UNIFORM APPLICATION OF STANDARDS AND RATES SEC. 1216.39 The standards established pursuant to section 1213 of this Act and the rates of basic pay established pursuant to section 1215 of the Act shall be applied without regard to whether the employee or individual concerned is a citizen of the United States or a citizen of the Republic of Panama. RECRUITMENT AND RETENTION REMUNERATION SEC. 1217.40 (a) In addition to basic pay, additional compensation may be paid, in such amounts as the head of the agency concerned determines, as an overseas recruitment or retention differential to any individual who— (1) before October 1, 1979, was employed by the Panama Canal Company, by the Canal Zone Government, or by any other agency in the area then known as the Canal Zone; (2) is an employee who was recruited on or after October 1, 1979, outside of the Republic of Panama for placement in the Republic of Panama; or (3) is a medical doctor employed by the Department of Defense in the Republic of Panama or by the Commission; if, in the judgment of the head of the agency concerned, the recruitment or retention of the individual is essential. (b) Any employee described in more than one paragraph of subsection (a) of this section may qualify for a recruitment or retention differential under only one of those paragraphs. (c) Additional compensation provided under this section may not exceed 25 percent of the rate of basic pay for the same or similar work performed in the United States by individuals employed by the Government of the United States. (d) Subchapter III of chapter 59 of title 5, United States Code, relating to overseas differentials and allowances, shall not apply with respect to any employee whose permanent duty station is in the Republic of Panama and who is employed by an agency. QUARTERS ALLOWANCE SEC. 1217a.41 (a) Notwithstanding paragraphs (2) and (3) of section 1211 of this Act, as used in this section (1) "position" means a civilian position; and (2) "employee" means an individual serving in a position in the Department of Defense whose permanent duty station is in 39 22 U.S.C. 3656. 40 22 U.S.C. 3657. 41 22 U.S.C. 3657a. Executive Order 12520 (June 19, 1985; 50 F.R. 25683) provided the following. "QUARTERS ALLOWANCES TO DEPARTMENT OF DEFENSE EMPLOYEES IN PANAMA "By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 1217a of the Panama Canal Act of 1979 (22 U.S.C. 3657a), it is hereby ordered as follows: "Section 1. The Secretary of Defense is authorized to prescribe the regulations referred to in section 1217a of the Panama Canal Act of 1979, relating to quarters allowances. "Sec. 2. The regulations prescribed under Section 1 shall be consistent with Article VII(4) of the Agreement in Implementation if Article IV of the Panama Canal Treaty and with all other relevant provisions of the Panama Canal Treaty and related agreements.". the area which, before October 1, 1979, was known as the Canal Zone. (b) Under regulations prescribed by or under authority of the President, the Department of Defense may grant a quarters allowance in the case of (1) any employee who is a citizen of the United States and who, before October 1, 1979, was employed by the Panama Canal Company, the Canal Zone Government, or any other agency, in the area then known as the Canal Zone: and (2) any other employee who is a citizen of the United States and who (before, on, or after the effective date of this section) is or was recruited within the United States; for whom adequate Government owned or leased quarters are not made available. (c) The amount of any quarters allowance granted to an employee under this section shall be determined in accordance with the regulations prescribed under subsection (b) of this section, except that such allowance for any period may not exceed the amount, if any, by which (1) the lesser of (A) the actual expenses for rent and utilities incurred by the employee during such period while occupying quarters other than Government owned or leased quarters; or (B) the maximum amount which would be authorized for such employee with respect to such period under the Department of State Standardized Regulations (Government Civilians, Foreign Areas) if such employee were covered by those regulations; exceeds (2) the estimated total cost of rent and utilities which the employee would have been charged if Government owned or leased quarters had been provided on a rental basis during such period. (d) The provisions of this section shall apply without regard to whether any election by the Department of Defense under section 1212(b) of this Act is then in effect. BENEFITS BASED ON BASIC PAY SEC. 1218.42 For the purposes of determining (1) amounts of compensation for disability or death under chapter 81 of title 5, United States Code, relating to compensation for work injuries; (2) benefits under subchapter III of chapter 83 of title 5, United States Code, relating to civil service retirement; (3) amounts of insurance under chapter 87 of title 5, United States Code, relating to life insurance; (4) amounts of overtime pay or other premium pay; (5) annual leave benefits; and (6) any other benefits related to basic pay; the basic pay of each employee shall include the rate of basic pay established for his position under section 1215 of this Act plus the 42 22 U.S.C. 3658. amount of any additional compensation provided under section 1217 of this Act. SALARY PROTECTION UPON CONVERSION OF PAY RATE SEC. 1219.43 (a) In the case of any employee whose rate of basic pay is determined in relation to rates of basic pay for the same of similar work in the United States and which is converted to a rate of basic pay pursuant to section 1215(b) of this Act which is determined in relation to rates in areas other than the United States pursuant to such section 1215(b), the employee shall continue to receive a rate of basic pay not less than that to which the employee was entitled immediately before the conversion. (b) This section shall cease to apply with respect to any employee if the employee is placed in a position (1) for which the rate of basic pay is determined in relation to rates of basic pay in the United States pursuant to section 1215(b) of this Act; or (2) which is of a lower grade. REVIEW AND ADJUSTMENT OF CLASSIFICATIONS, GRADES, AND PAY LEVEL SEC. 1220.44 An employee may request at any time that the employee's