HR 1169 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 1169CommentsClose CommentsPermalink

To amend titles 5, 10, and 32, United States Code, to eliminate inequities in the treatment of National Guard technicians, to reduce the eligibility age for retirement for non-Regular service, and for other purposes.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

March 17, 2011CommentsClose CommentsPermalink

Mr. ANDREWS introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To amend titles 5, 10, and 32, United States Code, to eliminate inequities in the treatment of National Guard technicians, to reduce the eligibility age for retirement for non-Regular service, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘National Guard Technician Equity Act’.CommentsClose CommentsPermalink

SEC. 2. TITLES 10 AND 32, UNITED STATES CODE, AMENDMENTS REGARDING NATIONAL GUARD TECHNICIANS AND RELATED PROVISIONS.

(a) Authority To Employ Technician as Non-Dual Status Technician After 20 Years of Creditable Service- Subsection (c) of section 709 of title 32, United States Code, is amended to read as follows:CommentsClose CommentsPermalink





‘(c) A person shall have the right to be employed under subsection (a) as a non-dual status technician (as defined by section 10217 of title 10) if--CommentsClose CommentsPermalink





‘(1) the technician position occupied by the person has been designated by the Secretary concerned to be filled only by a non-dual status technician; orCommentsClose CommentsPermalink





‘(2) the person occupying the technician position has at least 20 years of creditable service as a military technician (dual status).’.CommentsClose CommentsPermalink





(b) Exception to Dual-Status Employment Condition of Membership in Selected Reserve- Section 10216 of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subsection (a)(1)(B), by inserting ‘subject to subsection (d),’ before ‘is required’; andCommentsClose CommentsPermalink





(2) in subsection (d)(1), by striking ‘Unless specifically exempted by law’ and inserting ‘Except as provided in section 709(c)(2) of title 32 or as otherwise specifically exempted by law’.CommentsClose CommentsPermalink





(c) Continued Compensation After Loss of Membership in Selected Reserve- Subsection (e) of section 10216 of title 10, United States Code, is amended to read as follows:CommentsClose CommentsPermalink





‘(e) Continued Compensation After Loss of Membership in Selected Reserve- Funds appropriated for the Department of Defense may continue to be used to provide compensation to a military technician who was hired as a military technician (dual status), but who is no longer a member of the Selected Reserve.’.CommentsClose CommentsPermalink





(d) Repeal of Permanent Limitations on Number of Non-Dual Status Technicians- Section 10217 of title 10, United States Code, is amended by striking subsection (c).CommentsClose CommentsPermalink





(e) Technician Restricted Right of Appeal and Adverse Actions Covered-CommentsClose CommentsPermalink





(1) RIGHTS OF GRIEVANCE, ARBITRATION, APPEAL, AND REVIEW BEYOND AG- Section 709 of title 32, United States Code, is amended--CommentsClose CommentsPermalink





(A) in subsection (f)--CommentsClose CommentsPermalink





(i) in the matter preceding paragraph (1), by striking ‘Notwithstanding any other provision of law and under’ and inserting ‘Under’; andCommentsClose CommentsPermalink





(ii) in paragraph (4), by striking ‘a right of appeal’ and inserting ‘subject to subsection (j), a right of appeal’; andCommentsClose CommentsPermalink





(B) by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(j)(1) Notwithstanding subsection (f)(4) or any other provision of law, a technician and a labor organization that is the exclusive representative of a bargaining unit including the technician shall have the rights of grievance, arbitration, appeal, and review extending beyond the adjutant general of the jurisdiction concerned and to the Merit Systems Protection Board and thereafter to the United States Court of Appeals for the Federal Circuit, in the same manner as provided in sections 4303, 7121, and 7701-7703 of title 5, with respect to a performance-based or adverse action imposing removal, suspension for more than 14 days, furlough for 30 days or less, or reduction in pay or pay band (or comparable reduction).CommentsClose CommentsPermalink





