US (United States) Code. Title 50. Chapter 38: CIA (Central Intelligence Agency) retirement and disability

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # War and National Defense

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-CITE-

50 USC CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY

RETIREMENT AND DISABILITY 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

-HEAD-

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

-MISC1-

SUBCHAPTER I - DEFINITIONS

Sec.

2001. Definitions relating to the system.

2002. Definitions relating to participants and annuitants.

(a) General definitions.

(b) "Child" defined.

SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

PART A - ESTABLISHMENT OF SYSTEM

2011. CIARDS system.

(a) In general.

(b) Administration of system.

(c) Finality of decisions of DCI.

2012. Central Intelligence Agency Retirement and Disability

Fund.

2013. Participants in CIARDS system.

(a) Designation of participants.

(b) Qualifying service.

(c) Election of employee to be participant.

2014. Annuitants.

PART B - CONTRIBUTIONS

2021. Contributions to fund.

(a) In general.

(b) Consent of participant to deductions from pay.

(c) Treatment of contributions after 35 years of

service.

(d) Offset for social security taxes.

PART C - COMPUTATION OF ANNUITIES

2031. Computation of annuities.

(a) Annuity of participant.

(b) Spouse or former spouse survivor annuity.

(c) 18-month open period after retirement to

provide spouse coverage.

(d) Annuities for surviving children.

(e) Commencement and termination of child

annuities.

(f) Participants not married at time of retirement.

(g) Effect of divorce after retirement.

(h) Coordination of annuities.

(i) Supplemental survivor annuities.

(j) Offset of annuities by amount of social

security benefit.

(k) Information from other agencies.

(l) Information on rights under system.

2032. Annuities for former spouses.

(a) Former spouse share of participant's annuity.

(b) Former spouse survivor annuity.

(c) Optional additional survivor annuities for

other former spouse or surviving spouse.

2033. Election of survivor benefits for certain former

spouses divorced as of November 15, 1982.

(a) Former spouses as of November 15, 1982.

(b) Time for making election.

(c) Base for annuity.

(d) Reduction in participant's annuity.

2034. Survivor annuity for certain other former spouses.

(a) Survivor annuity.

(b) Limitations.

(c) Commencement and termination of annuity.

(d) Application.

(e) Restoration of annuity.

2035. Retirement annuity for certain former spouses.

(a) Retirement annuity.

(b) Limitations.

(c) Commencement and termination.

(d) Restoration of annuities.

(e) Savings provision.

2036. Survivor annuities for previous spouses.

PART D - BENEFITS ACCRUING TO CERTAIN PARTICIPANTS

2051. Retirement for disability or incapacity; medical

examination; recovery.

(a) Disability retirement.

(b) Computation of disability annuity.

(c) Medical examinations.

(d) Treatment of recovered disability annuitant who

is not reinstated.

(e) Coordination of benefits.

(f) Offset from survivor annuity for workers'

compensation payment.

2052. Death in service.

(a) Return of contributions when no annuity

payable.

(b) Survivor annuity for surviving spouse or former

spouse.

(c) Annuities for surviving children.

2053. Voluntary retirement.

2054. Discontinued service benefits.

(a) Deferred annuity.

(b) Refund of contributions if former participant

dies before age 62.

2055. Mandatory retirement.

(a) Involuntary retirement.

(b) Mandatory retirement for age.

(c) Retirement benefits.

2056. Eligibility for annuity.

(a) One-out-of-two requirement.

(b) Refund of contributions for time not allowed

for credit.

(c) Exception.

PART E - LUMP-SUM PAYMENTS

2071. Lump-sum payments.

(a) Entitlement to lump-sum credit.

(b) Conditions for payment of lump-sum credit.

(c) Order of precedence of payment.

(d) Death of former participant before retirement.

(e) Termination of all annuity rights.

(f) Payment of accrued and unpaid annuity when

retired participant dies.

(g) Termination of survivor annuity.

PART F - PERIOD OF SERVICE FOR ANNUITIES

2081. Computation of length of service.

(a) In general.

(b) Extra credit for periods served at unhealthful

posts overseas.

2082. Prior service credit.

(a) In general.

(b) Limitations.

(c) Transfer from other Government retirement

systems.

(d) Transfer to other Government retirement

systems.

(e) Prior military service credit.

(f) Effect of entitlement to social security

benefits.

(g) Deposits paid by survivors.

(h) Deposits for periods of military service.

2083. Credit for service while on military leave.

(a) General rule.

(b) Waiver of contributions.

PART G - MONEYS

2091. Estimate of appropriations needed.

(a) Estimates of annual appropriations.

(b) Actuarial valuations.

(c) Changes in law affecting actuarial status of

fund.

(d) Authorization.

(e) Unfunded liability; credit allowed for military

service.

2092. Investment of moneys in fund.

2093. Payment of benefits.

(a) Annuities stated as annual amounts.

(b) Commencement of annuity.

(c) Termination of annuity.

(d) Application for survivor annuities.

(e) Waiver of annuity.

(f) Limitations.

(g) Withholding of State income tax from annuities.

2094. Attachment of moneys.

(a) Exemption from legal process.

(b) Payment to former spouses under court order or

spousal agreement.

(c) Other payments under court orders.

(d) Prospective payments; bar to recovery.

(e) Allotments.

2095. Recovery of payments.

PART H - RETIRED PARTICIPANTS RECALLED, REINSTATED, OR REAPPOINTED

IN AGENCY OR REEMPLOYED IN GOVERNMENT

2111. Recall.

(a) Authority to recall.

(b) Pay of retired participant while serving.

(c) Recomputation of annuity.

2112. Reemployment.

2113. Reemployment compensation.

(a) Deduction from basic pay.

(b) Recovery of overpayments.

(c) Deposit in fund.

PART I - VOLUNTARY CONTRIBUTIONS

2121. Voluntary contributions.

(a) Authority for voluntary contributions.

(b) Treatment of voluntary contributions.

(c) Value of benefits.

(d) Lump-sum payment.

(e) Benefits in addition to other benefits.

PART J - COST-OF-LIVING ADJUSTMENT OF ANNUITIES

2131. Cost-of-living adjustment of annuities.

(a) In general.

(b) Eligibility.

(c) Limitation.

(d) Rounding to next lower dollar.

(e) Limitation on maximum amount of annuity.

PART K - CONFORMITY WITH CIVIL SERVICE RETIREMENT SYSTEM

2141. Authority to maintain existing areas of conformity

between Civil Service and Central Intelligence Agency

Retirement and Disability Systems.

(a) Presidential authority.

(b) Effect of Executive order.

2142. Thrift Savings Plan participation.

(a) Eligibility for Thrift Savings Plan.

(b) Management of Thrift Savings Plan accounts by

Director.

2143. Alternative forms of annuities.

(a) Authority for alternative form of annuity.

(b) Basis for alternative forms of annuity.

(c) Lump-sum credit.

(d) Submission of regulations to congressional

intelligence committees.

2144. Payments from CIARDS fund for portions of certain

Civil Service Retirement System annuities.

SUBCHAPTER III - PARTICIPATION IN FEDERAL EMPLOYEES' RETIREMENT

SYSTEM

2151. Application of Federal Employees' Retirement System to

Agency employees.

(a) General rule.

(b) Exception for pre-1984 employees.

(c) Nonapplicability of FERS to certain employees.

(d) Election to become subject to FERS.

(e) Special rules.

2152. Special rules relating to section 2013 criteria

employees.

(a) In general.

(b) Voluntary and mandatory retirement.

(c) Recall.

2153. Special rules for other employees for service abroad.

(a) Special computation rule.

(b) Computation.

2154. Special rules for former spouses.

(a) General rule.

(b) Definitions.

(c) Entitlement of qualified former spouse to

retirement benefits.

(d) Qualified former spouse survivor benefits.

(e) Qualified former spouse Thrift Savings Plan

benefit.

(f) Preservation of rights of qualified former

spouses.

(g) Payment of share of lump-sum credit.

(h) Payment to qualified former spouses under court

order or spousal agreement.

(i) Applicability of CIARDS former spouse benefits.

2155. Administrative provisions.

(a) Finality of decisions of Director.

(b) Exception.

2156. Regulations.

(a) Requirement.

(b) Congressional review.

2157. Transition regulations.

(a) Regulations.

(b) Congressional review.

-COD-

CODIFICATION

The Central Intelligence Agency Retirement Act, comprising this

chapter, was originally enacted as the Central Intelligence Agency

Retirement Act of 1964 for Certain Employees by Pub. L. 88-643,

Oct. 13, 1964, 78 Stat. 1043, as amended by Pub. L. 90-539, Sept.

30, 1968, 82 Stat. 902; Pub. L. 91-185, Dec. 30, 1969, 83 Stat.

847; Pub. L. 91-626, Secs. 1-6, Dec. 31, 1970, 84 Stat. 1872-1874;

Pub. L. 93-31, May 8, 1973, 87 Stat. 65; Pub. L. 93-210, Sec. 1(a),

Dec. 28, 1973, 87 Stat. 908; Pub. L. 94-361, title VIII, Sec.

801(b), July 14, 1976, 90 Stat. 929; Pub. L. 94-522, title I, Secs.

101, 102, title II, Secs. 201-213, Oct. 17, 1976, 90 Stat.

2467-2471; Ex. Ord. No. 12273, Jan. 16, 1981, 46 F.R. 5854; Ex.

Ord. No. 12326, Sept. 30, 1981, 46 F.R. 48889; Pub. L. 97-269,

title VI, Secs. 602-611, Sept. 27, 1982, 96 Stat. 1145-1148,

1152-1153; Ex. Ord. No. 12443, Sept. 27, 1983, 48 F.R. 44751; Ex.

Ord. No. 12485, July 13, 1984, 49 F.R. 28827; Pub. L. 98-618, title

III, Sec. 302, Nov. 8, 1984, 98 Stat. 3300; Pub. L. 99-169, title

VII, Sec. 702, Dec. 4, 1985, 99 Stat. 1008; Pub. L. 99-335, title

V, Secs. 501-506, June 6, 1986, 100 Stat. 622-624; Pub. L. 99-514,

Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 99-569, title III,

Sec. 302(a), Oct. 27, 1986, 100 Stat. 3192; Pub. L. 100-178, title

IV, Secs. 401(a), 402(a), (b)(1), (2), Dec. 2, 1987, 101 Stat.

1012-1014; Pub. L. 100-453, title III, Sec. 302(a), (b)(1), (c)(1),

(d)(1), (2), title V, Sec. 502, Sept. 29, 1988, 102 Stat. 1906,

1907, 1909; Pub. L. 101-193, title III, Secs. 302-304(a), 307(b),

Nov. 30, 1989, 103 Stat. 1703, 1707; Pub. L. 102-83, Sec. 5(c)(2),

Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-88, title III, Secs.

302-305(a), 306-307(b), Aug. 14, 1991, 105 Stat. 431-433; Pub. L.

102-183, title III, Secs. 302(a)-(c), 303(a), 304-306(b), 307,

309(a), 310(a), Dec. 4, 1991, 105 Stat. 1262-1266; Pub. L. 102-496,

title III, Sec. 304(b), Oct. 24, 1992, 106 Stat. 3183, and was set

out as a note under section 403 of this title. The Act is shown

herein, however, as having been added by Pub. L. 102-496, title

VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3196, without reference to

such intervening amendments because of the extensive revision and

restatement of the Act's provisions by Pub. L. 102-496.

-End-

-CITE-

50 USC SUBCHAPTER I - DEFINITIONS 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER I - DEFINITIONS

-HEAD-

SUBCHAPTER I - DEFINITIONS

-End-

-CITE-

50 USC Sec. 2001 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER I - DEFINITIONS

-HEAD-

Sec. 2001. Definitions relating to the system

-STATUTE-

When used in this chapter:

(1) Agency

The term "Agency" means the Central Intelligence Agency.

(2) Director

The term "Director" means the Director of Central Intelligence.

(3) Qualifying service

The term "qualifying service" means service determined by the

Director to have been performed in carrying out duties described

in section 2013 of this title.

(4) Fund balance

The term "fund balance" means the sum of -

(A) the investments of the fund calculated at par value; and

(B) the cash balance of the fund on the books of the

Treasury.

(5) Unfunded liability

The term "unfunded liability" means the estimated amount by

which -

(A) the present value of all benefits payable from the fund

exceeds

(B) the sum of -

(i) the present value of deductions to be withheld from the

future basic pay of participants subject to subchapter II of

this chapter and of future Agency contributions to be made on

the behalf of such participants;

(ii) the present value of Government payments to the fund

under sections 2091(c) and 2091(d) of this title; and

(iii) the fund balance as of the date on which the unfunded

liability is determined.

(6) Normal cost

The term "normal cost" means the level percentage of payroll

required to be deposited in the fund to meet the cost of benefits

payable under the system (computed in accordance with generally

accepted actuarial practice on an entry-age basis) less the value

of retirement benefits earned under another retirement system for

government employees and less the cost of credit allowed for

military service.

(7) Lump-sum credit

The term "lump-sum credit" means the unrefunded amount

consisting of retirement deductions made from a participant's

basic pay and amounts deposited by a participant covering earlier

service, including any amounts deposited under section 2082(h) of

this title.

(8) Congressional intelligence committees

The term "congressional intelligence committees" means the

Permanent Select Committee on Intelligence of the House of

Representatives and the Select Committee on Intelligence of the

Senate.

(9) Employee

The term "employee" includes an officer of the Agency.

-SOURCE-

(Pub. L. 88-643, title I, Sec. 101, as added Pub. L. 102-496, title

VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3197; amended Pub. L.

103-178, title II, Sec. 202(a)(1), Dec. 3, 1993, 107 Stat. 2025.)

-MISC1-

PRIOR PROVISIONS

A prior section 101 of Pub. L. 88-643, title I, Oct. 13, 1964, 78

Stat. 1043, provided a short title for Pub. L. 88-643 as the

"Central Intelligence Agency Retirement Act of 1964 for Certain

Employees" and was set out as a note under section 403 of this

title prior to the general amendment of Pub. L. 88-643 by section

802 of Pub. L. 102-496.

AMENDMENTS

1993 - Par. (7). Pub. L. 103-178 substituted "basic pay and

amounts deposited" for "basic pay, amounts deposited" and struck

out ", and interest determined under section 2121 of this title"

after "section 2082(h) of this title".

EFFECTIVE DATE OF 1993 AMENDMENT

Section 202(b) of Pub. L. 103-178 provided that: "The amendments

made by subsection (a) [amending this section and sections 2011,

2021, 2031, 2032, 2034, 2035, 2051, 2052, 2054, 2071, 2094, 2095,

2131, and 2154 of this title] shall take effect as of February 1,

1993."

EFFECTIVE DATE

Section 805 of Pub. L. 102-496 provided that: "The amendments

made by sections 802 and 803 [enacting this chapter and amending

sections 403n, 403r, and 403s of this title, sections 8347 and 8423

of Title 5, Government Organization and Employees, section 1605 of

Title 10, Armed Forces, and provisions set out as a note under

section 402 of this title] shall take effect on the first day of

the fourth month beginning after the date of the enactment of this

Act [Oct. 24, 1992]."

EFFECTIVE DATE OF AMENDMENTS TO PUB. L. 88-643 PRIOR TO ENACTMENT

OF PUB. L. 102-496

Pub. L. 102-183, title III, Sec. 302(d), Dec. 4, 1991, 105 Stat.

1263, provided that: "The amendments made by this section [amending

sections 204(b)(3), 221(c)-(e), and 232(c)-(e) of Pub. L. 88-643]

shall take effect on the first day of the fourth month beginning

after the date of the enactment of this Act [Dec. 4, 1991] and

shall apply with respect to annuities payable to children by reason

of the death of a participant or annuitant on or after that date."

Pub. L. 102-183, title III, Sec. 303(b), Dec. 4, 1991, 105 Stat.

1264, provided that: "(1) The amendments made by subsection (a)

[amending section 221(p)-(r) of Pub. L. 88-643] shall take effect

on the first day of the fourth month beginning after the date of

the enactment of this Act [Dec. 4, 1991].

"(2)(A) The amendment made by subsection (a)(2) [enacting section

221(q) of Pub. L. 88-643] shall apply with respect to participants

and former participants regardless of whether they retire before,

on, or after the effective date specified in paragraph (1), except

that paragraph (1)(A) of section 221(q) of the Central Intelligence

Agency Retirement Act of 1964 for Certain Employees (as added by

subsection (a)(2)) shall apply only with respect to participants

who retire on or after that effective date.

"(B) In applying the provisions of paragraph (1)(B) of section

221(q) of the Central Intelligence Agency Retirement Act of 1964

for Certain Employees (as added by subsection (a)(2)) to a

participant or former participant who retires before the effective

date specified in paragraph (1) -

"(i) the 18-month period referred to in that paragraph shall be

considered to begin on the effective date specified in paragraph

(1); and

"(ii) the amount referred to in paragraph (2) of that section

(as added by subsection (a)(2)) shall be computed without regard

to the provisions of subparagraph (B)(ii) of such paragraph

(relating to interest)."

Pub. L. 102-183, title III, Sec. 306(c), Dec. 4, 1991, 105 Stat.

1265, provided that:

"(1) The amendment made by subsection (a)(1) [amending section

226(a) of Pub. L. 88-643] shall be deemed to have become effective

as of September 30, 1990, and shall apply in the case of annuitants

whose divorce occurs on or after that date.

"(2) The amendments made by subsections (a)(2) and (a)(3)

[amending section 226(a) of Pub. L. 88-643] shall be deemed to have

become effective as of September 29, 1988."

Pub. L. 102-183, title III, Sec. 309(b), Dec. 4, 1991, 105 Stat.

1266, provided that: "Subsection (h) of section 304 of the Central

Intelligence Agency Retirement Act of 1964 for Certain Employees

[Pub. L. 88-643], as added by subsection (a), shall be deemed to

have become effective as of December 2, 1987."

Pub. L. 102-183, title III, Sec. 310(b), Dec. 4, 1991, 105 Stat.

1267, provided that: "The amendment made by subsection (a)

[amending section 204(b)(4) of Pub. L. 88-643] shall apply only to

a former husband or wife of a participant or former participant

whose divorce from the participant or former participant becomes

final after the date of the enactment of this Act [Dec. 4, 1991]."

Pub. L. 102-88, title III, Sec. 305(b), Aug. 14, 1991, 105 Stat.

432, provided that:

"(1) The amendments made by subsection (a) [amending sections

221, 222, and 232 of Pub. L. 88-643] relating to widows or widowers

shall apply in the case of a surviving spouse's remarriage

occurring on or after July 27, 1989, and with respect to periods

beginning after such date.

"(2) The amendments made by subsection (a) relating to former

spouses shall apply with respect to any former spouse whose

remarriage occurs after the date of enactment of this Act [Aug. 14,

1991]."

Amendment by section 307 of Pub. L. 102-88 (amending sections 224

and 225 of Pub. L. 88-643) effective as of Oct. 1, 1990, and no

benefits provided pursuant to such amendment to be payable with

respect to any period before such date, see section 307(d) of Pub.

L. 102-88, set out as an Effective Date of 1991 Amendment note

under section 403p of this title.

Pub. L. 101-193, title III, Sec. 304(b), Nov. 30, 1989, 103 Stat.

1703, provided that: "The amendment made by this section [amending

section 224(a)(2) of Pub. L. 88-643] shall be effective as of

October 1, 1986."

Pub. L. 100-453, title III, Sec. 302(b)(2), Sept. 29, 1988, 102

Stat. 1907, provided that: "The amendments made by paragraph (1)

[amending section 224 of Pub. L. 88-643] shall take effect as of

October 1, 1986."

Pub. L. 100-453, title III, Sec. 302(c)(2), Sept. 29, 1988, 102

Stat. 1907, provided that: "The amendment made by paragraph (1)

[amending section 225(a) of Pub. L. 88-643] shall take effect as of

December 2, 1987."

Pub. L. 100-453, title III, Sec. 302(d)(3), Sept. 29, 1988, 102

Stat. 1907, provided that: "The amendment made by this subsection

[amending section 221(n), (p) of Pub. L. 88-643] shall apply to

marriages which occur on or after May 7, 1985."

Pub. L. 100-178, title IV, Sec. 402(c)-(e), Dec. 2, 1987, 101

Stat. 1014, provided that:

"(c)(1) Except as provided in paragraph (2), the amendments made

by this section [amending section 403n of this title and sections

221(o)(2), 232(b), and 304 of Pub. L. 88-643] shall take effect on

November 15, 1982, the effective date of the Central Intelligence

Agency Spouses' Retirement Equity Act of 1982.

"(2) The amendment made by subsection (b)(2) [amending section

304 of Pub. L. 88-643] shall take effect on January 1, 1987, the

effective date of the Federal Employees' Retirement System Act of

1986.

"(d) Nothing in this section or any amendment made by this

section shall be construed to require the forfeiture by any

individual of benefits received before the date of the enactment of

this Act [Dec. 2, 1987].

"(e) Nothing in this section or any amendment made by this

section shall be construed to require a reduction in the level of

benefits received by any individual who was receiving benefits

under section 232 of the Central Intelligence Agency Retirement Act

of 1964 for Certain Employees [Pub. L. 88-643] before the date of

enactment of this Act [Dec. 2, 1987]".

Amendment by section 302(a) of Pub. L. 99-569 (enacting section

224 of Pub. L. 88-643) effective Oct. 1, 1986, see section 302(d)

of Pub. L. 99-569, set out as an Effective Date of 1986 Amendment

note under section 403n of this title.

