SUBCHAPTER E-EMPLOYMENT AND COMPENSATION IN THE CANAL ZONE PART 253-REGULATIONS OF THE § 253.3 Coverage and exclusions. (a) Applicability. Subchapter III and the regulations in this part apply to all applicants for employment and employees, irrespective of citizenship, and to all positions, with the exception of those employees and positions excluded pursuant to § 253.8. CODIFICATION: In paragraph (a) the reference "Subchapter E" was changed to Subchapter III", 32 F.R. 4281, Mar. 18, 1967. As amended, paragraph (a) is set forth above in its entirety. (a) Pursuant to the provisions of § 253.3(b), the positions specified by paragraphs (b), (c), (d), (e) and (f) of this section, and incumbents thereof, are excluded, to the extent indicated, from the provisions of subchapter III and the regulations in this part and in Part 251 of this chapter. CODIFICATION: In paragraph (a) the reference "Subchapter E" was changed to "Subchapter III", 32 F.R. 4281, Mar. 18, 1967. As amended, paragraph (a) is set forth above in its entirety. (f) The scientific, technical and administrative positions of the Atomic Energy Commission established for the Atlantic-Pacific interoceanic canal project, and the incumbents thereof, are excluded (1) from the provisions of subchapter III, except sections 144, 146 and 148 of such subchapter; (2) from the regulations in this part, except Subpart D of this part; and (3) from Part 251 of this subchapter. CODIFICATION: In paragraph (f) the reference "Subchapter E" was changed to "Subchapter III", 32 F.R. 4281, Mar. 18, 1967. As amended, paragraph (a) is set forth above in its entirety. Subpart B-Filling Positions (2) To whose certification for the particular position he makes an objection that is sustained by the Board for any of the reasons stated in § 253.34 or for other reasons considered by the Board to be disqualifying for the particular position. The amount of a U.S. citizen candidate's previous service or residence in foreign areas or the Canal Zone is a valid qualification and selection factor in filling positions in a department having an established program for rotating employees between oversea areas and the United States. [Subparagraph (2) amended 32 F.R. 8361, June 10, 1967] lishment of a register, temporary limited appointments for periods not in excess of 1 year, and term appointments for periods of more than one, but not in excess of 4 years. A person so appointed shall not acquire merit status by reason of such appointment. In making a temporary appointment pending establishment of a register, a department which has an established program for rotating employees between oversea areas and the United States may place a maximum time limitation, not in excess of 5 years, on the period during which such temporary appointment may extend. [Paragraph (a) amended 32 F.R. 8361, June 10, 1967] PAY RATES AND ALLOWANCES § 253.134 Tax allowance. A tax allowance is authorized in an amount equivalent to the excess of the income tax which the typical U.S. citizen employee normally would expect to pay to the U.S. Government on his salary including the tropical differential over the amount of income tax the typical Panamanian citizen employee would normally pay to the Panamanian Government on the same salary without the tropical differential. The tax for U.S. citizens shall be computed on the basis of a family of four, using the standard 10 percent deduction and joint return computation. The Panamanian tax shall be computed on the basis of the "family" tax, disregarding the "bachelor" tax and by applying the deductions authorized for two minors. The amount of the tax allowance shall be recomputed as neces sary to conform with any changes in the tax laws of either the Republic of Panama or the United States. The payment of the revised tax allowance or of the revised base salary or wage rates directly attributable to the revised tax allowance shall be effective as of the effective date of the tax change. CODIFICATION: In the last sentence of § 253.134 the word “salary” was inserted after the words "revised base", 32 F.R. 4281, Mar. 18, 1967. As amended § 253.134 is set forth above in its entirety. § 253.135 Tropical differential. (d) An employee may be paid tropical differential under this section only to the extent that such payment, when combined with his aggregate compensation established under §§ 253.133 and 253.134, does not exceed the current rate of step 5, GS-17, of the General Schedule set out in 5 U.S.C. 5332(a). [Paragraph (d) amended, 32 F.R. 4281, Mar. 18, 1967] Subpart H-Adverse Personnel and Reduction in Force Actions § 253.241 Applicability of existing law and Civil Service regulations. (a) The provisions of 5 U.S.C. 5591 and 7501 are applicable to the removal or suspension of those employees to whom such provisions were applicable immediately prior to January 19, 1959. (b) The provisions of 5 CFR Parts 752 and 772, and 5 U.S.C. 5592, are applicable to preference eligibles to the extent and in the