§3657 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

The Commission can pay bonuses to recruit, move, or keep employees under set rules. If an employee fits more than one hiring or retention category, they may get only one such differential. The Commission may give a recruitment bonus to a new hire or a relocation bonus to someone who must move if the job would be hard to fill without it. The worker must sign an agreement to stay for a required time. If the worker quits voluntarily or is removed for an adverse action before that time ends, they must repay the full bonus. Recruitment and relocation bonuses can be paid in a lump sum and are not part of basic pay. The Commission may pay a retention bonus when an employee has rare or essential skills or the agency has a special need, and keeping that person until a date no later than the Canal Transfer Date is essential and they would likely leave otherwise. Retention bonuses are fixed amounts paid pro rata during the required period, paid at the same times and in the same way as basic pay, and are not part of basic pay. The Commission’s choice to pay or not pay a retention bonus cannot be reviewed except under the laws listed in 5 U.S.C. 2302(d). Any extra pay under these rules cannot exceed 25 percent of the person’s basic pay rate.

Title 22, §3657

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)

(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)(1)The Commission may pay a recruitment bonus to an individual who is newly appointed to a position with the Commission, or a relocation bonus to an employee of the Commission who must relocate to accept a position, if the Commission determines that the Commission would be likely, in the absence of such a bonus, to have difficulty in filling the position.

(2)A recruitment or relocation bonus may be paid to an employee under this subsection only if the employee enters into an agreement with the Commission to complete a period of employment established in the agreement. If the employee voluntarily fails to complete such period of employment or is separated from service in such employment as a result of an adverse action before the completion of such period, the employee shall repay the entire amount of the bonus.

(3)A recruitment or relocation bonus under this subsection may be paid as a lump sum. A bonus under this subsection may not be considered to be part of the basic pay of an employee.

(d)(1)The Commission may pay a retention bonus to an employee of the Commission if the Commission determines that—

(A)the employee has unusually high or unique qualifications and those qualifications make it essential for the Commission to retain the employee for a period specified by the Commission ending not later than the Canal Transfer Date, or the Commission otherwise has a special need for the services of the employee making it essential for the Commission to retain the employee for a period specified by the Commission ending not later than the Canal Transfer Date; and

(B)the employee would be likely to leave employment with the Commission before the end of that period if the retention bonus is not paid.

(2)A retention bonus under this subsection—

(A)shall be in a fixed amount;

(B)shall be paid on a pro rata basis (over the period specified by the Commission as essential for the retention of the employee), with such payments to be made at the same time and in the same manner as basic pay; and

(C)may not be considered to be part of the basic pay of an employee.

(3)A decision by the Commission to exercise or to not exercise the authority to pay a bonus under this subsection shall not be subject to review under any statutory procedure or any agency or negotiated grievance procedure except under any of the laws referred to in section 2302(d) of title 5.

(e)Additional compensation provided under this section may not exceed 25 percent of the rate of basic pay of the individual to whom the compensation is paid.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2017—Subsec. (d)(3). Pub. L. 115–91 substituted “section 2302(d)” for “section 2302(c)”. Pub. L. 115–73 substituted “section 2302(c)” for “section 2302(d)”. 1998—Subsec. (a). Pub. L. 105–261 struck out subsec. (a) which read as follows: “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.” 1997—Subsecs. (c), (d). Pub. L. 105–85, § 3525(a)(3), added subsecs. (c) and (d). Former subsec. (c) redesignated (e). Subsec. (e). Pub. L. 105–85, § 3525(a)(1), (2), redesignated subsec. (c) as (e) and substituted “of the individual to whom the compensation is paid” for “for the same or similar work performed in the United States by individuals employed by the Government of the United States”. 1996—Subsec. (d). Pub. L. 104–201 struck out subsec. (d) which read as follows: “Subchapter III of chapter 59 of title 5, 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.”

Statutory Notes and Related Subsidiaries

Effective Date

of 1998 Amendment Pub. L. 105–261, div. C, title XXXV, § 3507(a), Oct. 17, 1998, 112 Stat. 2269, provided that the amendment made by section 3507(a) striking out subsec. (a) of this section is effective 11:59 p.m. (Eastern Standard Time), Dec. 30, 1999, and any right or condition of employment provided for in, or arising from, subsec. (a) of this section is terminated.

Savings Provision

for Basic Pay Pub. L. 105–261, div. C, title XXXV, § 3507(b), Oct. 17, 1998, 112 Stat. 2269, provided that: “Notwithstanding subsection (a) [amending this section and section 3664, 3671, and 3731 of this title and repealing section 3646 and 3647 of this title], benefits based on basic pay, as listed in paragraphs (1), (2), (3), (5), and (6) of section 1218 of the Panama Canal Act of 1979 [22 U.S.C. 3658(1), (2), (3), (5), (6)], shall be paid as if section 1217(a) and 1231(a)(2)(A) and (B) of that Act [22 U.S.C. 3657(a), 3671(a)(2)(A), (B)] had been repealed effective 12:00 noon,

December 31, 1999. The exception under the preceding sentence shall not apply to any pay for hours of work performed on

December 31, 1999.”

Executive Documents

Coordination of Pay and Employment PracticesFor provisions requiring consultations with the Secretary of Defense for agencies under this subpart with respect to the establishment of rates of pay and other matters deemed appropriate by the Secretary in order to develop compatible or unified systems of basic pay and employment practices, see section 1–201 of Ex. Ord. No. 12215, May 27, 1980, 45 F.R. 36043, set out as a note under section 3601 of this title.

§3657 Recruitment and Retention Remuneration