Appendix A to Part 99 - Categories of Financial Interests Exempted From the Prohibitions of Section 208(a) of Title 18, United States Code
49:1.0.1.1.41.5.43.1.36 : Appendix A
Appendix A to Part 99 - Categories of Financial Interests Exempted
From the Prohibitions of Section 208(a) of Title 18, United States
Code
I. (a) Pursuant to the authority of section 208(b) of title 18,
United States Code, the following are exempted from the
prohibitions of section 208(a) of title 18, United States Code,
because they are too remote or too inconsequential to affect the
integrity of an employee's services in any matter in which he may
act in his governmental capacity.
(1) Any holding in a widely held mutual fund, or regulated
investment company, which does not specialize in an industry in
which the possibility of conflict arise.
(2) Continued participation in a bona fide pension, retirement,
group life, health, or accident insurance plan or other employee
welfare or benefit plan that is maintained by a business or
nonprofit organization by which the employee was formerly employed,
to the extent that the employee's rights in the plans are vested
and require no additional services by him or further payments to
the plans by the organization with respect to the services of the
employee. In addition, to the extent that the welfare or benefit
plan is a profit sharing or stock bonus plan, this exemption does
not apply and the procedures prescribed in § 99.735-15c (c) through
(e) will apply to the interest of that employee in the plan.
(3) Participation in an air carrier frequent flyers or
substantially similar program that is available to the general
public on the same terms and conditions and involves no direct
financial interest in the carrier, such as stockholdings or similar
types of investment interests.
[Amdt.99-10, 42 FR 3119, Jan. 14, 1977, as amended by Amdt. 99-14,
53 FR 16414, May 9, 1988]
Appendixes B-D to Part 99 [Reserved]
49:1.0.1.1.41.5.43.1.37 :
Appendixes B-D to Part 99 [Reserved]
Appendix E to Part 99 - Statutes Regulating Post-Employment Responsibilities of Government and Special Government Employees
49:1.0.1.1.41.5.43.1.38 : Appendix E
Appendix E to Part 99 - Statutes Regulating Post-Employment
Responsibilities of Government and Special Government Employees
Note:
This appendix applies only to employees who terminated
government service before January 1, 1991.
§ 207 Disqualification of former officers and employees in
matters connected with former duties or offical responsibilities;
disqualification of partners.
(a) Whoever, having been an officer or employee of the executive
branch of the United States Government, of any independent agency
of the United States, or of the District of Columbia, including a
special Government employee, after his employment has ceased,
knowingly acts as agent or attorney for anyone other than the
United States in connection with any judicial or other proceeding,
application, request for a ruling or other determination, contract,
claim, controversy, charge, accusation, arrest, or other particular
matter involving a specific party or parties in which the United
States is a party or has a direct and substantial interest and in
which he participated personally and substantially as an officer or
employee, through decision, approval, disapproval, recommendation,
the rendering of advice, investigation, or otherwise, while so
employed, or
(b) Whoever, having been so employed, within one year after his
employment has ceased, appears personally before any court or
department or agency of the Government as agent, or attorney for,
anyone other than the United States in connection with any
proceeding, application, request for a ruling or other
determination, contract, claim, controversy, charge, accusation,
arrest, or other particular matter involving a specific party or
parties in which the United States is a party or directly and
substantially interested, and which was under his official
responsibility as an officer or employee of the Government at any
time within a period of one year prior to the termination of such
responsibility:
Shall be fined not more than $10,000 or imprisoned for not more
than two years, or both: Provided, That nothing in
subsection (a) or (b) prevents a former officer or employee,
including a former special Government employee, with outstanding
scientific or technological qualifications from acting as attorney
or agent or appearing personally in connection with a particular
matter in a scientific or technological field if the head of the
department or agency concerned with the matter shall make a
certification in writing, published in the Federal Register, that
the national interest would be served by such action or appearance
by the former officer or employee.
(c) Whoever, being a partner of an officer or employee of the
executive branch of the United States Government, of any
independent agency of the United States, or of the District of
Columbia, including a special Government employee, acts as agent or
attorney for anyone other than the United States, in connection
with any judicial or other proceeding, application, request for a
ruling or other determination, contract, claim, controversy,
charge, accusation, arrest, or other particular matter in which the
United States is a party or has a direct and substantial interest
and in which such officer or employee of the Government or special
Government employee participates or has participated personally and
substantially as a Government employee through decision, approval,
disapproval, recommendation, the rendering of advice, investigation
or otherwise, or which is the subject of his official
responsibility:
Shall be fined not more than $5,000, or imprisoned not more than
one year, or both.