Pub. L. 97-269, title VI, Sec. 613, Sept. 27, 1982, 96 Stat.

1154, provided that:

"(a) Except as provided in subsections (b) and (c) of this

section, this title [enacting section 403n of this title and

sections 222 and 223 of Pub. L. 88-643 and amending sections 204,

211, 221, 234, and 263 of Pub. L. 88-643] shall take effect on

November 15, 1982.

"(b) The provisions of section 222(a) of the Central Intelligence

Agency Retirement Act of 1964 for Certain Employees [Pub. L.

88-643], as added by this title, regarding the rights of former

spouses to an annuity shall apply in the case of any individual who

after the effective date of this title [Nov. 15, 1982] becomes a

former spouse of an individual who separates from service with the

Agency after such date.

"(c) Except to the extent provided in section 223 of the Central

Intelligence Agency Retirement Act of 1964 for Certain Employees

[Pub. L. 88-643], the provisions of section 221(b) (as amended by

this title) and the provisions of subsections (b) and (c) of

section 222 of such Act, as added by this title, regarding the

rights of former spouses to receive survivor annuities shall apply

in the case of any individual who after the effective date of this

title [Nov. 15, 1982] becomes a former spouse of a participant or

former participant in the Central Intelligence Agency Retirement

and Disability System."

Pub. L. 94-522, title II, Sec. 215, Oct. 17, 1976, 90 Stat. 2472,

provided that:

"(a) This Act [amending Pub. L. 88-643] shall become effective

October 1, 1976.

"(b) The amendments made by sections 201(a), (b), (c), and (d),

202, and 208 [amending sections 204(a), (b)(2), (3)(i), 221(b) and

232(b) of Pub. L. 88-643] shall not apply in the case of

participants who died before January 8, 1971. The amendments made

by section 201(e) [amending section 204 of Pub. L. 88-643] shall

not apply in the case of participants who died before April 9,

1974. The rights of such persons and their survivors shall continue

in the same manner and to the same extent as if such amendments had

not been enacted.

"(c) The amendment made by section 203 [enacting section

221(f)(2) of Pub. L. 88-643] shall apply to a participant who

married prior to enactment [Oct. 17, 1976] but only if the election

is made within one year after enactment [Oct. 17, 1976].

"(d) The amendment made by section 210 [amending section 251 of

Pub. L. 88-643] is effective only with respect to annuity accruing

for full months beginning after January 8, 1971; but any part of a

period of separation referred to in such amendment in which the

participant or former participant was receiving benefits under

chapter 81 of title 5, United States Code or any earlier statute on

which such chapter is based shall be counted whether the person

returns to duty before, on, or after January 8, 1971. With respect

to any person retired before such date of enactment, any such part

of a period of separation shall be counted only upon application of

the retired person.

"(e) The amendment in section 211 [amending section 252(a)(2) of

Pub. L. 88-643] to credit certain service in the Public Health

Service is effective as of April 8, 1960, and the amendment to

credit certain service in the National Oceanic and Atmospheric

Administration is effective as of September 14, 1961.

"(f) The amendment in section 212 [enacting section 264 of Pub.

L. 88-643] is effective as of June 30, 1974.

"(g) The amendment to recompute a reduced annuity during periods

when not married in section 202 [amending section 221(b) of Pub. L.

88-643] shall apply to annuities which commence before, on, or

after the date of enactment of this Act [Oct. 17, 1976], but no

increase in annuity shall be paid for any period prior to November

1, 1974.

"(h) Annuity increases under sections 204 [enacting section

221(l) of Pub. L. 88-643] and 214 [set out below] shall apply to

annuities which commence before, on, or after the date of enactment

of this Act [Oct. 17, 1976], but no increase in annuity shall be

paid for any period prior to August 1, 1974, or the date on which

the annuity commences, whichever is later."

Pub. L. 93-210, Sec. 1(b), Dec. 28, 1973, 87 Stat. 908, provided

that: "The amendments made by subsection (a) [amending section

291(b) of Pub. L. 88-643] shall apply only with respect to

annuities which commence on or after July 2, 1973."

Pub. L. 91-185, Sec. 6, Dec. 30, 1969, 83 Stat. 849, provided

that:

"(a) The amendments made by section 1 [amending section 211(a) of

Pub. L. 88-643, set out above] shall become effective at the

beginning of the first applicable pay period beginning after

December 31, 1969.

"(b) The amendments made by sections 3, 4 [amending sections

231(a) and 232(h) of Pub. L. 88-643], and 2 [amending section 221

of Pub. L. 88-643], with the exception of 2(c) [amending subsec.

(c) thereof], shall become effective October 20, 1969.

"(c) The amendments made by sections 2(c) and 5 [amending

sections 221(c) and 291 of Pub. L. 88-643] shall become effective

November 1, 1969.

"(d) The amendments made by sections 2(a), 2(e), 3, and

4(a)(1)-(2) [amending section 221(a), adding section 221(h), and

amending sections 231(a) and 232(b) of Pub. L. 88-643] shall not

apply in the cases of persons retired or otherwise separated prior

to October 20, 1969, and the rights of such persons and their

survivors shall continue in the same manner and to the same extent

as if such sections had not been enacted."

SHORT TITLE OF 1993 AMENDMENT

Pub. L. 103-36, Sec. 1, June 8, 1993, 107 Stat. 104, provided

that: "This Act [amending section 2053 of this title and enacting

provisions set out as a note under section 403-4 of this title] may

be cited as the 'Central Intelligence Agency Voluntary Separation

Pay Act'."

SHORT TITLE OF 1992 AMENDMENT

Section 801 of title VIII of Pub. L. 102-496 provided that: "This

title [enacting this chapter, amending sections 403n, 403r, 403r-1,

and 403s of this title, sections 8347 and 8423 of Title 5,

Government Organization and Employees, section 1605 of Title 10,

Armed Forces and sections 4071b to 4071d of Title 22, Foreign

Relations and Intercourse, enacting provisions set out as notes

under this section, and amending provisions set out as a note under

section 402 of this title] may be cited as the 'CIARDS Technical

Corrections Act of 1992'."

SHORT TITLE OF 1982 AMENDMENT

Pub. L. 97-269, title VI, Sec. 601, Sept. 27, 1982, 96 Stat.

1145, provided that: "This title [enacting section 403n of this

title and amending Pub. L. 88-643] may be cited as the 'Central

Intelligence Agency Spouses' Retirement Equity Act of 1982'."

SHORT TITLE

Section 1(a) of Pub. L. 88-643, as added by Pub. L. 102-496,

title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3196, provided that:

"This Act [enacting this chapter] may be cited as the 'Central

Intelligence Agency Retirement Act'."

SAVINGS PROVISION

Section 804 of Pub. L. 102-496 provided that:

"(a) Prior Elections. - Any election made under the Central

Intelligence Agency Retirement Act of 1964 for Certain Employees

[Pub. L. 88-643 prior to enactment of Pub. L. 102-496, formerly set

out as a note under section 403 of this title] before the effective

date specified in section 805 [set out as an Effective Date note

above] shall not be affected by the amendment made by section 802

[enacting this chapter] and shall be deemed to have been made under

the corresponding provision of that Act as restated by section 802

as the Central Intelligence Agency Retirement Act.

"(b) References. - Any reference in any other Act, or in any

Executive order, rule, or regulation, to the Central Intelligence

Agency Retirement Act of 1964 for Certain Employees, or to a

provision of that Act, shall be deemed to refer to that Act and to

the corresponding provision of that Act, as restated by section 802

as the Central Intelligence Agency Retirement Act."

FUNDING REQUIREMENTS FOR AMENDMENTS TO PUB. L. 88-643 PRIOR TO

ENACTMENT OF PUB. L. 102-496

Pub. L. 100-453, title III, Sec. 302(e), Sept. 29, 1988, 102

Stat. 1907, provided that: "Any new spending authority (within the

meaning of section 401(c) of the Congressional Budget Act of 1974

[2 U.S.C. 651(c)]) provided pursuant to the amendments made by this

section [enacting section 226 and amending sections 221, 224, and

225 of Pub. L. 88-643] shall be effective for any fiscal year only

to such extent or in such amounts as are provided in appropriations

Acts."

For provision that any new spending authority (within the meaning

of section 401(c) of the Congressional Budget Act of 1974) provided

pursuant to the amendments made to sections 224 and 225 of Pub. L.

88-643 by section 307 of Pub. L. 102-88 be effective for any fiscal

year only to such extent or in such amounts as are provided in

advance in appropriation Acts, see section 307(c) of Pub. L.

102-88, set out as a Compliance With Budget Act note under section

403p of this title.

CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY FUND; ANNUITY

INCREASE PAYMENT; MONTHLY RATE

Pub. L. 94-522, title II, Sec. 214, Oct. 17, 1976, 90 Stat. 2472,

provided that:

"(a) An annuity payable from the Central Intelligence Agency

Retirement and Disability Fund to an annuitant which is based on a

separation occurring prior to October 20, 1969, is increased by

$240 per annum.

"(b) In lieu of any increase based on an increase under

subsection (a) of this section, an annuity payable from the Central

Intelligence Agency Retirement and Disability Fund to the surviving

spouse of an annuitant, which is based on a separation occurring

prior to October 20, 1969, shall be increased by $132 per annum.

"(c) The monthly rate of an annuity resulting from an increase

under this section shall be considered as the monthly rate of

annuity payable under section 221(a) of the Central Intelligence

Agency Retirement Act of 1964 for Certain Employees, as amended (78

Stat. 1043; 50 U.S.C. 403 note) [section 221 of Pub. L. 88-643

prior to enactment of Pub. L. 102-496; see 50 U.S.C. 2031(a)] for

purposes of computing the minimum annuity under new section 221(l)

of the Act, as added by section 204 of this Act."

TEMPORARY RETIREMENT CONTRIBUTIONS AND PROCEDURES FOR CERTAIN

PARTICIPANTS

For temporary provisions providing modified contributions and

procedures for officers and employees participating in the Central

Intelligence Agency Retirement and Disability System who are also

required to pay employment taxes relating to benefits under title

II of the Social Security Act, 42 U.S.C. 401 et seq., until they

are covered by a new Government retirement system or Jan. 1, 1986,

whichever is earlier, see title II of Pub. L. 98-168, set out as a

note under section 8331 of Title 5, Government Organization and

Employees.

CONTINGENT ONCE-A-YEAR ADJUSTMENT IN ANNUITIES

For provisions which directed the President, subject to certain

conditions, to provide for a single cost-of-living adjustment in

the annuities paid under the Central Intelligence Agency Retirement

Act of 1964 for Certain Employees [Pub. L. 88-643] during the

period Sept. 1, 1980, to Aug. 31, 1981, and which further directed

that, subject to the enactment of specified legislation providing

for the adjustment of annuities paid under section 8331 et seq. of

Title 5, Government Organization and Employees, the President

exercise the authority vested in him under section 292 of the

Central Intelligence Agency Retirement Act of 1964 for Certain

Employees [Pub. L. 88-643] to provide for cost-of-living

adjustments in the annuities paid under that Act on an identical

basis, see Pub. L. 96-342, title VIII, Sec. 812(a)(3), (4), (b)(3),

(4), (c), Sept. 8, 1980, 94 Stat. 1098, set out as a note under

section 1401a of Title 10, Armed Forces.

-EXEC-

EXECUTIVE ORDER NO. 11950

Ex. Ord. No. 11950, Jan. 6, 1977, 42 F.R. 1451, conformed Central

Intelligence Agency and Civil Service Retirement and Disability

Systems with respect to cost of living increases in annuities when

there were increases in the price index.

EXECUTIVE ORDER NO. 12023

Ex. Ord. No. 12023, Dec. 1, 1977, 42 F.R. 61443, conformed

Central Intelligence Agency and Civil Service Retirement and

Disability Systems with regard to allotments or assignments of

moneys by annuitants.

EXECUTIVE ORDER NO. 12197

Ex. Ord. No. 12197, Mar. 5, 1980, 45 F.R. 14833, conformed

Central Intelligence Agency Retirement and Disability System to

amendments to Civil Service Retirement and Disability System with

regard to restoration of previously reduced annuities.

EXECUTIVE ORDER NO. 12253

Ex. Ord. No. 12253, Nov. 25, 1980, 45 F.R. 78995, conformed

Central Intelligence Agency and Civil Service Retirement and

Disability Systems with regard to definition of "dependent".

EXECUTIVE ORDER NO. 12273

Ex. Ord. No. 12273, Jan. 16, 1981, 46 F.R. 5854, conformed

Central Intelligence Agency and Civil Service Retirement and

Disability Systems with regard to cost-of-living increases to

annuities.

EXECUTIVE ORDER NO. 12326

Ex. Ord. No. 12326, Sept. 30, 1981, 46 F.R. 48889, as amended by

Ex. Ord. No. 12443, Sept. 27, 1983, 48 F.R. 44751, conformed

Central Intelligence Agency and Civil Service Retirement and

Disability Systems with regard to notification of loss or reduction

of survivor benefits, computation of annuities, cost-of-living

increases, accuracy of information, and withholding of State income

tax.

EXECUTIVE ORDER NO. 12443

Ex. Ord. No. 12443, Sept. 27, 1983, 48 F.R. 44751, conformed

Central Intelligence Agency and Civil Service Retirement and

Disability Systems with regard to restoration of disability

retirement annuities, entitlement to and computation and payment of

annuities, accuracy of information, and adjustments in amounts.

EXECUTIVE ORDER NO. 12485

Ex. Ord. No. 12485, July 13, 1984, 49 F.R. 28827, conformed

Central Intelligence Agency Retirement and Disability System and

Civil Service Retirement and Disability System with regard to prior

service credit.

EXECUTIVE ORDER NO. 12684

Ex. Ord. No. 12684, July 27, 1989, 54 F.R. 31643, conformed

Central Intelligence Agency and Civil Service Retirement and

Disability Systems with regard to considering part-time service in

computing annuities and remarriage of surviving spouses.

-End-

-CITE-

50 USC Sec. 2002 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER I - DEFINITIONS

-HEAD-

Sec. 2002. Definitions relating to participants and annuitants

-STATUTE-

(a) General definitions

When used in subchapter II of this chapter:

(1) Former participant

The term "former participant" means a person who -

(A) while an employee of the Agency was a participant in the

system; and

(B) separates from the Agency without entitlement to

immediate receipt of an annuity from the fund.

(2) Retired participant

The term "retired participant" means a person who -

(A) while an employee of the Agency was a participant in the

system; and

(B) is entitled to receive an annuity from the fund based

upon such person's service as a participant.

(3) Surviving spouse

(A) In general

The term "surviving spouse" means the surviving wife or

husband of a participant or retired participant who (i) was

married to the participant or retired participant for at least

9 months immediately preceding the participant's or retired

participant's death, or (ii) who is the parent of a child born

of the marriage.

(B) Treatment when participant dies less than 9 months after

marriage

In a case in which the participant or retired participant

dies within the 9-month period beginning on the date of the

marriage, the requirement under subparagraph (A)(i) that a

marriage have a duration of at least 9 months immediately

preceding the death of the participant or retired participant

shall be treated as having been met if -

(i) the death of the participant or retired participant was

accidental; or

(ii) the surviving wife or husband had been previously

married to the participant or retired participant (and

subsequently divorced) and the aggregate time married is at

least 9 months.

(4) Former spouse

The term "former spouse" means a former wife or husband of a

participant, former participant, or retired participant as

follows:

(A) Divorces on or before December 4, 1991

In the case of a divorce that became final on or before

December 4, 1991, such term means a former wife or husband of a

participant, former participant, or retired participant who was

married to such participant for not less than 10 years during

periods of the participant's creditable service, at least 5

years of which were spent outside the United States by both

such participant and former wife or husband during the

participant's service as an employee of the Agency.

(B) Divorces after December 4, 1991

In the case of a divorce that becomes final after December 4,

1991, such term means a former wife or husband of a

participant, former participant, or retired participant who was

married to such participant for not less than 10 years during

periods of the participant's creditable service, at least 5

years of which were spent by the participant during the

participant's service as an employee of the Agency (i) outside

the United States, or (ii) otherwise in a position the duties

of which qualified the participant for designation by the

Director as a participant under section 2013 of this title.

(C) Creditable service

For purposes of subparagraphs (A) and (B), the term

"creditable service" means all periods of a participant's

service that are creditable under sections 2081, 2082, and 2083

of this title.

(5) Previous spouse

The term "previous spouse" means an individual who was married

for at least 9 months to a participant, former participant, or

retired participant who had at least 18 months of service which

are creditable under sections 2081, 2082, and 2083 of this title.

(6) Spousal agreement

The term "spousal agreement" means an agreement between a

participant, former participant, or retired participant and the

participant, former participant, or retired participant's spouse

or former spouse that -

(A) is in writing, is signed by the parties, and is

notarized;

(B) has not been modified by court order; and

(C) has been authenticated by the Director.

(7) Court order

The term "court order" means -

(A) a court decree of divorce, annulment, or legal

separation; or

(B) a court order or court-approved property settlement

agreement incident to such court decree of divorce, annulment,

or legal separation.

(8) Court

The term "court" means a court of a State, the District of

Columbia, the Commonwealth of Puerto Rico, Guam, the Northern

Mariana Islands, or the Virgin Islands, and any Indian court.

(b) "Child" defined

For purposes of sections 2031 and 2052 of this title:

(1) In general

The term "child" means any of the following:

(A) Minor children

An unmarried dependent child under 18 years of age, including

-

(i) an adopted child;

(ii) a stepchild, but only if the stepchild lived with the

participant or retired participant in a regular parent-child

relationship;

(iii) a recognized natural child; and

(iv) a child who lived with the participant, for whom a

petition of adoption was filed by the participant or retired

participant, and who is adopted by the surviving spouse after

the death of the participant or retired participant.

(B) Disabled adult children

An unmarried dependent child, regardless of age, who is

incapable of self-support because of a physical or mental

disability incurred before age 18.

(C) Students

An unmarried dependent child between 18 and 22 years of age

who is a student regularly pursuing a full-time course of study

or training in residence in a high school, trade school,

technical or vocational institute, junior college, college,

university, or comparable recognized educational institution.

(2) Special rules for students

(A) Extension of age termination of status as "child"

For purposes of this subsection, a child whose 22nd birthday

occurs before July 1 or after August 31 of a calendar year, and

while regularly pursuing such a course of study or training,

shall be treated as having attained the age of 22 on the first

day of July following that birthday.

(B) Treatment of interim period between school years

A child who is a student is deemed not to have ceased to be a

student during an interim between school years if the interim

does not exceed 5 months and if the child shows to the

satisfaction of the Director that the child has a bona fide

intention of continuing to pursue a course of study or training

in the same or different school during the school semester (or

other period into which the school year is divided) immediately

following the interim.

(3) "Dependent" defined

For purposes of this subsection, the term "dependent", with

respect to the child of a participant or retired participant,

means that the participant or retired participant was, at the

time of the death of the participant or retired participant,

either living with or contributing to the support of the child,

as determined in accordance with regulations prescribed under

subchapter II of this chapter.

(4) Exclusion of stepchildren from lump-sum payment

For purposes of section 2071(c) of this title, the term "child"

includes an adopted child and a natural child, but does not

include a stepchild.

-SOURCE-

(Pub. L. 88-643, title I, Sec. 102, as added Pub. L. 102-496, title

VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3198.)

-MISC1-

PRIOR PROVISIONS

A prior section 111 of Pub. L. 88-643, title I, Oct. 13, 1964, 78

Stat. 1043; Pub. L. 94-522, title I, Sec. 101, Oct. 17, 1976, 90

Stat. 2467, provided definitions for Pub. L. 88-643 and was set out

as a note under section 403 of this title prior to the general

amendment of Pub. L. 88-643 by section 802 of Pub. L. 102-496.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 403n, 403s, 2031, 2154 of

this title.

-End-

-CITE-

50 USC SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY

RETIREMENT AND DISABILITY SYSTEM 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

-HEAD-

SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 2001, 2002, 2151, 2154

of this title; title 22 sections 4071b, 4071c, 4071d.

-End-

-CITE-

50 USC Part A - Establishment of System 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Part A - Establishment of System

-HEAD-

PART A - ESTABLISHMENT OF SYSTEM

-End-

-CITE-

50 USC Sec. 2011 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Part A - Establishment of System

-HEAD-

Sec. 2011. CIARDS system

-STATUTE-

(a) In general

(1) Establishment of system

There is a retirement and disability system for certain

employees of the Central Intelligence Agency known as the Central

Intelligence Agency Retirement and Disability System (hereinafter

in this chapter referred to as the "system"), originally

established pursuant to title II of the Central Intelligence

Agency Retirement Act of 1964 for Certain Employees.

(2) DCI regulations

The Director shall prescribe regulations for the system. The

Director shall submit any proposed regulations for the system to

the congressional intelligence committees not less than 14 days

before they take effect.

(b) Administration of system

The Director shall administer the system in accordance with

regulations prescribed under this subchapter and with the

principles established by this subchapter.

(c) Finality of decisions of DCI

In the interests of the security of the foreign intelligence

activities of the United States and in order further to implement

paragraph (6) (!1) of section 403-3(c) of this title that the

Director of Central Intelligence shall be responsible for

protecting intelligence sources and methods from unauthorized

disclosure, and notwithstanding the provisions of chapter 7 of

title 5 or any other provision of law (except section 2155(b) of

this title), any determination by the Director authorized by this

chapter shall be final and conclusive and shall not be subject to

review by any court.

-SOURCE-

(Pub. L. 88-643, title II, Sec. 201, as added Pub. L. 102-496,

title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3201; amended Pub.

