Retirement Coverage of Air Traffic Controllers, 32709-32711 [05-11134]
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32709
Rules and Regulations
Federal Register
Vol. 70, No. 107
Monday, June 6, 2005
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
OFFICE OF PERSONNEL
MANAGEMENT
5 CFR Part 842
RIN 3206–AK73
Retirement Coverage of Air Traffic
Controllers
Office of Personnel
Management.
ACTION: Interim rule with request for
comments.
AGENCY:
SUMMARY: The Office of Personnel
Management (OPM) is issuing this
interim rule to revise the regulations
governing the retirement coverage of air
traffic controllers under the Federal
Employees’ Retirement System. These
rules are necessary because of the recent
enactment of new statutory provisions
relating to the retirement definition of
air traffic controllers. These rules also
implement the deposit requirement for
crediting past service as a second-level
supervisor of air traffic controllers for
retirement purposes.
DATES: This rule is effective June 6,
2005. We must receive your comments
by July 6, 2005.
ADDRESSES: You may submit comments,
identified by RIN number 3206–AK73,
by any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail: combox@opm.gov. Include
RIN number 3206–AK73 in the subject
line of the message.
• Mail: Mary Ellen Wilson, Manager,
Retirement Group, Office of Personnel
Management, 1900 E Street, NW.,
Washington, DC 20415–3200.
FOR FURTHER INFORMATION CONTACT:
Mary Ellen Wilson, (202) 606–0299.
SUPPLEMENTARY INFORMATION: Section
226 of Public Law 108–176, 117 Stat.
2490, the Vision 100—Century of
Aviation Reauthorization Act, amends
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18:06 Jun 03, 2005
Jkt 205001
subchapter III of chapter 83 of title 5,
United States Code, the statutory
provisions for the Civil Service
Retirement System (CSRS), and chapter
84 of title 5, United States Code, the
Federal Employees’ Retirement System
(FERS), by adding the definition of air
traffic controller to each. The new
definition of air traffic controller
includes the class of employees
traditionally considered to be air traffic
controllers (ATC)—that is, civilian
employees of the Department of
Transportation or the Department of
Defense working in air traffic control
facilities or flight service station
facilities as either frontline air traffic
controllers or immediate supervisors
(i.e. first-level supervisors) of frontline
air traffic controllers. The new
definition of air traffic controller
expands the class of individuals eligible
for special ATC retirement benefits to
include second-level supervisors (i.e.,
supervisors of immediate supervisors of
frontline ATCs).
Subsection (a)(3)(A) of § 226 of Public
Law 108–176 amends 5 U.S.C. 8335(a),
the provisions applicable to ATC
mandatory retirement under CSRS, to
provide that the newly-added secondlevel supervisory ATCs are not subject
to mandatory retirement. Subsection
(a)(3)(B) of § 226 similarly amends 5
U.S.C. 8425(a), the provisions
applicable to ATC mandatory retirement
under FERS.
Subsection (c) provides that the
amendments made by § 226 take effect
60 days after the date of enactment
(December 12, 2003), making them
effective on February 10, 2004. It further
provides that, in general, second-level
ATC service which was performed
before February 10, 2004, is creditable
as ATC service for CSRS and FERS
retirement purposes when retirement
eligibility is based on a separation
which occurs on or after February 10,
2004. However, FERS credit for preFebruary 10, 2004, second-level
supervisory ATC service requires the
payment of a deposit.
The deposit with respect to preFebruary 10, 2004, FERS second-level
supervisory ATC service consists of the
amount by which the FERS deductions
from pay which would have been
required if at the time the service was
performed the service had been air
traffic controller service exceeds the
unrefunded deductions or deposits
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Fmt 4700
Sfmt 4700
actually made at the regular employee
rate, plus interest. It should be noted
that since an individual can receive
credit for second-level supervisory ATC
service only when the individual’s
retirement eligibility is based on a
separation occurring on or after
February 10, 2004, payment of the
deposit under subsection (c) would
benefit an individual only when the
individual’s retirement eligibility is
based on a separation occurring on or
after that date. Section 226 requires no
additional contributions for preFebruary 10, 2004, second-level
supervisory ATC service under CSRS,
because the regular and ATC
contribution rates are the same under
CSRS.
