AIR TRAFFIC CONTROLLER RETIREMENT.

SEC. 226. AIR TRAFFIC CONTROLLER RETIREMENT.(a) Air Traffic Controller Defined.—(1) Civil service retirement system.—Section 8331 of title 5, United States Code, is amended—(A) by striking “and” at the end of paragraph (27);(B) by striking the period at the end of paragraph (28) and inserting “; and”; and(C) by adding at the end the following:“(29) the term ‘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 who is the immediate supervisor of a person described in section 2109(1)(B).”.(2) Federal employees’ retirement system.—Section 8401 of title 5, United States Code, is amended—(A) by striking “and” at the end of paragraph (33);(B) by striking the period at the end of paragraph (34) and inserting “; and”; and(C) by adding at the end the following:“(35) the term ‘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 who is the immediate supervisor of a person described in section 2109(1)(B).”.(3) Mandatory separation treatment not affected.—(A) Civil service retirement system.—Section 8335(a) of title 5, United States Code, is amended by adding at the end the following: “For purposes of this subsection, the term ‘air traffic controller’ or ‘controller’ has the meaning given to it under section 8331(29)(A).”.(B) Federal employees’ retirement system.—Section 8425(a) of title 5, United States Code, is amended by adding at the end the following: “For purposes of this 117 STAT. 2530 subsection, the term ‘air traffic controller’ or ‘controller’ has the meaning given to it under section 8401(35)(A).”.(b) Modified Annuity Computation Rule for Certain Air Traffic Controllers Under FERS.—(1) In general.—Section 8415 of title 5, United States Code, is amended—(A) by redesignating subsections (e) through (j) as subsections (f) through (k), respectively, and by redesignating the second subsection (i) as subsection (l); and(B) by inserting after subsection (d) the following:“(e) The annuity of an air traffic controller or former air traffic controller retiring under section 8412(a) is computed under subsection (a), except that if the individual has had at least 5 years of service as an air traffic controller as defined by section 2109(1)(A)(i), so much of the annuity as is computed with respect to such type of service shall be computed by multiplying 17⁄10 percent of the individual’s average pay by the years of such service.”.(2) Conforming amendments.—(A) Section 8422(d)(2) of title 5, United States Code, is amended by striking “8415(i)” and inserting “8415(j)”.(B) Section 8452(d)(1) of such title is amended by striking “subsection (f)” and inserting “subsection (g)”.(C) Section 8468(b)(1)(A) of such title is amended by striking “through (g)” and inserting “through (h)”.(D) Section 302(a) of the Federal Employees’ Retirement System Act of 1986 (5 U.S.C. 8331 note) is amended—(i) in paragraph (1)(D)(VI), by striking “subsection (g)” and inserting “subsection (h)”;(ii) in paragraph (9), by striking “8415(f)” and inserting “8415(g)”; and(iii) in paragraph (12)(B)(ii), by striking “through (f)” and inserting “through (g)”.(c) Effective Date.—(1) In general.—This section and the amendments made by this section—(A) shall take effect on the 60th day after the date of enactment of this Act; and(B) shall apply with respect to—(i) any annuity entitlement to which is based on an individual’s separation from service occurring on or after the effective date of this section; and(ii) any service performed by any such individual before, on, or after the effective date of this section, subject to paragraph (2).(2) Special rule.—(A) Deposit requirement.—For purposes of determining eligibility for immediate retirement under section 8412(e) of title 5, United States Code, the amendment made by subsection (a)(2) shall, with respect to any service described in subparagraph (B), be disregarded unless there is deposited into the Civil Service Retirement and Disability Fund, with respect to such service, in such time, form, and manner as the Office of Personnel Management by regulation requires, an amount equal to the amount by which—(i) the deductions from pay which would have been required for such service if the amendments made 117 STAT. 2531 by subsection (a)(2) had been in effect when such service was performed, exceeds(ii) the unrefunded deductions or deposits actually made under subchapter II of chapter 84 of such title with respect to such service.An amount under this subparagraph shall include interest, computed under paragraphs (2) and (3) of section 8334(e) of such title 5.(B) Prior service described.—This paragraph applies with respect to any service performed by an individual before the effective date of this section as an employee described in section 8401(35)(B) of title 5, United States Code (as amended by subsection (a)(2)).