L. 103-178, title II, Sec. 202(a)(2), Dec. 3, 1993, 107 Stat. 2026;

Pub. L. 105-272, title IV, Sec. 403(b), Oct. 20, 1998, 112 Stat.

2404.)

-REFTEXT-

REFERENCES IN TEXT

The Central Intelligence Agency Retirement Act of 1964 for

Certain Employees, referred to in subsec. (a)(1), is Pub. L.

88-643, Oct. 13, 1964, 78 Stat. 1043, as amended, which was

formerly set out as a note under section 403 of this title. Pub. L.

88-643 was revised generally by Pub. L. 102-496, title VIII, Sec.

802, Oct. 24, 1992, 106 Stat. 3196, and is now known as the Central

Intelligence Agency Retirement Act. As so revised, title II of Pub.

L. 88-643 is classified generally to this subchapter.

Paragraph (6) of section 403-3(c) of this title, referred to in

subsec. (c), was redesignated par. (7) of section 403-3(c) and a

new par. (6) was added by Pub. L. 107-56, title IX, Sec. 901, Oct.

28, 2001, 115 Stat. 387.

-MISC1-

PRIOR PROVISIONS

A prior section 201 of Pub. L. 88-643, title II, Oct. 13, 1964,

78 Stat. 1043; Pub. L. 98-618, title III, Sec. 302, Nov. 8, 1984,

98 Stat. 3300; Pub. L. 99-335, title V, Sec. 501(1), June 6, 1986,

100 Stat. 622, related to rules and regulations and was set out as

a note under section 403 of this title prior to the general

amendment of Pub. L. 88-643 by section 802 of Pub. L. 102-496.

AMENDMENTS

1998 - Subsec. (c). Pub. L. 105-272 substituted "paragraph (6) of

section 403-3(c) of this title" for "section 403-3(c)(5) of this

title".

1993 - Subsec. (c). Pub. L. 103-178 substituted "section

403-3(c)(5) of this title" for "the proviso of section 403(d)(3) of

this title".

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-178 effective Feb. 1, 1993, see section

202(b) of Pub. L. 103-178, set out as a note under section 2001 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2155 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

50 USC Sec. 2012 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Part A - Establishment of System

-HEAD-

Sec. 2012. Central Intelligence Agency Retirement and Disability

Fund

-STATUTE-

The Director shall maintain the fund in the Treasury known as the

"Central Intelligence Agency Retirement and Disability Fund"

(hereinafter in this chapter referred to as the "fund"), originally

created pursuant to title II of the Central Intelligence Agency

Retirement Act of 1964 for Certain Employees.

-SOURCE-

(Pub. L. 88-643, title II, Sec. 202, as added Pub. L. 102-496,

title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3201.)

-REFTEXT-

REFERENCES IN TEXT

The Central Intelligence Agency Retirement Act of 1964 for

Certain Employees, referred to in text, is Pub. L. 88-643, Oct. 13,

1964, 78 Stat. 1043, as amended, which was formerly set out as a

note under section 403 of this title. Pub. L. 88-643 was revised

generally by Pub. L. 102-496, title VIII, Sec. 802, Oct. 24, 1992,

106 Stat. 3196, and is now known as the Central Intelligence Agency

Retirement Act. As so revised, title II of Pub. L. 88-643 is

classified generally to this subchapter.

-MISC1-

PRIOR PROVISIONS

A prior section 202 of Pub. L. 88-643, title II, Oct. 13, 1964,

78 Stat. 1043, related to establishment and maintenance of the

Central Intelligence Agency Retirement and Disability Fund and was

set out as a note under section 403 of this title prior to the

general amendment of Pub. L. 88-643 by section 802 of Pub. L.

102-496.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 403j of this title.

-End-

-CITE-

50 USC Sec. 2013 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Part A - Establishment of System

-HEAD-

Sec. 2013. Participants in CIARDS system

-STATUTE-

(a) Designation of participants

The Director may from time to time designate employees of the

Agency who shall be entitled to participate in the system.

Employees so designated who elect to participate in the system are

referred to in this chapter as "participants".

(b) Qualifying service

Designation of employees under this section may be made only from

among employees of the Agency who have completed at least 5 years

of qualifying service. For purposes of this chapter, qualifying

service is service in the Agency performed in carrying out duties

that are determined by the Director -

(1) to be in support of Agency activities abroad hazardous to

life or health; or

(2) to be so specialized because of security requirements as to

be clearly distinguishable from normal government employment.

(c) Election of employee to be participant

(1) Permanence of election

An employee of the Agency who elects to accept designation as a

participant in the system shall remain a participant of the

system for the duration of that individual's employment with the

Agency.

(2) Irrevocability of election

Such an election shall be irrevocable except as and to the

extent provided in section 2151(d) of this title.

(3) Election not subject to approval

An election under this section is not subject to review or

approval by the Director.

-SOURCE-

(Pub. L. 88-643, title II, Sec. 203, as added Pub. L. 102-496,

title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3202.)

-MISC1-

PRIOR PROVISIONS

A prior section 203 of Pub. L. 88-643, title II, Oct. 13, 1964,

78 Stat. 1044; Pub. L. 102-88, title III, Sec. 303, Aug. 14, 1991,

105 Stat. 431, related to participants in the system and was set

out as a note under section 403 of this title prior to the general

amendment of Pub. L. 88-643 by section 802 of Pub. L. 102-496.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 403p, 403r, 403s, 2001,

2002, 2151, 2152, 2154 of this title.

-End-

-CITE-

50 USC Sec. 2014 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Part A - Establishment of System

-HEAD-

Sec. 2014. Annuitants

-STATUTE-

Persons who are annuitants under the system are -

(1) those persons who, on the basis of their service in the

Agency, have met all requirements for an annuity under this

subchapter or any other Act and are receiving an annuity from the

fund; and

(2) those persons who, on the basis of someone else's service,

meet all the requirements under this subchapter or any other Act

for an annuity payable from the fund.

-SOURCE-

(Pub. L. 88-643, title II, Sec. 204, as added Pub. L. 102-496,

title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3202.)

-MISC1-

PRIOR PROVISIONS

A prior section 204 of Pub. L. 88-643, title II, Oct. 13, 1964,

78 Stat. 1044; Pub. L. 91-626, Sec. 1, Dec. 31, 1970, 84 Stat.

1872; Pub. L. 94-552, title II, Sec. 201, Oct. 17, 1976, 90 Stat.

2468; Pub. L. 97-269, title VI, Sec. 602, Sept. 27, 1982, 96 Stat.

1145; Pub. L. 99-335, title V, Sec. 501(2), June 6, 1986, 100 Stat.

622; Pub. L. 102-88, title III, Sec. 302, Aug. 14, 1991, 105 Stat.

431; Pub. L. 102-183, title III, Secs. 302(c), 310(a), Dec. 4,

1991, 105 Stat. 1263, 1266, related to annuitants under the system

and was set out as a note under section 403 of this title prior to

the general amendment of Pub. L. 88-643 by section 802 of Pub. L.

102-496.

-End-

-CITE-

50 USC Part B - Contributions 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Part B - Contributions

-HEAD-

PART B - CONTRIBUTIONS

-End-

-CITE-

50 USC Sec. 2021 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Part B - Contributions

-HEAD-

Sec. 2021. Contributions to fund

-STATUTE-

(a) In general

(1) Participant's contributions

Except as provided in subsection (d) of this section, 7 percent

of the basic pay received by a participant for any pay period

shall be deducted and withheld from the pay of that participant

and contributed to the fund.

(2) Agency contributions

An equal amount shall be contributed to the fund for that pay

period from the appropriation or fund which is used for payment

of the participant's basic pay.

(3) Deposits to the fund

The amounts deducted and withheld from basic pay, together with

the amounts so contributed from the appropriation or fund, shall

be deposited by the Director to the credit of the fund.

(b) Consent of participant to deductions from pay

Each participant shall be deemed to consent and agree to such

deductions from basic pay, and payment less such deductions shall

be a full and complete discharge and acquittance of all claims and

demands whatsoever for all regular services during the period

covered by such payment, except the right to the benefits to which

the participant is entitled under this subchapter, notwithstanding

any law, rule, or regulation affecting the individual's pay.

(c) Treatment of contributions after 35 years of service

(1) Accrual of interest

Amounts deducted and withheld from the basic pay of a

participant under this section for pay periods after the first

day of the first pay period beginning after the day on which the

participant completes 35 years of creditable service computed

under sections 2081 and 2082 of this title (excluding service

credit for unused sick leave under section 2031(a)(2) of this

title) shall accrue interest. Such interest shall accrue at the

rate of 3 percent a year through December 31, 1984, and

thereafter at the rate computed under section 8334(e) of title 5,

and shall be compounded annually from the date on which the

amount is so deducted and withheld until the date of the

participant's retirement or death.

(2) Use of amounts withheld after 35 years of service

(A) Use for deposits due under section 2082(b)

Amounts described in paragraph (1), including interest

accrued on such amounts, shall be applied upon the

participant's retirement or death toward any deposit due under

section 2082(b) of this title.

(B) Lump-sum payment

Any balance of such amounts not so required for such a

deposit shall be refunded to the participant in a lump sum

after the participant's separation (or, in the event of a death

in service, to a beneficiary in order of precedence specified

in subsection (!1) 2071(c) of this title), subject to prior

notification of a current spouse, if any, unless the

participant establishes to the satisfaction of the Director, in

accordance with regulations which the Director may prescribe,

that the participant does not know, and has taken all

reasonable steps to determine, the whereabouts of the current

spouse.

(C) Purchases of additional elective benefits

In lieu of such a lump-sum payment, the participant may use

such amounts -

(i) to purchase an additional annuity in accordance with

section 2121 of this title; or

(ii) provide any additional survivor benefit for a current

or former spouse or spouses.

(d) Offset for social security taxes

(1) Persons covered

In the case of a participant who was a participant subject to

this subchapter before January 1, 1984, and whose service -

(A) is employment for the purposes of title II of the Social

Security Act [42 U.S.C. 401 et seq.] and chapter 21 of title

26, and

(B) is not creditable service for any purpose under

subchapter III of this chapter or chapter 84 of title 5,

there shall be deducted and withheld from the basic pay of the

participant under this section during any pay period only the

amount computed under paragraph (2).

(2) Reduction in contribution

The amount deducted and withheld from the basic pay of a

participant during any pay period pursuant to paragraph (1) shall

be the excess of -

(A) the amount determined by multiplying the percent

applicable to the participant under subsection (a) of this

section by the basic pay payable to the participant for that

pay period, over

(B) the amount of the taxes deducted and withheld from such

basic pay under section 3101(a) of title 26 (relating to

old-age, survivors, and disability insurance) for that pay

period.

-SOURCE-

(Pub. L. 88-643, title II, Sec. 211, as added Pub. L. 102-496,

title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3202; amended Pub.

L. 103-178, title II, Sec. 202(a)(3), Dec. 3, 1993, 107 Stat.

2026.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (d)(1)(A), is act

Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the

Act is classified generally to subchapter II (Sec. 401 et seq.) of

chapter 7 of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see section 1305 of Title

42 and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 211 of Pub. L. 88-643, title II, Oct. 13, 1964,

78 Stat. 1045; Pub. L. 91-185, Sec. 1, Dec. 30, 1969, 83 Stat. 847;

Pub. L. 97-269, title VI, Sec. 611, Sept. 27, 1982, 96 Stat. 1153;

Pub. L. 99-335, title V, Secs. 501(2), 502, June 6, 1986, 100 Stat.

622, 623; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095,

related to compulsory contributions to the fund and was set out as

a note under section 403 of this title prior to the general

amendment of Pub. L. 88-643 by section 802 of Pub. L. 102-496.

AMENDMENTS

1993 - Subsec. (c)(2)(B). Pub. L. 103-178 substituted "prior

notification of a current spouse, if any, unless the participant

establishes to the satisfaction of the Director, in accordance with

regulations which the Director may prescribe, that the participant

does not know, and has taken all reasonable steps to determine, the

whereabouts of the current spouse" for "the requirement under

section 2071(b)(4) of this title".

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-178 effective Feb. 1, 1993, see section

202(b) of Pub. L. 103-178, set out as a note under section 2001 of

this title.

TEMPORARY ADJUSTMENT OF CONTRIBUTION LEVELS

Pub. L. 106-346, Sec. 101(a) [title V, Sec. 505(g)], Oct. 23,

2000, 114 Stat. 1356, 1356A-54, provided that: "Notwithstanding

section 211(a)(2) of the Central Intelligence Agency Retirement Act

(50 U.S.C. 2021(a)(2)), during the period beginning on October 1,

2002, through December 31, 2002, the Central Intelligence Agency

shall contribute 7.5 percent of the basic pay of an employee

participating in the Central Intelligence Agency Retirement and

Disability System in lieu of the agency contribution otherwise

required under section 211(a)(2) of such Act."

Pub. L. 105-33, title VII, Sec. 7001(c)(1), (2), Aug. 5, 1997,

111 Stat. 658, as amended by Pub. L. 106-346, Sec. 101(a) [title V,

Sec. 505(c)(1)], Oct. 23, 2000, 114 Stat. 1356, 1356A-53, provided

that:

"(1) Agency contributions. - Notwithstanding section 211(a)(2) of

the Central Intelligence Agency Retirement Act (50 U.S.C.

2021(a)(2)), during the period beginning on October 1, 1997,

through September 30, 2002, the Central Intelligence Agency shall

contribute 8.51 percent of the basic pay of an employee

participating in the Central Intelligence Agency Retirement and

Disability System in lieu of the agency contribution otherwise

required under section 211(a)(2) of such Act.

"(2) Individual deductions, withholdings, and deposits. -

Notwithstanding section 211(a)(1) of the Central Intelligence

Agency Retirement Act (50 U.S.C. 2021(a)(1)) beginning on January

1, 1999, through December 31, 2000, the percentage deducted and

withheld from the basic pay of an employee participating in the

Central Intelligence Agency Retirement and Disability System shall

be as follows:

7.25 January 1, 1999, to December 31,

1999.

7.4 January 1, 2000, to December 31,

2000."

--------------------------------------------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2031, 2091, 2111 of this

title.

-FOOTNOTE-

(!1) So in original. Probably should be "section".

-End-

-CITE-

50 USC Part C - Computation of Annuities 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Part C - Computation of Annuities

-HEAD-

PART C - COMPUTATION OF ANNUITIES

-End-

-CITE-

50 USC Sec. 2031 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Part C - Computation of Annuities

-HEAD-

Sec. 2031. Computation of annuities

-STATUTE-

(a) Annuity of participant

(1) Computation of annuity

The annuity of a participant is the product of -

(A) the participant's high-3 average pay (as defined in

paragraph (4)); and

(B) the number of years, not exceeding 35, of service credit

(determined in accordance with sections 2081 and 2082 of this

title) multiplied by 2 percent.

(2) Credit for unused sick leave

The total service of a participant who retires on an immediate

annuity (except under section 2051 of this title) or who dies

leaving a survivor or survivors entitled to an annuity shall

include (without regard to the 35-year limitation prescribed in

paragraph (1)) the days of unused sick leave to the credit of the

participant. Days of unused sick leave may not be counted in

determining average basic pay or eligibility for an annuity under

this subchapter. A deposit shall not be required for days of

unused sick leave credited under this paragraph.

(3) Crediting of part-time service

(A) In general

In the case of a participant whose service includes service

on a part-time basis performed after April 6, 1986, the

participant's annuity shall be the sum of the amounts

determined under subparagraphs (B) and (C).

(B) Computation of pre-April 7, 1986, annuity

The portion of an annuity referred to in subparagraph (A)

with respect to service before April 7, 1986, shall be the

amount computed under paragraph (1) using the participant's

length of service before that date (increased by the unused

sick leave to the credit of the participant at the time of

retirement) and the participant's high-3 average pay.

(C) Computation of post-April 6, 1986, annuity

The portion of an annuity referred to in subparagraph (A)

with respect to service after April 6, 1986, shall be the

product of -

(i) the amount computed under paragraph (1), using the

participant's length of service after that date and the

participant's high-3 average pay, as determined by using the

annual rate of basic pay that would be payable for full-time

service; and

(ii) the ratio which the participant's actual service after

April 6, 1986 (as determined by prorating the participant's

total service after that date to reflect the service that was

performed on a part-time basis) bears to the total service

after that date that would be creditable for the participant

if all the service had been performed on a full-time basis.

(D) Treatment of employment on temporary or intermittent basis

Employment on a temporary or intermittent basis shall not be

considered to be service on a part-time basis for purposes of

this paragraph.

(4) High-3 average pay defined

For purposes of this subsection, a participant's high-3 average

pay is the amount of the participant's average basic pay for the

highest 3 consecutive years of the participant's service for

which full contributions have been made to the fund.

(5) Computation of service

In determining the aggregate period of service upon which an

annuity is to be based, any fractional part of a month shall not

be counted.

(b) Spouse or former spouse survivor annuity

(1) Reduction in participant's annuity to provide spouse or

former spouse survivor annuity

(A) General rule

Except to the extent provided otherwise under a written

election under subparagraph (B) or (C), if at the time of

retirement a participant or former participant is married (or

has a former spouse who has not remarried before attaining age

55), the participant shall receive a reduced annuity and

provide a survivor annuity for the participant's spouse under

this subsection or former spouse under section 2032(b) of this

title, or a combination of such annuities, as the case may be.

(B) Joint election for waiver or reduction of spouse survivor

annuity

A married participant or former participant and the

participant's spouse may jointly elect in writing at the time

of retirement to waive a survivor annuity for that spouse under

this section or to reduce such survivor annuity under this

section by designating a portion of the annuity of the

participant as the base for the survivor annuity. If the

marriage is dissolved following an election for such a reduced

annuity and the spouse qualifies as a former spouse, the base

used in calculating any annuity of the former spouse under

section 2032(b) of this title may not exceed the portion of the

participant's annuity designated under this subparagraph.

(C) Joint election of participant and former spouse

If a participant or former participant has a former spouse,

such participant and the participant's former spouse may

jointly elect by spousal agreement under section 2094(b) of

this title to waive, reduce, or increase a survivor annuity

under section 2032(b) of this title for that former spouse. Any

such election must be made (i) before the end of the 12-month

period beginning on the date on which the divorce or annulment

involving that former spouse becomes final, or (ii) at the time

of retirement of the participant, whichever is later.

(D) Unilateral elections in absence of spouse or former spouse

The Director may prescribe regulations under which a

participant or former participant may make an election under

subparagraph (B) or (C) without the participant's spouse or

former spouse if the participant establishes to the

satisfaction of the Director that the participant does not

know, and has taken all reasonable steps to determine, the

whereabouts of the spouse or former spouse.

(2) Amount of reduction in participant's annuity

The annuity of a participant or former participant providing a

survivor annuity under this section (or section 2032(b) of this

title), excluding any portion of the annuity not designated or

committed as a base for any survivor annuity, shall be reduced by

2 1/2 percent of the first $3,600 plus 10 percent of any amount

over $3,600. The reduction under this paragraph shall be

calculated before any reduction under section 2032(a)(5) of this

title.

(3) Amount of surviving spouse annuity

(A) In general

If a retired participant receiving a reduced annuity under

this subsection dies and is survived by a spouse, a survivor

annuity shall be paid to the surviving spouse. The amount of

the annuity shall be equal to 55 percent of (i) the full amount

of the participant's annuity computed under subsection (a) of

this section, or (ii) any lesser amount elected as the base for

the survivor annuity under paragraph (1)(B).

(B) Limitation

Notwithstanding subparagraph (A), the amount of the annuity

calculated under subparagraph (A) for a surviving spouse in any

case in which there is also a surviving former spouse of the

retired participant who qualifies for an annuity under section

2032(b) of this title may not exceed 55 percent of the portion

(if any) of the base for survivor annuities which remains

available under section 2032(b)(4)(B) of this title.

(C) Effective date and termination of annuity

An annuity payable from the fund to a surviving spouse under

this paragraph shall commence on the day after the retired

participant dies and shall terminate on the last day of the

month before the surviving spouse's death or remarriage before

attaining age 55. If such survivor annuity is terminated

because of remarriage, it shall be restored at the same rate

commencing on the date such remarriage is dissolved by death,

annulment, or divorce if any lump sum paid upon termination of

the annuity is returned to the fund.

(c) 18-month open period after retirement to provide spouse

coverage

(1) Survivor annuity elections

(A) Election when spouse coverage waived at time of retirement

A participant or former participant who retires after March

31, 1992 and who -

(i) is married at the time of retirement; and

(ii) elects at that time (in accordance with subsection (b)

of this section) to waive a survivor annuity for the spouse,

may, during the 18-month period beginning on the date of the

retirement of the participant, elect to have a reduction under

subsection (b) of this section made in the annuity of the

participant (or in such portion thereof as the participant may

designate) in order to provide a survivor annuity for the

participant's spouse.

(B) Election when reduced spouse annuity elected

A participant or former participant who retires after March

31, 1992, and -

(i) who, at the time of retirement, is married, and

(ii) who, at that time designates (in accordance with

subsection (b) of this section) that a portion of the annuity

of such participant is to be used as the base for a survivor

annuity,

may, during the 18-month period beginning on the date of the

retirement of such participant, elect to have a greater portion

of the annuity of such participant so used.

(2) Deposit required

(A) Requirement

An election under paragraph (1) shall not be effective unless

the amount specified in subparagraph (B) is deposited into the

fund before the end of that 18-month period.

