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. 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 would benefit an individual only when the individual’s retirement eligibility is based on a separation occurring on or after that date.
The rules also state that the newly-added second-level supervisory ATCs are not subject to mandatory retirement.