Transition rules

(a) Nonreduction in pay and compensation Under such pay conversion rules as the Secretary may prescribe to carry out this Act, a covered employee converted from a TSA personnel management system to the provisions of title 5, United States Code, under section 3(c)(1)(F)— (1) may not be subject to any reduction in either the rate of adjusted basic pay payable or law enforcement availability pay payable to that covered employee; and (2) shall be credited for years of service in a specific pay band under a TSA personnel management system as if the covered employee had served in an equivalent General Schedule position at the same grade, for purposes of determining the appropriate step within a grade at which to establish the converted rate of pay of the covered employee. (b) Retirement pay (1) In general Not later than 90 days after the date of enactment of this Act, the Secretary shall submit to the appropriate congressional committees a proposal, including proposed legislative changes if needed, for determining the average pay of any covered employee who retires not later than 3 years after the conversion date for purposes of calculating the retirement annuity of the covered employee. (2) Requirements The proposal required under paragraph (1) shall be structured in a manner that— (A) is consistent with title 5, United States Code; and (B) appropriately accounts for the service of a covered employee to which the proposal applies, and the annual rate of basic pay of such a covered employee, following the conversion date. (c) Limitation on premium pay (1) In general Notwithstanding section 5547 of title 5, United States Code, or any other provision of law, a Federal air marshal or criminal investigator who is appointed to that position before the date of enactment of this Act may be eligible for premium pay up to the maximum level allowed by the Administrator before the date of enactment of this Act. (2) OPM recognition The Director of the Office of Personnel Management shall recognize premium pay paid pursuant to paragraph (1) as fully creditable for the purposes of calculating pay and retirement benefits. (d) Preservation of law enforcement availability pay and overtime pay rates for Federal air marshals (1) LEAP Section 5545a of title 5, United States Code, is amended— (A) in subsection (a)(2), in the matter preceding subparagraph (A), by striking subsection (k) and inserting subsection (l); (B) by redesignating subsection (k) as subsection (l); and (C) by inserting after subsection (j) the following: (k) The provisions of subsections (a) through (h) providing for availability pay shall apply to any Federal air marshal who is an employee of the Transportation Security Administration.. (2) Overtime Section 5542 of title 5, United States Code, is amended by adding at the end the following: (i) Notwithstanding any other provision of law, a Federal air marshal who is an employee of the Transportation Security Administration shall receive overtime pay under this section, at such a rate and in such a manner so that such Federal air marshal does not receive less overtime pay than such Federal air marshal would receive were that Federal air marshal subject to the overtime pay provisions of section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207).. (3) Effective date The amendments made by paragraphs (1) and (2) shall apply beginning on the conversion date. (e) Collective bargaining unit Notwithstanding section 7112 of title 5, United States Code, following the application of chapter 71 of that title pursuant to section 3(c)(2) of this Act, screening agents shall remain eligible to form a collective bargaining unit. (f) Preservation of other rights The Secretary shall take any actions necessary to ensure that the following rights are preserved and available for each covered employee beginning on the conversion date, and for any covered employee appointed after the conversion date, and continue to remain available to covered employees after the conversion date: (1) Any annual leave, sick leave, or other paid leave accrued, accumulated, or otherwise available to a covered employee immediately before the conversion date shall remain available to the covered employee until used, subject to any limitation on accumulated leave under chapter 63 of title 5, United States Code. (2) Part-time screening agents pay premiums under chapter 89 of title 5, United States Code, on the same basis as full-time covered employees. (3) Notwithstanding section 6329a of title 5, United States Code, covered employees are provided appropriate leave during national emergencies to assist the covered employees and ensure the Administration meets mission requirements. (4) Eligible screening agents receive a split-shift differential for regularly scheduled split-shift work as well as regularly scheduled overtime and irregular and occasional split-shift work. (5) Notwithstanding sections subsections (c), (e), and (f) of section 5754 of title 5, United States Code, eligible covered employees receive group retention incentives, as appropriate.