(B) Amount of deposit

The amount to be deposited with respect to an election under

this subsection is the amount equal to the sum of the

following:

(i) Additional cost to system

The additional cost to the system that is associated with

providing a survivor annuity under subsection (b) of this

section and that results from such election, taking into

account -

(I) the difference (for the period between the date on

which the annuity of the participant or former participant

commences and the date of the election) between the amount

paid to such participant or former participant under this

subchapter and the amount which would have been paid if

such election had been made at the time the participant or

former participant applied for the annuity; and

(II) the costs associated with providing for the later

election.

(ii) Interest

Interest on the additional cost determined under clause

(i), computed using the interest rate specified or determined

under section 8334(e) of title 5 for the calendar year in

which the amount to be deposited is determined.

(3) Voiding of previous elections

An election by a participant or former participant under this

subsection voids prospectively any election previously made in

the case of such participant under subsection (b) of this

section.

(4) Reductions in annuity

An annuity that is reduced in connection with an election under

this subsection shall be reduced by the same percentage

reductions as were in effect at the time of the retirement of the

participant or former participant whose annuity is so reduced.

(5) Rights and obligations resulting from reduced annuity

election

Rights and obligations resulting from the election of a reduced

annuity under this subsection shall be the same as the rights and

obligations that would have resulted had the participant involved

elected such annuity at the time of retirement.

(d) Annuities for surviving children

(1) Participants dying before April 1, 1992

In the case of a retired participant who died before April 1,

1992, and who is survived by a child or children -

(A) if the retired participant was survived by a spouse,

there shall be paid from the fund to or on behalf of each such

surviving child an annuity determined under paragraph (3)(A);

and

(B) if the retired participant was not survived by a spouse,

there shall be paid from the fund to or on behalf of each such

surviving child an annuity determined under paragraph (3)(B).

(2) Participants dying on or after April 1, 1992

In the case of a retired participant who dies on or after April

1, 1992, and who is survived by a child or children -

(A) if the retired participant is survived by a spouse or

former spouse who is the natural or adoptive parent of a

surviving child of the participant, there shall be paid from

the fund to or on behalf of each such surviving child an

annuity determined under paragraph (3)(A); and

(B) if the retired participant is not survived by a spouse or

former spouse who is the natural or adoptive parent of a

surviving child of the participant, there shall be paid to or

on behalf of each such surviving child an annuity determined

under paragraph (3)(B).

(3) Amount of annuity

(A) The annual amount of an annuity for the surviving child of

a participant covered by paragraph (1)(A) or (2)(A) of this

subsection (or covered by paragraph (1)(A) or (2)(A) of section

2052(c) of this title) is the smallest of the following:

(i) 60 percent of the participant's high-3 average pay, as

determined under subsection (a)(4) of this section, divided by

the number of children.

(ii) $900, as adjusted under section 2131 of this title.

(iii) $2,700, as adjusted under section 2131 of this title,

divided by the number of children.

(B) The amount of an annuity for the surviving child of a

participant covered by paragraph (1)(B) or (2)(B) of this

subsection (or covered by paragraph (1)(B) or (2)(B) of section

2052(c) of this title) is the smallest of the following:

(i) 75 percent of the participant's high-3 average pay, as

determined under subsection (a)(4) of this section, divided by

the number of children.

(ii) $1,080, as adjusted under section 2131 of this title.

(iii) $3,240, as adjusted under section 2131 of this title,

divided by the number of children.

(4) Recomputation of child annuities

(A) In the case of a child annuity payable under paragraph (1),

upon the death of a surviving spouse or the termination of the

annuity of a child, the annuities of any remaining children shall

be recomputed and paid as though the spouse or child had not

survived the retired participant.

(B) In the case of a child annuity payable under paragraph (2),

upon the death of a surviving spouse or former spouse or

termination of the annuity of a child, the annuities of any

remaining children shall be recomputed and paid as though the

spouse, former spouse, or child had not survived the retired

participant. If the annuity of a surviving child who has not been

receiving an annuity is initiated or resumed, the annuities of

any other children shall be recomputed and paid from that date as

though the annuities of all currently eligible children were then

being initiated.

(5) "Former spouse" defined

For purposes of this subsection, the term "former spouse"

includes any former wife or husband of the retired participant,

regardless of the length of marriage or the amount of creditable

service completed by the participant.

(e) Commencement and termination of child annuities

(1) Commencement

An annuity payable to a child under subsection (d) of this

section, or under section 2052(c) of this title, shall begin on

the day after the date on which the participant or retired

participant dies or, in the case of an individual over the age of

18 who is not a child within the meaning of section 2002(b) of

this title, shall begin or resume on the first day of the month

in which the individual later becomes or again becomes a student

as described in section 2002(b) of this title. Such annuity may

not commence until any lump-sum that has been paid is returned to

the fund.

(2) Termination

Such an annuity shall terminate on the last day of the month

before the month in which the recipient of the annuity dies or no

longer qualifies as a child (as defined in section 2002(b) of

this title).

(f) Participants not married at time of retirement

(1) Designation of persons with insurable interest

(A) Authority to make designation

Subject to the rights of former spouses under subsection (b)

of this section and section 2032 of this title, at the time of

retirement an unmarried participant found by the Director to be

in good health may elect to receive an annuity reduced in

accordance with subparagraph (B) and designate in writing an

individual having an insurable interest in the participant to

receive an annuity under the system after the participant's

death. The amount of such an annuity shall be equal to 55

percent of the participant's reduced annuity.

(B) Reduction in participant's annuity

The annuity payable to the participant making such election

shall be reduced by 10 percent of an annuity computed under

subsection (a) of this section and by an additional 5 percent

for each full 5 years the designated individual is younger than

the participant. The total reduction under this subparagraph

may not exceed 40 percent.

(C) Commencement of survivor annuity

The annuity payable to the designated individual shall begin

on the day after the retired participant dies and terminate on

the last day of the month before the designated individual

dies.

(D) Recomputation of participant's annuity on death of

designated individual

An annuity which is reduced under this paragraph shall,

effective the first day of the month following the death of the

designated individual, be recomputed and paid as if the annuity

had not been so reduced.

(2) Election of survivor annuity upon subsequent marriage

A participant who is unmarried at the time of retirement and

who later marries may irrevocably elect, in a signed writing

received by the Director within one year after the marriage, to

receive a reduced annuity as provided in subsection (b) of this

section. Such election and reduction shall be effective on the

first day of the month beginning 9 months after the date of

marriage. The election voids prospectively any election

previously made under paragraph (1).

(g) Effect of divorce after retirement

(1) Recomputation of retired participant's annuity upon divorce

An annuity which is reduced under this section (or any similar

prior provision of law) to provide a survivor annuity for a

spouse shall, if the marriage of the retired participant to such

spouse is dissolved, be recomputed and paid for each full month

during which a retired participant is not married (or is

remarried, if there is no election in effect under paragraph (2))

as if the annuity had not been so reduced, subject to any

reduction required to provide a survivor annuity under subsection

(b) or (c) of section 2032 of this title or under section 2036 of

this title.

(2) Election of survivor annuity upon subsequent remarriage

(A) In general

Upon remarriage, the retired participant may irrevocably

elect, by means of a signed writing received by the Director

within one year after such remarriage, to receive a reduced

annuity for the purpose of providing an annuity for the new

spouse of the retired participant in the event such spouse

survives the retired participant. Such reduction shall be equal

to the reduction in effect immediately before the dissolution

of the previous marriage (unless such reduction is adjusted

under section 2032(b)(5) of this title or elected under

subparagraph (B)).

(B) When annuity previously not (or not fully) reduced

(i) Election

If the retired participant's annuity was not reduced (or

was not fully reduced) to provide a survivor annuity for the

participant's spouse or former spouse as of the time of

retirement, the retired participant may make an election

under the first sentence of subparagraph (A) upon remarriage

to a spouse other than the spouse at the time of retirement.

For any remarriage that occurred before August 14, 1991, the

retired participant may make such an election within 2 years

after such date.

(ii) Deposit required

(I) The retired participant shall, within one year after

the date of the remarriage (or by August 14, 1993 for any

remarriage that occurred before August 14, 1991), deposit in

the fund an amount determined by the Director, as nearly as

may be administratively feasible, to reflect the amount by

which the retired participant's annuity would have been

reduced if the election had been in effect since the date the

annuity commenced, plus interest.

(II) The annual rate of interest for each year during which

the retired participant's annuity would have been reduced if

the election had been in effect since the date the annuity

commenced shall be 6 percent.

(III) If the retired participant does not make the deposit,

the Director shall collect such amount by offset against the

participant's annuity, up to a maximum of 25 percent of the

net annuity otherwise payable to the retired participant, and

the retired participant is deemed to consent to such offset.

(IV) The deposit required by this subparagraph may be made

by the surviving spouse of the retired participant.

(C) Effects of election

An election under this paragraph and the reduction in the

participant's annuity shall be effective on the first day of

the month beginning 9 months after the date of remarriage. A

survivor annuity elected under this paragraph shall be treated

in all respects as a survivor annuity under subsection (b) of

this section.

(h) Coordination of annuities

(1) Surviving spouse

A surviving spouse whose survivor annuity was terminated

because of remarriage before attaining age 55 shall not be

entitled under subsection (b)(3)(C) of this section to the

restoration of that survivor annuity payable from the fund unless

the surviving spouse elects to receive it instead of any other

survivor annuity to which the surviving spouse may be entitled

under the system or any other retirement system for Government

employees by reason of the remarriage.

(2) Former spouse

A surviving former spouse of a participant or retired

participant shall not become entitled under section 2032(b) or

2034 of this title to a survivor annuity or to the restoration of

a survivor annuity payable from the fund unless the surviving

former spouse elects to receive it instead of any other survivor

annuity to which the surviving former spouse may be entitled

under this or any other retirement system for Government

employees on the basis of a marriage to someone other than the

participant.

(3) Surviving spouse of post-retirement marriage

A surviving spouse who married a participant after the

participant's retirement shall be entitled to a survivor annuity

payable from the fund only upon electing that annuity instead of

any other survivor annuity to which the surviving spouse may be

entitled under this or any other retirement system for Government

employees on the basis of a marriage to someone other than the

retired participant.

(i) Supplemental survivor annuities

(1) Spouse of recalled annuitant

A married recalled annuitant who reverts to retired status with

entitlement to a supplemental annuity under section 2111(b) of

this title shall, unless the annuitant and the annuitant's spouse

jointly elect in writing to the contrary at the time of reversion

to retired status, have the supplemental annuity reduced by 10

percent to provide a supplemental survivor annuity for the

annuitant's spouse. Such supplemental survivor annuity shall be

equal to 55 percent of the supplemental annuity of the annuitant.

(2) Regulations

The Director shall prescribe regulations to provide for the

application of paragraph (1) of this subsection and of subsection

(b) of section 2111 of this title in any case in which an

annuitant has a former spouse who was married to the recalled

annuitant at any time during the period of recall service and who

qualifies for an annuity under section 2032(b) of this title.

(j) Offset of annuities by amount of social security benefit

Notwithstanding any other provision of this subchapter, an

annuity (including a disability annuity) payable under this

subchapter to an individual described in sections 2021(d)(1) and

2151(c)(1) of this title and any survivor annuity payable under

this subchapter on the basis of the service of such individual

shall be reduced in a manner consistent with section 8349 of title

5, under conditions consistent with the conditions prescribed in

that section.

(k) Information from other agencies

(1) Other agencies

For the purpose of ensuring the accuracy of the information

used in the determination of eligibility for and the computation

of annuities payable from the fund under this subchapter, at the

request of the Director -

(A) the Secretary of Defense shall provide information on

retired or retainer pay paid under title 10;

(B) the Secretary of Veterans Affairs shall provide

information on pensions or compensation paid under title 38;

(C) the Secretary of Health and Human Services shall provide

information contained in the records of the Social Security

Administration; and

(D) the Secretary of Labor shall provide information on

benefits paid under subchapter I of chapter 81 of title 5.

(2) Limitation on information requested

The Director shall request only such information as the

Director determines is necessary.

(3) Limitation on uses of information

The Director, in consultation with the officials from whom

information is requested, shall ensure that information made

available under this subsection is used only for the purposes

authorized.

(l) Information on rights under system

The Director shall, on an annual basis -

(1) inform each retired participant of the participant's right

of election under subsections (c), (f)(2), and (g) of this

section; and

(2) to the maximum extent practicable, inform spouses and

former spouses of participants, former participants, and retired

participants of their rights under this chapter.

-SOURCE-

(Pub. L. 88-643, title II, Sec. 221, as added Pub. L. 102-496,

title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3204; amended Pub.

L. 103-178, title II, Sec. 202(a)(4), Dec. 3, 1993, 107 Stat.

2026.)

-MISC1-

PRIOR PROVISIONS

A prior section 221 of Pub. L. 88-643, title II, Oct. 13, 1964,

78 Stat. 1045; Pub. L. 91-185, Sec. 2, Dec. 30, 1969, 83 Stat. 847;

Pub. L. 91-626, Secs. 2, 3, Dec. 31, 1970, 84 Stat. 1872; Pub. L.

94-522, title II, Secs. 202-204, Oct. 17, 1976, 90 Stat. 2468,

2469; Ex. Ord. No. 12326, Secs. 1, 3, 6, Sept. 30, 1981, 46 F.R.

48889, 48890; Pub. L. 97-269, title VI, Secs. 603-605, 610, Sept.

27, 1982, 96 Stat. 1146, 1147, 1153; Ex. Ord. No. 12443, Secs. 4,

7, 8, Sept. 27, 1983, 48 F.R. 44752; Pub. L. 99-335, title V, Secs.

501(2), (3), 503, June 6, 1986, 100 Stat. 622, 623; Pub. L.

100-178, title IV, Sec. 402(b)(1), Dec. 2, 1987, 101 Stat. 1014;

Pub. L. 100-453, title III, Sec. 302(d)(1), (2), Sept. 29, 1988,

102 Stat. 1907; Pub. L. 102-88, title III, Secs. 304(a), 305(a)(1),

306, Aug. 14, 1991, 105 Stat. 431, 432; Pub. L. 102-183, title III,

Secs. 302(a), 303(a), Dec. 4, 1991, 105 Stat. 1262, 1263, related

to computation of annuities for other than former spouses and was

set out as a note under section 403 of this title prior to the

general amendment of Pub. L. 88-643 by section 802 of Pub. L.

102-496.

AMENDMENTS

1993 - Subsec. (a)(4). Pub. L. 103-178, Sec. 202(a)(4)(A), struck

out "(or, in the case of an annuity computed under section 2052 of

this title and based on less than 3 years, over the total service)"

after "years of the participant's service".

Subsec. (f)(1)(A). Pub. L. 103-178, Sec. 202(a)(4)(B), inserted

"after the participant's death" after "under the system" and struck

out "after the participant's death" after "participant's reduced

annuity".

Subsec. (g)(1). Pub. L. 103-178, Sec. 202(a)(4)(C), substituted

"(or is remarried, if" for "(or is remarried if".

Subsec. (j). Pub. L. 103-178, Sec. 202(a)(4)(D), struck out

"(except as provided in paragraph (2))" after "individual shall be

reduced".

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-178 effective Feb. 1, 1993, see section

202(b) of Pub. L. 103-178, set out as a note under section 2001 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 403n, 2002, 2021, 2032,

2033, 2034, 2051, 2052, 2053, 2054, 2055, 2071, 2082, 2111, 2131 of

this title.

-End-

-CITE-

50 USC Sec. 2032 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Part C - Computation of Annuities

-HEAD-

Sec. 2032. Annuities for former spouses

-STATUTE-

(a) Former spouse share of participant's annuity

(1) Pro rata share

Unless otherwise expressly provided by a spousal agreement or

court order under section 2094(b) of this title, a former spouse

of a participant, former participant, or retired participant is

entitled to an annuity -

(A) if married to the participant, former participant, or

retired participant throughout the creditable service of the

participant, equal to 50 percent of the annuity of the

participant; or

(B) if not married to the participant throughout such

creditable service, equal to that proportion of 50 percent of

such annuity that is the proportion that the number of days of

the marriage of the former spouse to the participant during

periods of creditable service of such participant under this

subchapter bears to the total number of days of such creditable

service.

(2) Disqualification upon remarriage before age 55

A former spouse is not qualified for an annuity under this

subsection if before the commencement of that annuity the former

spouse remarries before becoming 55 years of age.

(3) Commencement of annuity

The annuity of a former spouse under this subsection commences

on the day the participant upon whose service the annuity is

based becomes entitled to an annuity under this subchapter or on

the first day of the month after the divorce or annulment

involved becomes final, whichever is later.

(4) Termination of annuity

The annuity of such former spouse and the right thereto

terminate on -

(A) the last day of the month before the month in which the

former spouse dies or remarries before 55 years of age; or

(B) the date on which the annuity of the participant

terminates (except in the case of an annuity subject to

paragraph (5)(B)).

(5) Treatment of participant's annuity

(A) Reduction in participant's annuity

The annuity payable to any participant shall be reduced by

the amount of an annuity under this subsection paid to any

former spouse based upon the service of that participant. Such

reduction shall be disregarded in calculating -

(i) the survivor annuity for any spouse, former spouse, or

other survivor under this subchapter; and

(ii) any reduction in the annuity of the participant to

provide survivor benefits under subsection (b) of this

section or under section 2031(b) of this title.

(B) Treatment when annuitant returns to service

If an annuitant whose annuity is reduced under subparagraph

(A) is recalled to service under section 2111 of this title, or

reinstated or reappointed, in the case of a recovered

disability annuitant, or if any annuitant is reemployed as

provided for under sections 2112 and 2113 of this title, the

pay of that annuitant shall be reduced by the same amount as

the annuity would have been reduced if it had continued.

Amounts equal to the reductions under this subparagraph shall

be deposited in the Treasury of the United States to the credit

of the fund.

(6) Disability annuitant

Notwithstanding paragraph (3), in the case of a former spouse

of a disability annuitant -

(A) the annuity of that former spouse shall commence on the

date on which the participant would qualify on the basis of the

participant's creditable service for an annuity under this

subchapter (other than a disability annuity) or the date on

which the disability annuity begins, whichever is later, and

(B) the amount of the annuity of the former spouse shall be

calculated on the basis of the annuity for which the

participant would otherwise so qualify.

(7) Election of benefits

A former spouse of a participant, former participant, or

retired participant shall not become entitled under this

subsection to an annuity payable from the fund unless the former

spouse elects to receive it instead of any survivor annuity to

which the former spouse may be entitled under this or any other

retirement system for Government employees on the basis of a

marriage to someone other than the participant.

(8) Limitation in case of multiple former spouse annuities

No spousal agreement or court order under section 2094(b) of

this title involving a participant may provide for an annuity or

a combination of annuities under this subsection that exceeds the

annuity of the participant.

(b) Former spouse survivor annuity

(1) Pro rata share

Subject to any election under section 2031(b)(1)(B) and (C) of

this title and unless otherwise expressly provided by a spousal

agreement or court order under section 2094(b) of this title, if

an annuitant is survived by a former spouse, the former spouse

shall be entitled -

(A) if married to the annuitant throughout the creditable

service of the annuitant, to a survivor annuity equal to 55

percent of the unreduced amount of the annuitant's annuity, as

computed under section 2031(a) of this title; and

(B) if not married to the annuitant throughout such

creditable service, to a survivor annuity equal to that

proportion of 55 percent of the unreduced amount of such

annuity that is the proportion that the number of days of the

marriage of the former spouse to the participant during periods

of creditable service of such participant under this subchapter

bears to the total number of days of such creditable service.

(2) Disqualification upon remarriage before age 55

A former spouse shall not be qualified for an annuity under

this subsection if before the commencement of that annuity the

former spouse remarries before becoming 55 years of age.

(3) Commencement, termination, and restoration of annuity

An annuity payable from the fund under this subchapter to a

surviving former spouse under this subsection shall commence on

the day after the annuitant dies and shall terminate on the last

day of the month before the former spouse's death or remarriage

before attaining age 55. If such a survivor annuity is terminated

because of remarriage, it shall be restored at the same rate

commencing on the date such remarriage is dissolved by death,

annulment, or divorce if any lump sum paid upon termination of

the annuity is returned to the fund.

(4) Survivor annuity amount

(A) Maximum amount

The maximum survivor annuity or combination of survivor

annuities under this subsection (and section 2031(b)(3) of this

title) with respect to any participant may not exceed 55

percent of the full amount of the participant's annuity, as

calculated under section 2031(a) of this title.

(B) Limitation on other survivor annuities based on service of

same participant

Once a survivor annuity has been provided under this

subsection for any former spouse, a survivor annuity for

another individual may thereafter be provided under this

subsection (or section 2031(b)(3) of this title) with respect

to the participant only for that portion (if any) of the

maximum available which is not committed for survivor benefits

for any former spouse whose prospective right to such annuity

has not terminated by reason of death or remarriage.

(C) Finality of court order upon death of participant

After the death of a participant or retired participant, a

court order under section 2094(b) of this title may not adjust

the amount of the annuity of a former spouse of that

participant or retired participant under this section.

(5) Effect of termination of former spouse entitlement

(A) Recomputation of participant's annuity

If a former spouse of a retired participant dies or remarries

before attaining age 55, the annuity of the retired

participant, if reduced to provide a survivor annuity for that

former spouse, shall be recomputed and paid, effective on the

first day of the month beginning after such death or

remarriage, as if the annuity had not been so reduced, unless

an election is in effect under subparagraph (B).