Therefore, OPM is amending 5 CFR
part 842, subpart H, the subpart
concerning retirement coverage of law
enforcement officers, firefighters, and
air traffic controllers under FERS.
Specifically, subpart H is amended at 5
CFR 842.802 and 842.806, and a new
section 842.811 is being added.
In § 842.802 the definition of air
traffic controller is amended to include
second-level supervisors of ATCs.
Section 842.806(a) is amended to
exclude second-level supervisors of
ATCs from mandatory separation.
Section 842.811 is being added to
subchapter H to establish the time, form,
and manner in which deposits
permitted under subparagraph (c) of
§ 226 of Public Law 108–176 must be
completed. Section 842.811 provides
that agencies employing ATCs (i.e., the
Department of Transportation and the
Department of Defense) are responsible
for processing deposit applications and
payments.
Waiver of General Notice of Proposed
Rulemaking
Under section 553(b)(3)(B), and (d)(3)
of title 5, United States Code, I find that
good cause exists for waiving the
general notice of proposed rulemaking
and for making these rules effective in
less than 30 days. The processing of
deposits for air traffic controller service
by qualifying air traffic controllers
under these regulations will affect
qualifying employees’ retirement
coverage and eligibility for special
retirement benefits under the air traffic
controller provisions. Publication of a
general notice on proposed rulemaking
would be contrary to the public interest
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Federal Register / Vol. 70, No. 107 / Monday, June 6, 2005 / Rules and Regulations
because it would delay the completion
of the deposits of qualifying individuals.
Subpart H—Law Enforcement Officers,
Firefighters, and Air Traffic Controllers
Executive Order 12866, Regulatory
Review
I
This rule has been reviewed by the
Office of Management and Budget in
accordance with Executive Order 12866.
§ 842.802
2. In § 842.802, revise the definition of
air traffic controller to read as follows:
Regulatory Flexibility Act
I certify that this regulation will not
have a significant economic impact on
a substantial number of small entities
because the regulation will only affect
the retirement benefits of a small
number of air traffic controllers.
List of Subjects in 5 CFR Part 842
Air traffic controllers, Alimony,
Firefighters, Government employees,
Law enforcement officers, Pensions,
Retirement.
U.S. Office of Personnel Management.
Dan G. Blair,
Acting Director.
For the reasons stated in the preamble,
the Office of Personnel Management
amends 5 CFR part 842 as follows:
I
PART 842—FEDERAL EMPLOYEES
RETIREMENT SYSTEM—BASIC
ANNUITY
1. The authority citation for part 842 is
revised to read as follows:
I
Authority: 5 U.S.C. 8461(g); Secs. 842.104
and 842.106 also issued under 5 U.S.C.
8461(n); Sec. 842.104 also issued under
sections 3 and 7(c) of Pub. L. 105–274, 112
Stat. 2419; Sec. 842.105 also issued under 5
U.S.C. 8402(c)(1) and 7701(b)(2); Sec.
842.106 also issued under section 102(e) of
Pub. L. 104–8, 109 Stat. 102, as amended by
section 153 of Pub. L. 104–134, 110 Stat.
1321–102; Sec. 842.107 also issued under
sections 11202(f), 11232(e), and 11246(b) of
Pub. L. 105–33, 111 Stat. 251, and section
7(b) of Pub. L. 105–274, 112 Stat. 2419; Sec.
842.108 also issued under section 7(e) of Pub.
L. 105–274, 112 Stat. 2419; Sec. 842.213 also
issued under 5 U.S.C. 8414(b)(1)(B) and
section 1313(b)(5) of Pub. L. 107–296, 116
Stat. 2135; Secs. 842.604 and 842.611 also
issued under 5 U.S.C. 8417; Sec. 842.607 also
issued under 5 U.S.C. 8416 and 8417; Sec.
842.614 also issued under 5 U.S.C. 8419; Sec.
842.615 also issued under 5 U.S.C. 8418; Sec.
