National Guard Technician Equity Act - Provides a person the right to be employed as a non-dual status technician if: (1) the technician position has been designated to be filled only by a non-dual status technician, or (2) the person occupying the technician position has at least 20 years of service as a dual status military technician.
Repeals: (1) the permanent limitation on the number of non-dual status technicians, and (2) the prohibition against overtime pay for National Guard technicians.
Provides for: (1) continued compensation for a military technician who was hired as a dual status technician but who is no longer a member of the Selected Reserve; and (2) certain enlistment, reenlistment, and student loan benefits for military technicians.
Provides for a technician's rights of grievance, arbitration, appeal, and review beyond the current stage of the adjutant general of the jurisdiction concerned.
Makes a dual status military technician eligible for early retirement if separating from the Selected Reserve or ceasing to hold a specified military grade after: (1) completing 25 years of technician service, or (2) becoming 50 years old and completing 20 years of such service.
Increases annual paid employment leave to 30 days for reserve or National Guard duty.
Revises specified provisions regarding employer health plan contributions for members of a reserve component of the Armed Forces.
Reduces to 55 the eligibility age for retired pay for non-regular service.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1169 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 1169
To amend titles 5, 10, and 32, United States Code, to eliminate
inequities in the treatment of National Guard technicians, to reduce
the eligibility age for retirement for non-Regular service, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2011
Mr. Andrews introduced the following bill; which was referred to the
Committee on Armed Services, and in addition to the Committee on
Oversight and Government Reform, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend titles 5, 10, and 32, United States Code, to eliminate
inequities in the treatment of National Guard technicians, to reduce
the eligibility age for retirement for non-Regular service, and for
other 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 ``National Guard Technician Equity
Act''.
SEC. 2. TITLES 10 AND 32, UNITED STATES CODE, AMENDMENTS REGARDING
NATIONAL GUARD TECHNICIANS AND RELATED PROVISIONS.
(a) Authority To Employ Technician as Non-Dual Status Technician
After 20 Years of Creditable Service.--Subsection (c) of section 709 of
title 32, United States Code, is amended to read as follows:
``(c) A person shall have the right to be employed under subsection
(a) as a non-dual status technician (as defined by section 10217 of
title 10) if--
``(1) the technician position occupied by the person has
been designated by the Secretary concerned to be filled only by
a non-dual status technician; or
``(2) the person occupying the technician position has at
least 20 years of creditable service as a military technician
(dual status).''.
(b) Exception to Dual-Status Employment Condition of Membership in
Selected Reserve.--Section 10216 of title 10, United States Code, is
amended--
(1) in subsection (a)(1)(B), by inserting ``subject to
subsection (d),'' before ``is required''; and
(2) in subsection (d)(1), by striking ``Unless specifically
exempted by law'' and inserting ``Except as provided in section
709(c)(2) of title 32 or as otherwise specifically exempted by
law''.
(c) Continued Compensation After Loss of Membership in Selected
Reserve.--Subsection (e) of section 10216 of title 10, United States
Code, is amended to read as follows:
``(e) Continued Compensation After Loss of Membership in Selected
Reserve.--Funds appropriated for the Department of Defense may continue
to be used to provide compensation to a military technician who was
hired as a military technician (dual status), but who is no longer a
member of the Selected Reserve.''.
(d) Repeal of Permanent Limitations on Number of Non-Dual Status
Technicians.--Section 10217 of title 10, United States Code, is amended
by striking subsection (c).
(e) Technician Restricted Right of Appeal and Adverse Actions
Covered.--
(1) Rights of grievance, arbitration, appeal, and review
beyond ag.--Section 709 of title 32, United States Code, is
amended--
(A) in subsection (f)--
(i) in the matter preceding paragraph (1),
by striking ``Notwithstanding any other
provision of law and under'' and inserting
``Under''; and
(ii) in paragraph (4), by striking ``a
right of appeal'' and inserting ``subject to
subsection (j), a right of appeal''; and
(B) by adding at the end the following new
subsection:
``(j)(1) Notwithstanding subsection (f)(4) or any other provision
of law, a technician and a labor organization that is the exclusive
representative of a bargaining unit including the technician shall have
the rights of grievance, arbitration, appeal, and review extending
beyond the adjutant general of the jurisdiction concerned and to the
Merit Systems Protection Board and thereafter to the United States
Court of Appeals for the Federal Circuit, in the same manner as
provided in sections 4303, 7121, and 7701-7703 of title 5, with respect
to a performance-based or adverse action imposing removal, suspension
for more than 14 days, furlough for 30 days or less, or reduction in
pay or pay band (or comparable reduction).
``(2) This subsection does not apply to a technician who is serving
under a temporary appointment or in a trial or probationary period.''.
(2) Adverse actions covered.--Section 709(g) of title 32,
United States Code, is amended by striking ``7511, and 7512''.
(3) Conforming amendment.--Section 7511(b) of title 5,
United States Code, is amended--
(A) by striking paragraph (5); and
(B) by redesignating paragraphs (6) through (10) as
paragraphs (5) through (9), respectively.
(f) Technician Seniority Rights During RIF.--Subsection (g) of
section 709 of title 32, United States Code, as amended by subsection
(e)(2), is amended to read as follows:
``(g) Section 2108 of title 5 does not apply to a person employed
under this section.''.
(g) Availability of Certain Enlistment, Reenlistment, and Student
Loan Benefits for Military Technicians.--Section 10216 of title 10,
United States Code, is amended by adding at the end the following new
subsection:
``(h) Eligibility for Bonuses and Other Benefits.--(1) If an
individual becomes employed as a military technician (dual status)
while the individual is already a member of a reserve component, the
Secretary concerned may not require the individual to repay any
enlistment, reenlistment, or affiliation bonus provided to the
individual in connection with the individual's enlistment or
reenlistment before such employment.
