Southwest Airilnes Crosses into the Gray

[FoxHunter]

If you want the facts you should just read the Bills. They are both worded about the same.

To amend the age restrictions for pilots. (Introduced in Senate)



S 65 IS

109th CONGRESS

1st Session

S. 65

To amend the age restrictions for pilots.

IN THE SENATE OF THE UNITED STATES

January 24, 2005



Mr. INHOFE (for himself, Mr. STEVENS, and Mr. BURNS) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation



A BILL

To amend the age restrictions for pilots.

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

SECTION 1. LIMITATION ON AGE RESTRICTIONS.

• Section 44703 of title 49, United States Code, is amended by adding at the end the following:

• `(k) LIMITATION ON AGE RESTRICTIONS-

• • `(1) IN GENERAL- Notwithstanding any other provision of law, the Administrator may not, solely by reason of a person's age, if such person has not attained the person's social security retirement age as defined in section 216(l) of the Social Security Act (42 U.S.C. 416(l))--

• • • `(A) deny, defer as to, or fail to renew for, any such person an airman or medical certificate to serve as a pilot of aircraft operated by an air carrier engaged in operations under part 121 of title 14, Code of Federal Regulations, or take any other action by regulation or otherwise under this section, including the imposition of restrictions or limitations on an airman or medical certificate following initial or periodic competency or medical testing, which has the same age discriminatory effect on any such person; or

• • • `(B) require an air carrier engaged in operations under part 121 of title 14, Code of Federal Regulations, to terminate the employment of, or not to employ, any such person as a pilot of an aircraft operated by such air carrier, or take any other action by regulation or otherwise under section 44705 of this title which has the same age discriminatory effect on any such person.

• • `(2) APPLICABILITY- Nothing in paragraph (1) shall provide the basis for a claim of seniority under any labor agreement in effect between a recognized bargaining unit for pilots and an air carrier engaged in operations under part 121 of title 14, Code of Federal Regulations, made by any pilot seeking re-employment by such air carrier following the pilot's previous termination or cessation of employment as mandated by section 121.383(c), title 14, Code of Federal Regulations.

• • `(3) AMENDMENT OF REGULATION- Upon the enactment of this subsection, the provisions of section 121.383(c), title 14, Code of Federal Regulations (as in effect on the day before the date of enactment of this subsection) shall cease to apply and the Administrator shall take such action as is necessary to carry out this subsection.'.

 

[FoxHunter]

House Version:




HR 65 IH

109th CONGRESS

1st Session

H. R. 65

To amend the age restrictions for pilots.

IN THE HOUSE OF REPRESENTATIVES

January 4, 2005



Mr. GIBBONS introduced the following bill; which was referred to the Committee on Transportation and Infrastructure



A BILL

To amend the age restrictions for pilots.

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

SECTION 1. LIMITATION ON AGE RESTRICTIONS.

• Section 44703 of title 49, United State Code, is amended by adding at the end the following:

• `(k) Limitation on Age Restrictions-

• • `(1) IN GENERAL- Notwithstanding any other provision of law, the Administrator may not, solely by reason of a person's age, if such person has not attained the person's social security retirement age as defined in section 216(l) of the Social Security Act (42 U.S.C. 416(l))--

• • • `(A) deny, defer as to, or fail to renew for, any such person an airman or medical certificate to serve as a pilot of aircraft operated by an air carrier engaged in operations under part 121 of title 14, Code of Federal Regulations, or take any other action by regulation or otherwise under this section, including the imposition of restrictions or limitations on an airman or medical certificate following initial or periodic competency or medical testing, which has the same age discriminatory effect on any such person; or

• • • `(B) require an air carrier engaged in operations under such part to terminate the employment of, or not to employ, any such person as a pilot of an aircraft operated by such air carrier, or take any other action by regulation or otherwise under section 44705 which has the same age discriminatory effect on any such person.

• • `(2) APPLICABILITY- Nothing in paragraph (1) shall provide the basis for a claim of seniority under any labor agreement in effect between a recognized bargaining unit for pilots and an air carrier engaged in operations under part 121 of title 14, Code of Federal Regulations, made by any pilot seeking re-employment by such air carrier following the pilot's previous termination or cessation of employment as mandated by section 121.383(c) of title 14, Code of Federal Regulations.

• • `(3) AMENDMENT OF REGULATION- Upon the enactment of this subsection, the provisions of section 121.383(c) of title 14, Code of Federal Regulations (as in effect on the day before the date of enactment of this subsection) shall cease to apply and the Administrator shall take such action as is necessary to carry out this subsection.'.

 

[filejw]

67 is SS age I think.And if I read this right they have to make the med test the same for everybody..I know some 35 yr olds that are going to have a problem if they change the testing..

 

[Dizel8]

You are correct, it is 67 for those born 1960 or later. Well, at least for now!

 

[Jim Smyth]

Personally, I would rather see change to the SS rules, that allows pilots to collect at 60, since it is a federally mandated law that forces retirement.

This is what I have been talking about for many years. I personally dont want to have to fly past 60. But if I am forced out by an archaic rule then we should be eligible for SS and Medicare at that point!

 

[fredgalaxy]

The problem is that because of the age 60 rule that was in place carriers (with union contracts) were "allowed" to contribute more than what is allowed in other professions to retirement accounts (B plans). If the federal law changes the retirement age, my bet is that they will reduce the amount that employers can contribute to a pilot's retirement.

Now there are many who don't have the retirement anymore anyway so they don't care about that. However, I would think that there are still some ALPA represented pilots who would hate to see their retirement contributions being cut in order to fly beyond 60. IMHO

 

[Ty Webb]

Don't worry, kids, I hope to vacate my seat long before 60.

21 years, 3 months and 7 days, but who's counting?

 

[semperfido]

Don't worry, kids, I hope to vacate my seat long before 60.

21 years, 3 months and 7 days, but who's counting?

time flys when you are having fun

 

[filejw]

One big problem according to an F/O I just flew with is the IRS.We will no longer have the waver of big penalty's the IRS requires if you go early.Early would be 60 instead of 65 and the penalty can be up to 50%..With SWA B6 and other airlines supporting this I think it will make it this time..

 

[atpcliff]

Hi!

Foxhunter, thanx 4 posting the exact wording.

Now, my question is, what do they mean by SS age? Would it be 62, which is the early retirement age? Or would it be the regular age, which varies depending on when you were born, and starts at 65? If that is the cas, and I assume it is, then the FAA could mandate different retirement ages for individual pilots based on their SS elligibility age.

Also, since the wording of the two bills is ALREADY the same, I believe that improves the chances of passage of the bills, since it indicates that the House and Senate already got together prior to introducing the bills so that there won't be problems later. Most bills are different, and a House-Senate committee has to hash out the differences.

Cliff
YIP