22 U.S.C. § 3682: Administration of certain…

Summary

The Commission can keep paying cash relief under the July 8, 1937 Act to former Panama Canal Government or Panama Canal Company employees who were let go before October 5, 1958 because they were unfit to work due to age or disease. The basic payment is $1.50 per month for each year of service, up to $45 per month, and only applies to people who had at least 10 years’ service when they were terminated. On top of that, each person gets an extra $20 per month no matter what. Payments made after October 1, 1979 get cost-of-living increases on the same date and by the same percent as civil service annuities under section 8340(b) of title 5, rounded to the nearest dollar, but only for increases after October 1, 1979. The Commission may also pay cash relief to a qualifying widow of a person who received these payments. “Widow” here means (1) a woman legally married to the employee at his termination and at his death, (2) a woman who lived with him as if married for at least five years before his termination and until his death, or (3) a woman who has not remarried or entered a new common-law relationship. A widow’s payment cannot be more than 50% of the rate the former employee would have received, including the extra $20. Federal retirement rules in subchapter III of chapter 83, title 5 apply to people who were working on October 5, 1958 and would have been covered by the 1937 Act except for a provision of the July 25, 1958 law.

Title 22, §3682

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)Continuation of cash relief payments to employees under Act of July 8, 1937

(1)The Commission, or any other United States Government agency or private entity acting pursuant to an agreement with the Commission, under the Act entitled “An Act authorizing cash relief for certain employees of the Panama Canal not coming within the provisions of the Canal Zone Retirement Act”, approved July 8, 1937 (50 Stat. 478; 68 Stat. 17), may continue the payments of cash relief to those individual former employees of the Canal Zone Government or Panama Canal Company or their predecessor agencies not coming within the scope of the former Canal Zone Retirement Act whose services were terminated prior to October 5, 1958, because of unfitness for further useful service by reason of mental or physical disability resulting from age or disease.

(2)Subject to subsection (b), cash relief under this subsection may not exceed $1.50 per month for each year of service of the employees so furnished relief, with a maximum of $45 per month, plus the amount of any cost-of-living increases in such cash relief granted before October 1, 1979, pursuant to section 181 of title 2 of the Canal Zone Code (as in effect on September 30, 1979), nor be paid to any employee who, at the time of termination for disability prior to October 5, 1958, had less than 10 years’ service with the Canal Zone Government, the Panama Canal Company, or their predecessor agencies on the Isthmus of Panama.

(b)Additional amounts for relief under subsection (a)

An additional amount of $20 per month shall be paid to each person who receives payment of cash relief under subsection (a) of this section and shall be allowed without regard to the limitations contained therein.

(c)Increases in cash relief payments

Each cash relief payment made pursuant to this section shall be increased on the same effective date and by the same percent, adjusted to the nearest dollar, as civil service retirement annuities are increased under the cost-of-living adjustment provisions of section 8340(b) of title 5. Such increase shall apply only to cash relief payments made after October 1, 1979, as increased by annuity increases made after that date under such section 8340(b) of title 5.

(d)Cash relief payments to widows

The Commission may pay cash relief to the widow of any former employee of the Canal Zone Government or the Panama Canal Company who, until the time of his death, receives or has received cash relief under subsection (a) of this section, under section 181 of title 2 of the Canal Zone Code (as in effect on September 30, 1979), or under the Act of July 8, 1937, referred to in such subsection (a). The term “widow” as used in this subsection includes only the following:

(1)a woman legally married to such employee at the time of his termination for disability and at his death;

(2)a woman who, although not legally married to such former employee at the time of his termination, had resided continuously with him for at least five years immediately preceding the employee’s termination under such circumstances as would at common law make the relationship a valid marriage and who continued to reside with him until his death; and

(3)a woman who has not remarried or assumed a common-law relationship with any other person.

Cash relief granted to such a widow shall not at any time exceed 50 percent of the rate at which cash relief, inclusive of any additional payment under subsection (b) of this section, would be payable to the former employee were he then alive.

(e)Applicability of subchapter III of chapter 83 of title 5

Subchapter III of chapter 83 of title 5 applies with respect to those individuals who were in the service of the Canal Zone Government or the Panama Canal Company on October 5, 1958, and who, except for the operation of section 13(a)(1) of the Act entitled “An Act to implement item 1 of a Memorandum of Understanding attached to the treaty of January 25, 1955, entered into by the Government of the United States of America and the Government of the Republic of Panama with respect to wage and employment practices of the Government of the United States of America in the Canal Zone”, approved July 25, 1958 (72 Stat. 405), would have been within the classes of individuals subject to the Act of July 8, 1937, referred to in subsection (a) of this section.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The reference to the Act of

July 8, 1937, in subsecs. (a)(1), (d), and (e), is act

July 8, 1937, ch. 443, 50 Stat. 478, which was classified to section 1372 of Title 48, Territories and Insular Possessions, prior to repeal by Pub. L. 87–845, § 26(b), Oct. 18, 1962, 76A Stat. 701. The Canal Zone Code, referred to in subsec. (a)(2), was enacted by Pub. L. 87–845, § 1, Oct. 18, 1962, 76A Stat. 1, redesignated the Panama Canal Code by Pub. L. 96–70, title III, § 3303(b), Sept. 27, 1979, 93 Stat. 499, and repealed by Pub. L. 104–201, div. C, title XXXV, § 3549, Sept. 23, 1996, 110 Stat. 2870. section 13(a)(1) of Act

July 25, 1958, referred to in subsec. (e), probably means section 13(a) of Pub. L. 85–550,

July 25, 1958, 72 Stat. 405, which is set out as a note under section 8331 of Title 5, Government Organization and Employees.

Amendments

1996—Pub. L. 104–201, §§ 3538, 3548(c)(2), amended section catchline to read “Administration of certain disability benefits”. Subsec. (a). Pub. L. 104–201, § 3538, added subsec. (a) and struck out former subsec. (a) which read as follows: “The Commission, under the

Regulations

prescribed by the President pursuant to the Act entitled ‘An Act authorizing cash relief for certain employees of the Panama Canal not coming within the provisions of the Canal Zone Retirement Act’, approved

July 8, 1937, as amended (50 Stat. 478; 68 Stat. 17), may continue the payments of cash relief to those individual former employees of the Canal Zone Government or Panama Canal Company or their predecessor agencies not coming within the scope of the former Canal Zone Retirement Act whose services were terminated prior to

October 5, 1958, because of unfitness for further useful service by reason of mental or physical disability resulting from age or disease. Subject to subsection (b) of this section, that cash relief may not exceed $1.50 per month for each year of service of the employees so furnished relief, with a maximum of $45 per month, plus the amount of any cost-of-living increases in such cash relief granted before

October 1, 1979, pursuant to section 181 of title 2 of the Canal Zone Code (as in effect on

September 30, 1979), nor be paid to any employee who, at the time of termination for disability prior to

October 5, 1958, had less than 10 years’ service with the Canal Zone Government, the Panama Canal Company, or their predecessor agencies on the Isthmus of Panama.”

§3682 Administration of Certain Disability Benefits