Page:United States Statutes at Large Volume 117.djvu/2549

 117 STAT. 2530

5 USC 8401 note.

Applicability.

VerDate 11-MAY-2000

13:59 Aug 30, 2004

PUBLIC LAW 108–176—DEC. 12, 2003

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 7⁄10 to such type of service shall be computed by multiplying 1 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

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