(B) Election of spouse annuity

Subject to paragraph (4)(B), the participant may elect in

writing within one year after receipt of notice of the death or

remarriage of the former spouse to continue the reduction in

order to provide a higher survivor annuity under section

2031(b)(3) of this title for any spouse of the participant.

(c) Optional additional survivor annuities for other former spouse

or surviving spouse

(1) In general

In the case of any participant providing a survivor annuity

under subsection (b) of this section for a former spouse -

(A) such participant may elect, or

(B) a spousal agreement or court order under section 2094(b)

of this title may provide for,

an additional survivor annuity under this subsection for any

other former spouse or spouse surviving the participant, if the

participant satisfactorily passes a physical examination as

prescribed by the Director.

(2) Limitation

Neither the total amount of survivor annuity or annuities under

this subsection with respect to any participant, nor the survivor

annuity or annuities for any one surviving spouse or former

spouse of such participant under this section or section 2031 of

this title, may exceed 55 percent of the unreduced amount of the

participant's annuity, as computed under section 2031(a) of this

title.

(3) Contribution for additional annuities

(A) Provision of additional survivor annuity

In accordance with regulations which the Director shall

prescribe, the participant involved may provide for any annuity

under this subsection -

(i) by a reduction in the annuity or an allotment from the

basic pay of the participant;

(ii) by a lump-sum payment or installment payments to the

fund; or

(iii) by any combination thereof.

(B) Actuarial equivalence to benefit

The present value of the total amount to accrue to the fund

under subparagraph (A) to provide any annuity under this

subsection shall be actuarially equivalent in value to such

annuity, as calculated upon such tables of mortality as may

from time to time be prescribed for this purpose by the

Director.

(C) Effect of former spouse's death or disqualification

If a former spouse predeceases the participant or remarries

before attaining age 55 (or, in the case of a spouse, the

spouse predeceases the participant or does not qualify as a

former spouse upon dissolution of the marriage) -

(i) if an annuity reduction or pay allotment under

subparagraph (A) is in effect for that spouse or former

spouse, the annuity shall be recomputed and paid as if it had

not been reduced or the pay allotment terminated, as the case

may be; and

(ii) any amount accruing to the fund under subparagraph (A)

shall be refunded, but only to the extent that such amount

may have exceeded the actuarial cost of providing benefits

under this subsection for the period such benefits were

provided, as determined under regulations prescribed by the

Director.

(D) Recomputation upon death or remarriage of former spouse

Under regulations prescribed by the Director, an annuity

shall be recomputed (or a pay allotment terminated or

adjusted), and a refund provided (if appropriate), in a manner

comparable to that provided under subparagraph (C), in order to

reflect a termination or reduction of future benefits under

this subsection for a spouse in the event a former spouse of

the participant dies or remarries before attaining age 55 and

an increased annuity is provided for that spouse in accordance

with this section.

(4) Commencement and termination of additional survivor annuity

An annuity payable under this subsection to a spouse or former

spouse shall commence on the day after the participant dies and

shall terminate on the last day of the month before the spouse's

or the former spouse's death or remarriage before attaining age

55.

(5) Nonapplicability of COLA provision

Section 2131 of this title does not apply to an annuity under

this subsection, unless authorized under regulations prescribed

by the Director.

-SOURCE-

(Pub. L. 88-643, title II, Sec. 222, as added Pub. L. 102-496,

title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3212; amended Pub.

L. 103-178, title II, Sec. 202(a)(5), Dec. 3, 1993, 107 Stat.

2026.)

-MISC1-

PRIOR PROVISIONS

A prior section 222 of Pub. L. 88-643, as added Pub. L. 97-269,

title VI, Sec. 606, Sept. 27, 1982, 96 Stat. 1148; amended Pub. L.

99-335, title V, Sec. 501(2), (3), June 6, 1986, 100 Stat. 622;

Pub. L. 102-88, title III, Sec. 305(a)(2), Aug. 14, 1991, 105 Stat.

432, related to computation of annuities for former spouses and was

set out as a note under section 403 of this title prior to the

general amendment of Pub. L. 88-643 by section 802 of Pub. L.

102-496.

AMENDMENTS

1993 - Subsec. (a)(7). Pub. L. 103-178, Sec. 202(a)(5)(A),

substituted "any survivor annuity" for "any other annuity".

Subsec. (c)(3)(C). Pub. L. 103-178, Sec. 202(a)(5)(B), inserted

"the participant" before "or does not qualify".

Subsec. (c)(4). Pub. L. 103-178, Sec. 202(a)(5)(C), substituted

"before the spouse's or the former spouse's death" for "before the

former spouse's death".

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-178 effective Feb. 1, 1993, see section

202(b) of Pub. L. 103-178, set out as a note under section 2001 of

this title.

SURVIVOR ANNUITY, RETIREMENT ANNUITY, AND HEALTH BENEFITS FOR

CERTAIN EX-SPOUSES OF CENTRAL INTELLIGENCE AGENCY EMPLOYEES;

EFFECTIVE DATE

Section 203 of Pub. L. 103-178 provided that:

"(a) Survivor Annuity. -

"(1) In general. -

"(A) Entitlement of former wife or husband. - Any person who

was divorced on or before December 4, 1991, from a participant

or retired participant in the Central Intelligence Agency

Retirement and Disability System and who was married to such

participant for not less than 10 years during such

participant's creditable service, at least five years of which

were spent by the participant during the participant's service

as an employee of the Central Intelligence Agency outside the

United States, or otherwise in a position the duties of which

qualified the participant for designation by the Director of

Central Intelligence as a participant under section 203 of the

Central Intelligence Agency Retirement Act (50 U.S.C. 2013),

shall be entitled, except to the extent such person is

disqualified under paragraph (2), to a survivor annuity equal

to 55 percent of the greater of -

"(i) the unreduced amount of the participant's annuity, as

computed under section 221(a) of such Act [50 U.S.C.

2031(a)]; or

"(ii) the unreduced amount of what such annuity as so

computed would be if the participant had not elected payment

of the lump-sum credit under section 294 of such Act [50

U.S.C. 2143].

"(B) Reduction in survivor annuity. - A survivor annuity

payable under this subsection shall be reduced by an amount

equal to any survivor annuity payments made to the former wife

or husband under section 226 of such Act [50 U.S.C. 2036].

"(2) Limitations. - A former wife or husband is not entitled to

a survivor annuity under this subsection if -

"(A) the former wife or husband remarries before age 55,

except that the entitlement of the former wife or husband to

such a survivor annuity shall be restored on the date such

remarriage is dissolved by death, annulment, or divorce;

"(B) the former wife or husband is less than 50 years of age;

or

"(C) the former wife or husband meets the definition of

'former spouse' that was in effect under section 204(b)(4) of

the Central Intelligence Agency Retirement Act of 1964 for

Certain Employees before December 4, 1991 [section 204(b)(4) of

Pub. L. 88-643 prior to enactment of Pub. L. 102-496, formerly

set out as a note under section 403 of this title].

"(3) Commencement and termination of annuity. -

"(A) Commencement of annuity. - The entitlement of a former

wife or husband to a survivor annuity under this subsection

shall commence -

"(i) in the case of a former wife or husband of a

participant or retired participant who is deceased as of

October 1, 1994, beginning on the later of -

"(I) the 60th day after such date; or

"(II) the date on which the former wife or husband reaches age

50; and

"(ii) in the case of any other former wife or husband,

beginning on the latest of -

"(I) the date on which the participant or retired participant

to whom the former wife or husband was married dies;

"(II) the 60th day after October 1, 1994; or

"(III) the date on which the former wife or husband attains

age 50.

"(B) Termination of annuity. - The entitlement of a former

wife or husband to a survivor annuity under this subsection

terminates on the last day of the month before the former

wife's or husband's death or remarriage before attaining age

55. The entitlement of a former wife or husband to such a

survivor annuity shall be restored on the date such remarriage

is dissolved by death, annulment, or divorce.

"(4) Election of benefits. - A former wife or husband of a

participant or retired participant shall not become entitled

under this subsection to a survivor annuity or to the restoration

of the survivor annuity unless the former wife or husband elects

to receive it instead of any other survivor annuity to which the

former wife or husband may be entitled under the Central

Intelligence Agency Retirement and Disability System or any other

retirement system for Government employees on the basis of a

marriage to someone other than the participant.

"(5) Application -

"(A) Time limit; waiver. - A survivor annuity under this

subsection shall not be payable unless appropriate written

application is provided to the Director, complete with any

supporting documentation which the Director may by regulation

require. Any such application shall be submitted not later than

October 1, 1995. The Director may waive the application

deadline under the preceding sentence in any case in which the

Director determines that the circumstances warrant such a

waiver.

"(B) Retroactive benefits. - Upon approval of an application

provided under subparagraph (A), the appropriate survivor

annuity shall be payable to the former wife or husband with

respect to all periods before such approval during which the

former wife or husband was entitled to such annuity under this

subsection, but in no event shall a survivor annuity be payable

under this subsection with respect to any period before October

1, 1994.

"(6) Restoration of annuity. - Notwithstanding paragraph

(5)(A), the deadline by which an application for a survivor

annuity must be submitted shall not apply in cases in which a

former spouse's entitlement to such a survivor annuity is

restored after October 1, 1994, under paragraph (2)(A) or (3)(B).

"(7) Applicability in cases of participants transferred to

fers. -

"(A) Entitlement. - Except as provided in paragraph (2), this

subsection shall apply to a former wife or husband of a

participant under the Central Intelligence Agency Retirement

and Disability System who has elected to become subject to

chapter 84 of title 5, United States Code.

"(B) Amount of annuity. - The survivor annuity of a person

covered by subparagraph (A) shall be equal to 50 percent of the

unreduced amount of the participant's annuity computed in

accordance with section 302(a) of the Federal Employees'

Retirement System Act of 1986 [Pub. L. 99-335, 5 U.S.C. 8331

note] and shall be reduced by an amount equal to any survivor

annuity payments made to the former wife or husband under

section 8445 of title 5, United States Code.

"(b) Retirement Annuity. -

"(1) In general. -

"(A) Entitlement of former wife or husband. - A person

described in subsection (a)(1)(A) shall be entitled, except to

the extent such former spouse is disqualified under paragraph

(2), to an annuity -

"(i) if married to the participant throughout the

creditable service of the participant, equal to 50 percent of

the annuity of the participant; or

"(ii) if not married to the participant throughout such

creditable service, equal to that former wife's or husband's

pro rata share of 50 percent of such annuity (determined in

accordance with section 222(a)(1)(B) of the Central

Intelligence Agency Retirement Act (50 U.S.C. 2032

(a)(1)(B)).

"(B) Reduction in retirement annuities. -

"(i) Amount of reduction. - An annuity payable under this

subsection shall be reduced by an amount equal to any

apportionment payments payable to the former wife or husband

pursuant to the terms of a court order incident to the

dissolution of the marriage of such former spouse and the

participant, former participant, or retired participant.

"(ii) Definition of terms. - For purposes of clause (i):

"(I) Apportionment. - The term 'apportionment' means a portion

of a retired participant's annuity payable to a former wife

or husband either by the retired participant or the

Government in accordance with the terms of a court order.

"(II) Court order. - The term 'court order' means any decree

of divorce or annulment or any court order or court-approved

property settlement agreement incident to such decree.

"(2) Limitations. - A former wife or husband is not entitled to

an annuity under this subsection if -

"(A) the former wife or husband remarries before age 55,

except that the entitlement of the former wife or husband to an

annuity under this subsection shall be restored on the date

such remarriage is dissolved by death, annulment, or divorce;

"(B) the former wife or husband is less than 50 years of age;

or

"(C) the former wife or husband meets the definition of

'former spouse' that was in effect under section 204(b)(4) of

the Central Intelligence Agency Retirement Act of 1964 for

Certain Employees before December 4, 1991 [section 204(b)(4) of

Pub. L. 88-643 prior to enactment of Pub. L. 102-496, formerly

set out as a note under section 403 of this title].

"(3) Commencement and termination. -

"(A) Retirement annuities. - The entitlement of a former wife

or husband to an annuity under this subsection -

"(i) shall commence on the later of -

"(I) October 1, 1994;

"(II) the day the participant upon whose service the right to

the annuity is based becomes entitled to an annuity under

such Act [probably means Central Intelligence Agency

Retirement Act, 50 U.S.C. 2001 et seq.]; or

"(III) such former wife's or husband's 50th birthday; and

"(ii) shall terminate on the earlier of -

"(I) the last day of the month before the former wife or

husband dies or remarries before 55 years of age, except that

the entitlement of the former wife or husband to an annuity

under this subsection shall be restored on the date such

remarriage is dissolved by death, annulment, or divorce; or

"(II) the date on which the annuity of the participant

terminates.

"(B) Disability annuities. - Notwithstanding subparagraph

(A)(i)(II), in the case of a former wife or husband of a

disability annuitant -

"(i) the annuity of the former wife or husband shall

commence on the date on which the participant would qualify

on the basis of the participant's creditable service for an

annuity under the Central Intelligence Agency Retirement Act

[50 U.S.C. 2001 et seq.] (other than a disability annuity) or

the date the disability annuity begins, whichever is later;

and

"(ii) the amount of the annuity of the former wife or

husband shall be calculated on the basis of the annuity for

which the participant would otherwise so qualify.

"(C) Election of benefits. - A former wife or husband of a

participant or retired participant shall not become entitled

under this subsection to an annuity or to the restoration of an

annuity unless the former wife or husband elects to receive it

instead of any survivor annuity to which the former wife or

husband may be entitled under the Central Intelligence Agency

Retirement and Disability System or any other retirement system

for Government employees on the basis of a marriage to someone

other than the participant.

"(D) Application. -

"(i) Time limit; waiver. - An annuity under this subsection

shall not be payable unless appropriate written application

is provided to the Director of Central Intelligence, complete

with any supporting documentation which the Director may by

regulation require, not later than October 1, 1995. The

Director may waive the application deadline under the

preceding sentence in any case in which the Director

determines that the circumstances warrant such a waiver.

"(ii) Retroactive benefits. - Upon approval of an

application under clause (i), the appropriate annuity shall

be payable to the former wife or husband with respect to all

periods before such approval during which the former wife or

husband was entitled to an annuity under this subsection, but

in no event shall an annuity be payable under this subsection

with respect to any period before October 1, 1994.

"(4) Restoration of annuities. - Notwithstanding paragraph

(3)(D)(i), the deadline by which an application for a retirement

annuity must be submitted shall not apply in cases in which a

former spouse's entitlement to such annuity is restored after

October 1, 1994, under paragraph (2)(A) or (3)(A)(ii).

"(5) Applicability in cases of participants transferred to

fers. - The provisions of this subsection shall apply to a former

wife or husband of a participant under the Central Intelligence

Agency Retirement and Disability System who has elected to become

subject to chapter 84 of title 5, United States Code. For

purposes of this paragraph, any reference in this section to a

participant's annuity under the Central Intelligence Agency

Retirement and Disability System shall be deemed to refer to the

transferred participant's annuity computed in accordance with

section 302(a) of the Federal Employee's Retirement System Act of

1986 [Pub. L. 99-335, 5 U.S.C. 8331 note].

"(6) Savings provision. - Nothing in this subsection shall be

construed to impair, reduce, or otherwise affect the annuity or

the entitlement to an annuity of a participant or former

participant under title II or III of the Central Intelligence

Agency Retirement Act [50 U.S.C. 2011 et seq., 2151 et seq.].

"(c) Health Benefits. - [Amended section 403p of this title.]

"(d) Source of Payment for Annuities. - Annuities provided under

subsections (a) and (b) shall be payable from the Central

Intelligence Agency Retirement and Disability Fund maintained under

section 202 of the Central Intelligence Agency Retirement Act (50

U.S.C. 2012).

"(e) Effective Date. -

"(1) In general. - Except as provided in paragraph (2),

subsections (a) and (b) shall take effect as of October 1, 1994,

the amendments made by subsection (c) [amending section 403p of

this title] shall apply to individuals on and after October 1,

1994, and no benefits provided pursuant to those subsections

shall be payable with respect to any period before October 1,

1994.

"(2) Section 16(d) of the Central Intelligence Agency Act of

1949 (as added by subsection (c) of this section) [50 U.S.C.

403p(d)] shall apply to individuals beginning on the date of

enactment of this Act [Dec. 3, 1993]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 403n, 2031, 2033, 2052,

2094 of this title.

-End-

-CITE-

50 USC Sec. 2033 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Part C - Computation of Annuities

-HEAD-

Sec. 2033. Election of survivor benefits for certain former spouses

divorced as of November 15, 1982

-STATUTE-

(a) Former spouses as of November 15, 1982

A participant, former participant, or retired participant in the

system who on November 15, 1982, had a former spouse may, by a

spousal agreement, elect to receive a reduced annuity and provide a

survivor annuity for such former spouse under section 2032(b) of

this title.

(b) Time for making election

(1) If the participant or former participant has not retired

under such system on or before November 15, 1982, an election under

this section may be made at any time before retirement.

(2) If the participant or former participant has retired under

such system on or before November 15, 1982, an election under this

section may be made within such period after November 15, 1982, as

the Director may prescribe.

(3) For the purposes of applying this subchapter, any such

election shall be treated in the same manner as if it were a

spousal agreement under section 2094(b) of this title.

(c) Base for annuity

An election under this section may provide for a survivor annuity

based on all or any portion of that part of the annuity of the

participant which is not designated or committed as a base for a

survivor annuity for a spouse or any other former spouse of the

participant. The participant and the participant's spouse may make

an election under section 2031(b)(1)(B) of this title before the

time of retirement for the purpose of allowing an election to be

made under this section.

(d) Reduction in participant's annuity

(1) Computation

The amount of the reduction in the participant's annuity shall

be determined in accordance with section 2031(b)(2) of this

title.

(2) Effective date of reduction

Such reduction shall be effective as of -

(A) the commencing date of the participant's annuity, in the

case of an election under subsection (b)(1) of this section; or

(B) November 15, 1982, in the case of an election under

subsection (b)(2) of this section.

-SOURCE-

(Pub. L. 88-643, title II, Sec. 223, as added Pub. L. 102-496,

title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3216.)

-MISC1-

PRIOR PROVISIONS

A prior section 223 of Pub. L. 88-643, as added Pub. L. 97-269,

title VI, Sec. 607, Sept. 27, 1982, 96 Stat. 1151; amended Pub. L.

99-335, title V, Sec. 501(2), June 6, 1986, 100 Stat. 622, related

to election of survivor benefits for certain former spouses and was

set out as a note under section 403 of this title prior to the

general amendment of Pub. L. 88-643 by section 802 of Pub. L.

102-496.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 403n, 2034 of this title.

-End-

-CITE-

50 USC Sec. 2034 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Part C - Computation of Annuities

-HEAD-

Sec. 2034. Survivor annuity for certain other former spouses

-STATUTE-

(a) Survivor annuity

(1) In general

An individual who was a former spouse of a participant or

retired participant on November 15, 1982, shall be entitled,

except to the extent such former spouse is disqualified under

subsection (b) of this section, to a survivor annuity equal to 55

percent of the greater of -

(A) the unreduced amount of the participant's or retired

participant's annuity, as computed under section 2031(a) of

this title; or

(B) the unreduced amount of what such annuity as so computed

would be if the participant, former participant, or retired

participant had not elected payment of the lump-sum credit

under section 2143 of this title.

(2) Reduction in survivor annuity

A survivor annuity payable under this section shall be reduced

by an amount equal to any survivor annuity payments made to the

former spouse under section 2033 of this title.

(b) Limitations

A former spouse is not entitled to a survivor annuity under this

section if -

(1) the former spouse remarries before age 55, except that the

entitlement of the former spouse to such a survivor annuity shall

be restored on the date such remarriage is dissolved by death,

annulment, or divorce; or

(2) the former spouse is less than 50 years of age.

(c) Commencement and termination of annuity

(1) Commencement of annuity

The entitlement of a former spouse to a survivor annuity under

this section shall commence -

(A) in the case of a former spouse of a participant or

retired participant who is deceased as of October 1, 1986,

beginning on the later of -

(i) the 60th day after such date; or

(ii) the date on which the former spouse reaches age 50;

and

(B) in the case of any other former spouse, beginning on the

latest of -

(i) the date on which the participant or retired

participant to whom the former spouse was married dies;

(ii) the 60th day after October 1, 1986; or

(iii) the date on which the former spouse attains age 50.

(2) Termination of annuity

The entitlement of a former spouse to a survivor annuity under

this section terminates on the last day of the month before the

former spouse's death or remarriage before attaining age 55. The

entitlement of a former spouse to such a survivor annuity shall

be restored on the date such remarriage is dissolved by death,

annulment, or divorce.

(d) Application

(1) Time limit; waiver

A survivor annuity under this section shall not be payable

unless appropriate written application is provided to the

Director, complete with any supporting documentation which the

Director may by regulation require. Any such application shall be

submitted not later than April 1, 1989. The Director may waive

the application deadline under the preceding sentence in any case

in which the Director determines that the circumstances warrant

such a waiver.

(2) Retroactive benefits

Upon approval of an application provided under paragraph (1),

the appropriate survivor annuity shall be payable to the former

spouse with respect to all periods before such approval during

which the former spouse was entitled to such annuity under this

section, but in no event shall a survivor annuity be payable

under this section with respect to any period before October 1,

1986.

(e) Restoration of annuity

Notwithstanding subsection (d)(1) of this section, the deadline

by which an application for a survivor annuity must be submitted

shall not apply in cases in which a former spouse's entitlement to

such a survivor annuity is restored under subsection (b)(1) or

(c)(2) of this section.

