relating to
the Civil Service Retirement System); and
(B) the retirement system under chapter 84 of title
5, United States Code (relating to the Federal
Employees' Retirement System);
(4) the terms ``lump-sum credit'', ``average pay'', and
``Government'' have the respective meanings given such terms
under the Government retirement system involved; and
(5) the term ``Civil Service Retirement and Disability
Fund'' refers to the fund under section 8348 of title 5, United
States Code.
SEC. 3. APPLICABILITY.
(a) In General.--This Act shall apply with respect to any
individual who--
(1) during the period beginning on February 1, 2005, and
ending on October 3, 2005--
(A) was separated from Government service, either
voluntarily or involuntarily (other than for cause on
charges of misconduct or delinquency), from a flight
service station controller position; or
(B) was reassigned or transferred from an FSS
controller position--
(i) to a different Government position
(other than as an air traffic controller) in
which such individual ceased to be subject to a
Government retirement system; or
(ii) to a different Government position
(other than as an air traffic controller) in
which such individual remained subject to a
Government retirement system; and
(2) as of the date of the separation described in paragraph
(1)(A) or of the reassignment or transfer (as the case may be)
described in paragraph (1)(B), had completed at least 5 years
of service as an FSS controller which was creditable for
purposes of a Government retirement system.
(b) Exclusions.--Notwithstanding any provision of subsection (a),
this Act shall not apply with respect to--
(1) any individual who, as of the date of the enactment of
this Act, is otherwise entitled (or would, on proper
application, otherwise be entitled) to an annuity under a
Government retirement system (including an annuity under
section 8414 of title 5, United States Code) based on the
service of such individual, except as provided in section 6; or
(2) any individual--
(A) for purposes of subchapter III of chapter 83 of
title 5, United States Code, if, as of the date of the
enactment of this Act, such individual--
(i) has taken a lump-sum credit under
section 8342 of such title 5 which had the
effect of terminating all rights under such
subchapter based on the service of such
individual as an FSS controller; and
(ii) has not made the deposit required in
order to have credit for such service restored
under such subchapter, as determined by the
Office of Personnel Management; or
(B) for purposes of chapter 84 of title 5, United
States Code, if, as of the date of the enactment of
this Act, such individual has taken a lump-sum credit
under section 8424 of such title 5 which had the effect
of terminating all rights under such chapter based on
the service of such individual as an FSS controller.
SEC. 4. PROVISIONS RELATING TO PERSONS OTHER THAN ANNUITANTS.
(a) Qualified Service.--For purposes of this Act, the term
``qualified service'' means--
(1) any service performed as an employee of a contractor
described in section 179(a)(1)(A) of the Transportation,
Treasury, Housing and Urban Development, the Judiciary, the
District of Columbia, and Independent Agencies Appropriations
Act, 2006 (Public Law 109-115; 119 Stat. 2427); and
(2) any service which (disregarding this Act) is otherwise
creditable under subchapter III of chapter 83, or under chapter
84, of title 5, United States Code, other than as an air
traffic controller;
except that such term shall not include any service performed by an
individual after the last day of the month in which such individual
becomes 56 years of age or, in the case of service described in
paragraph (1), any service performed on a temporary, intermittent, or
other basis which, if performed as an FSS controller, would not be
creditable, for retirement purposes, by reason of section 8347(g) or
8402(c) of title 5, United States Code, or any other similar provision
of law, as determined by the Office of Personnel Management.
(b) Election.--Any individual to whom this Act applies may, within
such period of time (not less than 12 months in duration) and otherwise
in such manner as the Office of Personnel Management shall by
regulation prescribe, make an election under this section.
(c) Effect of an Election.--An individual making an election under
this section shall be entitled--
(1) with respect to qualified service performed by such
individual during the period beginning on February 1, 2005, and
ending on the effective date of such election--
(A) to have such service treated in the same manner
as if it had been performed as an FSS controller for
purposes of--
(i) any determination of eligibility for
immediate retirement under section 8336(e) or
8412(e) of title 5, United States Code, or
under section 5; and
(ii) any computation of annuity under--
(I) the provisions of section
8339(e), or subsection (d) or (e) of
section 8415 of title 5, United States
Code; or
(II) any of the provisions referred
to in subclause (I), applied in
accordance with section 5; except that
(B) no compensation received for service performed
during such period may be taken into account for
purposes of any determination of such individual's
average pay; and
(2) with respect to qualified service performed by such
individual after the effective date of such election--
(A) to have such service treated in the same manner
as if it had been performed as an FSS controller for
purposes of--
(i) any determination of eligibility for
immediate retirement under section 8336(e) or
8412(e) of title 5, United States Code, or
under section 5; and
(ii) any computation of annuity under--
(I) the provisions of section
8339(e), or subsection (d) or (e) of
section 8415 of title 5, United States
Code; or
(II) any of the provisions referred
to in subclause (I), applied in
accordance with section 5, and
(B) to have basic pay received by such individual
for such service (not to exceed the amount determined
applying the rate of basic pay last received by the
individual while serving as an FSS controller before
the date of such election) treated in the same manner
as if it were basic pay received for service performed
as an FSS controller, for purposes of any determination
of such individual's average pay,
subject to subsection (d).