A partner of a present or former officer or employee of the
executive branch of the United States Government, of any
independent agency of the United States, or of the District of
Columbia or of a present or former special Government employee
shall as such be subject to the provisions of sections 203, 205,
and 207 of this title only as expressly provided in subsection (c)
of this section. (Added Pub. L. 87-349, section 1(a), Oct. 23,
1962, 76 Stat. 1123.)
§ 203 Acts affecting a personal financial interest.
(a) Except as permitted by subsection (b) hereof, whoever, being
an officer or employee of the executive branch of the United States
Government, of any independent agency of the United States, or of
the District of Columbia, including a special Government employee,
participates personally and substantially as a Government officer
or employee, through decision, approval, disapproval,
recommendation, the rendering of advice, investigation, or
otherwise, in a judicial or other proceeding, application, request
for a ruling or other determination, contract, claim, controversy,
charge, accusation, arrest, or other particular matter in which, to
his knowledge, he, his spouse, minor child, partner, organization
in which he is serving as officer, director, trustee, partner or
employee, or any person or organization with whom he is negotiating
or has any arrangement concerning prospective employment, has a
financial interest:
Shall be fined not more than $10,000, or imprisoned not more
than two years, or both.
(b) Subsection (a) hereof shall not apply (1) if the officer or
employee first advises the Government official responsible for
appointment to his position of the nature and circumstances of the
judicial or other proceeding, application, request for a ruling or
other determination, contract, claim, controversy, charge,
accusation, arrest, or other particular matter and makes full
disclosure of the financial interest and receives in advance a
written determination made by such official that the interest is
not so substantial as to be deemed likely to affect the integrity
of the services which the Government may expect from such officer
or employee, or (2) if, by general rule or regulation published in
the Federal Register, the financial interest has been exempted from
the requirements of clause (1) hereof as being too remote or too
inconsequential to affect the integrity of Government officers' or
employees' services. (Added Pub. L. 87-849, section 1(a), Oct. 23,
1962, 76 Stat. 1124.)
New 18 U.S.C. 208. This section forbids certain actions
by an officer or employee of the Government in his role as a
servant or representative of the Government. Its thrust is
therefore to be distinguished from that of sections 203 and 205
which forbid certain actions in his capacity as a representative of
persons outside the Government.
Subsection (a) in substance requires an officer or employee of
the executive branch, an independent agency or the District of
Columbia, including a special Government employee, to refrain from
participating as such in any matter in which, to his knowledge, he,
his spouse, minor child or partner has a financial interest. He
must also remove himself from a matter in which a business or
nonprofit organization with which he is connected or is seeking
employment has a financial interest.
Subsection (b) permits the agency of an officer or employee to
grant him an ad hoc exemption from subsection (a) if the
outside financial interest in a matter is deemed not substantial
enough to have an effect on the integrity of his services.
Financial interests of this kind may also be made nondisqualifying
by a general regulation published in the Federal Register.
Section 208 is similar in purpose to the former 18 U.S.C. 434
but prohibits a greater variety of conduct than the “transaction of
business with * * * [a] business entity” to which the prohibition
of section 434 was limited. In addition, the provision in section
208 including the interests of a spouse and others is new, as is
the provision authorizing exemptions for insignificant
interest.
[Amdt. 99-10, 42 FR 3119, Jan. 14, 1977, as amended by 58 FR 7995,
Feb. 11, 1993]
Appendix to Subtitle A - United States Railway Association - Employee Responsibilities and Conduct
49:1.0.1.1.41.5.43.1.39 :
Appendix to Subtitle A - United States Railway Association -
Employee Responsibilities and Conduct Subpart A - General Sec. 1
Purpose and policy. 3 Definitions. 5 Applicability. Subpart B -
Ethical and Other Conduct and Responsibilities of Employees 7
General. 9 Gifts, entertainment, and favors. 11 Outside employment
and other activities. 13 Financial interests. 15 Conflicts of
interest. 17 Disqualification arising from personal financial
interests. 19 Use of Association property or official title. 21
Misuse of information. 23 Indebtedness. 25 Miscellaneous
provisions. Subpart C - Statements of Employment and Financial
Interest 31 Employees required to submit statement. 33 Time and
place for submission of employee statements. 35 Supplementary
statements. 37 Committee on Commerce, Information not known by
employee. 39 Information not required. 41 Confidentiality of
employee's statement. 43 Interpretation and advisory service.