``(2) Even though an individual employed as a military technician
(dual status) is required as a condition of that employment to maintain
membership in the Selected Reserve, the individual shall not be
precluded from receiving an enlistment, reenlistment, or affiliation
bonus nor be denied the opportunity to participate in an educational
loan repayment program under chapter 1609 of this title as an
additional incentive for the individual to accept and maintain such
membership''.
(h) Repeal of Prohibition Against Overtime Pay for National Guard
Technicians.--Section 709(h) of title 32, United States Code, is
amended by striking the second sentence and inserting the following new
sentence: ``The Secretary concerned shall pay a technician for
irregular or overtime work at a rate equal to one and one-half times
the rate of basic pay applicable to the technician, except that, at the
request of the technician, the Secretary may grant the technician,
instead of such pay, an amount of compensatory time off from the
technician's scheduled tour of duty equal to the amount of time spent
in such irregular or overtime work.''.
SEC. 3. TITLE 5, UNITED STATES CODE, AMENDMENTS REGARDING NATIONAL
GUARD TECHNICIANS AND RELATED PROVISIONS.
(a) Lowering Retirement Age.--
(1) Amendment to fers.--Subsection (c) of section 8414 of
title 5, United States Code, is amended to read as follows:
``(c)(1) Under the circumstances described in paragraph (2), an
employee who is separated from service as a military technician (dual
status) is entitled to an annuity if the separation is by reason of
either--
``(A) separating from the Selected Reserve; or
``(B) ceasing to hold the military grade specified by the
Secretary concerned for the position involved.
``(2) Except as provided in paragraph (3), paragraph (1) applies to
a military technician (dual status) who is separated--
``(A) after completing 25 years of service as such a
technician, or
``(B) after becoming 50 years of age and completing 20
years of service as such a technician.
``(3) Paragraph (1) does not apply if separation or removal is for
cause on charges of misconduct or delinquency.''.
(2) Amendment to csrs.--Section 8336 of title 5, United
States Code, is amended by adding at the end the following new
subsection:
``(q)(1) Under the circumstances described in paragraph (2), an
employee who is separated from service as a military technician (dual
status) is entitled to an annuity if the separation is by reason of
either--
``(A) separating from the Selected Reserve; or
``(B) ceasing to hold the military grade specified by the
Secretary concerned for the position involved.
``(2) Except as provided in paragraph (3), paragraph (1) applies to
a military technician (dual status) who is separated--
``(A) after completing 25 years of service as such a
technician, or
``(B) after becoming 50 years of age and completing 20
years of service as such a technician.
``(3) Paragraph (1) does not apply if separation or removal is for
cause on charges of misconduct or delinquency.''.
(b) Adequate Leave Time for Military Activations.--Section
6323(a)(1) of title 5, United States Code, is amended by striking the
last sentence and inserting the following new sentence: ``Leave under
this subsection accrues for an employee or individual at the rate of 30
days per fiscal year and, to the extent that such leave is not used by
the employee or individual during the fiscal year accrued, accumulates
without limitation for use in succeeding fiscal years.''.
(c) Improved Health Care Benefits.--
(1) FEHBP changes.--Subparagraph (B) of section 8906(e)(3)
of title 5, United States Code, is amended to read as follows:
``(B) An employee referred to in subparagraph (A) is an employee
who--
``(i) is enrolled in a health benefits plan under this
chapter;
``(ii) is a member of a reserve component of the Armed
Forces;
``(iii) is placed on leave without pay or separated from
service to perform the active duty or other duties described in
clause (iv); and
``(iv) is called or ordered to--
``(I) active duty in support of a contingency
operation (as defined in section 101(a)(13) of title
10);
``(II) active duty for a period of more than 30
consecutive days;
``(III) active duty under section 12406 of title
10;
``(IV) perform training or other duties described
under paragraph (1) or (2) of section 502(f) of title
32; or
``(V) while not in Federal service, perform duties
related to an emergency declared by the chief executive
of a State, the District of Columbia, the Commonwealth
of Puerto Rico, or a territory or possession of the
United States.''.
(2) Study and report.--
(A) In general.--Within 6 months after the date of
the enactment of this Act, the Secretary of Defense and
the Director of the Office of Personnel Management
shall jointly conduct a study and submit to Congress a
report--
(i) evaluating the feasibility of
converting military technicians from FEHBP
coverage to coverage provided under the TRICARE
or TRICARE Reserve Select program (or both);
and
(ii) identifying any problems associated
with the conversion of military technicians
from FEHBP coverage to coverage provided under
chapter 55 of title 10, United States Code,
during contingency operations.
(B) Definitions.--For purposes of this subsection--
(i) the term ``FEHBP coverage'' means
coverage provided under chapter 89 of title 5,
United States Code; and
(ii) the term ``contingency operation'' has
the meaning given that term in section
101(a)(13) of title 10, United States Code.
SEC. 4. REDUCTION IN ELIGIBILITY AGE FOR RETIREMENT FOR NON-REGULAR
SERVICE.
Section 12731(f) of title 10, United States Code, is amended by
striking ``60 years of age'' both places it appears and inserting ``55
years of age''.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E513)
Referred to the Committee on Armed Services, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Armed Services, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Military Personnel.
Referred to the Subcommittee on Federal Workforce, U.S. Postal Service, and Labor Policy.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line