(d) Employee Contributions Required for Post-Election Service.--
(1) In general.--The provisions of subsection (c)(2) shall
not apply unless, as part of the election made by the
individual under this section, such individual agrees to make
contributions to the Civil Service Retirement and Disability
Fund in conformance with the requirements of this subsection.
(2) Requirements relating to qualified service otherwise
subject to a government retirement system.--Under this
subsection, in the case of any qualified service performed by
an individual in a Government position (other than an FSS
controller position) on the basis of which such individual is
subject to a Government retirement system, the employee
contribution shall be determined based on--
(A) the basic pay actually received by such
individual for such service (determined in a manner
consistent with the limitation specified in the
parenthetical matter contained in subsection
(c)(2)(B)); and
(B) the percentage contribution which would be
required if the individual were serving in an FSS
controller position.
(3) Requirements relating to qualified service not
otherwise subject to any government retirement system.--Under
this subsection, in the case of any qualified service which is
not covered by paragraph (2), the electing individual shall pay
currently into the Civil Service Retirement and Disability
Fund, in accordance with arrangements acceptable to the Office
of Personnel Management, the employee contributions which would
be determined, under applicable provisions of subchapter III of
chapter 83, or of chapter 84, of title 5, United States Code,
as the case may be, based on--
(A) the basic pay actually received by such
individual for such service (determined in a manner
consistent with the limitation specified in the
parenthetical matter contained in subsection
(c)(2)(B)); and
(B) the percentage contribution which would be
required if the individual were serving in an FSS
controller position,
treating the pay received by such individual for such service
as if it were basic pay within the meaning of subchapter III of
chapter 83, or of chapter 84, of title 5, United States Code
(whichever Government retirement system applied at the time of
the individual's separation described in section 3(a)(1)(A) or
reassignment or transfer described in section 3(a)(1)(B), as
the case may be).
(e) Government Contributions.--Nothing in this section shall be
considered--
(1) to affect the amount of any contributions which (but
for this Act) would otherwise be payable by an employing
Governmental entity under section 8334 or 8423 of title 5,
United States Code, with respect to any Government service
actually performed by such employee during any period of time
to which subsection (c)(1) or (c)(2) applies; or
(2) to create any obligation on the part of any non-
Governmental entity to make any employer contributions to the
Civil Service Retirement and Disability Fund with respect to
any service performed during any period of time to which either
subsection (c)(1) or subsection (c)(2) applies.
SEC. 5. SPECIAL RULE RELATING TO IMMEDIATE RETIREMENT.
(a) In General.--In the case of an individual who makes an election
under section 4, any determination of eligibility for or the amount of
any annuity to which such individual is entitled under subchapter III
of chapter 83 or under chapter 84 of title 5, United States Code, shall
be made in accordance with the provisions of law that would otherwise
apply, subject to the following:
(1) In addition to any other combination of age and service
for entitlement to an immediate annuity which might otherwise
apply, any such individual is entitled to an immediate
annuity--
(A) if the individual is an individual who, as of
the effective date of such individual's election under
section 4, is not performing service which is subject
to a Government retirement system, beginning on the
later of--
(i) the last day of the month in which such
individual attains 56 years of age; or
(ii) the effective date of such election;
except if the individual has become (and as of the date
specified in clause (i) or (ii), whichever would
otherwise apply, remains) a Government employee subject
to a Government retirement system, in which case
entitlement commences on the date described in
subparagraph (B)(ii); or
(B) if the individual is an individual who is not
covered by subparagraph (A), beginning on the later
of--
(i) the last day of the month in which such
individual attains 56 years of age; or
(ii) the date on which such individual
separates from Government service or transfers
to a position which is not subject to a
Government retirement system.