842.703 also issued under section 7001(a)(4)
of Pub. L. 101–508, 104 Stat. 1388; Sec.
842.707 also issued under section 6001 of
Pub. L. 100–203, 101 Stat. 1300; Sec. 842.708
also issued under section 4005 of Pub. L.
101–239, 103 Stat. 2106 and section 7001 of
Pub. L. 101–508, 104 Stat. 1388; subpart H
also issued under 5 U.S.C. 1104; Sec. 842.810
also issued under section 636 of Appendix C
to Pub. L. 106–554 at 114 Stat. 2763A–164;
Sec. 842.811 also issued under section
226(c)(2) of Public Law 108–176, 117 Stat.
2529.
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18:06 Jun 03, 2005
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Definitions.
*
*
*
*
*
Air traffic controller means a civilian
employee of the Department of
Transportation or the Department of
Defense in an air traffic control facility
or flight service station facility who is
actively engaged in the separation and
control of air traffic or in providing
preflight, inflight, or airport advisory
service to aircraft operators, or who is
the immediate supervisor of such an
employee, as provided by 5 U.S.C.
8401(35)(A). Also included in this
definition is a civilian employee of the
Department of Transportation or the
Department of Defense who is the
immediate supervisor of a person
described under 5 U.S.C. 2109(1)(B)
(i.e., a second-level supervisor), as
provided by 5 U.S.C. 8401(35)(B).
*
*
*
*
*
I 3. Amend § 842.806 by revising the
first sentence of paragraph (a) to read as
follows:
§ 842.806
Mandatory separation.
(a) The mandatory separation
provisions of 5 U.S.C. 8425 apply to all
law enforcement officers and
firefighters, including those in
secondary positions, and air traffic
controllers, with the exception of a
civilian employee of the Department of
Transportation or the Department of
Defense who is the immediate
supervisor of a person described under
5 U.S.C. 2109(1)(B) (i.e., a second-level
supervisor). * * *
*
*
*
*
*
I 4. Add §842.811 to read as follows:
§ 842.811 Deposits for second-level
supervisory air traffic controller service
performed before February 10, 2004.
(a)(1) Eligibility—current and former
employees, and retirees. A current or
former employee, or a retiree who was
employed as a civilian employee of the
Department of Transportation or the
Department of Defense before February
10, 2004, as the immediate supervisor of
a person described in 5 U.S.C.
2109(1)(B) may make a deposit for such
service, in a form prescribed by OPM, so
that such service may be credited as air
traffic controller service for FERS
purposes subject to paragraph (h) of this
section.
(2) Eligibility—survivors. A survivor
of a current employee, former employee,
or a retiree eligible to make a deposit
under paragraph (a)(1) of this section
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may make a deposit under this section
when the current or former employee, or
a retiree—
(i) Dies during the period beginning
February 10, 2004, and ending
November 28, 2006, without submitting
an application under this section; or
(ii) Dies after submitting an
application to make a deposit under this
section within the time limit set out in
paragraph (c) of this section without
completing a deposit.
(b) Filing of deposit application. An
individual eligible to make a deposit
under paragraph (a) of this section for
service described under paragraph (a)(1)
of this section must submit a written
application to make a deposit for such
service with the appropriate office in
the agency where such service was
performed.
(c) Time limit for filing application.
An application to make a deposit under
this section must be submitted on or
before November 28, 2006.
(d)(1) Amount of deposit. A deposit
under this section shall be computed
using distinct periods of service. For the
purpose of this section, a distinct period
of service means a period of service not
interrupted by a break in service of more
than 3 days. A deposit may be made for
a distinct period of service; however,
such a deposit shall be ineffective if
deposits are not completed for all
distinct periods of service described
under paragraph (a) of this section.
(2) The amount of deposit under this
section shall be an amount equal to the
amount by which the deductions from
pay which would have been required
under 5 U.S.C. chapter 84, subchapter II,
if at the time the service was performed
the service had been air traffic controller
service exceeds the unrefunded
deductions or deposits actually made
under 5 U.S.C. chapter 84, subchapter II,
with respect to such service, plus
interest.
