
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: 5USC3582]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart B--Employment and Retention
 
     CHAPTER 35--RETENTION PREFERENCE, RESTORATION, AND REEMPLOYMENT
 
    SUBCHAPTER IV--REEMPLOYMENT AFTER SERVICE WITH AN INTERNATIONAL 
                              ORGANIZATION
 
Sec. 3582. Rights of transferring employees

    (a) An employee serving under an appointment not limited to 1 year 
or less who transfers to an international organization with the consent 
of the head of his agency is entitled--
        (1) to retain coverage, rights, and benefits under any system 
    established by law for the retirement of employees, if necessary 
    employee deductions and agency contributions in payment for the 
    coverage, rights, and benefits for the period of employment with the 
    international organization are currently deposited in the system's 
    fund or depository; and the period during which coverage, rights, 
    and benefits are retained under this paragraph is deemed creditable 
    service under the system, except that such service shall not be 
    considered creditable service for the purpose of any retirement 
    system for transferring personnel, if such service forms the basis, 
    in whole or in part, for an annuity or pension under the retirement 
    system of the international organization;
        (2) to retain coverage, rights, and benefits under chapters 87 
    and 89 of this title, if necessary employee deductions and agency 
    contributions in payment for the coverage, rights, and benefits for 
    the period of employment with the international organization are 
    currently deposited in the Employees' Life Insurance Fund and the 
    Employees' Health Benefits Fund, as applicable, and the period 
    during which coverage, rights, and benefits are retained under this 
    paragraph is deemed service as an employee under chapters 87 and 89 
    of this title;
        (3) to retain coverage, rights, and benefits under subchapter I 
    of chapter 81 of this title, and for this purpose his employment 
    with the international organization is deemed employment by the 
    United States, but if he or his dependents receive from the 
    international organization a payment, allowance, gratuity, payment 
    under an insurance policy for which the premium is wholly paid by 
    the international organization, or other benefit of any kind on 
    account of the same injury or death, the amount thereof, is credited 
    against disability or death compensation, as the case may be, 
    payable under subchapter I of chapter 81 of this title; and
        (4) to elect to retain to his credit all accumulated and current 
    accrued annual leave to which entitled at the time of transfer which 
    would otherwise be liquidated by a lump-sum payment. On his request 
    at any time before reemployment, he shall be paid for the annual 
    leave retained. If he receives a lump-sum payment and is reemployed 
    within 6 months after transfer, he shall refund to the agency the 
    amount of the lump-sum payment. This paragraph does not operate to 
    cause a forfeiture of retained annual leave following reemployment 
    or to deprive an employee of a lump-sum payment to which he would 
    otherwise be entitled.

    (b) An employee entitled to the benefits of subsection (a) of this 
section is entitled to be reemployed within 30 days of his application 
for reemployment in his former position or a position of like seniority, 
status, and pay in the agency from which he transferred, if--
        (1) he is separated from the international organization within 5 
    years, or any extension thereof, after entering on duty with the 
    international organization or within such shorter period as may be 
    named by the head of the agency at the time of consent to transfer; 
    and
        (2) he applies for reemployment not later than 90 days after the 
    separation.

On reemployment, an employee entitled to the benefits of subsection (a) 
is entitled to the rate of basic pay to which the employee would have 
been entitled had the employee remained in the civil service. On 
reemployment, the agency shall restore the sick leave account of the 
employee, by credit or charge, to its status at the time of transfer. 
The period of separation caused by the employment of the employee with 
the international organization and the period necessary to effect 
reemployment are deemed creditable service for all appropriate civil 
service employment purposes. This subsection does not apply to a 
congressional employee.
    (c) This section applies only with respect to so much of a period of 
employment with an international organization as does not exceed 5 
years, or any extension thereof, or such shorter period named by the 
head of the agency at the time of consent to transfer, except that for 
retirement and insurance purposes this section continues to apply during 
the period after separation from the international organization in 
which--
        (1) an employee, except a Congressional employee, is properly 
    exercising or could exercise the reemployment right established by 
    subsection (b) of this section; or
        (2) a Congressional employee is effecting or could effect a 
    reemployment.