‘(2) This subsection does not apply to a technician who is serving under a temporary appointment or in a trial or probationary period.’.CommentsClose CommentsPermalink





(2) ADVERSE ACTIONS COVERED- Section 709(g) of title 32, United States Code, is amended by striking ‘7511, and 7512’.CommentsClose CommentsPermalink





(3) CONFORMING AMENDMENT- Section 7511(b) of title 5, United States Code, is amended--CommentsClose CommentsPermalink





(A) by striking paragraph (5); andCommentsClose CommentsPermalink





(B) by redesignating paragraphs (6) through (10) as paragraphs (5) through (9), respectively.CommentsClose CommentsPermalink





(f) Technician Seniority Rights During RIF- Subsection (g) of section 709 of title 32, United States Code, as amended by subsection (e)(2), is amended to read as follows:CommentsClose CommentsPermalink





‘(g) Section 2108 of title 5 does not apply to a person employed under this section.’.CommentsClose CommentsPermalink





(g) Availability of Certain Enlistment, Reenlistment, and Student Loan Benefits for Military Technicians- Section 10216 of title 10, United States Code, is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(h) Eligibility for Bonuses and Other Benefits- (1) If an individual becomes employed as a military technician (dual status) while the individual is already a member of a reserve component, the Secretary concerned may not require the individual to repay any enlistment, reenlistment, or affiliation bonus provided to the individual in connection with the individual’s enlistment or reenlistment before such employment.CommentsClose CommentsPermalink





‘(2) Even though an individual employed as a military technician (dual status) is required as a condition of that employment to maintain membership in the Selected Reserve, the individual shall not be precluded from receiving an enlistment, reenlistment, or affiliation bonus nor be denied the opportunity to participate in an educational loan repayment program under chapter 1609 of this title as an additional incentive for the individual to accept and maintain such membership’.CommentsClose CommentsPermalink





(h) Repeal of Prohibition Against Overtime Pay for National Guard Technicians- Section 709(h) of title 32, United States Code, is amended by striking the second sentence and inserting the following new sentence: ‘The Secretary concerned shall pay a technician for irregular or overtime work at a rate equal to one and one-half times the rate of basic pay applicable to the technician, except that, at the request of the technician, the Secretary may grant the technician, instead of such pay, an amount of compensatory time off from the technician’s scheduled tour of duty equal to the amount of time spent in such irregular or overtime work.’.CommentsClose CommentsPermalink

SEC. 3. TITLE 5, UNITED STATES CODE, AMENDMENTS REGARDING NATIONAL GUARD TECHNICIANS AND RELATED PROVISIONS.

(a) Lowering Retirement Age-CommentsClose CommentsPermalink





(1) AMENDMENT TO FERS- Subsection (c) of section 8414 of title 5, United States Code, is amended to read as follows:CommentsClose CommentsPermalink





‘(c)(1) Under the circumstances described in paragraph (2), an employee who is separated from service as a military technician (dual status) is entitled to an annuity if the separation is by reason of either--CommentsClose CommentsPermalink





‘(A) separating from the Selected Reserve; orCommentsClose CommentsPermalink





‘(B) ceasing to hold the military grade specified by the Secretary concerned for the position involved.CommentsClose CommentsPermalink





‘(2) Except as provided in paragraph (3), paragraph (1) applies to a military technician (dual status) who is separated--CommentsClose CommentsPermalink





‘(A) after completing 25 years of service as such a technician, orCommentsClose CommentsPermalink





‘(B) after becoming 50 years of age and completing 20 years of service as such a technician.CommentsClose CommentsPermalink





‘(3) Paragraph (1) does not apply if separation or removal is for cause on charges of misconduct or delinquency.’.CommentsClose CommentsPermalink





(2) AMENDMENT TO CSRS- Section 8336 of title 5, United States Code, is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(q)(1) Under the circumstances described in paragraph (2), an employee who is separated from service as a military technician (dual status) is entitled to an annuity if the separation is by reason of either--CommentsClose CommentsPermalink