(e)(1) Interest. Interest shall be
computed as described under
paragraphs (2) and (3) of 5 U.S.C.
8334(e). Interest shall be computed for
each distinct period of service from the
midpoint of the distinct period of
service.
(2) The computation of interest is on
the basis of 30 days to the month.
Interest is computed for the actual
calendar time involved in each case.
(f) Forms of deposit. A deposit under
this section may be made as a single
lump sum or in installments.
(g)(1) Processing deposit applications
and payments. Upon receiving an
application for deposit under this
section, the agency shall determine
whether the application meets the
requirements of this section; compute
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06JNR1
Federal Register / Vol. 70, No. 107 / Monday, June 6, 2005 / Rules and Regulations
the deposit, including interest; and
advise the applicant of the total amount
of deposit due.
(2) The agency shall establish a
deposit account showing the total
amount due and a payment schedule
(unless deposit is made in one lump
sum) to record the date and amount of
each payment.
(3) If an eligible individual cannot
make payment in one lump sum, the
agency shall accept installment
payments (by allotments or otherwise).
The agency, however, is not required to
accept individual checks in amounts
less than $50.
(4) Payments received by the agency
shall be remitted to OPM immediately
for deposit to the Civil Service
Retirement and Disability Fund.
(5) Once a deposit has been paid in
full or otherwise closed out, the agency
shall submit the documentation
pertaining to the deposit to OPM in
accordance with instructions issued by
OPM.
(h) Effect of deposit. An individual
completing a deposit under this section
whose entitlement to an annuity is
based on a separation from service on or
after February 10, 2004, will receive air
traffic controller retirement credit for
such service, for annuity entitlement
and computation purposes, when OPM
receives certification that the deposit
has been paid in full, and the deposit
payment is remitted to the Civil Service
Retirement and Disability Fund.
[FR Doc. 05–11134 Filed 6–3–05; 8:45 am]
BILLING CODE 6325–39–P
DEPARTMENT OF AGRICULTURE
Rural Utilities Service
7 CFR Part 1738
RIN 0572–AB81
Rural Broadband Access Loans and
Loan Guarantees
Rural Utilities Service, USDA.
Notice of confirmation of direct
final rule.
AGENCY:
ACTION:
The Rural Utilities Service
(RUS), an agency delivering the United
States Department of Agriculture’s Rural
Development Utilities Programs, gives
notice that no adverse comments were
received regarding the direct final rule
amending its regulations to revise the
definition for ‘‘eligible rural
community’’ as it relates to the rural
access broadband loans and loan
guarantees program, and confirms the
effective date of the direct final rule.
SUMMARY:
VerDate jul<14>2003
18:06 Jun 03, 2005
Jkt 205001
The direct final rule published in
the Federal Register on April 4, 2005,
(70 FR 16930) was effective on May 19,
2005.
DATES:
FOR FURTHER INFORMATION CONTACT:
Jonathan Claffey, Acting Assistant
Administrator, Telecommunications
Program, Rural Utilities Service, U.S.
Department of Agriculture, 1400
Independence Avenue, SW., STOP
1590, Room 4056, Washington, DC
20250–1590. Telephone number (202)
720–9554, Facsimile (202) 720–0810.
SUPPLEMENTARY INFORMATION:
Background
The Rural Utilities Service (RUS)
published in the Federal Register on
January 30, 2003, at 68 FR 4684, a final
rule amending its regulations in order to
establish the Rural Broadband Access
Loan and Loan Guarantee Program as
authorized by the Farm Security and
Rural Investment Act of 2002 (Pub. L.
101–171) (2002 Act). Section 6103 of the
Farm Security and Rural Investment Act
of 2002 amended the Rural
Electrification Act of 1936, as amended
(RE Act), to add Title VI, Rural
Broadband Access, to provide loans and
loan guarantees to fund the cost of
construction, improvement, or
acquisition of facilities and equipment
for the provision of broadband service
in eligible rural communities.
The direct final rule amended
§ 1738.2, Definitions, to conform the
rule to substantive changes in authority.