agency (1) review the classification of the employee's position or the grade or pay level for the employee's position, or both; and (2) revise or adjust that classification, grade or pay level, or both, as the case may be. The request for review and revision or adjustment shall be submitted and adjudicated in accordance with the regularly established appeals procedures of the agency. PANAMA CANAL BOARD OF APPEALS; DUTIES SEC. 1221.45 (a) Subject to the provisions of this chapter, the President shall prescribe regulations establishing a Panama Canal Board of Appeals. The regulations shall provide for the number of members of the Board and their appointment, compensation, and terms of office, the selection of a Chairman of the Board, the appointment and compensation of the Board's employees, and other appropriate matters relating to the Board. (b) The Board shall review and determine the appeals of employees in accordance with section 1222 of this Act. The decisions of the Board shall conform to the provisions of this subchapter. APPEALS TO BOARD; PROCEDURES; FINALITY OF DECISIONS SEC. 1222.46 (a) An employee may appeal to the Panama Canal Board of Appeals from an adverse determination made by an agency under section 1220 of this Act. The appeal shall be made in writ ing within a reasonable time (as specified in regulations prescribed 4322 U.S.C. 3659. 44 22 U.S.C. 3660. 422 U.B.C. 3661. 22 U.S.C. 3562. by, or under the authority of, the President) after the date of the transmittal by the agency to the employee of written notice of the adverse determination. (b) The Board may authorize, in connection with an appeal pursuant to subsection (a) of this section, a personal appearance before the Board by the employee, or by a representative of the employee designated for that purpose. (c) After investigation and consideration of the evidence submitted, the Board shall (1) prepare a written decision on the appeal; (2) transmit its decision to the agency concerned; and (3) transmit copies of the decision to the employee concerned or to the designated representative. (d) The decision of the Board on any question or other matter relating to an appeal is final and conclusive. The agency concerned shall take action in accordance with the decision of the Board. ADMINISTRATION BY THE PRESIDENT SEC. 1223.47 (a) The President shall prescribe regulations necessary and appropriate to carry out the provisions of this subchapter and coordinate the policies and activities of agencies under this subchapter. (b) The President may establish an office within the Commission as the successor to the Canal Zone Central Examining Office. The purpose of the office shall be to assist the President in (1) carrying out the President's coordination responsibility under section (a) of this section; and (2) implementing the provisions of the Panama Canal Treaty of 1977 and related agreements with respect to recruitment, examination, determination of qualification standards and similar matters. (c) The President may delegate any authority vested in the President by this subchapter and may provide for the redelegation of that authority. APPLICABILITY OF CERTAIN LAWS SEC. 1224.48 This chapter does not affect the applicability of— (1) the provisions of title 5, United States Code, which relate to preference eligibles; (2) the provisions of title 5, United States Code, which relate to removal or suspension from the competitive service; and (3) the provisions of section 554(a) of title 5, United States Code, which relate to wage-board overtime and Sunday rates, with respect to classes of employees who were covered by those provisions on the date of the enactment of this Act. MINIMUM LEVEL OF PAY; MINIMUM ANNUAL INCREASES SEC. 1225.49 (a) Subsection (f) of section 13 of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(f)), relating to applicability 47 22 U.S.C. 3663. 48 22 U.S.C. 3664. 49 22 U.S.C. 3665. to employees in foreign countries and certain United States possessions, is amended by striking out "Johnston Island, and the Canal Zone." and inserting in lieu thereof "and Johnston Island.". (b)(1) Effective October 1, 1979, each individual employed by an Executive agency or the Smithsonian Institution, whose permanent duty station is located within an area or installation in the Republic of Panama made available to the United States pursuant to the Panama Canal Treaty of 1977 and related agreements, shall be paid basic pay at a rate of not less than $2.90 an hour. (2) Effective on October 1 of each succeeding calendar year, the rate of basic pay for each individual referred to in paragraph (1) of this subsection whose basic pay is not fixed in relation to rates of basic pay for the same or similar work performed in the United States shall be increased by an amount equal to not less than 2 percent of the rate of basic pay for that individual in effect immediately before that date. Subchapter III-Conditions of Employment and Placement TRANSFERRED OR REEMPLOYED EMPLOYEES SEC. 1231.50 (a)(1) With respect to any individual employed in the Panama Canal Company or the Canal Zone Government(A) who is transferred (i) to a position in the Commission; or (ii) to a position in an Executive agency or in the Smithsonian Institution the permanent duty station of which is in the Republic of Panama (including the area known before October 1, 1979, as the Canal Zone); or (B) who is separated by reason of a reduction in force on September 30, 1979, and is appointed to a position in the Commission before April 1, 1980; the terms and conditions of employment set forth in paragraph (2) of this subsection shall be generally no less favorable, on or after the date of the transfer referred to in subparagraph (A) of this paragraph or the date of the appointment referred to in subparagraph (B) of this paragraph as the case may be, than the terms and conditions of employment with the Panama Canal Company and Canal Zone Government on September 30, 1979, or, in the case of a transfer described in subparagraph (Á)(ii) of this paragraph which takes place before that date, on the date of the transfer. (2) The terms and conditions of employment referred to in paragraph (10 of this subsection are the following: (A) rates of basic pay; (B) tropical differential; (C) premium pay and night differential; (G) transportation and repatriation benefits; 50 22 U.S.C. 3671. |