HeavyJet

There is some interesting stuff to read in here. The FAA's position is that an over 60 guy (even an engineer) prior to the rule change has no basis for gaining their front seat back. They can get it back through a vacancy only. They also state that no company is required to just give them their seat back. Also an engineer is not considered a required flight deck crewmember unless they were actually sitting in the front seat prior to the rule change. They consider a flight deck crewmember a pilot only!!

SWWWEEEEETTTTTT!!!!!!









FAA Information for Operators ("InFO") 07023



On 12/20/07 the FAA issued InFO 07023. This document contains two
interpretations relating to FTEPA: (1) issues with respect to augmented
crews and (2) the requirement for over age 60 pilots to be rehired by Part
121 carriers.



Upon review of InFO 07023 we identified a potential area of confusion
that is in need of clarification. This discrepancy is contained in item (2)
of the Background portion of the bulletin and is inconsistent with the
language in the legislation and in disagreement with item (2) in the
Discussion portion of the InFO bulletin. In the Background portion item (2)
states,



"The Act is non-retroactive in that any person who turned age 60 prior
to December 13, 2007 cannot serve as a pilot for a part 121 air carrier
unless that person is treated as a new hire pilot."



While item (2) of the Discussion portion of the InFO bulletin states,



"A person who was in the employment of an air carrier when he/she
attained 60 years of age before December 13, 2007, but who was not
conducting part 121 operations for the carrier as a required flight deck
crew member may continue employment with the air carrier" and ". that person
must be treated by the carrier as a 'newly hired pilot. without credit for
prior seniority or longevity."



This latter statement implies that if an individual over the age of 60
in the employment of the air carrier who was conducting part 121 operations
as a required flight deck crew member (meaning performing the duties of
Flight Engineer or Second Officer) on the date of enactment that individual
may continue employment with seniority and longevity. Item (2) of the
Discussion is consistent with the enacted legislation as ALPA understands
the enactment, but ALPA is seeking clarification from the FAA.



The full text of InFO 07023 is as follows:





Subject: Two Legal Interpretations Regarding the Age 65 Law Effective
12/13/2007

Purpose: This InFO makes known the Federal Aviation Administration's
(FAA) two legal interpretations regarding the Fair Treatment of Experienced
Pilots Act: (1) augmented crews and (2) the requirement for over age 60
pilots to be rehired by Title 14 of the Code of Federal Regulations (14 CFR)
part 121 air carriers.

Background: (1) The Fair Treatment of Experienced Pilots Act requires
international operations with a pilot in command (PIC) over age 60 to have a
pilot who has not yet reached age 60 assigned to the flight deck crew.

(2) The Act is non-retroactive in that any person who turned age 60
prior to December 13, 2007 cannot serve as a pilot for a part 121 air
carrier unless that person is treated as a new hire pilot. Such person may
not receive credit (see discussion below) for prior seniority or longevity
for benefits related to length of service prior to the date of rehire under
any labor agreement or employment policies of the air carrier.

Discussion: (1) Under Title 49 of the United States Code (49 U.S.C.), §
44729(c)(1), a pilot who has attained 60 years of age may serve as a PIC for
part 121 operations between the United States and another country only if
there is another pilot assigned to the flight deck crew who has not yet
attained 60 years of age. This section reflects Congress's intent to follow
the recommend International Civil Aviation Organization (ICAO) standard for
international operations. When there is an augmented flight deck crew
assigned to a flight, that assigned flight deck crew must include one pilot
who is licensed, current, qualified, appropriately rated for all phases of
flight, and younger than age 60. A pilot younger than age 60 does not have
to be on the flight deck when a PIC over age 60 is on the flight deck.
However, ICAO and the FAA suggest that a pilot under age 60 be at the
controls (a crew duty position) during critical phases of the flight (such a
s below 10,000 feet). The FAA expects air carriers and PICs to use best
scheduling practices and crew management to ensure maximum compliance with
this recommendation. Issues such as pilot seniority are not considered valid
reasons for noncompliance.

(2) A person who was in the employment of an air carrier when he/she
attained 60 years of age before December 13, 2007, but who was not
conducting part 121 operations for the carrier as a required flight deck
crew member may continue employment with the air carrier. To continue
employment as a pilot under 49 U.S.C., § 44729(e)(1)(B), that person must be
treated by the carrier as a "newly hired pilot.without credit for prior
seniority or 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." The FAA does not believe it was the intent of
Congress to require that the pilot be separated from the air carrier with a
formal break in service in order to qualify for coverage of §
44729(e)(1)(B). The decision to "rehire" the pilot or keep the pilot in the
airline's employment is a matter to be decided through the company's
contractual process with its employees. In any case, a person who attained
age 60 before December 13, 2007, was not a required flight deck crewmember
at the time, and who resumes pilot duties must be treated as a newly hired
pilot.

Recommended Action: Directors of Human Relations, directors of
personnel, directors of operations, trainers, employee groups and pilots
under part 121 should be aware of this interpretation.

Approved



Please note that the statute as enacted by Congress takes precedence
over any contrary view expressed by the FAA. At the same time, the FAA does
have authority with respect to air carriers and flight crewmember
certification that may enable it to place interpretations on the statute to
fulfill its responsibilities. Accordingly, if there is at any point an
apparent conflict between the FAA's interpretation and the statutory
language, it is especially important to seek guidance through Jim Wilson as
discussed above.