The definition for ‘‘eligible rural
community’’ in section 601(b)(2) of the
Rural Electrification Act of 1936 (7
U.S.C. 950bb(b)(2)) was amended on
January 23, 2004, by section 772 of Pub.
L. 108–199, of the Consolidated
Appropriations Act, 2004 to eliminate
the requirement that a community exist
outside a standard metropolitan
statistical area. The rule incorporated
language of the revised statute and
explained RUS’’ interpretation of the
language.
Confirmation of Effective Date
This is to confirm the effective date of
May 19, 2005, for the direct final rule,
7 CFR 1738, Rural Broadband Access
Loans and Loan Guarantees, published
in the Federal Register on April 4, 2005.
Dated: May 26, 2005.
Curtis M. Anderson,
Acting Administrator, Rural Utilities Service.
[FR Doc. 05–11137 Filed 6–3–05; 8:45 am]
BILLING CODE 3410–15–P
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Fmt 4700
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32711
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 23
[Docket No. CE224, Special Condition 23–
164–SC]
Special Conditions; West Star
Aviation, EFIS on the Cessna 441;
Protection of Systems for High
Intensity Radiated Fields (HIRF)
Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions; request
for comments.
AGENCY:
SUMMARY: These special conditions are
issued to West Star Aviation, 796
Heritage Way, Grand Junction, CO
81506, for a Supplemental Type
Certificate for the Cessna 441 Conquest.
This airplane will have novel and
unusual design features when compared
to the state of technology envisaged in
the applicable airworthiness standards.
These novel and unusual design
features include the installation of an
electronic flight instrument system
(EFIS) in the form of two digital
altimeters. The digital altimeters will be
Honeywell/Ametek AM–250 models,
one on the pilot side and one on the
copilot side, for which the applicable
regulations do not contain adequate or
appropriate airworthiness standards for
the protection of these systems from the
effects of high intensity radiated fields
(HIRF). These special conditions
contain the additional safety standards
that the Administrator considers
necessary to establish a level of safety
equivalent to the airworthiness
standards applicable to these airplanes.
DATES: The effective date of these
special conditions is May 18, 2005.
Comments must be received on or
before July 6, 2005.
ADDRESSES: Comments may be mailed
in duplicate to: Federal Aviation
Administration, Regional Counsel,
ACE–7, Attention: Rules Docket Clerk,
Docket No. CE224, Room 506, 901
Locust, Kansas City, Missouri 64106. All
comments must be marked: Docket No.
CE224. Comments may be inspected in
the Rules Docket weekdays, except
Federal holidays, between 7:30 a.m. and
4 p.m.
FOR FURTHER INFORMATION CONTACT: Wes
Ryan, Aerospace Engineer, Standards
Office (ACE–110), Small Airplane
Directorate, Aircraft Certification
Service, Federal Aviation
Administration, 901 Locust, Room 301,
Kansas City, Missouri 64106; telephone
(816) 329–4127.
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Agencies
[Federal Register Volume 70, Number 107 (Monday, June 6, 2005)]
[Rules and Regulations]
[Pages 32709-32711]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-11134]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 70, No. 107 / Monday, June 6, 2005 / Rules
and Regulations
[[Page 32709]]
-----------------------------------------------------------------------
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 842
RIN 3206-AK73
Retirement Coverage of Air Traffic Controllers
AGENCY: Office of Personnel Management.
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The Office of Personnel Management (OPM) is issuing this
interim rule to revise the regulations governing the retirement
coverage of air traffic controllers under the Federal Employees'
Retirement System. These rules are necessary because of the recent
enactment of new statutory provisions relating to the retirement
definition of air traffic controllers. These rules also implement the
deposit requirement for crediting past service as a second-level
supervisor of air traffic controllers for retirement purposes.
DATES: This rule is effective June 6, 2005. We must receive your
comments by July 6, 2005.
ADDRESSES: You may submit comments, identified by RIN number 3206-AK73,
by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: combox@opm.gov. Include RIN number 3206-AK73 in
the subject line of the message.
Mail: Mary Ellen Wilson, Manager, Retirement Group, Office
of Personnel Management, 1900 E Street, NW., Washington, DC 20415-3200.