During that reemployment period, the employee is deemed on leave without 
pay for retirement and insurance purposes.
    (d) During the employee's period of service with the international 
organization, the agency from which the employee is transferred shall 
make contributions for retirement and insurance purposes from the 
appropriations or funds of that agency so long as contributions are made 
by the employee.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 430; Pub. L. 91-175, pt. V, 
Sec. 502(c)-(f), Dec. 30, 1969, 83 Stat. 825, 826; Pub. L. 94-183, 
Sec. 2(10), Dec. 31, 1975, 89 Stat. 1057; Pub. L. 105-277, div. G, 
subdiv. B, title XXV, Sec. 2504(a), Oct. 21, 1998, 112 Stat. 2681-837.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 2333 (less (c)).     Aug. 28, 1958, Pub.
                                                    L. 85-795 Sec.  4
                                                    (less (c)), 72 Stat.
                                                    960.
------------------------------------------------------------------------

    In subsection (a), the words ``Notwithstanding the provisions of any 
law, Executive order, or regulation'' are omitted as unnecessary. In 
paragraph (2), the words ``an employee under chapter 87 of this title'' 
are substituted for ``an officer or employee of the United States''. In 
paragraph (4), the words ``under no circumstances'' are omitted as 
unnecessary.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.


                               Amendments

    1998--Subsec. (b). Pub. L. 105-277 inserted concluding provisions 
and struck out former concluding provisions which read as follows: ``On 
reemployment, he is entitled to the rate of basic pay to which he would 
be entitled had he remained in the civil service. On reemployment, the 
agency shall restore his sick leave account, by credit or charge, to its 
status at the time of transfer. The period of separation caused by his 
employment with the international organization and the period necessary 
to effect reemployment are deemed creditable service for all appropriate 
civil service employment purposes. On reemployment, he is entitled to be 
paid, under such regulations as the President may prescribe and from 
appropriations or funds of the agency from which transferred, an amount 
equal to the difference between the pay, allowances, post differential, 
and other monetary benefits paid by the international organization and 
the pay, allowances, post differential, and other monetary benefits that 
would have been paid by the agency had he been detailed to the 
international organization under section 3343 of this title. Such a 
payment shall be made to an employee who is unable to exercise his 
reemployment right because of disability incurred while on transfer to 
an international organization under this subchapter and, in the case of 
any employee who dies while on such a transfer or during the period 
after separation from the international organization in which he is 
properly exercising or could exercise his reemployment right, in 
accordance with subchapter VIII of chapter 55 of this title. This 
subsection does not apply to a congressional employee nor may any 
payment provided for in the preceding two sentences of this subsection 
be based on a period of employment with an international organization 
occurring before the first day of the first pay period which begins 
after December 29, 1969.''
    1975--Subsec. (b). Pub. L. 94-183 substituted ``after December 29, 
1969'' for ``on or after the date of enactment of the Foreign Assistance 
Act of 1969'' in last sentence.
    1969--Subsec. (a). Pub. L. 91-175, Sec. 502(c), inserted provision 
at end of cl. (1) excepting from creditable service, for the purpose of 
any retirement system, an agency employee who transfers to an 
international organization, if such service forms the basis for an 
annuity or pension under the retirement system of the international 
organization, and, in cl. (2), inserted references to chapter 89 and 
Employees' Health Benefits Fund.
    Subsec. (b). Pub. L. 91-175, Sec. 502(d), struck out ``, except a 
Congressional employee,'' in provisions preceding cl. (1), substituted 
``5 years or any extension thereof,'' for ``3 years'' in cl. (1), and, 
in provisions following cl. (2), inserted provision dealing with pay 
differentials to be received by former agency employee on reemployment 
with agency after service with international organization.
    Subsec. (c). Pub. L. 91-175, Sec. 502(e), substituted ``5 years, or 
any extension thereof,'' for ``3 years''.
    Subsec. (d). Pub. L. 91-175, Sec. 502(f), made contributions for 
retirement and insurance purposes mandatory by the agency from which 
employee is transferred, during employee's period of service with 
international organization, so long as contributions are made by 
employee.


                    Effective Date of 1998 Amendment

    Pub. L. 105-277, div. G, subdiv. B, title XXV, Sec. 2504(b), Oct. 
21, 1998, 112 Stat. 2681-837, provided that: ``The amendment made by 
subsection (a) [amending this section] shall apply with respect to 
transfers that take effect on or after the date of enactment of this Act 
[Oct. 21, 1998].''

                         Delegation of Authority

    Authority of President under subsec. (b) of this section delegated 
to Office of Personnel Management, and authority to define and specify 
pay, allowances, etc., to be paid by the agency, delegated to Secretary 
of State, see section 3 of Ex. Ord. No. 11552, Aug. 24, 1970, 35 F.R. 
13569, set out as a note under section 3584 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 3581, 8432c of this title; 
title 22 section 6103; title 26 section 3121; title 42 section 410.
