22 U.S.C. § 3715c | Final evaluation of Fund; deficiency or surplus in Fund

(a)

Final evaluation of Fund

March 31, 1998section 3715a(a) of this title section 3715a(b) of this titleBy , the Secretary of Labor shall, on the basis of an actuarial study conducted by experts or consultants whose services are procured by the Secretary of Labor by contract, make a final determination of the amounts estimated to be necessary to meet expenditures for workers’ compensation benefits and other payments described in , as calculated in accordance with the second sentence of . Amounts in the Fund shall be used to pay for the final determination under this subsection.

(b)

Deficiency or surplus in Fund

section 3715a(a) of this titleDecember 31, 1999If amounts in the Fund are not sufficient to meet expenditures as determined by the Secretary of Labor under subsection (a) for workers’ compensation benefits and other payments described in , then amounts in the Panama Canal Revolving Fund not otherwise obligated shall be transferred to the Fund to make up the deficiency. Any amounts remaining in the Fund in excess of the final determination amount as described in subsection (a) shall be transferred to the Panama Canal Revolving Fund, and may be used to satisfy lawful obligations of the Revolving Fund arising on or before .

(c)

Continuity of Fund

(1)

section 3715b of this title Amounts in the Fund (including amounts transferred as a result of the final determination made under subsection (a)) shall be maintained by the Secretary of the Treasury, shall be made available for transfer to the Employees’ Compensation Fund in such amounts as are requested by the Secretary of Labor pursuant to , and may be discontinued only in accordance with paragraph (2).

(2)

section 3715a(a) of this title At such time as the Secretary of Labor certifies that no further liability exists for workers compensation benefits or other payments described in , the Secretary of the Treasury may discontinue the Fund in the manner provided by law.

Pub. L. 100–705, § 5Nov. 19, 1988102 Stat. 4686 Pub. L. 101–510, div. C, title XXXV, § 3507Nov. 5, 1990104 Stat. 1847 Pub. L. 105–85, div. C, title XXXV, § 3545Nov. 18, 1997111 Stat. 2072(, , ; , , ; , , .)

Editorial Notes

Codification

Section was enacted as part of the Panama Canal Commission Compensation Fund Act of 1988, and not as part of the Panama Canal Act of 1979 which comprises this chapter.

Amendments

Pub. L. 105–85March 31, 19981997—Subsec. (a). substituted “By ” for “Upon the termination of the Panama Canal Commission”.

Pub. L. 101–510, § 3507(1)1990—, struck out “Upon the termination of the Panama Canal Commission:” before subsec. (a).

Pub. L. 101–510, § 3507(2)section 3715a(a) of this titleSubsec. (a). , substituted “Upon the termination of the Panama Canal Commission, the Secretary of Labor” for “The Secretary of Labor” and struck out at end “The Secretary of the Treasury shall, in accordance with such final determination, transfer from the Fund to the Employee Compensation Fund amounts sufficient to meet expenditures for workers compensation benefits and other payments described in .”

Pub. L. 101–510, § 3507(3)Subsec. (b). , inserted “under subsection (a)” after “Secretary of Labor” and struck out “Employees Compensation” before “Fund to make up”.

Pub. L. 101–510, § 3507(4)Subsec. (c). , added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date

Oct. 1, 1988section 10 of Pub. L. 100–705 section 3612 of this titleSection effective , see , set out as an Effective Date of 1988 Amendment note under .