FOR FURTHER INFORMATION CONTACT: Mary Ellen Wilson, (202) 606-0299.
SUPPLEMENTARY INFORMATION: Section 226 of Public Law 108-176, 117 Stat.
2490, the Vision 100--Century of Aviation Reauthorization Act, amends
subchapter III of chapter 83 of title 5, United States Code, the
statutory provisions for the Civil Service Retirement System (CSRS),
and chapter 84 of title 5, United States Code, the Federal Employees'
Retirement System (FERS), by adding the definition of air traffic
controller to each. The new definition of air traffic controller
includes the class of employees traditionally considered to be air
traffic controllers (ATC)--that is, civilian employees of the
Department of Transportation or the Department of Defense working in
air traffic control facilities or flight service station facilities as
either frontline air traffic controllers or immediate supervisors (i.e.
first-level supervisors) of frontline air traffic controllers. The new
definition of air traffic controller expands the class of individuals
eligible for special ATC retirement benefits to include second-level
supervisors (i.e., supervisors of immediate supervisors of frontline
ATCs).
Subsection (a)(3)(A) of Sec. 226 of Public Law 108-176 amends 5
U.S.C. 8335(a), the provisions applicable to ATC mandatory retirement
under CSRS, to provide that the newly-added second-level supervisory
ATCs are not subject to mandatory retirement. Subsection (a)(3)(B) of
Sec. 226 similarly amends 5 U.S.C. 8425(a), the provisions applicable
to ATC mandatory retirement under FERS.
Subsection (c) provides that the amendments made by Sec. 226 take
effect 60 days after the date of enactment (December 12, 2003), making
them effective on February 10, 2004. It further provides that, in
general, second-level ATC service which was performed before February
10, 2004, is creditable as ATC service for CSRS and FERS retirement
purposes when retirement eligibility is based on a separation which
occurs on or after February 10, 2004. However, FERS credit for pre-
February 10, 2004, second-level supervisory ATC service requires the
payment of a deposit.
The deposit with respect to pre-February 10, 2004, FERS second-
level supervisory ATC service consists of the amount by which the FERS
deductions from pay which would have been required if at the time the
service was performed the service had been air traffic controller
service exceeds the unrefunded deductions or deposits actually made at
the regular employee rate, plus interest. It should be noted that since
an individual can receive credit for second-level supervisory ATC
service only when the individual's retirement eligibility is based on a
separation occurring on or after February 10, 2004, payment of the
deposit under subsection (c) would benefit an individual only when the
individual's retirement eligibility is based on a separation occurring
on or after that date. Section 226 requires no additional contributions
for pre-February 10, 2004, second-level supervisory ATC service under
CSRS, because the regular and ATC contribution rates are the same under
CSRS.
Therefore, OPM is amending 5 CFR part 842, subpart H, the subpart
concerning retirement coverage of law enforcement officers,
firefighters, and air traffic controllers under FERS. Specifically,
subpart H is amended at 5 CFR 842.802 and 842.806, and a new section
842.811 is being added.
In Sec. 842.802 the definition of air traffic controller is
amended to include second-level supervisors of ATCs.
Section 842.806(a) is amended to exclude second-level supervisors
of ATCs from mandatory separation.
Section 842.811 is being added to subchapter H to establish the
time, form, and manner in which deposits permitted under subparagraph
(c) of Sec. 226 of Public Law 108-176 must be completed. Section
842.811 provides that agencies employing ATCs (i.e., the Department of
Transportation and the Department of Defense) are responsible for
processing deposit applications and payments.
Waiver of General Notice of Proposed Rulemaking
Under section 553(b)(3)(B), and (d)(3) of title 5, United States
Code, I find that good cause exists for waiving the general notice of
proposed rulemaking and for making these rules effective in less than
30 days. The processing of deposits for air traffic controller service
by qualifying air traffic controllers under these regulations will
affect qualifying employees' retirement coverage and eligibility for
special retirement benefits under the air traffic controller
provisions. Publication of a general notice on proposed rulemaking
would be contrary to the public interest
[[Page 32710]]
because it would delay the completion of the deposits of qualifying
individuals.
