Congress votes to extend pilots' retirement age to 65

[necigrad]

Holy crap, Congress actually passed something UNANIMOUSLY?!!?!?!?

Glad the restriction will be lifted (unless Bush does something stupid with it). It was a good idea at first, but has since become antiquidated and baseless.

 

[YVINTERN]

Hmm...What would BoeingBoy do 😉

 

[nycbusdriver]

Hmm...What would BoeingBoy do 😉

The law specifically denies pilots who had already retired at age 60 from claiming prior seniority. In short, pilots can come back as new hires...unlikely to happen at this airline, but some upstart may hire them as Direct Entry Captains (DECs) to take advantage of the experience. Hiring DECs is common practice outside of the U.S.

Here's the germane text of the HR 4343 bill:

`(1) NONRETROACTIVITY- No person who has attained 60 years of age before the date of enactment of this section may serve as a pilot for an air carrier engaged in covered operations unless--

`(A ) such person is in the employment of that air carrier in such operations on such date of enactment as a required flight deck crew member; or

`(B ) such person is newly hired by an air carrier as a pilot on or after such date of enactment without credit for prior seniority or prior longevity for benefits or other terms related to length of service prior to the date of rehire under any labor agreement or employment policies of the air carrier.

 

[BoeingBoy]

Hmm...What would BoeingBoy do 😉

I'm staying retired, thank you very much. Just can't imagine going back into that rat race.

Jim

 

[JayBrian]

I think government employees still retire at 55. Wasn't there some kind of study that said that airlines pilots, on average, only lived to age 63? I guess this will save both the gov't (PBGC) and the company tons of money, while making pilots work until they die. Yea, I'm for that! Another ALPA victory! Gotta go, my phone is ringing. It's crew scheduling. they're saying some old pilot in PHL just called in DEAD!

Only 63, yikes. I'll guess I'll have to meet BoeingBoy pretty soon then.


Just kidding.

 

[Dash Trash]

Ah yes... 3 to 5 more years living on $35k a year with little quality of life.

This bill, industry, and career now has the full attention of my middle finger......

 

[wasone]

The law specifically denies pilots who had already retired at age 60 from claiming prior seniority. In short, pilots can come back as new hires...unlikely to happen at this airline, but some upstart may hire them as Direct Entry Captains (DECs) to take advantage of the experience. Hiring DECs is common practice outside of the U.S.

Here's the germane text of the HR 4343 bill:

`(1) NONRETROACTIVITY- No person who has attained 60 years of age before the date of enactment of this section may serve as a pilot for an air carrier engaged in covered operations unless--

`(A ) such person is in the employment of that air carrier in such operations on such date of enactment as a required flight deck crew member; or

`(B ) such person is newly hired by an air carrier as a pilot on or after such date of enactment without credit for prior seniority or prior longevity for benefits or other terms related to length of service prior to the date of rehire under any labor agreement or employment policies of the air carrier.

So what happens to those guys that are out on long term med. disability that are not 60?

 

[700UW]

Statement by the Press Secretary
Thursday December 13, 9:33 pm ET


WASHINGTON--(BUSINESS WIRE)--On Thursday, December 13, 2007, the President signed into law:
H.R. 4343, the “Fair Treatment for Experienced Pilots Act,â€￾ which raises the mandatory retirement age from 60 years to 65 years for pilots serving on commercial passenger flights within the United States.

 

[nycbusdriver]

So what happens to those guys that are out on long term med. disability that are not 60?

Not that what I say has any weight on the matter, but it would seem that someone on disability is still in the employ of the airline though not active due to their health. Those pilots are still on the seniority list and have their job waiting for them when they get well. Previously, if you were still on disability when you turned 60, they took you off disability and retired you. Now, that won't happen until 65.

 

[fatherabraham]

Aside from obvious bummer of being on diability, they may have just gotten a sweet christmas present. Another 5 years of pay vs retirement comp.
i will not bring up the inequities of many cases.

 

[ableoneable]

Actually the west contract contains a mechanism for retired pilots to return to the company. It stipulates that a retired pilot can be re-hired by the company. If the company decides to re-hire a retired pilot, that pilot returns with his seniority but no longevity.

CBA section 22D2

"A pilot who retires and who is subsequently re-hired as a Pilot due to a change in the FARs shall retain the relative seniority that the Pilot held prior to retirement."

 

[nycbusdriver]

Actually the west contract contains a mechanism for retired pilots to return to the company. It stipulates that a retired pilot can be re-hired by the company. If the company decides to re-hire a retired pilot, that pilot returns with his seniority but no longevity.

CBA section 22D2

"A pilot who retires and who is subsequently re-hired as a Pilot due to a change in the FARs shall retain the relative seniority that the Pilot held prior to retirement."

The law negates that portion of the contract. (Law trumps contract.)

"(B ) such person is newly hired by an air carrier as a pilot on or after such date of enactment without credit for prior seniority or prior longevity for benefits or other terms related to length of service prior to the date of rehire under any labor agreement or employment policies of the air carrier."

 

[Phoenix]

Table 1 - Actuarial Study of life span vs. age at retirement.

