HRPM EMP-1.20 Maximum Entry Age for Air Traffic Control Specialists
This Chapter applies to: (1) Non-bargaining unit employees/positions (2) bargaining unit employees/positions, except where the applicable collective bargaining agreement contains conflicting provisions, (3) All positions filled through external hiring process
Chapter established: October 16, 1998
This version effective: July 29, 2003
Background information: This version replaces EMP-1.20 (February 8, 2000) Maximum Entry and Retention Age for Air Traffic Control Specialists. The following changes were made to paragraph 2, Maximum Entry and Retention Age Provisions: (1) To ensure that applicants who are hired meet the maximum entry age requirements by their enter-on-duty (EOD) date, HROI: Maximum Entry Age Procedures was established and included within paragraph 2a Maximum entry age, (2) Per Public Law 108-7, paragraph 2b Maximum retention age was revised to add an exemption to the mandatory separation requirements for Civil Service Retirement System (CSRS) air traffic control (ATC) specialists, and (3) To further clarify the maximum retention age requirements, HRPM Reference Materials - Air Traffic Controller Mandatory Separation/Coverage - Q's and A's/Scenarios were established and included within paragraph 2b Maximum retention age.
1. General: This section establishes Federal Aviation Administration (FAA) policy regarding maximum entry age and retention age for air traffic control specialists whose duties require that the employees be actively engaged in the separation and control of air traffic. In accordance with the FAA PMS, Section II, Applicable Statutes, the Secretary of Transportation maintains the authority to establish the maximum entry age for original appointment to air traffic control positions within FAA. The Secretary has delegated to the Administrator of FAA or designee the authority to establish criteria and programs for the employment of individuals age 31 or older who have experience in the direct separation and control of air traffic. The Administrator of FAA has further delegated this authority to set criteria and establish programs to the Associate Administrator for Air Traffic Services, ATS-1. The Assistant Administrator for Human Resource Management, AHR-1, must approve any criteria or programs established by ATS-1 as a result of this delegated authority.
2. Maximum Entry and Retention Age Provisions:a) Maximum Entry Age:
As established in DPM 338-18, a maximum age of 30 years is established for entry into civilian air traffic control positions in the Federal Aviation Administration whose duties require that the employees be actively engaged in the separation and control of air traffic. This includes the positions of immediate supervisors of any employees actively engaged in the separation and control of air traffic. Persons who have reached their 31st birthdays may not be originally appointed to ATCS positions in FAA. If an individual has previously held such a position, then he/she may be appointed if over age 31. The maximum entry age provision precludes any other appointment or action placing a person age 31 or older into an ATCS position for the first time, except as provided below.Under the authority outlined in paragraph 1 above, FAA has established the following program and criteria for employment of individuals age 31 or older who have experience in the direct separation and control of air traffic.
- Retired Military Air Traffic Controllers (For more details on this policy see EMP-1.20 (ATS Supplement #1: Employment of Retired Air Traffic Controllers Program)
HROI: Maximum entry age procedures outlines the procedures that need to be followed to ensure that applicants who are hired meet the maximum entry age requirements by their enter-on-duty (EOD) date. Contact your servicing Human Resource Management Division (HRMD) for details and guidance.
b) Maximum Retention Age: 5 USC 8335(a) and 5 USC 8425(a) require mandatory separation at age 56 in a career controller position. Under this provision, separation shall take place on the last day of the month in which a career controller becomes 56 years of age. The law does provide for some exemptions as noted below:
- Effective February 20, 2003, Public Law 108-7 amended 5 USC 8335(a) for CSRS employees in a covered ATC position as of November 12, 2001, by extending the mandatory separation requirement until the ATC is eligible for a retirement under 8336(e). That is, if the air traffic controller reaches age 56 and has not yet completed the required 20 years service under the special provisions, the air traffic controller may continue employment until the last day of the month in which 20 years of service is completed. This exemption was made retroactive to January 1, 2003.
- The Secretary, under such regulations as the Secretary may prescribe, may exempt a controller having exceptional skills and experience as a controller from the automatic separation provisions until the controller becomes 61 years of age.
The maximum retention age provisions do not apply to controllers covered under CSRS who: (1) were appointed by the Department of Transportation (DOT) as an air traffic controller that actively engaged in the separation and control of air traffic prior to May 16, 1972, (2) were appointed by the Department of Defense (in a civilian capacity) as an air traffic controller prior to September 12, 1980, or (3) were appointed by DOT to an air traffic controller position that provided preflight, in-flight, or airport advisory service to aircraft operations prior to January 1, 1987. Once any one of the exemptions is met, the employee maintains the exemption regardless of prior or future moves.
All employees selected for air traffic controller positions that do not fall within these exemptions must be notified in writing that they will be subject to the mandatory separation provision. The servicing human resource management division (HRMD) will validate the mandatory separation requirements and notify the respective air traffic division of any employee(s) subject to this provision. The respective air traffic division will issue the notification letter(s). The notification letter must be received a minimum of 60 days prior to mandatory separation. However, Air Traffic has determined that, when feasible, employees shall receive a 90-day advance notice. This will ensure that the required 60 days advance notice period is met. A copy of this notification should be kept as permanent material in the employee's Official Personnel Folder.
In general, all Federal Employee Retirement System (FERS) air traffic controllers are subject to mandatory separation at age 56. However, if the air traffic controller reaches age 56 and has not yet completed the required 20 years service under the special provisions, the air traffic controller may continue employment until the last day of the month in which 20 years of service is completed.
For more detailed guidance relating to air traffic controller maximum retention age refer to HRPM Reference Materials - Air Traffic Controller Mandatory Separation/Coverage - Questions and Answers/Scenarios or contact your servicing human resource management division (HRMD).