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Full Text of this Amendment

SA 99. Mr. BEGICH submitted an amendment intended to be proposed by him to the bill S. 223, to modernize the air traffic control system, improve the safety, reliability, and availability of transportation by air in the United States, provide modernization of the air traffic control system, reauthorize the Federal Aviation Administration, and for other purposes; which was ordered to lie on the table; as follows:

On page 311, between lines 11 and 12, insert the following:
SEC. 733. AUTHORITY TO EXTEND THE EMPLOYMENT OF CERTAIN REEMPLOYED ANNUITANTS OTHERWISE SUBJECT TO MANDATORY SEPARATION.
(a) Covered Reemployed Annuitant Defined.--In this section, the tem "covered reemployed annuitant" means any individual who--
(1) was involuntarily separated as a result of the reorganization of the Flight Services Unit following the outsourcing of flight service duties to a contractor after completing at least 15 years of service as an air traffic controller (as defined in section 8401 of title 5, United States Code);
(2) is in receipt of an annuity awarded under the provisions of section 8414(b)(1)(A) of such title based on such involuntary separation;
(3) was reemployed as an air traffic controller subject to the provisions of section 8468 of such title; and
(4) who has completed or can complete 20 years of service as an air traffic controller within 5 years after becoming reemployed as described by paragraph (3).
(b) Extension of Employment.--Notwithstanding any other provision of law, during the 5-year period of reemployment required for a recomputation of an annuity under section 8468 of title 5, United States Code, a covered reemployed annuitant shall not serve at the will of the appointing officer.
(c) Construction.--
(1) SEPARATION FOR CAUSE OR LACK OF FUNDS.--Nothing in this section shall be construed to prohibit the involuntary separation of a covered reemployed annuitant for cause or lack of funds.
(2) REASSIGNMENT.--Nothing in the section shall be construed to prohibit a covered reemployed annuitant from being reassigned to a position other than as an air traffic controller after completing 20 years of service as an air traffic controller if the covered reemployed annuitant's rate of pay is not reduced.


(As printed in the Congressional Record for the Senate on Feb 16, 2011.)