Subpart D - Disqualification of Former Employees in Matters
Connected with Former Duties or Official Responsibilities;
Disqualification of Partners 51 Matters in which employee
participated personally and substantially. 53 Matters under
employee's official responsibility. 55 Employee with outstanding
scientific or technological qualifications. 57 Partner of employee.
Appendix 1 - Categories of Financial Interests Exempted From the
Prohibitions of Sections 13(a), 15, and 17(a) Appendix 2 - List of
Employees Required to Submit Statements of Employment and Financial
Interests Under Section 31 [Reserved] Authority:Sec. 202(a)(5)(2)
of the Regional Rail Reorganization Act of 1973 (Pub. L. 93-236).
Source:39 FR 3825, Jan. 30, 1974, unless otherwise noted..
Subpart A - General
Section 1. Purpose and policy. (a) These regulations
implement Pub. L. 93-236, The Regional Rail Reorganization Act of
1973. They prescribe standards of ethical and other conduct, and
reporting requirements, for employees of the United States Railway
Association (the Association). The standards and requirements are
appropriate to the particular functions and activities of the
Association.
(b) The absence of a specific published standard of conduct
covering an act tending to discredit an employee of the Association
does not mean that the act is condoned, is permissible, or would
not call for and result in corrective or disciplinary action.
(c) Personnel of the Association shall observe standards of
conduct that will reflect credit on the Association.
Sec. 3. Definitions. Unless the context requires
otherwise, the following definitions apply in these
regulations:
“Association” means the United States Railway Association
established by Pub. L. 93-236.
“Chairman” means the Chairman of the Board of Directors of the
Association.
“Employee” means an officer or employee of the Association.
“General Counsel” means the General Counsel of the Association,
or his designee.
“Includes” means “includes but is not limited to.”
“May” is used in a permissive sense to state authority or
permission to do the act prescribed, and the words “a person may
not * * *” mean that a person is not required, authorized, or
permitted to do the act prescribed.
“Shall” is used in an imperative sense.
Sec. 5. Applicability. These regulations apply to each
employee of the Association.
Subpart B - Ethical and Other Conduct and Responsibilities of
Employees
Sec. 7. General. (a) Each employee shall avoid any
action, whether or not specifically prohibited by these
regulations, which might result in or create the appearance of:
(1) Using his Association office for private gain;
(2) Giving preferential treatment to any person;
(3) Impeding the efficiency or economy of the Association;
(4) Losing complete independence or impartiality;
(5) Making an Association decision outside of official channels;
or
(6) Affecting adversely the confidence of the public in the
integrity of the Association.
(b) An employee may not engage in criminal, infamous, dishonest,
immoral, or notoriously disgraceful conduct, or any conduct
prejudicial to the integrity of the Association.
Sec. 9. Gifts, entertainment, and favors. (a) Except as
provided in paragraphs (b) and (c) of this section, an employee may
not solicit or accept, directly or indirectly, any gift, gratuity,
favor, entertainment, food, lodging, loan, or other thing of
monetary value, from a person or employer of a person who:
(1) Has, or is seeking to obtain, contractual or other business
or financial relationships with the Association.
(2) Has interests which may be substantially affected by the
performance or nonperformance of that employee's official
duties.
(b) Notwithstanding paragraph (a) of this section, an employee
may:
(1) Accept a gift, gratuity, favor, entertainment, loan, or
other thing of value when the circumstances make it clear that an
obvious family relationship rather than the business of the persons
concerned is the motivating factor;
(2) Accept food or refreshment of nominal value on infrequent
occasions in the ordinary course of a luncheon or dinner meeting or
other meeting or on an inspection tour if the employee is properly
in attendance;
(3) Accept unsolicited advertising or promotional material such
as pens, pencils, note pads, calendars, or other items of nominal
intrinsic value; or
(4) Accept an invitation addressed to the Association, when
approved by the General Counsel, to participate in an inaugural
trip or similar ceremonial event related to transportation, and
accept food, lodging, and entertainment incident thereto.
(c) An employee may 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. However, this paragraph does not
prohibit a voluntary gift of nominal value or a donation in a
nominal amount made on a special occasion such as marriage,
illness, retirement, or transfer.
Sec. 11. Outside employment and other activities. (a) An
employee may not engage in any outside employment or other outside
activity which is not compatible with the full and proper discharge
of the duties and responsibilities of his employment with the
Association. Incompatible activities include:
(1) Acceptance of a fee, compensation, gift, payment of
expenses, or any other thing of monetary value in circumstances in
which acceptance may result in, or create the appearance of, a
conflict of interest; and
(2) Outside employment which tends to impair his mental or
physical capacity to perform his duties and responsibilities of his
employment with the Association in an acceptable manner.