Frequently Asked Questions (Issues Other than Retirement & Insurance
Benefits)



The following are questions that have arisen since enactment of FTEPA
that we are able to answer based on information currently available. The
following represents ALPA's understanding of the statute and of guidance
already provided by the FAA. We will continue to update this list of FAQs
as additional questions arise and further information becomes available,
including any further guidance and/or clarification from the FAA.



Q.1: What are "required flight deck crew members" and "pilots" for
purposes of FTEPA?



A.1: FTEPA permits a person who reached age 60 before December 13
but who is serving on that date as a "required flight deck crew member" for
a Part 121 carrier to serve as a pilot for that carrier without loss of
prior seniority or longevity. For this purpose, a "required flight deck
crew member" means a Flight Engineer or Second Officer, since only such
person could have been serving as a "flight deck crew member" after reaching
age 60. Hence, the term "required flight deck crew member" as used in this
provision only refers to those required to fly (manipulate the controls) the
aircraft. "Pilot" has the same meaning under FTEPA as it does elsewhere
under the Federal Aviation Act, a person who is qualified to serve at the
controls of the aircraft, as either pilot in command or as pilot second in
command.



Q.2: A person attained age 60 prior to 12/13/07 but has not yet
reached age 65. On that date he/she was engaged in Part 121 operations as a
Flight Engineer or Second Officer. Is this person now eligible to serve as
a pilot (Captain or First Officer)?



A.2: Under FTEPA, this person now is permitted to serve as a pilot
until he/she attains the age of 65. FTEPA does not, however, require a
carrier to permit the Flight Engineer or Second Officer to bump or displace
into a pilot position. The Age Discrimination in Employment Act (ADEA)
would require the carrier, and union, to treat the Flight Engineer or Second
Officer at age 60 to 65 in the same way as if he or she were under age 60.
Typically, this would mean under the relevant CBA that, in order to become a
pilot, the Flight Engineer or Second Officer must exercise his or her
seniority to bid into a pilot position. There may be exceptions based on
the particular provisions of the relevant CBA.



Q.3: A person attained age 60 prior to 12/13/07 but has not yet
reached age 65. On December 13 he had been awarded, and was awaiting
training for, or was in training for, a Flight Engineer or Second Officer
position. Is this person eligible to become a pilot without loss of
seniority or longevity, in the same way as a person who was already serving
as a Flight Engineer or Second Officer on December 13?



A.3: ALPA currently is reviewing this issue in light of the
language and history of FTEPA, the direction given by the EXBD in its
resolution dated May 24, 2007, and other relevant considerations. We will
update you on the outcome of this review as soon as possible.



Q.4: A person attained age 60 prior to 12/13/07 but has not yet
reached age 65. On December 13 he/she was employed in a management
position, instructor or in some other non-flying position. Assuming the
person was not eligible to become a pilot based on the Flight
Engineer/Second Officer exception (see Q/A.2 above), is he/she eligible to
return to line flying as a pilot?



A.4: FTEPA provides that a carrier may hire or rehire this person
to serve as a pilot but only without credit for prior seniority, longevity,
etc. This person is not entitled to retain seniority and longevity credit
because he/she attained age 60 prior to 12/13/07 and was not engaged in such
operations as a required flight deck crew member on that date. FTEPA does
not state that the carrier is obligated to rehire him or her, but the
carrier must not engage in age discrimination in its hiring practices.



Q.5: A person who had been serving as a pilot or Flight Engineer was
receiving disability benefits from his/her airline's disability program but
attained age 60 prior to 12/13/07. This person subsequently recovers from
his/her disability prior to attaining age 65. Is he/she permitted to return
to service as a pilot?



A.5: If the person was serving as a pilot for an air carrier that
had no Flight Engineers or Second Officers, became disabled and then reached
age 60 before 12/13/07, the disability would not give him or her a greater
right than any other pilot for that carrier, which is only the right under
FTEPA to be considered for rehire without seniority or longevity. If the
person was serving as a pilot for an air carrier that had Flight Engineers
or Second Officers, other questions may be presented, and ALPA currently is
reviewing this issue in light of the language and history of FTEPA, the
direction given by the EXBD in its resolution dated May 24, 2007, and other
relevant considerations.



Q.6: A person had not yet attained age 60 on 12/13/07. On that date
he/she was receiving disability benefits from his/her airline's disability
program. This person subsequently recovers from his/her disability prior to
attaining age 65. Is he/she permitted to return to service as a pilot
(Captain or First Officer)?



A.6: Since this person had not attained age 60 as of 12/13/07,
he/she is permitted under FTEPA to serve as a pilot until he/she reaches the
age of 65, if otherwise qualified. His/her entitlement to return to service
and, if entitled, the terms of his/her return to service would depend on
applicable provisions of the CBA, but ADEA requires that such provisions
must treat the person during the period age 60 to 65 the same as a person
returning to work before age 60.

mike chase

Not to worry man!

Shoulder harness enertia-reel locks were installed for one reason......To restrain a dead body from empinging on the flight controls. Trust me....you will soon have the opportunity to demonstrate it's use.