Retirement Age....Average Age at death

49.9..................................86

51.2 .................................. 85.3

52.5 .................................. 84.6

53.8.................................. 83.9

55.1 .................................. 83.2

56.4 .................................. 82.5

57.2 .................................. 81.4

58.3.................................. 80

59.2 ..................................78.5

60.1 ..................................76.8

61.0.................................. 74.5

62.1 ..................................71.8

63.1 ..................................69.3

64.1 ..................................67.9

65.2 ..................................66.8



Table 1 and the chart indicate that for people retired at the age of 50, their average life span is 86; whereas for people retired at the age of 65, their average life span is only 66.8. An important conclusion from Dr. Ephrem (Siao Chung) Cheng provided the important results in the this study is that for every year one works beyond age 55, one loses 2 years of life span on average.

 

[zflygrl]

I guess this means they will put the SS age up to 80......????? LOL


To amend title 49, United States Code, to modify age standards for pilots engaged in commercial aviation operations.


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

SECTION 1. SHORT TITLE.

This Act may be cited as the `Fair Treatment for Experienced Pilots Act'.

SEC. 2. AGE STANDARDS FOR PILOTS.

(a) In General- Chapter 447 of title 49, United States Code, is amended by adding at the end the following:

`Sec. 44729. Age standards for pilots

`(a) In General- Subject to the limitation in subsection ©, a pilot may serve in multicrew covered operations until attaining 65 years of age.

`(B) Covered Operations Defined- In this section, the term `covered operations' means operations under part 121 of title 14, Code of Federal Regulations.

`© Limitation for International Flights-

`(1) APPLICABILITY OF ICAO STANDARD- A pilot who has attained 60 years of age may serve as pilot-in-command in covered operations between the United States and another country only if there is another pilot in the flight deck crew who has not yet attained 60 years of age.

`(2) SUNSET OF LIMITATION- Paragraph (1) shall cease to be effective on such date as the Convention on International Civil Aviation provides that a pilot who has attained 60 years of age may serve as pilot-in-command in international commercial operations without regard to whether there is another pilot in the flight deck crew who has not attained age 60.

`(d) Sunset of Age 60 Retirement Rule- On and after the date of enactment of this section, section 121.383© of title 14, Code of Federal Regulations, shall cease to be effective.

`(e) Applicability-

`(1) NONRETROACTIVITY- No person who has attained 60 years of age before the date of enactment of this section may serve as a pilot for an air carrier engaged in covered operations unless--

`(A) such person is in the employment of that air carrier in such operations on such date of enactment as a required flight deck crew member; or

`(B) such person is newly hired by an air carrier as a pilot on or after such date of enactment without credit for prior seniority or prior longevity for benefits or other terms related to length of service prior to the date of rehire under any labor agreement or employment policies of the air carrier.

`(2) PROTECTION FOR COMPLIANCE- An action taken in conformance with this section, taken in conformance with a regulation issued to carry out this section, or taken prior to the date of enactment of this section in conformance with section 121.383© of title 14, Code of Federal Regulations (as in effect before such date of enactment), may not serve as a basis for liability or relief in a proceeding, brought under any employment law or regulation, before any court or agency of the United States or of any State or locality.

`(f) Amendments to Labor Agreements and Benefit Plans- Any amendment to a labor agreement or benefit plan of an air carrier that is required to conform with the requirements of this section or a regulation issued to carry out this section, and is applicable to pilots represented for collective bargaining, shall be made by agreement of the air carrier and the designated bargaining representative of the pilots of the air carrier.

`(g) Medical Standards and Records-

`(1) MEDICAL EXAMINATIONS AND STANDARDS- Except as provided by paragraph (2), a person serving as a pilot for an air carrier engaged in covered operations shall not be subject to different medical standards, or different, greater, or more frequent medical examinations, on account of age unless the Secretary determines (based on data received or studies published after the date of enactment of this section) that different medical standards, or different, greater, or more frequent medical examinations, are needed to ensure an adequate level of safety in flight.

`(2) DURATION OF FIRST-CLASS MEDICAL CERTIFICATE- No person who has attained 60 years of age may serve as a pilot of an air carrier engaged in covered operations unless the person has a first-class medical certificate. Such a certificate shall expire on the last day of the 6-month period following the date of examination shown on the certificate.

`(h) Safety-

`(1) TRAINING- Each air carrier engaged in covered operations shall continue to use pilot training and qualification programs approved by the Federal Aviation Administration, with specific emphasis on initial and recurrent training and qualification of pilots who have attained 60 years of age, to ensure continued acceptable levels of pilot skill and judgment.

`(2) LINE EVALUATIONS- Not later than 6 months after the date of enactment of this section, and every 6 months thereafter, an air carrier engaged in covered operations shall evaluate the performance of each pilot of the air carrier who has attained 60 years of age through a line check of such pilot. Notwithstanding the preceding sentence, an air carrier shall not be required to conduct for a 6-month period a line check under this paragraph of a pilot serving as second-in-command if the pilot has undergone a regularly scheduled simulator evaluation during that period.

`(3) GAO REPORT- Not later than 24 months after the date of enactment of this section, the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report concerning the effect, if any, on aviation safety of the modification to pilot age standards made by subsection (a).'.

(B) Clerical Amendment- The analysis for chapter 447 of title 49, United States Code, is amended by adding at the end the following:

`44729. Age standards for pilots.'.
Passed the House of Representatives December 11, 2007.

Attest:

Clerk.


110th CONGRESS

1st Session

H. R. 4343

AN ACT
To amend title 49, United States Code, to modify age standards for pilots engaged in commercial aviation operations.

 

[nycbusdriver]

About Dr. Cheng's actuarial table.

There needs to be more information about the cross section of those in the study (like, is it a study of coal miners?) How many were studied. In what country, or countries.

The table is meaningless without giving the basis.