(b) An employee may not receive any salary or anything of
monetary value from a private source as compensation for his
services to the Association.
(c) This section does not preclude an employee from
participating in the affairs of, or accepting an award for a
meritorious public contribution or achievement given by a
charitable, religious, professional, social, or fraternal
organization, a nonprofit educational or recreational organization,
or a public service or civic organization.
Sec. 13. Financial interests. (a) Except where authorized
by statute or these regulations, an employee may not have a direct
or indirect financial interest that conflicts substantially, or
appears to conflict substantially, with his Association duties and
responsibilities. In any case in which such a question of financial
interest arises the procedures set forth in section 17 apply.
(b) The fact that an employee is on leave of absence from
employment with or has served as an attorney or consultant to, a
railroad, or a company engaged in the manufacture, construction, or
supply of railroad facilities and equipment, or a creditor of a
railroad, shall not, of itself, be deemed to be a financial
interest conflicting with his Association duties or
responsibilities. This provision does not affect the obligation of
such an employee to submit a statement of employment and financial
interest as required by section 31(a)(1).
(c) The fact that an employee owns shares of stock, corporate
bonds, or other corporate securities in any single railroad, or a
company engaged in the manufacture, construction or supply of
railroad facilities and equipment, or a creditor of a railroad,
having a current aggregate market value of $10,000 or more, or an
option to purchase such securities, shall not, in itself, be deemed
to be a financial interest conflicting with his Association duties
or responsibilities. Such ownership must, however, be reported in a
special statement of financial interest, in a manner specified by
the General Counsel, which shall be available for public
inspection.
Sec. 15. Conflicts of interest. (a) Except where
specifically exempted by statute or these regulations, a conflict
of interest exists whenever the performance of the duties of an
employee has or appears to have a direct and predictable effect
upon a financial interest of such employee or of his spouse, minor
child, partner, or person or organization with which he is
associated or is negotiating for future employment.
(b) A conflict of interest exists even though there is no reason
to suppose that the employee will, in fact, resolve the conflict to
his own personal advantage rather than to that of the
Association.
Sec. 17. Disqualification arising from personal financial
interests. (a) Except as stated in paragraph (e) of this
section, or except as permitted by statute, an employee may not
participate personally and substantially as an employee, through
decision, approval, disapproval, recommendation, the rendering of
advice, investigation or otherwise, in a judicial or other
proceeding, application, request for a ruling or other
determination, contract, claim controversy, charge, accusation, or
other particular matter in which, to his knowledge, he, his spouse,
minor child, a blood relative who is a resident of the employee's
household, partner, organization in which he is serving as officer,
director, trustee, partner or employee, or any person or
organization with whom he is negotiating or has any arrangement
concerning prospective employment, has a financial interest, unless
he shall cause the financial interest involved to be divested, or
request a determination of the propriety of his participation in
any matter by informing the General Counsel of the nature and
circumstances of the matter and financial interest involved.
(b) After examining the information submitted the General
Counsel may:
(1) Relieve the employee from participation in the matter and,
if possible, reassign it to another employee who is not subordinate
to the relieved employee;
(2) Approve the employee's participation upon determining in
writing that the interest involved is not so substantial as to be
likely to affect the integrity of the services the Association may
expect from the employee;
(3) Recommend the reassignment of the employee; or
(4) If none of these alternatives is feasible, direct the
employee to cause the financial interest to be divested so that it
no longer comes within the scope of this section.
(c) In any case in which the General Counsel has reason to
believe that an employee may have an interest that would be
disqualifying under this section, he shall discuss the matter with
the employee. If he finds that the interest exists, he may take any
of the actions stated in paragraph (b) of this section.
(d) In any case in which the employee is dissatisfied with the
General Counsel's decision, the employee may appeal the matter to
the Chairman of the Association for reconsideration and final
determination of the appropriate action.
(e) Information concerning categories of financial interests
which are exempted from the prohibitions of §§ 13(a), 15, and
paragraph (a) of this section as being too remote or too
inconsequential to affect the integrity of an employee's interest
in a matter, are set forth in Appendix 1.
Sec. 19. Use of Association property or official title.
(a) An employee may not, directly or indirectly, use or allow the
use of Association property of any kind, including property leased
to the Association, for other than an officially approved activity.
