13a8
<PRE>[DOCID: f:s871is.txt]






107th CONGRESS
  1st Session
                                 S. 871

To amend chapter 83 of title 5, United States Code, to provide for the 
   computation of annuities for air traffic controllers in a similar 
manner as the computation of annuities for law enforcement officers and 
                             firefighters.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 10, 2001

    Mr. Cleland (for himself, Mr. Kerry, Mr. Reid, and Mr. Dayton) 
introduced the following bill; which was read twice and referred to the 
                   Committee on Governmental Affairs

_______________________________________________________________________

                                 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 similar 
manner as the computation of annuities for law enforcement officers and 
                             firefighters.

    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 2001''.

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) in the first sentence by striking ``The annuity'' and 
        inserting ``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 retiring under section 8335(a) 
        or 8336(e) who meets the requirements of subparagraph (B) is--
                    ``(i) 2\1/2\ percent of the average pay of that 
                employee multiplied by so much of the total service of 
                that employee as does not exceed 20 years; plus
                    ``(ii) 2 percent of the average pay of that 
                employee multiplied by so much of the total service of 
                that employee as exceeds 20 years;
        unless that employee has received, under section 8342, payment 
        of the lump-sum credit attributable to deductions under section 
        8334(a) during any period of employment as an air traffic 
        controller and such employee has not deposited in the Fund the 
        amount received, with interest, under section 8334(d)(1).
            ``(B)(i) An individual may have an annuity computed under 
        subparagraph (A) if the individual--
                    ``(I) retires as an air traffic controller on or 
                after the effective date of the Federal Air Traffic 
                Controller Annuity Computation Act of 2001;
                    ``(II) files an election with the Office of 
                Personnel Management to have an annuity computed under 
                this paragraph; and
                    ``(III) makes the payment under clause (ii).
            ``(ii) An individual who makes an election under clause (i) 
        shall pay an amount determined by the Office of Personnel 
        Management equal to--
                    ``(I) the difference between--
                            ``(aa) the amount deducted and withheld 
                        from pay under this chapter during any period 
                        of service performed by that individual as an 
                        air traffic controller; and
                            ``(bb) the amount that would have been 
                        deducted and withheld during any such period, 
                        if service during that period had been 
                        performed as a law enforcement officer; and
                    ``(II) interest prescribed under section 8334(e) 
                based on the amount determined under subclause (I).
            ``(iii) The Federal Aviation Administration shall pay an 
        amount for applicable agency contributions based on payments 
        made under clause (ii).
            ``(iv) Payments under clauses (ii) and (iii) shall be 
        deposited in the Civil Service Retirement and Disability 
        Fund.''.

SEC. 3. REGULATIONS.

    After consultation with the Federal Aviation Administration, 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.

    This Act takes effect 60 days after the date of enactment of this 
Act.
                                 &lt;all&gt;

0