‘(A) separating from the Selected Reserve; orCommentsClose CommentsPermalink





‘(B) ceasing to hold the military grade specified by the Secretary concerned for the position involved.CommentsClose CommentsPermalink





‘(2) Except as provided in paragraph (3), paragraph (1) applies to a military technician (dual status) who is separated--CommentsClose CommentsPermalink





‘(A) after completing 25 years of service as such a technician, orCommentsClose CommentsPermalink





‘(B) after becoming 50 years of age and completing 20 years of service as such a technician.CommentsClose CommentsPermalink





‘(3) Paragraph (1) does not apply if separation or removal is for cause on charges of misconduct or delinquency.’.CommentsClose CommentsPermalink





(b) Adequate Leave Time for Military Activations- Section 6323(a)(1) of title 5, United States Code, is amended by striking the last sentence and inserting the following new sentence: ‘Leave under this subsection accrues for an employee or individual at the rate of 30 days per fiscal year and, to the extent that such leave is not used by the employee or individual during the fiscal year accrued, accumulates without limitation for use in succeeding fiscal years.’.CommentsClose CommentsPermalink





(c) Improved Health Care Benefits-CommentsClose CommentsPermalink





(1) FEHBP CHANGES- Subparagraph (B) of section 8906(e)(3) of title 5, United States Code, is amended to read as follows:CommentsClose CommentsPermalink





‘(B) An employee referred to in subparagraph (A) is an employee who--CommentsClose CommentsPermalink





‘(i) is enrolled in a health benefits plan under this chapter;CommentsClose CommentsPermalink





‘(ii) is a member of a reserve component of the Armed Forces;CommentsClose CommentsPermalink





‘(iii) is placed on leave without pay or separated from service to perform the active duty or other duties described in clause (iv); andCommentsClose CommentsPermalink





‘(iv) is called or ordered to--CommentsClose CommentsPermalink





‘(I) active duty in support of a contingency operation (as defined in section 101(a)(13) of title 10);CommentsClose CommentsPermalink





‘(II) active duty for a period of more than 30 consecutive days;CommentsClose CommentsPermalink





‘(III) active duty under section 12406 of title 10;CommentsClose CommentsPermalink





‘(IV) perform training or other duties described under paragraph (1) or (2) of section 502(f) of title 32; orCommentsClose CommentsPermalink





‘(V) while not in Federal service, perform duties related to an emergency declared by the chief executive of a State, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States.’.CommentsClose CommentsPermalink





(2) STUDY AND REPORT-CommentsClose CommentsPermalink





(A) IN GENERAL- Within 6 months after the date of the enactment of this Act, the Secretary of Defense and the Director of the Office of Personnel Management shall jointly conduct a study and submit to Congress a report--CommentsClose CommentsPermalink





(i) evaluating the feasibility of converting military technicians from FEHBP coverage to coverage provided under the TRICARE or TRICARE Reserve Select program (or both); andCommentsClose CommentsPermalink





(ii) identifying any problems associated with the conversion of military technicians from FEHBP coverage to coverage provided under chapter 55 of title 10, United States Code, during contingency operations.CommentsClose CommentsPermalink





(B) DEFINITIONS- For purposes of this subsection--CommentsClose CommentsPermalink





(i) the term ‘FEHBP coverage’ means coverage provided under chapter 89 of title 5, United States Code; andCommentsClose CommentsPermalink





(ii) the term ‘contingency operation’ has the meaning given that term in section 101(a)(13) of title 10, United States Code.CommentsClose CommentsPermalink

SEC. 4. REDUCTION IN ELIGIBILITY AGE FOR RETIREMENT FOR NON-REGULAR SERVICE.

Section 12731(f) of title 10, United States Code, is amended by striking ‘60 years of age’ both places it appears and inserting ‘55 years of age’.CommentsClose CommentsPermalink