Each employee has a positive duty to protect and conserve
Association property, including equipment, supplies, and other
property entrusted or issued to him.
(b) An employee may not, directly or indirectly, use or allow
the use of his title or position in connection with any commercial
enterprise or in endorsing any commercial product or service.
Sec. 21. Misuse of information. An employee may not, for
the purpose of furthering a private interest, directly or
indirectly, use or allow the use of official information obtained
through or in connection with his Association employment, if that
information has not been made available by the Association to the
general public.
Sec. 23. Indebtedness. Each employee shall pay his just
financial obligations in a proper and timely manner, especially
those imposed by law such as Federal, State, or local taxes. For
the purposes of this section “just financial obligations” means
those that are recognized as such by the employee or reduced to a
judgment by a court, and “in a proper and timely manner” means in a
manner which the Association determines does not, under the
circumstances, reflect adversely on the Association as his
employer. The Association will not determine the validity or amount
of a disputed debt and will not initiate action to collect such
debts.
Sec. 25. Miscellaneous provisions. (a) Each employee
shall acquaint himself with these regulations which relate to his
ethical and other conduct as an employee of the Association.
(b) In the appointment of personnel and in assignment of their
duties, the President of the Association shall take steps to avoid,
to as great an extent as possible, any conflict between the
Association duties and the private interests of such personnel.
Subpart C - Statements of Employment and Financial Interest
Sec. 31. Employees required to submit statement. (a) Each
of the following employees shall submit a statement of employment
and financial interest on a form provided by the Association:
(1) Each employee who within the preceding two years was
employed by or served as an attorney or consultant to, a railroad
or a company significantly engaged in the manufacture, construction
or supply of railroad facilities and equipment, including, but not
limited to, rolling stock, terminal facilities, signal equipment,
track and road bed, and electrical and communication transmission
equipment. The General Counsel shall decide, in a doubtful case,
whether the relationship to the railroad industry is sufficiently
significant as to require submission of a statement of employment
and financial interest.
(2) Each employee who is in a position identified in Appendix
2.
(b) Any employee who believes that his position has been
improperly included as one requiring the submission of a statement
of employment and financial interest is entitled to have that
inclusion reviewed by the General Counsel.
(c) Any employee in a position which meets the criteria in
paragraph (a) of this section may be excluded from the reporting
requirements of this section if the General Counsel determines that
the duties of the position are at such a level of responsibility
that the submission of a statement is not necessary because of the
degree of supervision and review and the remote or inconsequential
effect on the integrity of the Association.
Sec. 33. Time and place for submission of employee
statements. Each employee who is subject to the reporting
requirements of sec. 31 shall submit his employment and financial
interest statement to the General Counsel within 30 days after
entering the employ of the Association.
Sec. 35. Supplementary statements. (a) Each employee
shall, not later than July 31 of each year, file a supplementary
statement, showing, as of June 30 of that year, any change in, or
addition to, the information contained in his statement of
employment and financial interest. If changes or additions have not
occurred, a negative report is required.
(b) Compliance with the reporting requirements of this subpart
is not an alternative to observance of the conflict-of-interest
provisions of subpart B of these regulations, but is to facilitate
uniform compliance with, and the orderly administration of subpart
B.
Sec. 37. Committee on Commerce, Information not known by
employee. If any information required to be included on a
statement of employment and financial interest or a supplementary
statement, including any holding placed in trust, is not known to
the employee but is known to another person, the employee shall
request that other person to submit the information on his behalf,
and the employee shall so notify the General Counsel.
Sec. 39. Information not required. An employee is not
required to submit on a statement of employment and financial
interest or supplementary statement any information relating to his
connection with, or interest in, a professional society, or a
charitable, religious, social, fraternal, recreational, public
service, civic, or political organization, or a similar
organization not conducted as a business enterprise. For the
purposes of this section, educational and other institutions doing
research and development or related work involving grants of money
from or contracts with the Association are considered to be
“business enterprises” and are required to be included in the
employee's statement of employment and financial interest.
Sec. 41. Confidentiality of employee's statement. (a)
Except for special statements of financial interest required by
sec. 13(c) each statement of employment and financial interest and
each supplementary statement shall be held in confidence. The
reviewing officials and others who receive statements are
responsible for maintaining them in confidence and shall not allow
access to, or allow information to be disclosed from, a statement
except to carry out the purposes of these regulations. Information
may not be disclosed to any person outside the Association, except
as the General Counsel may determine for good cause shown. No
disclosure permitted by this paragraph may be made unless the
affected employee has been notified that disclosure is
contemplated, and the employee is given an opportunity to present
reasons and arguments to maintain the confidentiality of the
statement.
