§ 2025. — Effect of employment on retirement, insurance, and other civil service rights and privileges.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC2025]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 28--INTERNATIONAL ATOMIC ENERGY AGENCY PARTICIPATION
Sec. 2025. Effect of employment on retirement, insurance, and
other civil service rights and privileges
(a) Federal employees
Notwithstanding any other provision of law, Executive order or
regulation, a Federal employee who, with the approval of the Federal
agency or the head of the department by which he is employed, leaves his
position to enter the employ of the Agency shall not be considered for
the purposes of subchapter III of chapter 83 of title 5, and chapter 87
of title 5, as separated from his Federal position during such
employment with the Agency but not to extend beyond the first three
consecutive years of his entering the employ of the Agency: Provided,
(1) That he shall pay to the Director of the Office of Personnel
Management within ninety days from the date he is separated without
prejudice from the Agency all necessary deductions and agency
contributions for coverage under subchapter III of chapter 83 of title 5
for the period of his employment by the Agency, and (2) That all
deductions and agency contributions necessary for continued coverage
under chapter 87 of title 5, shall be made during the term of his
employment with the International Atomic Energy Agency. If such
employee, within three years from the date of his employment with the
Agency, and within ninety days from the date he is separated without
prejudice from the Agency, applies to be restored to his Federal
position, he shall within thirty days of such application be restored to
such position or to a position of like seniority, status and pay.
(b) Presidential appointees or elected officers
Notwithstanding any other provision of law, Executive order or
regulation, any Presidential appointee or elected officer who leaves his
position to enter, or who within ninety days after the termination of
his position enters, the employ of the Agency, shall be entitled to the
coverage and benefits of subchapter III of chapter 83 of title 5, and
chapter 87 of title 5, but not beyond the earlier of either the
termination of his employment with the Agency or the expiration of three
years from the date he entered employment with the Agency: Provided, (1)
That he shall pay to the Director of the Office of Personnel Management
within ninety days from the date he is separated without prejudice from
the Agency all necessary deductions and agency contributions for
coverage under subchapter III of chapter 83 of title 5 for the period of
his employment by the Agency, and (2) That all deductions and agency
contributions necessary for continued coverage under chapter 87 of title
5, shall be made during the term of his employment with the Agency.
(c) Regulations
The President is authorized to prescribe such regulations as may be
necessary to carry out the provisions of this section and to protect the
retirement, insurance and such other civil service rights and privileges
as the President may find appropriate.
(Pub. L. 85-177, Sec. 6, Aug. 28, 1957, 71 Stat. 454; 1978 Reorg. Plan
No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783.)
Repeals
Section 7 of Pub. L. 85-795, Aug. 28, 1958, 72 Stat. 962,
provided that: ``Section 6(a) of the International Atomic Energy
Agency Participation Act of 1957 [subsec. (a) of this section], is
repealed except that it shall be considered to remain in effect with
respect to any employee subject thereto who is serving as an
employee of the International Atomic Energy Agency on the date of
enactment of this Act [Aug. 28, 1958] and who does not make the
election referred to in section 6, and for the purposes of any
rights and benefits vested thereunder prior to such date.''
Section 7 of Pub. L. 85-795, Aug. 28, 1958, 72 Stat. 962, was
repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 660.
See section 8 of Pub. L. 89-554, set out as a note preceding section
101 of Title 5, Government Organization and Employees.
Codification
In subsecs. (a) and (b), ``subchapter III of chapter 83 of title 5''
substituted for ``the Civil Service Retirement Act, as amended'' and
``the Civil Service Retirement Act'' in each subsection and ``chapter 87
of title 5'' substituted for ``the Federal Employees' Group Life
Insurance Act of 1954, as amended'' on authority of Pub. L. 89-554,
Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which
enacted Title 5, Government Organization and Employees.
Transfer of Functions
``Director of the Office of Personnel Management'' substituted for
``Civil Service Commission'' in subsecs. (a) and (b), pursuant to Reorg.
Plan No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out
under section 1101 of Title 5, Government Organization and Employees,
which transferred all functions vested by statute in the United States
Civil Service Commission to the Director of the Office of Personnel
Management (except as otherwise specified), effective Jan. 1, 1979, as
provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R.
1055, set out under section 1101 of Title 5.
Executive Order No. 10774
Ex. Ord. No. 10774, July 25, 1958, 23 F.R. 5681, as amended by Ex.
Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, which provided for
protection of civil-service rights of Federal personnel who transfer to
the International Atomic Energy Agency, was revoked in part by section 2
of Ex. Ord. No. 10804, Feb. 12, 1959, 24 F.R. 1147, and subsequently
revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.