-SOURCE-

(Pub. L. 88-643, title II, Sec. 224, as added Pub. L. 102-496,

title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3217; amended Pub.

L. 103-178, title II, Sec. 202(a)(6), Dec. 3, 1993, 107 Stat.

2026.)

-MISC1-

PRIOR PROVISIONS

A prior section 224 of Pub. L. 88-643, as added Pub. L. 99-569,

title III, Sec. 302(a), Oct. 27, 1986, 100 Stat. 3192; amended Pub.

L. 100-453, title III, Sec. 302(b)(1), Sept. 29, 1988, 102 Stat.

1907; Pub. L. 101-193, title III, Sec. 304(a), Nov. 30, 1989, 103

Stat. 1703; Pub. L. 102-88, title III, Sec. 307(a), Aug. 14, 1991,

105 Stat. 432; Pub. L. 102-183, title III, Sec. 304, Dec. 4, 1991,

105 Stat. 1264, related to survivor annuities for certain other

former spouses and was set out as a note under section 403 of this

title prior to the general amendment of Pub. L. 88-643 by section

802 of Pub. L. 102-496.

AMENDMENTS

1993 - Subsec. (c)(1)(B)(i). Pub. L. 103-178 substituted "retired

participant" for "former participant".

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-178 effective Feb. 1, 1993, see section

202(b) of Pub. L. 103-178, set out as a note under section 2001 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 403n, 2031, 2052, 2154 of

this title.

-End-

-CITE-

50 USC Sec. 2035 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Part C - Computation of Annuities

-HEAD-

Sec. 2035. Retirement annuity for certain former spouses

-STATUTE-

(a) Retirement annuity

An individual who was a former spouse of a participant, former

participant, or retired participant on November 15, 1982, and any

former spouse divorced after November 15, 1982, from a participant

or former participant who retired before November 15, 1982, shall

be entitled, except to the extent such former spouse is

disqualified under subsection (b) of this section, to an annuity -

(1) if married to the participant throughout the creditable

service of the participant, equal to 50 percent of the annuity of

the participant; or

(2) if not married to the participant throughout such

creditable service, equal to that former spouse's pro rata share

of 50 percent of such annuity.

(b) Limitations

A former spouse is not entitled to an annuity under this section

if -

(1) the former spouse remarries before age 55, except that the

entitlement of the former spouse to an annuity under this section

shall be restored on the date such remarriage is dissolved by

death, annulment, or divorce; or

(2) the former spouse is less than 50 years of age.

(c) Commencement and termination

(1) Retirement annuities

The entitlement of a former spouse to an annuity under this

section -

(A) shall commence on the later of -

(i) the day the participant upon whose service the right to

the annuity is based becomes entitled to an annuity under

this subchapter;

(ii) the first day of the month in which the divorce or

annulment involved becomes final; or

(iii) such former spouse's 50th birthday; and

(B) shall terminate on the earlier of -

(i) the last day of the month before the former spouse dies

or remarries before 55 years of age, except that the

entitlement of the former spouse to an annuity under this

section shall be restored on the date such remarriage is

dissolved by death, annulment, or divorce; or

(ii) the date on which the annuity of the participant

terminates.

(2) Disability annuities

Notwithstanding paragraph (1)(A)(i), in the case of a former

spouse of a disability annuitant -

(A) the annuity of the former spouse shall commence on the

date on which the participant would qualify on the basis of the

participant's creditable service for an annuity under this

subchapter (other than disability annuity) or the date the

disability annuity begins, whichever is later; and

(B) the amount of the annuity of the former spouse shall be

calculated on the basis of the annuity for which the

participant would otherwise so qualify.

(3) Election of benefits

A former spouse of a participant or retired participant shall

not become entitled under this section to an annuity or to the

restoration of an annuity payable from the fund unless the former

spouse elects to receive it instead of any survivor annuity to

which the former spouse may be entitled under this or any other

retirement system for Government employees on the basis of a

marriage to someone other than the participant.

(4) Application

(A) Time limit; waiver

An annuity under this section shall not be payable unless

appropriate written application is provided to the Director,

complete with any supporting documentation which the Director

may by regulation require, not later than June 2, 1990. The

Director may waive the application deadline under the preceding

sentence in any case in which the Director determines that the

circumstances warrant such a waiver.

(B) Retroactive benefits

Upon approval of an application under subparagraph (A), the

appropriate annuity shall be payable to the former spouse with

respect to all periods before such approval during which the

former spouse was entitled to an annuity under this section,

but in no event shall an annuity be payable under this section

with respect to any period before December 2, 1987.

(d) Restoration of annuities

Notwithstanding subsection (c)(4)(A) of this section, the

deadline by which an application for a retirement annuity must be

submitted shall not apply in cases in which a former spouse's

entitlement to such annuity is restored under subsection (b)(1) or

(c)(1)(B) of this section.

(e) Savings provision

Nothing in this section shall be construed to impair, reduce, or

otherwise affect the annuity or the entitlement to an annuity of a

participant or former participant under this subchapter.

-SOURCE-

(Pub. L. 88-643, title II, Sec. 225, as added Pub. L. 102-496,

title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3218; amended Pub.

L. 103-178, title II, Sec. 202(a)(7), Dec. 3, 1993, 107 Stat.

2026.)

-MISC1-

PRIOR PROVISIONS

A prior section 225 of Pub. L. 88-643, as added Pub. L. 100-178,

title IV, Sec. 401(a), Dec. 2, 1987, 101 Stat. 1012; amended Pub.

L. 100-453, title III, Sec. 302(c)(1), Sept. 29, 1988, 102 Stat.

1907; Pub. L. 102-88, title III, Sec. 307(b), Aug. 14, 1991, 105

Stat. 433, related to retirement benefits for certain other former

spouses and was set out as a note under section 403 of this title

prior to the general amendment of Pub. L. 88-643 by section 802 of

Pub. L. 102-496.

AMENDMENTS

1993 - Subsec. (c)(3). Pub. L. 103-178, Sec. 202(a)(7)(A),

substituted "any survivor annuity" for "any other annuity".

Subsec. (c)(4)(A). Pub. L. 103-178, Sec. 202(a)(7)(B),

substituted "June 2, 1990" for "June 2, 1991".

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-178 effective Feb. 1, 1993, see section

202(b) of Pub. L. 103-178, set out as a note under section 2001 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 403n, 2154 of this title.

-End-

-CITE-

50 USC Sec. 2036 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Part C - Computation of Annuities

-HEAD-

Sec. 2036. Survivor annuities for previous spouses

-STATUTE-

The Director shall prescribe regulations under which a previous

spouse who is divorced after September 29, 1988, from a

participant, former participant, or retired participant shall be

eligible for a survivor annuity to the same extent and, to the

greatest extent practicable, under the same conditions (including

reductions to be made in the annuity of the participant) applicable

to former spouses (as defined in section 8331(23) of title 5) of

participants in the Civil Service Retirement and Disability System

(CSRS) as prescribed by the Civil Service Retirement Spouse Equity

Act of 1984.

-SOURCE-

(Pub. L. 88-643, title II, Sec. 226, as added Pub. L. 102-496,

title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3220.)

-REFTEXT-

REFERENCES IN TEXT

The Civil Service Retirement Spouse Equity Act of 1984, referred

to in text, is Pub. L. 98-615, Nov. 8, 1984, 98 Stat. 3195, as

amended. For complete classification of this Act to the Code, see

Short Title of 1984 Amendment note set out under section 8331 of

Title 5, Government Organization and Employees, and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 226 of Pub. L. 88-643, as added Pub. L. 100-453,

title III, Sec. 302(a), Sept. 29, 1988, 102 Stat. 1906; amended

Pub. L. 102-88, title III, Sec. 304(b), (c), Aug. 14, 1991, 105

Stat. 431, 432; Pub. L. 102-183, title III, Sec. 306(a), (b), Dec.

4, 1991, 105 Stat. 1265, related to survivor annuities for previous

spouses and second chance to elect survivor annuity for certain

spouses and was set out as a note under section 403 of this title

prior to the general amendment of Pub. L. 88-643 by section 802 of

Pub. L. 102-496.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2031, 2071 of this title.

-End-

-CITE-

50 USC Part D - Benefits Accruing to Certain Participants 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Part D - Benefits Accruing to Certain Participants

-HEAD-

PART D - BENEFITS ACCRUING TO CERTAIN PARTICIPANTS

-End-

-CITE-

50 USC Sec. 2051 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Part D - Benefits Accruing to Certain Participants

-HEAD-

Sec. 2051. Retirement for disability or incapacity; medical

examination; recovery

-STATUTE-

(a) Disability retirement

(1) Eligibility

A participant who has become disabled shall, upon the

participant's own application or upon order of the Director, be

retired on an annuity computed under subsection (b) of this

section.

(2) Standard for disability determination

A participant shall be considered to be disabled only if the

participant -

(A) is found by the Director to be unable, because of disease

or injury, to render useful and efficient service in the

participant's position; and

(B) is not qualified for reassignment, under procedures

prescribed by the Director, to a vacant position in the Agency

at the same grade or level and in which the participant would

be able to render useful and efficient service.

(3) Time limit for application

(A) One year requirement

A claim may be allowed under this section only if the

application is submitted before the participant is separated

from the Agency or within one year thereafter.

(B) Waiver for mentally incompetent participant

The time limitation may be waived by the Director for a

participant who, at the date of separation from the Agency or

within one year thereafter, is mentally incompetent, if the

application is filed with the Agency within one year from the

date of restoration of the participant to competency or the

appointment of a fiduciary, whichever is earlier.

(b) Computation of disability annuity

(1) In general

Except as provided in paragraph (2), an annuity payable under

subsection (a) of this section shall be computed under section

2031(a) of this title. However, if the disabled or incapacitated

participant has less than 20 years of service credit toward

retirement under the system at the time of retirement, the

annuity shall be computed on the assumption that the participant

has had 20 years of service, but the additional service credit

that may accrue to a participant under this paragraph may not

exceed the difference between the participant's age at the time

of retirement and age 60.

(2) Coordination with military retired pay and veterans'

compensation and pension

If a participant retiring under this section is receiving

retired pay or retainer pay for military service (except that

specified in section 2082(e)(3) of this title) or Department of

Veterans Affairs compensation or pension in lieu of such retired

or retainer pay, the annuity of that participant shall be

computed under section 2031(a) of this title, excluding credit

for such military service from that computation. If the amount of

the annuity so computed, plus the retired or retainer pay which

is received, or which would be received but for the application

of the limitation in section 5532 (!1) of title 5, or the

Department of Veterans Affairs compensation or pension in lieu of

such retired or retainer pay, is less than the annuity that would

be payable under this section in the absence of the previous

sentence, an amount equal to the difference shall be added to the

annuity payable under section 2031(a) of this title.

(c) Medical examinations

(1) Medical examination required for determination of disability

In each case, the participant shall be given a medical

examination by one or more duly qualified physicians or surgeons

designated by the Director to conduct examinations, and

disability shall be determined by the Director on the basis of

the advice of such physicians or surgeons.

(2) Annual reexaminations until age 60

Unless the disability is permanent, like examinations shall be

made annually until the annuitant becomes age 60. If the Director

determines on the basis of the advice of one or more duly

qualified physicians or surgeons conducting such examinations

that an annuitant has recovered to the extent that the annuitant

can return to duty, the annuitant may apply for reinstatement or

reappointment in the Agency within one year from the date the

annuitant's recovery is determined.

(3) Reinstatement

Upon application, the Director may reinstate any such recovered

disability annuitant in the grade held at time of retirement, or

the Director may, taking into consideration the age,

qualifications, and experience of such annuitant, and the present

grade of the annuitant's contemporaries in the Agency, appoint

the annuitant to a grade higher than the one held before

retirement.

(4) Termination of disability annuity

Payment of the annuity shall continue until a date one year

after the date of examination showing recovery or until the date

of reinstatement or reappointment in the Agency, whichever is

earlier.

(5) Payment of fees

Fees for examinations under this subsection, together with

reasonable traveling and other expenses incurred in order to

submit to examination, may be paid out of the fund.

(6) Suspension of annuity pending required examination

If the annuitant fails to submit to examination as required

under this section, payment of the annuity shall be suspended

until continuance of the disability is satisfactorily

established.

(7) Termination of annuity upon restoration of earning capacity

If the annuitant receiving a disability retirement annuity is

restored to earning capacity before becoming age 60, payment of

the annuity terminates on reemployment by the Government or 180

days after the end of the calendar year in which earning capacity

is restored, whichever is earlier. Earning capacity shall be

considered to be restored if in any calendar year the income of

the annuitant from wages or self-employment, or both, equals at

least 80 percent of the current rate of pay for the grade and

step the annuitant held at the time of retirement.

(d) Treatment of recovered disability annuitant who is not

reinstated

(1) Separation

If a recovered or restored disability annuitant whose annuity

is discontinued is for any reason not reinstated or reappointed

in the Agency, the annuitant shall be considered, except for

service credit, to have been separated within the meaning of

section 2054 of this title as of the date of termination of the

disability annuity.

(2) Retirement

After such termination, the recovered or restored annuitant

shall be entitled to the benefits of section 2054 or 2071(a) of

this title, except that the annuitant may elect voluntary

retirement under section 2053 of this title, if qualified

thereunder, or may be placed by the Director in an involuntary

retirement status under section 2055(a) of this title, if

qualified thereunder. Retirement rights under this paragraph

shall be based on the provisions of this subchapter in effect as

of the date on which the disability annuity is discontinued.

(3) Further disability before age 62

If, based on a current medical examination, the Director

determines that a recovered annuitant has, before reaching age

62, again become totally disabled due to recurrence of the

disability for which the annuitant was originally retired, the

annuitant's terminated disability annuity (same type and rate)

shall be reinstated from the date of such medical examination. If

a restored-to-earning-capacity annuitant has not medically

recovered from the disability for which retired and establishes

to the Director's satisfaction that the annuitant's income from

wages and self-employment in any calendar year before reaching

age 62 was less than 80 percent of the rate of pay for the grade

and step the annuitant held at the time of retirement, the

annuitant's terminated disability annuity (same type and rate)

shall be reinstated from the first of the next following year. If

the annuitant has been allowed an involuntary or voluntary

retirement annuity in the meantime, the annuitant's reinstated

disability annuity shall be substituted for it unless the

annuitant elects to retain the former benefit.

(e) Coordination of benefits

(1) Workers' compensation

A participant is not entitled to receive for the same period of

time -

(A) an annuity under this subchapter, and

(B) compensation for injury to, or disability of, such

participant under subchapter I of chapter 81 of title 5, other

than compensation payable under section 8107 of such title.

(2) Survivor annuities

An individual is not entitled to receive an annuity under this

subchapter and a concurrent benefit under subchapter I of chapter

81 of title 5 on account of the death of the same person.

(3) Greater benefit

Paragraphs (1) and (2) do not bar the right of a claimant to

the greater benefit conferred by either this subchapter or

subchapter I of chapter 81 of title 5.

(f) Offset from survivor annuity for workers' compensation payment

(1) Refund to Department of Labor

If an individual is entitled to an annuity under this

subchapter and the individual receives a lump-sum payment for

compensation under section 8135 of title 5 based on the

disability or death of the same person, so much of the

compensation as has been paid for a period extended beyond the

date payment of the annuity commences, as determined by the

Secretary of Labor, shall be refunded to the Department for

credit to the Employees' Compensation Fund. Before the individual

may receive the annuity, the individual shall -

(A) refund to the Secretary of Labor the amount representing

the commuted compensation payments for the extended period; or

(B) authorize the deduction of the amount from the annuity.

(2) Source of deduction

Deductions from the annuity may be made from accrued or

accruing payments. The amounts deducted and withheld from the

annuity shall be transmitted to the Secretary for reimbursement

to the Employees' Compensation Fund.

(3) Prorating deduction

If the Secretary finds that the financial circumstances of an

individual entitled to an annuity under this subchapter warrant

deferred refunding, deductions from the annuity may be prorated

against and paid from accruing payments in such manner as the

Secretary determines appropriate.

-SOURCE-

(Pub. L. 88-643, title II, Sec. 231, as added Pub. L. 102-496,

title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3220; amended Pub.

L. 103-178, title II, Sec. 202(a)(8), Dec. 3, 1993, 107 Stat.

2026.)

-REFTEXT-

REFERENCES IN TEXT

Section 5532 of title 5, referred to in subsec. (b)(2), was

repealed by Pub. L. 106-65, div. A, title VI, Sec. 651(a)(1), Oct.

5, 1999, 113 Stat. 664.

-MISC1-

PRIOR PROVISIONS

A prior section 231 of Pub. L. 88-643, title II, Oct. 13, 1964,

78 Stat. 1046; Ex. Ord. No. 12326, Sec. 2, Sept. 30, 1981, 46 F.R.

48889; Pub. L. 94-522, title II, Secs. 205-207, Oct. 17, 1976, 90

Stat. 2470; Ex. Ord. No. 12443, Sec. 1, Sept. 27, 1983, 48 F.R.

44751; Pub. L. 99-335, title V, Sec. 501(2), June 6, 1986, 100

Stat. 622; Pub. L. 102-183, title III, Sec. 305, Dec. 4, 1991, 105

Stat. 1265, related to retirement for disability or incapacity,

medical examination, and recovery and was set out as a note under

section 403 of this title prior to the general amendment of Pub. L.

88-643 by section 802 of Pub. L. 102-496.

AMENDMENTS

1993 - Subsec. (d)(2). Pub. L. 103-178 substituted "2071(a) of

this title" for "2071(b) of this title".

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-178 effective Feb. 1, 1993, see section

202(b) of Pub. L. 103-178, set out as a note under section 2001 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 403s, 2031, 2093, 2111,

2143 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

50 USC Sec. 2052 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Part D - Benefits Accruing to Certain Participants

-HEAD-

Sec. 2052. Death in service

-STATUTE-

(a) Return of contributions when no annuity payable

If a participant dies and no claim for an annuity is payable

under this subchapter, the participant's lump-sum credit and any

voluntary contributions made under section 2121 of this title, with

interest, shall be paid in the order of precedence shown in section

2071(c) of this title.

(b) Survivor annuity for surviving spouse or former spouse

(1) In general

If a participant dies before separation or retirement from the

Agency and is survived by a spouse or by a former spouse

qualifying for a survivor annuity under section 2032(b) of this

title, such surviving spouse shall be entitled to an annuity

equal to 55 percent of the annuity computed in accordance with

paragraphs (2) and (3) of this subsection and section 2031(a) of

this title, and any such surviving former spouse shall be

entitled to an annuity computed in accordance with section

2032(b) of this title and paragraph (2) of this subsection as if

the participant died after being entitled to an annuity under

this subchapter. The annuity of such surviving spouse or former

spouse shall commence on the day after the participant dies and

shall terminate on the last day of the month before the death or

remarriage before attaining age 55 of the surviving spouse or

former spouse (subject to the payment and restoration provisions

of sections 2031(b)(3)(C), 2031(h), and 2032(b)(3) of this

title).

(2) Computation

The annuity payable under paragraph (1) shall be computed in

accordance with section 2031(a) of this title, except that the

computation of the annuity of the participant under such section

shall be at least the smaller of (A) 40 percent of the

participant's high-3 average pay, or (B) the sum obtained under

such section after increasing the participant's length of service

by the difference between the participant's age at the time of

death and age 60.

(3) Limitation

Notwithstanding paragraph (1), if the participant had a former

spouse qualifying for an annuity under section 2032(b) of this

title, the annuity of a surviving spouse under this section shall

be subject to the limitation of section 2031(b)(3)(B) of this

title, and the annuity of a former spouse under this section

shall be subject to the limitation of section 2032(b)(4)(B) of

this title.

(4) Precedence of section 2034 survivor annuity over

death-in-service annuity

If a former spouse who is eligible for a death-in-service

annuity under this section is or becomes eligible for an annuity

under section 2034 of this title, the annuity provided under this

section shall not be payable and shall be superseded by the

annuity under section 2034 of this title.

(c) Annuities for surviving children

(1) Participants dying before April 1, 1992

In the case of a participant who before April 1, 1992, died

before separation or retirement from the Agency and who was

survived by a child or children -

(A) if the participant was survived by a spouse, there shall

be paid from the fund to or on behalf of each such surviving

child an annuity determined under section 2031(d)(3)(A) of this

title; and

(B) if the participant was not survived by a spouse, there

shall be paid from the fund to or on behalf of each such

surviving child an annuity determined under section

2031(d)(3)(B) of this title.

(2) Participants dying on or after April 1, 1992

In the case of a participant who on or after April 1, 1992,

dies before separation or retirement from the Agency and who is

survived by a child or children -

(A) if the participant is survived by a spouse or former

spouse who is the natural or adoptive parent of a surviving

child of the participant, there shall be paid from the fund to

or on behalf of each such surviving child an annuity determined

under section 2031(d)(3)(A) of this title; and

(B) if the participant is not survived by a spouse or former

spouse who is the natural or adoptive parent of a surviving

child of the participant, there shall be paid to or on behalf

of each such surviving child an annuity determined under

section 2031(d)(3)(B) of this title.

(3) "Former spouse" defined

For purposes of this subsection, the term "former spouse"

includes any former wife or husband of a participant, regardless

of the length of marriage or the amount of creditable service

completed by the participant.

-SOURCE-

(Pub. L. 88-643, title II, Sec. 232, as added Pub. L. 102-496,

title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3223; amended Pub.

L. 103-178, title II, Sec. 202(a)(9), Dec. 3, 1993, 107 Stat.

2026.)

