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5 U.S.C. § 3382 — Involuntary separation for retirement

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3382 — Involuntary separation for retirement

An air traffic controller who is eligible for immediate retirement under [section 8336 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8336&num=0&edition=prelim) may be separated involuntarily from the service if the Secretary determines that the separation of the controller is necessary in the interest of— (1) aviation safety; (2) the efficient control of air traffic; or (3) the preservation of the physical or mental health of the controller. Chapter 75 of this title does not apply to a determination or action under this section. Separation under this section shall not become final, without the consent of the controller, until the last day of the second month following the day the controller receives a notification of the determination by the Secretary under this section, or, if a review is requested under [section 3383 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3383&num=0&edition=prelim), the last day of the month in which a final decision is issued by a board of review under [section 3383(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3383/c&num=0&edition=prelim), whichever is later. A controller who is to be separated under this section is entitled to training under [section 3381 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3381&num=0&edition=prelim). Separation of such a controller who elects to receive training under section 3381 shall not become final until the last day of the month following the completion of his training.

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Source location: Title 5, Chapter 33, § 3382; chapter-033-examination-selection-and-placement.md

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3383 — Determinations; review procedures

**(a)** An air traffic controller subject to a determination by the Secretary under section 3381(a) or [section 3382 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3382&num=0&edition=prelim), shall be furnished a written notice of the determination and the reasons therefor, and a notification that the controller has 15 days after the receipt of the notification within which to file a written request for reconsideration of the determination. Unless the controller files such a request within the 15 days, or unless the determination is rescinded by the Secretary within the 15 days, the determination shall be final. **(b)** If the Secretary does not rescind his determination within 15 days after his receipt of the written request filed by the controller under subsection (a) of this section, the Secretary shall immediately convene a board of review, consisting of— (1) a person designated by the controller; (2) a representative of the Executive agency in which the controller is employed designated by the Secretary; and (3) a representative of the Merit Systems Protection Board, designated by the Chairman, who shall serve as chairman of the board of review. **(c)** The board of review shall review evidence supporting and inconsistent with the determination of the Secretary and, within a period of 30 days after being convened, shall issue its findings and furnish copies thereof to the Secretary and the controller. The board may approve or rescind the determination of the Secretary. A decision by the board under this subsection is final. The Secretary shall take such action as may be necessary to carry out the decision of the board. **(d)** Except as provided under [section 3382 of this title](https://uscode.house.gov/view.xhtml?r

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 2109 — Air traffic controller; Secretary

For the purpose of this title— (1) “air traffic controller” or “controller” means a civilian employee of the Department of Transportation or the Department of Defense who, in an air traffic control facility or flight service station facility— (A) is actively engaged— (i) in the separation and control of air traffic; or (ii) in providing preflight, inflight, or airport advisory service to aircraft operators; or (B) is the immediate supervisor of any employee described in subparagraph (A); and (2) “Secretary”, when used in connection with “air traffic controller” or “controller”, means the Secretary of Transportation with respect to controllers in the Department of Transportation, and the Secretary of Defense with respect to controllers in the Department of Defense.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3381 — Training

**(a)** An air traffic controller with 5 years of service as a controller who is to be removed as a controller because the Secretary has determined— (1) he is medically disqualified for duties as a controller; (2) he is unable to maintain technical proficiency as a controller; or (3) such removal is necessary for the preservation of the physical or mental health of the controller; is entitled to not more than the full-time equivalent of 2 years of training. **(b)** During a period of training under this section, a controller shall be— (1) retained at his last assigned grade and rate of basic pay as a controller; (2) entitled to each increase in rate of basic pay provided under law; and (3) excluded from staffing limitations otherwise applicable. **(c)** Upon completion of training under this section, a controller may be— (1) assigned to other duties in the Executive agency in which the controller is employed; (2) released for transfer to another Executive agency; or (3) involuntarily separated from the service. The involuntary separation of a controller under this subsection is not a removal for cause on charges of misconduct, delinquency, or inefficiency for purposes of section 5595 or [section 8336 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8336&num=0&edition=prelim). **(d)** The Secretary, without regard to section 3324(a) and (b) of title 31, may pay, or reimburse a controller for, all or part of the necessary expenses of training provided under this section, including expenses authorized to be paid under chapter 41 and subchapter I of chapter 57 of this title, and the costs of other services or facilities directly related to the training of a controller. **(e)** Except as provided by subsection (d) of this

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 8336 — Immediate retirement

**(a)** An employee who is separated from the service after becoming 55 years of age and completing 30 years of service is entitled to an annuity. **(b)** An employee who is separated from the service after becoming 60 years of age and completing 20 years of service is entitled to an annuity. **(c)** (1) An employee who is separated from the service after becoming 50 years of age and completing 20 years of service as a law enforcement officer, firefighter, nuclear materials courier, or customs and border protection officer, or any combination of such service totaling at least 20 years, is entitled to an annuity. (2) An employee is entitled to an annuity if the employee— (A) was a law enforcement officer or firefighter employed by the Panama Canal Company or the Canal Zone Government at any time during the period beginning March 31, 1979, and ending September 30, 1979; and (B) is separated from the service before January 1, 2000, after becoming 48 years of age and completing 18 years of service as a law enforcement officer or firefighter, or any combination of such service totaling at least 18 years. (3) (A) In this paragraph— (i) the term “affected individual” means an individual covered under this subchapter who— (I) is performing service in a covered position; (II) while on duty, becomes ill or is injured as a direct result of the performance of such duties before the date on which the individual becomes entitled to an annuity under paragraph (1) of this subsection or subsection (e), (m), or (n), as applicable; (III) because of the illness or injury described in subclause (II), is permanently unable to render useful and efficient service in the employee’s covered position, as determined by the agency in which the individual was

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3382 — Involuntary separation for retirement

Page 434 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3381 1 See References in Text note below. By virtue of the authority vested in me by section 301 of title 3 of the United States Code, and as President of the United States, it is ordered as follows: SECTION 1. The Office of Personnel Management is hereby designated and empowered to exercise, without the approval, ratification, or other action of the Presi- dent, the following: (a) The authority of the President under section 3376 of title 5 of the United States Code [this section] to pre- scribe regulations for the administration of subchapter VI, ‘‘Assignments to and from States,’’ of chapter 33 of that title [this chapter]. (b) The authority of the President under section 205 (a)(4) of the Federal Civil Defense Act of 1950, as amended ([former] 50 U.S.C. App. 2286(a)(4)), and as af- fected by Reorganization Plan No. 1 of 1958 (72 Stat. 1799) [set out in the Appendix to this title], relating to the establishment and maintenance of personnel stand- ards on the merit basis. SEC. 2. To the extent that section 1(b) of this order is inconsistent with the provisions of Executive Order No. 10952 of July 20, 1961, as amended, section 1(b) shall con- trol. SUBCHAPTER VII—AIR TRAFFIC CONTROLLERS § 3381. Training (a) An air traffic controller with 5 years of service as a controller who is to be removed as a controller because the Secretary has deter- mined— (1) he is medically disqualified for duties as a controller; (2) he is unable to maintain technical pro- ficiency as a controller; or (3) such removal is necessary for the preser- vation of the physical or mental health of the controller; is entitled to not more than the full-time equiv- alent of 2 years of training. (b) During a period of tr

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