Executive Order 12866, Regulatory Review
This rule has been reviewed by the Office of Management and Budget
in accordance with Executive Order 12866.
Regulatory Flexibility Act
I certify that this regulation will not have a significant economic
impact on a substantial number of small entities because the regulation
will only affect the retirement benefits of a small number of air
traffic controllers.
List of Subjects in 5 CFR Part 842
Air traffic controllers, Alimony, Firefighters, Government
employees, Law enforcement officers, Pensions, Retirement.
U.S. Office of Personnel Management.
Dan G. Blair,
Acting Director.
0
For the reasons stated in the preamble, the Office of Personnel
Management amends 5 CFR part 842 as follows:
PART 842--FEDERAL EMPLOYEES RETIREMENT SYSTEM--BASIC ANNUITY
0
1. The authority citation for part 842 is revised to read as follows:
Authority: 5 U.S.C. 8461(g); Secs. 842.104 and 842.106 also
issued under 5 U.S.C. 8461(n); Sec. 842.104 also issued under
sections 3 and 7(c) of Pub. L. 105-274, 112 Stat. 2419; Sec. 842.105
also issued under 5 U.S.C. 8402(c)(1) and 7701(b)(2); Sec. 842.106
also issued under section 102(e) of Pub. L. 104-8, 109 Stat. 102, as
amended by section 153 of Pub. L. 104-134, 110 Stat. 1321-102; Sec.
842.107 also issued under sections 11202(f), 11232(e), and 11246(b)
of Pub. L. 105-33, 111 Stat. 251, and section 7(b) of Pub. L. 105-
274, 112 Stat. 2419; Sec. 842.108 also issued under section 7(e) of
Pub. L. 105-274, 112 Stat. 2419; Sec. 842.213 also issued under 5
U.S.C. 8414(b)(1)(B) and section 1313(b)(5) of Pub. L. 107-296, 116
Stat. 2135; Secs. 842.604 and 842.611 also issued under 5 U.S.C.
8417; Sec. 842.607 also issued under 5 U.S.C. 8416 and 8417; Sec.
842.614 also issued under 5 U.S.C. 8419; Sec. 842.615 also issued
under 5 U.S.C. 8418; Sec. 842.703 also issued under section
7001(a)(4) of Pub. L. 101-508, 104 Stat. 1388; Sec. 842.707 also
issued under section 6001 of Pub. L. 100-203, 101 Stat. 1300; Sec.
842.708 also issued under section 4005 of Pub. L. 101-239, 103 Stat.
2106 and section 7001 of Pub. L. 101-508, 104 Stat. 1388; subpart H
also issued under 5 U.S.C. 1104; Sec. 842.810 also issued under
section 636 of Appendix C to Pub. L. 106-554 at 114 Stat. 2763A-164;
Sec. 842.811 also issued under section 226(c)(2) of Public Law 108-
176, 117 Stat. 2529.
Subpart H--Law Enforcement Officers, Firefighters, and Air Traffic
Controllers
0
2. In Sec. 842.802, revise the definition of air traffic controller to
read as follows:
Sec. 842.802 Definitions.
* * * * *
Air traffic controller means a civilian employee of the Department
of Transportation or the Department of Defense in an air traffic
control facility or flight service station facility who is actively
engaged in the separation and control of air traffic or in providing
preflight, inflight, or airport advisory service to aircraft operators,
or who is the immediate supervisor of such an employee, as provided by
5 U.S.C. 8401(35)(A). Also included in this definition is a civilian
employee of the Department of Transportation or the Department of
Defense who is the immediate supervisor of a person described under 5
U.S.C. 2109(1)(B) (i.e., a second-level supervisor), as provided by 5
U.S.C. 8401(35)(B).
* * * * *
0
3. Amend Sec. 842.806 by revising the first sentence of paragraph (a)
to read as follows:
Sec. 842.806 Mandatory separation.
