section 8336 of this titleAn air traffic controller who is eligible for immediate retirement under may be separated involuntarily from the service if the Secretary determines that the separation of the controller is necessary in the interest of—
aviation safety;
the efficient control of air traffic; or
the preservation of the physical or mental health of the controller.
section 3383 of this titlesection 3383(c) of this titlesection 3381 of this titleChapter 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 , the last day of the month in which a final decision is issued by a board of review under , whichever is later. A controller who is to be separated under this section is entitled to training under . 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.
Pub. L. 92–297, § 3(a)86 Stat. 142Pub. L. 96–347, § 1(b)94 Stat. 1150(Added , , ; amended , , .)
Editorial Notes
References in Text
section 2109 of this titleFor definition of Secretary, referred to in text, see .
Amendments
Pub. L. 96–3471980— in provisions preceding par. (1) substituted “Secretary determines” for “Secretary of Transportation determines”.
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendment
Pub. L. 96–347section 3 of Pub. L. 96–347section 2109 of this titleAmendment by effective on 90th day after , see , set out as a note under .
Effective Date
section 10 of Pub. L. 92–297section 3381 of this titleSection effective on 90th day after , see , set out as a note under .