Page:United States Statutes at Large Volume 86.djvu/186

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PUBLIC LAW 92-297-MAY 16, 1972

[86

STAT.

of a controller; or to reassign permanently or separate a controller under any other provision of law.". (b) The analysis of chapter 33 of title 5, United States Code, is amended by adding the following new items at the end thereof: "SUBCHAPTER VII—AIR TRAFFIC CONTROLLERS "Sec. "3381. "3382. "3383. "3384. "3385. Mandatory separation, 80 Stat. 571. Exemption.

Notification. Effective date.

Annuity qualification.

Annuity computation. 80 Stat. 574; 83 Stat. 139.

Supra. Limitation. Civil Service Retirement. 80 Stat. 564. 5 USC 8331. 84 Stat. 1191.

83 Stat. 138. Supra,

Training. Involuntary separation for retirement. Determinations; review procedures. Reguations. Effect on other authority.".

SEC. 4. Section 8335 of title 5, United States Code, is amended by inserting the following new subsection at the end t;hereof: "(f) An air traffic controller shall be separated from the service on the last day of the month in which he becomes 56 years of age. The Secretary of Transportation, under such regulations as he may prescribe, may exempt a controller having exceptional skills and experience as a controller from the automatic separation provisions of this subsection until that controller becomes 61 years of age. The Secretary of Transportation shall notify the controller in writing of the date of separation at least 60 days before that date. Action to separate the controller is not effective, without the consent of the controller, until the last day of the month in which the 60-day notice expires.". SEC. 5. Section 8336 of title 5, United States Code, is amended— (1) by redesignating subsections (e), (f), and (g) as subsections " (f) ", " (g) ", and " (h) ", respectively; and (2) by inserting after subsection (d) the following new subsection (e): "(e) An employee who is voluntarily or involuntarily separated from the service, except by removal for cause on charges of misconduct or delinquency, after completing 25 years of service as an air traffic controller or after becoming 50 years of age and completing 20 years of service as an air traffic controller, is entitled to an annuity.". SEC. 6. Section 8339 of title 5, United States Code, is amended— (1) by redesignating subsections (e), (f), (g), (h), (i), (j), (k), (1), and (m) as subsections " (f) ", " (g) ", " (h) ", " (i) ", " (j) ", " (k) ", "(1)", " (m) ", and " (n) ", respectively; and (2) by inserting after subsection (d) the following new subsection (e): "(e) The annuity of an employee retiring under section 8336(e) of this title is computed under subsection (a) of this section. That annuity may not be less than 50 percent of the average pay of the employee.". SEC. 7. Subchapter III of chapter 83 of title 5, United States Code, is amended— (1) by striking out the reference "8339(h)" each place it appears in section 8332(b)(3) and (8), and by inserting the reference "8339 (i) " in place thereof; (2) by striking out the reference "section 8339(m) " in section 8334(g)(5), and inserting the reference "section 8339(n) " in place thereof; (3) by amending section 8339— (A) by striking out the reference "subsections (a) - (d) " in redesignated subsection (f), and inserting the reference "subsections (a) - (e) " in place thereof; (B) by striking out the references "subsections (a), (b), and (e)", "subsections (c) and (e)", and "section 8336(f)", in redesignated subsection (h), and by inserting the references "subsections (a), (b), and (f)", "subsections (c) and (f) ", and "section 8336(g)", respectively, in place thereof;

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