(b) Each statement of employment and financial interest and each
supplementary statement shall be maintained in the records of the
Association.
Sec. 43. Interpretation and advisory service. The General
Counsel shall provide authoritative counseling and interpretations
to employees who require advice and guidance on questions of
conflicts of interest or any other matters of legal import covered
by these regulations.
Subpart D - Disqualification of Former Employees in Matters
Connected with Former Duties or Official Responsibilities;
Disqualification of Partners
Sec. 51. Matters in which employee participated personally
and substantially. Except as permitted by sec. 55 hereof, an
employee of the Association, after his employment has ceased, may
not act as agent or attorney for anyone other than the Association
in connection with any judicial or other proceeding, application,
request for a ruling or other determination, contract claim,
controversy, charge, accusation, arrest, or other particular matter
involving a specific party or parties, in which the Association is
a party or has a direct and substantial interest and in which he
participated personally and substantially as an employee, through
decision, approval, disapproval, recommendation, the rendering of
advice, investigation, or otherwise, while so employed.
Sec. 53. Matters under employee's official
responsibility. Except as permitted by sec. 55 hereof, an
employee of the Association may not, within one year after his
employment has ceased, appear personally before the Association or
any court or department or agency of the Government as agent, or
attorney, for anyone other than the Association in connection with
any proceeding, application, request for a ruling or other
determination, contract, claim, controversy, charge, accusation,
arrest, or other particular matter involving a specific party or
parties, in which the Association is a party or directly and
substantially interested, and which was under his official
responsibility as an officer or employee of the Association at any
time within a period of one year prior to the termination of such
responsibility.
Sec. 55. Employee with outstanding scientific or
technological qualifications. A former employee with
outstanding scientific or technological qualifications may act as
attorney or agent or appear personally in connection with a
particular matter in a scientific or technological field if the
General Counsel certifies in writing, in advance, that the public
interest would be served by such action or appearance.
Sec. 57. Partner of employee. A partner of an employee of
the Association may not act as agent or attorney for anyone other
than the Association, in connection with any judicial or other
proceeding, application, request for a ruling or other
determination, contract, claim, controversy, charge, accusation,
arrest, or other particular matter in which the Association is a
party or has a direct and substantial interest and in which such
employee of the Association participates personally and
substantially as an employee through decision, approval,
disapproval, recommendation, the rendering of advice, investigation
or otherwise, or which is the subject of his official
responsibility.
Appendix 1 - Categories of Financial Interests Exempted From the
Prohibitions of Sections 13(a), 15, and 17(a)
I. (a) The following are exempted from the prohibitions of
sections 13(a), 15, and 17(a), because they are too remote or too
inconsequential to affect the integrity of an employee's services
in any matter in which he may act in his official capacity.
(1) Any holding in a widely held mutual fund, or regulated
investment company, which does not specialize in the transportation
industry.
(2) Ownership of shares of stock and of corporate bonds or other
corporate securities, if the current aggregate market value of the
stocks and other securities so owned in any single corporation is
less than $10,000 and is less than one percent of the outstanding
stock of the organization concerned, and if the employee, his
spouse, or minor children are not active in the management of the
organization and have no other connection with or interest in
it.
(3) Continued participation in a bona fide pension, retirement,
deferred compensation, group life, health, or accident insurance
plan or other employee welfare or benefit plan that is maintained
by a business or nonprofit organization by which the employee was
formerly employed, to the extent that the employee's rights in the
plans are vested and require no additional services by him. To the
extent the welfare or benefit plan is a profit sharing or stock
bonus plan, this exemption does not apply.
(b) Notwithstanding paragraph 1(a)(2), the interest of an
employee, whose position is listed in section II of this appendix,
shall not be exempt from the prohibitions of sections 13(a), 15,
and 17(a), with respect to any stock or other security holding in
an organization to which he is assigned, or for which he has
specific responsibility as a part of his regular duties, for
conducting inspections or issuing certificates, waivers,
exemptions, or approvals.
II. The following is a list of positions to which the exemption
in paragraph 1(a)(2) of this appendix does not apply. This list may
be amended at any time by the Association.
[To be supplied]
Appendix 2 - List of Employees Required To Submit Statements of
Employment and Financial Interest Under Section 31 [Reserved] [39
FR 3825, Jan. 30, 1974]