(a) The mandatory separation provisions of 5 U.S.C. 8425 apply to
all law enforcement officers and firefighters, including those in
secondary positions, and air traffic controllers, with the exception of
a civilian employee of the Department of Transportation or the
Department of Defense who is the immediate supervisor of a person
described under 5 U.S.C. 2109(1)(B) (i.e., a second-level supervisor).
* * *
* * * * *
0
4. Add Sec. 842.811 to read as follows:
Sec. 842.811 Deposits for second-level supervisory air traffic
controller service performed before February 10, 2004.
(a)(1) Eligibility--current and former employees, and retirees. A
current or former employee, or a retiree who was employed as a civilian
employee of the Department of Transportation or the Department of
Defense before February 10, 2004, as the immediate supervisor of a
person described in 5 U.S.C. 2109(1)(B) may make a deposit for such
service, in a form prescribed by OPM, so that such service may be
credited as air traffic controller service for FERS purposes subject to
paragraph (h) of this section.
(2) Eligibility--survivors. A survivor of a current employee,
former employee, or a retiree eligible to make a deposit under
paragraph (a)(1) of this section may make a deposit under this section
when the current or former employee, or a retiree--
(i) Dies during the period beginning February 10, 2004, and ending
November 28, 2006, without submitting an application under this
section; or
(ii) Dies after submitting an application to make a deposit under
this section within the time limit set out in paragraph (c) of this
section without completing a deposit.
(b) Filing of deposit application. An individual eligible to make a
deposit under paragraph (a) of this section for service described under
paragraph (a)(1) of this section must submit a written application to
make a deposit for such service with the appropriate office in the
agency where such service was performed.
(c) Time limit for filing application. An application to make a
deposit under this section must be submitted on or before November 28,
2006.
(d)(1) Amount of deposit. A deposit under this section shall be
computed using distinct periods of service. For the purpose of this
section, a distinct period of service means a period of service not
interrupted by a break in service of more than 3 days. A deposit may be
made for a distinct period of service; however, such a deposit shall be
ineffective if deposits are not completed for all distinct periods of
service described under paragraph (a) of this section.
(2) The amount of deposit under this section shall be an amount
equal to the amount by which the deductions from pay which would have
been required under 5 U.S.C. chapter 84, subchapter II, if at the time
the service was performed the service had been air traffic controller
service exceeds the unrefunded deductions or deposits actually made
under 5 U.S.C. chapter 84, subchapter II, with respect to such service,
plus interest.
(e)(1) Interest. Interest shall be computed as described under
paragraphs (2) and (3) of 5 U.S.C. 8334(e). Interest shall be computed
for each distinct period of service from the midpoint of the distinct
period of service.
(2) The computation of interest is on the basis of 30 days to the
month. Interest is computed for the actual calendar time involved in
each case.
(f) Forms of deposit. A deposit under this section may be made as a
single lump sum or in installments.
(g)(1) Processing deposit applications and payments. Upon receiving
an application for deposit under this section, the agency shall
determine whether the application meets the requirements of this
section; compute
[[Page 32711]]
the deposit, including interest; and advise the applicant of the total
amount of deposit due.
(2) The agency shall establish a deposit account showing the total
amount due and a payment schedule (unless deposit is made in one lump
sum) to record the date and amount of each payment.
(3) If an eligible individual cannot make payment in one lump sum,
the agency shall accept installment payments (by allotments or
otherwise). The agency, however, is not required to accept individual
checks in amounts less than $50.
(4) Payments received by the agency shall be remitted to OPM
immediately for deposit to the Civil Service Retirement and Disability
Fund.
(5) Once a deposit has been paid in full or otherwise closed out,
the agency shall submit the documentation pertaining to the deposit to
OPM in accordance with instructions issued by OPM.
(h) Effect of deposit. An individual completing a deposit under
this section whose entitlement to an annuity is based on a separation
from service on or after February 10, 2004, will receive air traffic
controller retirement credit for such service, for annuity entitlement
and computation purposes, when OPM receives certification that the
deposit has been paid in full, and the deposit payment is remitted to
the Civil Service Retirement and Disability Fund.
[FR Doc. 05-11134 Filed 6-3-05; 8:45 am]
BILLING CODE 6325-39-P