-MISC1-

PRIOR PROVISIONS

A prior section 232 of Pub. L. 88-643, title II, Oct. 13, 1964,

78 Stat. 1048; Pub. L. 91-185, Sec. 4, Dec. 30, 1969, 83 Stat. 848;

Pub. L. 94-522, title II, Sec. 208, Oct. 17, 1976, 90 Stat. 2471;

Pub. L. 99-335, title V, Sec. 501(2), June 6, 1986, 100 Stat. 622;

Pub. L. 100-178, title IV, Sec. 402(a), Dec. 2, 1987, 101 Stat.

1013; Pub. L. 101-193, title III, Sec. 303, Nov. 30, 1989, 103

Stat. 1703; Pub. L. 102-88, title III, Sec. 305(a)(3), Aug. 14,

1991, 105 Stat. 432; Pub. L. 102-183, title III, Sec. 302(b), (c),

Dec. 4, 1991, 105 Stat. 1262, 1263; Pub. L. 102-496, title III,

Sec. 304(b), Oct. 24, 1992, 106 Stat. 3183, related to death in

service and was set out as a note under section 403 of this title

prior to the general amendment of Pub. L. 88-643 by section 802 of

Pub. L. 102-496.

AMENDMENTS

1993 - Subsec. (b)(4). Pub. L. 103-178 substituted "eligible for

an annuity under section 2034" for "eligible for an annuity under

section 2032".

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-178 effective Feb. 1, 1993, see section

202(b) of Pub. L. 103-178, set out as a note under section 2001 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 403n, 403s, 2002, 2031 of

this title.

-End-

-CITE-

50 USC Sec. 2053 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Part D - Benefits Accruing to Certain Participants

-HEAD-

Sec. 2053. Voluntary retirement

-STATUTE-

(a) A participant who is at least 50 years of age and has

completed 20 years of service may, on the participant's application

and with the consent of the Director, be retired from the Agency

and receive benefits in accordance with the provisions of section

2031 of this title if the participant has not less than 10 years of

service with the Agency.

(b) A participant who has at least 25 years of service, ten years

of which are with the Agency, may retire, with the consent of the

Director, at any age and receive benefits in accordance with the

provisions of section 2031 of this title if the Office of Personnel

Management has authorized separation from service voluntarily for

Agency employees under section 8336(d)(2) of title 5 with respect

to the Civil Service Retirement System or section 8414(b)(1)(B) of

such title with respect to the Federal Employees' Retirement

System.

-SOURCE-

(Pub. L. 88-643, title II, Sec. 233, as added Pub. L. 102-496,

title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3225; amended Pub.

L. 103-36, Sec. 3, June 8, 1993, 107 Stat. 106.)

-MISC1-

PRIOR PROVISIONS

A prior section 233 of Pub. L. 88-643, title II, Oct. 13, 1964,

78 Stat. 1048, related to voluntary retirement and was set out as a

note under section 403 of this title prior to the general amendment

of Pub. L. 88-643 by section 802 of Pub. L. 102-496.

AMENDMENTS

1993 - Pub. L. 103-36 designated existing provisions as subsec.

(a) and added subsec. (b).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2051, 2152 of this title.

-End-

-CITE-

50 USC Sec. 2054 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Part D - Benefits Accruing to Certain Participants

-HEAD-

Sec. 2054. Discontinued service benefits

-STATUTE-

(a) Deferred annuity

A participant who separates from the Agency may, upon separation

or at any time before the commencement of an annuity under this

subchapter, elect -

(1) to have the participant's contributions to the fund

returned to the participant in accordance with section 2071(a) of

this title; or

(2) except in a case in which the Director determines that

separation was based in whole or in part on the ground of

disloyalty to the United States, to leave the contributions in

the fund and receive an annuity, computed as prescribed in

section 2031 of this title, commencing at age 62.

(b) Refund of contributions if former participant dies before age

62

If a participant who qualifies under subsection (a) of this

section to receive a deferred annuity commencing at age 62 dies

before reaching age 62, the participant's contributions to the

fund, with interest, shall be paid in accordance with the

provisions of section 2071 of this title.

-SOURCE-

(Pub. L. 88-643, title II, Sec. 234, as added Pub. L. 102-496,

title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3225; amended Pub.

L. 103-178, title II, Sec. 202(a)(10), Dec. 3, 1993, 107 Stat.

2026.)

-MISC1-

PRIOR PROVISIONS

A prior section 234 of Pub. L. 88-643, title II, Oct. 13, 1964,

78 Stat. 1048; Pub. L. 97-269, title VI, Sec. 608, Sept. 27, 1982,

96 Stat. 1152; Pub. L. 99-335, title V, Sec. 501(2), June 6, 1986,

100 Stat. 622, related to discontinued service benefits and was set

out as a note under section 403 of this title prior to the general

amendment of Pub. L. 88-643 by section 802 of Pub. L. 102-496.

AMENDMENTS

1993 - Subsec. (b). Pub. L. 103-178 substituted "section 2071"

for "sections 2071 and 2121".

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-178 effective Feb. 1, 1993, see section

202(b) of Pub. L. 103-178, set out as a note under section 2001 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2051, 2071 of this title.

-End-

-CITE-

50 USC Sec. 2055 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Part D - Benefits Accruing to Certain Participants

-HEAD-

Sec. 2055. Mandatory retirement

-STATUTE-

(a) Involuntary retirement

(1) Authority of director. - The Director may, in the Director's

discretion, place in a retired status any participant in the system

described in paragraph (2).

(2) Paragraph (1) applies with respect to any participant who has

not less than 10 years of service with the Agency and who -

(A) has completed at least 25 years of service; or

(B) is at least 50 years of age and has completed at least 20

years of service.

(b) Mandatory retirement for age

(1) In general

A participant in the system shall be automatically retired from

the Agency -

(A) upon reaching age 65, in the case of a participant in the

system receiving compensation under the Senior Intelligence

Service pay schedule at the rate of level 4 or above; and

(B) upon reaching age 60, in the case of any other

participant in the system.

(2) Effective date of retirement

Retirement under paragraph (1) shall be effective on the last

day of the month in which the participant reaches the age

applicable to that participant under that paragraph.

(3) Authority for extension

In any case in which the Director determines it to be in the

public interest, the Director may extend the mandatory retirement

date for a participant under this subsection by a period of not

to exceed 5 years.

(c) Retirement benefits

A participant retired under this section shall receive retirement

benefits in accordance with section 2031 of this title.

-SOURCE-

(Pub. L. 88-643, title II, Sec. 235, as added Pub. L. 102-496,

title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3225.)

-MISC1-

PRIOR PROVISIONS

A prior section 235 of Pub. L. 88-643, title II, Oct. 13, 1964,

78 Stat. 1049; Ex. Ord. No. 12443, Sec. 13, Sept. 27, 1983, 48 F.R.

44754; Pub. L. 99-335, title V, Sec. 501(2), June 6, 1986, 100

Stat. 622; Pub. L. 102-183, title III, Sec. 307, Dec. 4, 1991, 105

Stat. 1265, related to mandatory retirement and was set out as a

note under section 403 of this title prior to the general amendment

of Pub. L. 88-643 by section 802 of Pub. L. 102-496.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2051, 2152 of this title.

-End-

-CITE-

50 USC Sec. 2056 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Part D - Benefits Accruing to Certain Participants

-HEAD-

Sec. 2056. Eligibility for annuity

-STATUTE-

(a) One-out-of-two requirement

A participant must complete, within the last two years before any

separation from service (except a separation because of death or

disability) at least one year of creditable civilian service during

which the participant is subject to this subchapter and in a pay

status before the participant or the participant's survivors are

eligible for an annuity under this subchapter based on that

separation.

(b) Refund of contributions for time not allowed for credit

If a participant (other than a participant separated from the

service because of death or disability) fails to meet the service

and pay status requirement of subsection (a) of this section, any

amounts deducted from the participant's pay during the period for

which no eligibility is established based on the separation shall

be returned to the participant on the separation.

(c) Exception

Failure to meet the service and pay status requirement of

subsection (a) of this section shall not deprive the participant or

the participant's survivors of any annuity to which they may be

entitled under this subchapter based on a previous separation.

-SOURCE-

(Pub. L. 88-643, title II, Sec. 236, as added Pub. L. 102-496,

title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3226.)

-MISC1-

PRIOR PROVISIONS

A prior section 236 of Pub. L. 88-643, as added Pub. L. 101-193,

title III, Sec. 302(2), Nov. 30, 1989, 103 Stat. 1703, related to

eligibility for annuity and was set out as a note under section 403

of this title prior to the general amendment of Pub. L. 88-643 by

section 802 of Pub. L. 102-496.

A prior section 237 of Pub. L. 88-643, title II, formerly Sec.

236, Oct. 13, 1964, 78 Stat. 1049; Pub. L. 91-626, Sec. 4, Dec. 31,

1970, 84 Stat. 1873; Pub. L. 93-31, May 8, 1973, 87 Stat. 65; Pub.

L. 99-335, title V, Sec. 501(2), June 6, 1986, 100 Stat. 622,

renumbered Sec. 237, Pub. L. 101-193, title III, Sec. 302(1), Nov.

30, 1989, 103 Stat. 1703, related to limitation on number of

retirements and was set out as a note under section 403 of this

title prior to the general amendment of Pub. L. 88-643 by section

802 of Pub. L. 102-496.

-End-

-CITE-

50 USC Part E - Lump-Sum Payments 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Part E - Lump-Sum Payments

-HEAD-

PART E - LUMP-SUM PAYMENTS

-End-

-CITE-

50 USC Sec. 2071 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Part E - Lump-Sum Payments

-HEAD-

Sec. 2071. Lump-sum payments

-STATUTE-

(a) Entitlement to lump-sum credit

Subject to section 2082(d) of this title and subsection (b) of

this section, a participant who -

(1) is separated from the Agency for at least 31 consecutive

days and is not transferred to employment covered by another

retirement system for Government employees;

(2) files an application with the Director for payment of the

lump-sum credit;

(3) is not reemployed in a position in which the participant is

subject to this subchapter at the time the participant files the

application; and

(4) will not become eligible to receive an annuity under this

subchapter within 31 days after filing the application,

is entitled to be paid the lump-sum credit. Receipt of the payment

of the lump-sum credit by the former participant voids all annuity

rights under this subchapter based on the service on which the

lump-sum credit is based, until the former participant is

reemployed in service subject to this subchapter.

(b) Conditions for payment of lump-sum credit

(1) In general

Whenever a former participant becomes entitled to receive

payment of the lump-sum credit under subsection (a) of this

section, such lump-sum credit shall be paid to the former

participant and to any former spouse or former wife or husband of

the former participant in accordance with paragraphs (2) through

(4). The former participant's lump-sum credit shall be reduced by

the amount of the lump-sum credit payable to any former spouse or

former wife or husband.

(2) Pro rata share for former spouse

Unless otherwise expressly provided by any spousal agreement or

court order under section 2094(b) of this title, a former spouse

of the former participant shall be entitled to receive a share of

such participant's lump-sum credit -

(A) if married to the participant throughout the period of

creditable service of the participant, equal to 50 percent of

such lump-sum credit; or

(B) if not married to the participant throughout such

creditable service, equal to a proportion of 50 percent of such

lump-sum credit which is the proportion that the number of days

of the marriage of the former spouse to the participant during

periods of creditable service of such participant bears to the

total number of days of such creditable service.

(3) Share for former wife or husband

Payment of the former participant's lump-sum credit shall be

subject to the terms of a court order under section 2094(c) of

this title concerning any former wife or husband of the former

participant if -

(A) the court order expressly relates to any portion of such

lump-sum credit; and

(B) payment of the lump-sum credit would extinguish

entitlement of such former wife or husband to a survivor

annuity under section 2036 of this title or to any portion of

the participant's annuity under section 2094(c) of this title.

(4) Notification

A lump-sum credit may be paid to or for the benefit of a former

participant -

(A) only upon written notification to (i) the current spouse,

if any, (ii) any former spouse, and (iii) any former wife or

husband who has a court order covered by paragraph (3); and

(B) only if the express written concurrence of the current

spouse has been received by the Director.

This paragraph may be waived under circumstances described in

section 2031(b)(1)(D) of this title.

(c) Order of precedence of payment

A lump-sum payment authorized by subsection (d) or (e) of this

section 2121(d) (!1) of this title and a payment of any accrued and

unpaid annuity authorized by subsection (f) of this section shall

be paid in the following order of precedence to individuals

surviving the participant and alive on the date entitlement to the

payment arises, upon establishment of a valid claim therefor, and

such payment bars recovery by any other individual:

(1) To the beneficiary or beneficiaries designated by such

participant in a signed and witnessed writing received by the

Director before the participant's death. For this purpose, a

designation, change, or cancellation of beneficiary in a will or

other document not so executed and filed with the Director shall

have no force or effect.

(2) If there is no designated beneficiary, to the surviving

wife or husband of such participant.

(3) If none of the above, to the child or children of such

participant and descendent of deceased children by

representation.

(4) If none of the above, to the parents of such participant or

the survivor of them.

(5) If none of the above, to the duly appointed executor or

administrator of the estate of such participant.

(6) If none of the above, to such other next of kin of such

participant as the Director determines to be legally entitled to

such payment.

(d) Death of former participant before retirement

(1) In general

Except as provided in paragraph (2), if a former participant

eligible for a deferred annuity under section 2054 of this title

dies before reaching age 62, such former participant's lump-sum

credit shall be paid in accordance with subsection (c) of this

section.

(2) Limitation

In any case where there is a surviving former spouse or

surviving former wife or husband of such participant who is

entitled to a share of such participant's lump-sum credit under

paragraphs (2) and (3) of subsection (b) of this section, the

lump-sum credit payable under paragraph (1) shall be reduced by

the lump-sum credit payable to such former spouse or former wife

or husband.

(e) Termination of all annuity rights

If all annuity rights under this subchapter based on the service

of a deceased participant or annuitant terminate before the total

annuity paid equals the lump-sum credit, the difference shall be

paid in accordance with subsection (c) of this section.

(f) Payment of accrued and unpaid annuity when retired participant

dies

If a retired participant dies, any annuity accrued and unpaid

shall be paid in accordance with subsection (c) of this section.

(g) Termination of survivor annuity

An annuity accrued and unpaid on the termination, except by

death, of the annuity of a survivor annuitant shall be paid to that

individual. An annuity accrued and unpaid on the death of a

survivor annuitant shall be paid in the following order of

precedence, and the payment bars recovery by any other individual:

(1) To the duly appointed executor or administrator of the

estate of the survivor annuitant.

(2) If there is no executor or administrator, to such next of

kin of the survivor annuitant as the Director determines to be

legally entitled to such payment, except that no payment shall be

made under this paragraph until after the expiration of 30 days

from the date of death of the survivor annuitant.

-SOURCE-

(Pub. L. 88-643, title II, Sec. 241, as added Pub. L. 102-496,

title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3226; amended Pub.

L. 103-178, title II, Sec. 202(a)(11), Dec. 3, 1993, 107 Stat.

2026.)

-MISC1-

PRIOR PROVISIONS

A prior section 241 of Pub. L. 88-643, title II, Oct. 13, 1964,

78 Stat. 1049; Pub. L. 94-522, title II, Sec. 209, Oct. 17, 1976,

90 Stat. 2471; Ex. Ord. No. 12443, Sec. 5, Sept. 27, 1983, 48 F.R.

44752; Pub. L. 99-335, title V, Sec. 501(2), June 6, 1986, 100

Stat. 622, related to disposition of contributions and interest in

excess of benefits received and was set out as a note under section

403 of this title prior to the general amendment of Pub. L. 88-643

by section 802 of Pub. L. 102-496.

AMENDMENTS

1993 - Subsec. (c). Pub. L. 103-178, Sec. 202(a)(11)(A),

substituted "A lump-sum payment authorized by subsection (d) or (e)

of this section 2121(d) of this title and a payment of any accrued

and unpaid annuity authorized by subsection (f) of this section"

for "A lump-sum benefit that would have been payable to a

participant, former participant, or annuitant, or to a survivor

annuitant, authorized by subsection (d) or (e) of this section or

by section 2054(b) or 2121(d) of this title".

Subsecs. (f), (g). Pub. L. 103-178, Sec. 202(a)(11)(B), added

subsec. (f) and redesignated former subsec. (f) as (g).

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-178 effective Feb. 1, 1993, see section

202(b) of Pub. L. 103-178, set out as a note under section 2001 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 403n, 2002, 2021, 2051,

2052, 2054, 2094, 2121 of this title.

-FOOTNOTE-

(!1) So in original. The words "of this section 2121(d)" probably

should be "of this section or by section 2121(d)".

-End-

-CITE-

50 USC Part F - Period of Service for Annuities 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Part F - Period of Service for Annuities

-HEAD-

PART F - PERIOD OF SERVICE FOR ANNUITIES

-End-

-CITE-

50 USC Sec. 2081 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Part F - Period of Service for Annuities

-HEAD-

Sec. 2081. Computation of length of service

-STATUTE-

(a) In general

(1) Crediting service as participant

For the purposes of this subchapter, the period of service of a

participant shall be computed from the date on which the

participant becomes a participant under this subchapter.

(2) Exclusion of certain periods

In computing the period of service of a participant, all

periods of separation from the Agency and so much of any leave of

absence without pay as may exceed six months in the aggregate in

any calendar year shall be excluded, except leaves of absence

while receiving benefits under chapter 81 of title 5 and leaves

of absence granted participants while performing active and

honorable service in the Armed Forces.

(3) Crediting certain periods of separation

A participant or former participant who returns to Government

duty after a period of separation shall have included in the

participant or former participant's period of service that part

of the period of separation in which the participant or former

participant was receiving benefits under chapter 81 of title 5.

(b) Extra credit for periods served at unhealthful posts overseas

(1) Classification of certain posts as unhealthful

The Director may from time to time establish a list of places

outside the United States that, by reason of climatic or other

extreme conditions, are to be classed as unhealthful posts. Such

list shall be established in consultation with the Secretary of

State.

(2) Extra credit

Each year of duty at a post on the list established under

paragraph (1), inclusive of regular leaves of absence, shall be

counted as one and a half years in computing the length of

service of a participant under this subchapter for the purpose of

retirement. In computing such service, any fractional month shall

be treated as a full month.

(3) Coordination with benefits under title 5

Extra credit for service at an unhealthful post may not be

credited to a participant who is paid a differential under

section 5925 or 5928 of title 5 for the same service.

-SOURCE-

(Pub. L. 88-643, title II, Sec. 251, as added Pub. L. 102-496,

title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3228.)

-MISC1-

PRIOR PROVISIONS

A prior section 251 of Pub. L. 88-643, title II, Oct. 13, 1964,

78 Stat. 1050; Pub. L. 94-522, title II, Sec. 210, Oct. 17, 1976,

90 Stat. 2471; Pub. L. 99-169, title VII, Sec. 702, Dec. 4, 1985,

99 Stat. 1008; Pub. L. 99-335, title V, Sec. 501(2), June 6, 1986,

100 Stat. 622, related to computation of length of service and was

set out as a note under section 403 of this title prior to the

general amendment of Pub. L. 88-643 by section 802 of Pub. L.

102-496.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2002, 2021, 2031 of this

title.

-End-

-CITE-

50 USC Sec. 2082 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Part F - Period of Service for Annuities

-HEAD-

Sec. 2082. Prior service credit

-STATUTE-

(a) In general

A participant may, subject to the provisions of this section,

include in the participant's period of service -

(1) civilian service in the Government before becoming a

participant that would be creditable toward retirement under

subchapter III of chapter 83 of title 5 (as determined under

section 8332(b) of such title); and

(2) honorable active service in the Armed Forces before the

date of the separation upon which eligibility for an annuity is

based, or honorable active service in the Regular or Reserve

Corps of the Public Health Service after June 30, 1960, or as a

commissioned officer of the National Oceanic and Atmospheric

Administration after June 30, 1961.

(b) Limitations

(1) In general

Except as provided in paragraphs (2) and (3), the total service

of any participant shall exclude -

(A) any period of civilian service on or after October 1,

1982, for which retirement deductions or deposits have not been

made,

(B) any period of service for which a refund of contributions

has been made, or

(C) any period of service for which contributions were not

transferred pursuant to subsection (c)(1) of this section;

unless the participant makes a deposit to the fund in an amount

equal to the percentages of basic pay received for such service

as specified in the table contained in section 8334(c) of title

5, together with interest computed in accordance with section

8334(e) of such title. The deposit may be made in one or more

installments (including by allotment from pay), as determined by

the Director.

(2) Effect of retirement deductions not made

If a participant has not paid a deposit for civilian service

performed before October 1, 1982, for which retirement deductions

were not made, such participant's annuity shall be reduced by 10

percent of the deposit described in paragraph (1) remaining

unpaid, unless the participant elects to eliminate the service

involved for the purpose of the annuity computation.

(3) Effect of refund of retirement contributions

A participant who received a refund of retirement contributions

under this or any other retirement system for Government

employees covering service for which the participant may be

allowed credit under this subchapter may deposit the amount

received, with interest computed under paragraph (1). Credit may

not be allowed for the service covered by the refund until the

deposit is made, except that a participant who -

(A) separated from Government service before October 1, 1990,

and received a refund of the participant's retirement

contributions covering a period of service ending before

October 1, 1990;

(B) is entitled to an annuity under this subchapter (other

than a disability annuity) which commences after December 1,

1992; and

(C) does not make the deposit required to receive credit for

the service covered by the refund;

shall be entitled to an annuity actuarially reduced in accordance

with section 8334(d)(2)(B) of title 5.