manner specified therein. (c) The provisions of 5 CFR Part 351, as they apply in the competitive civil service, and the provisions of 5 U.S.C. 5593, are applicable to all reduction in force actions. However, 5 CFR 351.603 shall not be construed as requiring the assignment of a non-U.S. citizen to a security position. (d) The provisions of 5 U.SC. 5591 shall be applicable to any person whose removal or suspension under a department's system established by § 253.262 is determined to have been unjustified or unwarranted after review in accordance with procedures of the employing department. [32 F.R. 4281, Mar. 18, 1967] 255.735-32 Outside employment and other activity. [Amended] 255.735-39 Publication of articles; public statements. [Amended] 255.735-40 Miscellaneous statutory provisions. [Amended] Subpart C-Ethical and Other Conduct and Responsibilities of Special Government Employees 255.735-56 Miscellaneous statutory provisions. [Amended] Subpart D-Statements of Employment and 255.735-72 Employees required to submit statements. [Revised] 255.735-72a Employee's complaint on filing requirement. [Added] 255.735-74 Supplementary statements. [Revised] 255.735-78 Confidentiality of employees' statements. [Revised] 255.735-80 Statements required from special Government employees. [Amended] (h) "The Commission's regulations" means the regulations issued by the U.S. Civil Service Commission, "Employee Responsibilities and Conduct" (5 CFR Part 735). [Paragraph (h) amended, 32 F.R. 15832, Nov. 17, 1967] Subpart B-Ethical and Other Conduct and Responsibilities of Employees § 255.735-30 Proscribed actions. An employee shall avoid any action, whether or not specifically prohibited by the regulations in this part, which might result in, or create the appearance of: (a) Using public office for private gain; (b) Giving preferential treatment to any person; (c) Impeding Government efficiency or economy; (e) Making a Government decision outside official channels; or (f) Affecting adversely the confidence of the public in the integrity of the Government. [32 F.R. 15832, Nov. 17, 1967] § 255.735-31 favors. Gifts, entertainment, and (a) Except as provided in paragraphs (b) and (f) of this section, an employee shall not solicit or accept, directly, or indirectly, any gift, gratuity, favor, entertainment, loan, or any other thing of monetary value, from a person who: (d) An employee shall not solicit a contribution from another employee for a gift to an official superior, make a donation as a gift to an official superior, or accept a gift from an employee receiving less pay than himself (5 U.S.C. 7351). However, this paragraph does not prohibit a voluntary gift of nominal value or donation in a nominal amount made on a special occasion such as marriage, illness, or retirement. (e) An employee shall not accept a gift, present, decoration, or other thing from a foreign government unless authorized by Congress as provided by the Constitution and in 5 U.S.C. 7342. (f) Neither this section nor § 255.73532 precludes an employee from receipt of bona fide reimbursement, unless prohibited by law, for expenses of travel and such other necessary subsistence as is compatible with the regulations in this part for which no Government payment or reimbursement is made. However, this paragraph does not allow an employee to be reimbursed, or payment to be made on his behalf, for excessive personal living expenses, gifts, entertainment, or other personal benefits, nor does it allow an employee to be reimbursed by a person for travel on official business under Panama Canal agency orders when reimbursement is proscribed by Decision B-128527 of the Comptroller General dated March 7, 1967. CODIFICATION: § 255.735-31 was amended, 32 F.R. 15832, Nov. 17, 1967 as follows: 1. Paragraph (a), introductory amended. 2. Paragraph (c) deleted. 3. Paragraphs (d) and (e) amended. 4. Paragraph (f) added. text CODIFICATION: In § 255.735-56, paragraphs (d), (g), (h), (j), and (p) are amended and (p-1) is added at 32 F.R. 15832, Nov. 11, 1967. Subpart D-Statements of Employment and Financial Interests § 255.735-72 Employees required to submit statements. (a) In accordance with § 735.403(b) of the Commission's regulations (5 CFR 735.403(b)), employees in the following positions shall submit statements of employment and financial interests: Lieutenant Governor. Secretary, Panama Canal Company. Deputy Comptroller. Deputy Executive Secretary. General Counsel. Assistant General Counsels. Chief, Executive Planning Staff. Assistant Chief, Executive Planning Staff. Marine Director. Chief, Navigation Division. Chief, Industrial Division. Transportation and Terminals Director. Assistant Transportation and Terminals Director. Superintendent, Terminals Division. Assistant Engineering and Construction Director. Chief, Construction Division. Assistant Designing Engineer. Chief, Specifications and Estimating Branch. Supply and Community Service Director. Deputy Supply and Community Service Director. |