Page:United States Statutes at Large Volume 119.djvu/2446

 119 STAT. 2428 Effective date. Termination date.

Termination date.

VerDate 14-DEC-2004

13:51 Oct 26, 2006

PUBLIC LAW 109–115—NOV. 30, 2005

(2) Notwithstanding any other provision of law, during the period beginning on the date of enactment of this Act and ending October 4, 2007, an employee described under paragraph (1) may, with the approval of the Administrator of the Federal Aviation Administration or the designee of the Administrator, accept an assignment to such contractor within 14 days after the date of enactment of this section. (3) Except as provided in subsection (c), an employee appointed under paragraph (1)— (A) shall be a temporary Federal employee for the duration of the assignment; (B) notwithstanding such temporary status, shall retain previous enrollment or participation in Federal employee benefits programs under chapters 83, 84, 87, and 89 of title 5, United States Code; and (C) shall be considered to have not had a break in service for purposes of chapters 83, 84, and sections 8706(b) and 8905(b) of title 5, United States Code, except no service credit or benefits shall be extended retroactively. (4) An assignment and temporary appointment under this section shall terminate on the earlier of— (A) October 4, 2007; or (B) the date on which the employee first becomes eligible for an immediate annuity under section 8336(d) or 8414(b) of title 5, United States Code. (5) Such funds as may be necessary are authorized for the Federal Aviation Administration to pay the salary and benefits of an employee assigned under this section, but no funds are authorized to reimburse the employing contractor for the salary and benefits of an employee so assigned. (b) An employee who was involuntarily separated as a result of the reorganization of the Flight Services Unit following the outsourcing of flight service duties to a contractor, and was eligible to use annual leave under the conditions of section 6302(g) of title 5, United States Code, may use such leave to— (1) qualify for an immediate annuity or to meet the age or service requirements for an enhanced annuity that the employee could qualify for under sections 8336, 8412, or 8414; or (2) to meet the requirements under section 8905(b) of title 5, United States Code, to qualify to continue health benefits coverage after retirement from service. (c)(1) Nothing in this section shall— (A) affect the validity or legality of the reduction-in-force actions of the Federal Aviation Administration effective October 3, 2005; or (B) create any individual rights of actions regarding such reduction-in-force or any other actions related to or arising under the competitive sourcing of flight services. (2) An employee subject to this section shall not be— (A) covered by chapter 71 of title 5, United States Code, while on the assignment authorized by this section; or (B) subject to section 208 of title 18, United States Code. (3) Temporary employees assigned under this section shall not be Federal employees for purposes of chapter 171 of title 28, United States Code (commonly referred to as the Federal Tort Claims Act). Chapter 171 of title 28, United States Code (commonly referred

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