
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC3681]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                        CHAPTER 51--PANAMA CANAL
 
              SUBCHAPTER I--ADMINISTRATION AND REGULATIONS
 
                            Part 2--Employees
 
                         subpart iv--retirement
 
Sec. 3681. Retirement under special treaty provisions


(a) Purchase of retirement equity; individuals entitled to participate

    (1) Subject to subsection (b) of this section, and under such 
regulations as the President may prescribe, the Secretary of the 
Treasury shall pay to the Social Security System of the Republic of 
Panama, out of funds deposited in the Treasury of the United States to 
the credit of the Civil Service Retirement and Disability Fund under 
section 8334(a)(2) of title 5, such sums of money as may be necessary to 
aid in the purchase of a retirement equity in such System for each 
individual who--
        (A) meets the requirements of paragraph (2) of this subsection;
        (B) is separated from employment in the Panama Canal Company, 
    the Canal Zone Government, or the Commission by reason of the 
    implementation of any provision of the Panama Canal Treaty of 1977 
    and related agreements; and
        (C) becomes employed in a position covered by the Social 
    Security System of the Republic of Panama through the transfer of a 
    function or activity to the Republic of Panama from the United 
    States or through a job placement assistance program.

    (2) This subsection applies with respect to any individual only if 
the individual--
        (A) has been credited with at least 5 years of civilian service 
    under section 8332 of title 5, relating to creditable service for 
    purposes of civil service retirement;
        (B) is not eligible for an immediate retirement annuity under 
    chapter 83 of title 5, relating to civil service retirement, and 
    elects not to receive a deferred annuity under that chapter based on 
    any portion of that service, and
        (C) elects to withdraw from the Civil Service Retirement and 
    Disability Fund the individual's entire lump-sum credit (as defined 
    in section 8331(8) of title 5) and to transfer that amount to the 
    Social Security System of the Republic of Panama pursuant to the 
    special regime referred to in paragraph 3 of Article VIII of the 
    Agreement in Implementation of Article III of the Panama Canal 
    Treaty of 1977.

(b) Limitation on amount paid to Social Security System of Republic of 
        Panama

    The amount paid to the Social Security System of the Republic of 
Panama with respect to any individual under subsection (a) of this 
section shall not exceed the individual's entire lump-sum credit (as so 
defined).

(c) Purchase of nontransferable deferred annuity; employees entitled to 
        participate

    (1) Pursuant to paragraph 2(b) of Annex C to the Agreement in 
Implementation of Article IV of the Panama Canal Treaty of 1977, the 
President, or the President's designee, shall purchase from a source 
determined by the President to be appropriate, in accordance with such 
regulations as the President or the President's designee may prescribe, 
and to such extent or in such amounts as may be provided in advance in 
appropriation Acts, a nontransferable deferred annuity for the benefit 
of each employee of an agency or instrumentality of the Government of 
the United States in the Republic of Panama--
        (A) who is not a citizen of the United States;
        (B) who was employed on October 1, 1979, and during any period 
    before that date by an agency or instrumentality of the Government 
    of the United States at any permanent duty station in the Republic 
    of Panama (including, with respect to employment before that date, 
    the area then known as the Canal Zone);
        (C) who, for any period of service with such agency or 
    instrumentality before October 1, 1979, at any such permanent duty 
    station was not covered, by reason of that service, by the United 
    States Civil Service Retirement system or any other Federal 
    retirement system providing benefits similar to those retirement 
    benefits provided by the Social Security System of the Republic of 
    Panama; and
        (D) who, on October 1, 1979, is under a Federal retirement 
    system and, on or before that date, has accrued in one or more 
    agencies or instrumentalities of the United States a total of 5 
    years or more of service which--
            (i) is creditable toward any Federal retirement system as in 
        effect on October 1, 1979;
            (ii) would have been creditable toward any such retirement 
        system if the retirement system were in effect at the time of 
        the service accrued by the employee; or
            (iii) consists of any combination of service described in 
        clauses (i) and (ii) of this subparagraph.

    (2) The retirement annuity referred to in paragraph (1) of this 
subsection with respect to any employee will cover retroactively, from 
October 1, 1979, all periods of service, described in subparagraph (D) 
of that paragraph, by that employee at any permanent duty station in the 
Republic of Panama (including the area known before that date as the 
Canal Zone) in agencies and instrumentalities of the Government of the 
United States during which that employee was not covered by the United 
States Civil Service Retirement System or any other Federal retirement 
system providing benefits similar to those retirement benefits provided 
by the Social Security System of the Republic of Panama.

(Pub. L. 96-70, title I, Sec. 1243, Sept. 27, 1979, 93 Stat. 473; Pub. 
L. 105-85, div. C, title XXXV, Sec. 3550(d)(6), Nov. 18, 1997, 111 Stat. 
2074.)


                               Amendments

    1997--Subsec. (c)(2). Pub. L. 105-85 substituted ``retroactively'' 
for ``retroactivity''.

                         Delegation of Functions

    Functions vested in President by subsec. (a)(1) delegated to 
Director of Office of Personnel Management and function vested in 
President by subsec. (c)(1) of this section delegated to Secretary of 
Defense, see sections 1-105 and 1-403 of Ex. Ord. No. 12215, May 27, 
1980, 45 F.R. 36043, 36045, set out as a note under section 3601 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in title 5 section 8348.