(2) The annuity of a former FSS controller who becomes
entitled to an immediate annuity pursuant to this subsection
shall, under regulations prescribed by the Office of Personnel
Management, be computed--
(A) with respect to service subject to subchapter
III of chapter 83 of title 5, United States Code, in
the same manner as would apply under section 8339(e) of
such title if such controller had retired under section
8336(e) of such title; and
(B) with respect to service subject to chapter 84
of title 5, United States Code--
(i) in the same manner as would apply under
section 8415(d) of such title if such
controller had retired under section 8412(e) of
such title; except that
(ii) the total service used in computing
such annuity may not exceed--
(I) the total service that would
(but for this Act) otherwise have been
used; plus
(II) any qualified service which is
creditable for that purpose by reason
of section 4.
(3) The average pay used in any computation under paragraph
(2) shall be determined in accordance with the provisions of
law that (disregarding this Act) would otherwise apply, subject
to paragraphs (1)(B) and (2)(B) of section 4(c).
(4) In the case of an individual described in paragraph
(1)(A), such individual shall, for purposes of any
determination of eligibility for an annuity under subchapter
III of chapter 83 of title 5, United States Code, by reason of
this subsection, be considered to have satisfied the
requirement of section 8333(b) of such title if such individual
would have satisfied such requirement had such individual
separated from service on the date of such individual's
separation under section 3(a)(1)(A) or reassignment or transfer
under section 3(a)(1)(B), as the case may be.
(b) FEHBP.--In the case of an individual who becomes entitled to an
immediate annuity by reason of subsection (a), the condition for
continued enrollment in a health benefits plan under section 8905(b) of
title 5, United States Code, shall be considered met if--
(1) in the case of an individual whose entitlement arises
pursuant to a separation from Government service (including a
reassignment or transfer to a position in which such individual
ceases to be subject to a Government retirement system), such
condition is met by such individual either--
(A) at the time of separation; or
(B) at the time of such individual's separation (as
described in section 3(a)(1)(A)) or reassignment or
transfer (as described in section 3(a)(1)(B)); or
(2) in the case of an individual whose entitlement arises
in a manner other than as described in paragraph (1), such
condition is met by such individual at the time described in
paragraph (1)(B).
An individual who becomes eligible for continued enrollment in a health
benefits plan by reason of this subsection may do so by filing an
application at the time and under the conditions prescribed by the
Office of Personnel Management in regulations. Continued enrollment
under this subsection shall be implemented based on the individual's
enrollment as of the time specified in paragraph (1) or (2), as the
case may be, except that nothing in this subsection shall be considered
to allow coverage to be obtained for any goods or services received, or
to require that any individual or Government contributions for coverage
be made with respect to any period ending, before the date on which the
individual enrolls in a health benefits plan under the preceding
sentence.
SEC. 6. PROVISIONS RELATING TO ANNUITANTS.
(a) In General.--The annuity of any individual who is excluded from
the application of the preceding provisions of this Act by reason of
section 3(b)(1) shall, upon application filed by such individual within
the time and in the manner prescribed under section 4(b), be
recomputed, effective with respect to amounts accruing for months
beginning on or after the date of such application, so that the amount
of such annuity is equal to the amount that would then be payable if--
(1) any qualified service performed by such individual
during the period beginning on February 1, 2005, and ending on
the effective date of the application had been credited under
subchapter III of chapter 83 of title 5, United States Code, or
chapter 84 of such title, as the case may be, as if FSS
controller service;
(2) such individual had separated from service on the
latest of--
(A) the separation date on which such individual's
annuity would otherwise be based;
(B) the effective date of the application; or
(C) the last day of qualified service performed by
such individual, if earlier than the date under
subparagraph (B); and
(3) as of the separation date determined under paragraph
(2), such individual was entitled to--
(A) retire under section 8336(e) of title 5, United
States Code, and computation of annuity under section
8339(e) of such title; or
(B) retire under section 8412(e) of title 5, United
States Code, and computation of annuity under section
8415(d) of such title,
as the case may be, subject to the condition specified in
section 4(c)(1)(B).
(b) Survivors.--In the case of an individual eligible to submit an
application under subsection (a) who dies before the end of the period
allowable under section 4(b), an application under this section may,
for purposes of any survivor annuity, be made--
(1) by a survivor of the individual; and
(2) if submitted by--
(A) the deadline that would apply under subsection
(a); or
(B) if later, the date occurring 12 months after
the individual's date of death.
(c) Definition.--For purposes of subsection (b), the term
``effective date of the application'' means the first day of the first
month beginning on or after the date on which such application is duly
filed.
SEC. 7. REGULATIONS.
The Office of Personnel Management may prescribe any regulations
necessary to carry out this Act, including provisions for determining
``basic pay'' in connection with service performed for a non-Government
entity.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Oversight and Government Reform.
Referred to the Subcommittee on Federal Workforce, Post Office, and the District of Columbia.
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