(4) Entitlement under another system

Credit toward retirement under the system shall not be allowed

for any period of civilian service on the basis of which the

participant is receiving (or will in the future be entitled to

receive) an annuity under another retirement system for

Government employees, unless the right to such annuity is waived

and a deposit is made under paragraph (1) covering that period of

service, or a transfer is made pursuant to subsection (c) of this

section.

(c) Transfer from other Government retirement systems

(1) In general

If an employee who is under another retirement system for

Government employees becomes a participant in the system by

direct transfer, the Government's contributions (including

interest accrued thereon computed in accordance with section

8334(e) of title 5) under such retirement system on behalf of the

employee as well as such employee's total contributions and

deposits (including interest accrued thereon), except voluntary

contributions, shall be transferred to the employee's credit in

the fund effective as of the date such employee becomes a

participant in the system.

(2) Consent of employee

Each such employee shall be deemed to consent to the transfer

of such funds, and such transfer shall be a complete discharge

and acquittance of all claims and demands against the other

Government retirement fund on account of service rendered before

becoming a participant in the system.

(3) Additional contributions; refunds

A participant whose contributions are transferred pursuant to

paragraph (1) shall not be required to make additional

contributions for periods of service for which full contributions

were made to the other Government retirement fund, nor shall any

refund be made to any such participant on account of

contributions made during any period to the other Government

retirement fund at a higher rate than that fixed for employees by

section 8334(c) of title 5 for contributions to the fund.

(d) Transfer to other Government retirement systems

(1) In general

If a participant in the system becomes an employee under

another Government retirement system by direct transfer to

employment covered by such system, the Government's contributions

(including interest accrued thereon computed in accordance with

section 8334(e) of title 5) to the fund on the participant's

behalf as well as the participant's total contributions and

deposits (including interest accrued thereon), except voluntary

contributions, shall be transferred to the participant's credit

in the fund of such other retirement system effective as of the

date on which the participant becomes eligible to participate in

such other retirement system.

(2) Consent of employee

Each such employee shall be deemed to consent to the transfer

of such funds, and such transfer shall be a complete discharge

and acquittance of all claims and demands against the fund on

account of service rendered before the participant's becoming

eligible for participation in that other system.

(e) Prior military service credit

(1) Application to obtain credit

If a deposit required to obtain credit for prior military

service described in subsection (a)(2) of this section was not

made to another Government retirement fund and transferred under

subsection (c)(1) of this section, the participant may obtain

credit for such military service, subject to the provisions of

this subsection and subsections (f) through (h) of this section,

by applying for it to the Director before retirement or

separation from the Agency.

(2) Employment starting before, on, or after October 1, 1982

Except as provided in paragraph (3) -

(A) the service of a participant who first became a Federal

employee before October 1, 1982, shall include credit for each

period of military service performed before the date of

separation on which entitlement to an annuity under this

subchapter is based, subject to subsection (f) of this section;

and

(B) the service of a participant who first becomes a Federal

employee on or after October 1, 1982, shall include credit for

-

(i) each period of military service performed before

January 1, 1957, and

(ii) each period of military service performed after

December 31, 1956, and before the separation on which

entitlement to an annuity under this subchapter is based,

only if a deposit (with interest, if any) is made with

respect to that period, as provided in subsection (h) of this

section.

(3) Effect of receipt of military retired pay

In the case of a participant who is entitled to retired pay

based on a period of military service, the participant's service

may not include credit for such period of military service unless

the retired pay is paid -

(A) on account of a service-connected disability -

(i) incurred in combat with an enemy of the United States;

or

(ii) caused by an instrumentality of war and incurred in

the line of duty during a period of war (as defined in

section 1101 of title 38); or

(B) under chapter 67 (!1) of title 10.

(4) Survivor annuity

Notwithstanding paragraph (3), the survivor annuity of a

survivor of a participant -

(A) who was awarded retired pay based on any period of

military service, and

(B) whose death occurs before separation from the Agency,

shall be computed in accordance with section 8332(c)(3) of title

5.

(f) Effect of entitlement to social security benefits

(1) In general

Notwithstanding any other provision of this section (except

paragraph (3) of this subsection) or section 2083 of this title,

any military service (other than military service covered by

military leave with pay from a civilian position) performed by a

participant after December 1956 shall be excluded in determining

the aggregate period of service on which an annuity payable under

this subchapter to such participant or to the participant's

spouse, former spouse, previous spouse, or child is based, if

such participant, spouse, former spouse, previous spouse, or

child is entitled (or would upon proper application be entitled),

at the time of such determination, to monthly old-age or

survivors' insurance benefits under section 402 of title 42,

based on such participant's wages and self-employment income. If

the military service is not excluded under the preceding

sentence, but upon attaining age 62, the participant or spouse,

former spouse, or previous spouse becomes entitled (or would upon

proper application be entitled) to such benefits, the aggregate

period of service on which the annuity is based shall be

redetermined, effective as of the first day of the month in which

the participant or spouse, former spouse, or previous spouse

attains age 62, so as to exclude such service.

(2) Limitation

The provisions of paragraph (1) relating to credit for military

service do not apply to -

(A) any period of military service of a participant with

respect to which the participant has made a deposit with

interest, if any, under subsection (h) of this section; or

(B) the military service of any participant described in

subsection (e)(2)(B) of this section.

(3) Effect of entitlement before September 8, 1982

(A) The annuity recomputation required by paragraph (1) shall

not apply to any participant who was entitled to an annuity under

this subchapter on or before September 8, 1982, or who is

entitled to a deferred annuity based on separation from the

Agency occurring on or before such date. Instead of an annuity

recomputation, the annuity of such participant shall be reduced

at age 62 by an amount equal to a fraction of the participant's

old-age or survivors' insurance benefits under section 402 of

title 42. The reduction shall be determined by multiplying the

participant's monthly Social Security benefit by a fraction, the

numerator of which is the participant's total military wages and

deemed additional wages (within the meaning of section 429 of

title 42) that were subject to Social Security deductions and the

denominator of which is the total of all the participant's wages,

including military wages, and all self-employment income that

were subject to Social Security deductions before the calendar

year in which the determination month occurs.

(B) The reduction determined in accordance with subparagraph

(A) shall not be greater than the reduction that would be

required under paragraph (1) if such paragraph applied to the

participant. The new formula shall be applicable to any annuity

payment payable after October 1, 1982, including annuity payments

to participants who had previously reached age 62 and whose

annuities had already been recomputed.

(C) For purposes of this paragraph, the term "determination

month" means -

(i) the first month for which the participant is entitled to

old-age or survivors' insurance benefits (or would be entitled

to such benefits upon application therefor); or

(ii) October 1982, in the case of any participant entitled to

such benefits for that month.

(g) Deposits paid by survivors

For the purpose of survivor annuities, deposits authorized by

subsections (b) and (h) of this section may also be made by the

survivor of a participant.

(h) Deposits for periods of military service

(1)(A) Each participant who has performed military service before

the date of separation on which entitlement to an annuity under

this subchapter is based may pay to the Agency an amount equal to 7

percent of the amount of basic pay paid under section 204 of title

37 to the participant for each period of military service after

December 1956; except, the amount to be paid for military service

performed beginning on January 1, 1999, through December 31, 2000,

shall be as follows:

7.25 percent of January 1, 1999, to December 31,

basic pay 1999.

7.4 percent of January 1, 2000, to December 31,

basic pay 2000.

--------------------------------------------------------------------

(B) The amount of such payments shall be based on such evidence

of basic pay for military service as the participant may provide

or, if the Director determines sufficient evidence has not been

provided to adequately determine basic pay for military service,

such payment shall be based upon estimates of such basic pay

provided to the Director under paragraph (4).

(2) Any deposit made under paragraph (1) more than two years

after the later of -

(A) October 1, 1983, or

(B) the date on which the participant making the deposit first

becomes an employee of the Federal Government,

shall include interest on such amount computed and compounded

annually beginning on the date of expiration of the two-year

period. The interest rate that is applicable in computing interest

in any year under this paragraph shall be equal to the interest

rate that is applicable for such year under section 8334(e) of

title 5.

(3) Any payment received by the Director under this subsection

shall be deposited in the Treasury of the United States to the

credit of the fund.

(4) The provisions of section 2031(k) of this title shall apply

with respect to such information as the Director determines to be

necessary for the administration of this subsection in the same

manner that such section applies concerning information described

in that section.

-SOURCE-

(Pub. L. 88-643, title II, Sec. 252, as added Pub. L. 102-496,

title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3229; amended Pub.

L. 105-33, title VII, Sec. 7001(c)(3), Aug. 5, 1997, 111 Stat. 659;

Pub. L. 106-346, Sec. 101(a) [title V, Sec. 505(c)(2)], Oct. 23,

2000, 114 Stat. 1356, 1356A-53.)

-REFTEXT-

REFERENCES IN TEXT

Chapter 67 of title 10, referred to in subsec. (e)(3)(B), was

transferred to part II of subtitle E of Title 10, Armed Forces,

renumbered as chapter 1223, and amended generally by Pub. L.

103-337, div. A, title XVI, Sec. 1662(j)(1), Oct. 5, 1994, 108

Stat. 2998. A new chapter 67 (Sec. 1331) of Title 10 was added by

section 1662(j)(7) of Pub. L. 103-337.

-MISC1-

PRIOR PROVISIONS

A prior section 252 of Pub. L. 88-643, title II, Oct. 13, 1964,

78 Stat. 1050; Pub. L. 91-626, Secs. 5, 6, Dec. 31, 1970, 84 Stat.

1872; Pub. L. 94-522, title II, Sec. 211, Oct. 17, 1976, 90 Stat.

2471; Ex. Ord. No. 12443, Secs. 9-11, 15, Sept. 27, 1983, 48 F.R.

44753, 44755; Ex. Ord. No. 12485, July 13, 1984, 49 F.R. 28827;

Pub. L. 99-335, title V, Sec. 501(2), June 6, 1986, 100 Stat. 622;

Pub. L. 102-83, Sec. 5(c)(2), Aug. 6, 1991, 105 Stat. 406, related

to prior service credit and was set out as a note under section 403

of this title prior to the general amendment of Pub. L. 88-643 by

section 802 of Pub. L. 102-496.

AMENDMENTS

2000 - Subsec. (h)(1)(A). Pub. L. 106-346, in introductory

provisions, substituted "December 31, 2000" for "December 31, 2002"

and in table struck out item at end relating to payment of 7.5

percent of basic pay for service period January 1, 2001, to

December 31, 2002.

1997 - Subsec. (h)(1). Pub. L. 105-33 amended par. (1) generally.

Prior to amendment, par. (1) read as follows: "Each participant who

has performed military service before the date of separation on

which entitlement to an annuity under this subchapter is based may

pay to the Agency an amount equal to 7 percent of the amount of

basic pay paid under section 204 of title 37 to the participant for

each period of military service after December 1956. The amount of

such payments shall be based on such evidence of basic pay for

military service as the participant may provide or, if the Director

determines sufficient evidence has not been provided to adequately

determine basic pay for military service, such payment shall be

based upon estimates of such basic pay provided to the Director

under paragraph (4)."

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-346 effective upon the close of calendar

year 2000 and applicable thereafter, see section 101(a) [title V,

Sec. 505(i)] of Pub. L. 106-346, set out as a note under section

8334 of Title 5, Government Organization and Employees.

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-33 effective Oct. 1, 1997, see section

7001(f) of Pub. L. 105-33, set out as a note under section 8334 of

Title 5, Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2001, 2002, 2021, 2031,

2051, 2071, 2083, 2091 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

50 USC Sec. 2083 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Part F - Period of Service for Annuities

-HEAD-

Sec. 2083. Credit for service while on military leave

-STATUTE-

(a) General rule

A participant who, during the period of any war or of any

national emergency as proclaimed by the President or declared by

the Congress, leaves the participant's position in the Agency to

enter military service shall not be considered, for purposes of

this subchapter, as separated from the participant's position in

the Agency by reason of such military service, unless the

participant applies for and receives a refund of contributions

under this subchapter. Such a participant may not be considered as

retaining such position in the Agency after December 31, 1956, or

upon the expiration of five years of such military service,

whichever is later.

(b) Waiver of contributions

Except to the extent provided under section 2082(e) or 2082(h) of

this title, contributions shall not be required covering periods of

leave of absence from the Agency granted a participant while

performing active service in the Armed Forces.

-SOURCE-

(Pub. L. 88-643, title II, Sec. 253, as added Pub. L. 102-496,

title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3234.)

-MISC1-

PRIOR PROVISIONS

A prior section 253 of Pub. L. 88-643, title II, Oct. 13, 1964,

78 Stat. 1052; Pub. L. 99-335, title V, Sec. 501(2), June 6, 1986,

100 Stat. 622, related to credit for service while on military

leave and was set out as a note under section 403 of this title

prior to the general amendment of Pub. L. 88-643 by section 802 of

Pub. L. 102-496.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2002, 2082 of this title.

-End-

-CITE-

50 USC Part G - Moneys 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Part G - Moneys

-HEAD-

PART G - MONEYS

-End-

-CITE-

50 USC Sec. 2091 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Part G - Moneys

-HEAD-

Sec. 2091. Estimate of appropriations needed

-STATUTE-

(a) Estimates of annual appropriations

The Director shall prepare the estimates of the annual

appropriations required to be made to the fund.

(b) Actuarial valuations

The Director shall cause to be made actuarial valuations of the

fund at such intervals as the Director determines to be necessary,

but not less often than every five years.

(c) Changes in law affecting actuarial status of fund

Any statute which authorizes -

(1) new or increased benefits payable from the fund under this

subchapter, including annuity increases other than under section

2131 of this title;

(2) extension of the coverage of this subchapter to new groups

of employees; or

(3) increases in pay on which benefits are computed;

is deemed to authorize appropriations to the fund in order to

provide funding for the unfunded liability created by that statute,

in 30 equal annual installments with interest computed at the rate

used in the then most recent valuation of the system and with the

first payment thereof due as of the end of the fiscal year in which

such new or liberalized benefit, extension of coverage, or increase

in pay is effective.

(d) Authorization

There is hereby authorized to be appropriated to the fund for

each fiscal year such amounts as may be necessary to meet the

amount of normal cost for each year that is not met by

contributions under section 2021(a) of this title.

(e) Unfunded liability; credit allowed for military service

There is hereby authorized to be appropriated to the fund for

each fiscal year such sums as may be necessary to provide the

amount equivalent to -

(1) interest on the unfunded liability computed for that year

at the interest rate used in the then most recent valuation of

the system; and

(2) that portion of disbursement for annuities for that year

that the Director estimates is attributable to credit allowed for

military service,

less an amount determined by the Director to be appropriate to

reflect the value of the deposits made to the credit of the fund

under section 2082(h) of this title.

-SOURCE-

(Pub. L. 88-643, title II, Sec. 261, as added Pub. L. 102-496,

title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3234.)

-MISC1-

PRIOR PROVISIONS

A prior section 261 of Pub. L. 88-643, title II, Oct. 13, 1964,

78 Stat. 1052; Pub. L. 94-522, title I, Sec. 102, Oct. 17, 1976, 90

Stat. 2467; Ex. Ord. No. 12443, Sec. 12, Sept. 27, 1983, 48 F.R.

44754; Pub. L. 99-335, title V, Sec. 501(2), (3), June 6, 1986, 100

Stat. 622, related to estimate of appropriations needed and was set

out as a note under section 403 of this title prior to the general

amendment of Pub. L. 88-643 by section 802 of Pub. L. 102-496.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2001 of this title.

-End-

-CITE-

50 USC Sec. 2092 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Part G - Moneys

-HEAD-

Sec. 2092. Investment of moneys in fund

-STATUTE-

The Director may, with the approval of the Secretary of the

Treasury, invest from time to time in interest-bearing securities

of the United States such portions of the fund as in the Director's

judgment may not be immediately required for the payment of

annuities, cash benefits, refunds, and allowances from the fund.

The income derived from such investments shall be credited to and

constitute a part of the fund.

-SOURCE-

(Pub. L. 88-643, title II, Sec. 262, as added Pub. L. 102-496,

title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3235.)

-MISC1-

PRIOR PROVISIONS

A prior section 262 of Pub. L. 88-643, title II, Oct. 13, 1964,

78 Stat. 1052, related to investment of moneys in the fund and was

set out as a note under section 403 of this title prior to the

general amendment of Pub. L. 88-643 by section 802 of Pub. L.

102-496.

-End-

-CITE-

50 USC Sec. 2093 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Part G - Moneys

-HEAD-

Sec. 2093. Payment of benefits

-STATUTE-

(a) Annuities stated as annual amounts

Each annuity is stated as an annual amount, 1/12 of which,

rounded to the next lowest dollar, constitutes the monthly rate

payable on the first business day of the month after the month or

other period for which it has accrued.

(b) Commencement of annuity

(1) Commencement of annuity for participants generally

Except as otherwise provided in paragraph (2), the annuity of a

participant who has met the eligibility requirements for an

annuity shall commence on the first day of the month after

separation from the Agency or after pay ceases and the service

and age requirements for title to an annuity are met.

(2) Exceptions

The annuity of -

(A) a participant involuntarily separated from the Agency;

(B) a participant retiring under section 2051 of this title

due to a disability; and

(C) a participant who serves 3 days or less in the month of

retirement;

shall commence on the day after separation from the Agency or the

day after pay ceases and the service and age or disability

requirements for title to annuity are met.

(3) Other annuities

Any other annuity payable from the fund commences on the first

day of the month after the occurrence of the event on which

payment thereof is based.

(c) Termination of annuity

An annuity payable from the fund shall terminate -

(1) in the case of a retired participant, on the day death or

any other terminating event provided by this subchapter occurs;

or

(2) in the case of a former spouse or a survivor, on the last

day of the month before death or any other terminating event

occurs.

(d) Application for survivor annuities

The annuity to a survivor shall become effective as otherwise

specified but shall not be paid until the survivor submits an

application for such annuity, supported by such proof of

eligibility as the Director may require. If such application or

proof of eligibility is not submitted during the lifetime of an

otherwise eligible individual, no annuity shall be due or payable

to the individual's estate.

(e) Waiver of annuity

An individual entitled to an annuity from the fund may decline to

accept all or any part of the annuity by submitting a signed waiver

to the Director. The waiver may be revoked in writing at any time.

Payment of the annuity waived may not be made for the period during

which the waiver is in effect.

(f) Limitations

(1) Application before 115th anniversary

No payment shall be made from the fund unless an application

for benefits based on the service of the participant is received

by the Director before the 115th anniversary of the participant's

birth.

(2) Application within 30 years

Notwithstanding paragraph (1), after the death of a participant

or retired participant, no benefit based on that participant's

service may be paid from the fund unless an application for the

benefit is received by the Director within 30 years after the

death or other event which gives rise to eligibility for the

benefit.

(g) Withholding of State income tax from annuities

(1) Agreements with States

The Director shall, in accordance with this subsection, enter

into an agreement with any State within 120 days of a request for

agreement from the proper State official. The agreement shall

provide that the Director shall withhold State income tax in the

case of the monthly annuity of any annuitant who voluntarily

requests, in writing, such withholding. The amounts withheld

during any calendar quarter shall be held in the Fund (!1) and

disbursed to the States during the month following that calendar

quarter.

(2) Limitation on multiple requests

An annuitant may have in effect at any time only one request

for withholding under this subsection, and an annuitant may not

have more than two such requests during any one calendar year.

(3) Change in State designation

Subject to paragraph (2), an annuitant may change the State

designated by that annuitant for purposes of having withholdings

made, and may request that the withholdings be remitted in

accordance with such change. An annuitant also may revoke any

request of that annuitant for withholding. Any change in the

State designated or revocation is effective on the first day of

the month after the month in which the request or the revocation

is processed by the Director, but in no event later than on the

first day of the second month beginning after the day on which

such request or revocation is received by the Director.

(4) General provisions

This subsection does not give the consent of the United States

to the application of a statute which imposes more burdensome

requirements of the United States than on employers generally, or

which subjects the United States or any annuitant to a penalty or

liability because of this subsection. The Director may not accept

pay from a State for services performed in withholding State

income taxes from annuities. Any amount erroneously withheld from

an annuity and paid to a State by the Director shall be repaid by

the State in accordance with regulations prescribed by the

Director.

(5) "State" defined

For the purpose of this subsection, the term "State" includes

the District of Columbia and any territory or possession of the

United States.

-SOURCE-

(Pub. L. 88-643, title II, Sec. 263, as added Pub. L. 102-496,

title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3235.)

-MISC1-

PRIOR PROVISIONS

A prior section 263 of Pub. L. 88-643, title II, Oct. 13, 1964,

78 Stat. 1052; Pub. L. 97-269, title VI, Sec. 609, Sept. 27, 1982,

96 Stat. 1153; Pub. L. 99-335, title V, Sec. 501(2), June 6, 1986,

100 Stat. 622, related to attachment of moneys and was set out as a

note under section 403 of this title prior to the general amendment

of Pub. L. 88-643 by section 802 of Pub. L. 102-496.

-FOOTNOTE-

(!1) So in original. Probably should not be capitalized.

-End-

-CITE-

50 USC Sec. 2094 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Part G - Moneys

-HEAD-

Sec. 2094. Attachment of moneys

-STATUTE-

(a) Exemption from legal process

Except as provided in subsections (b), (c), and (e) of this

section, none of the moneys mentioned in this subchapter shall be

assignable either in law or equity, or be subject to execution,

levy, attachment, garnishment, or other legal process, except as

otherwise may be provided by Federal laws.

(b) Payment to former spouses under court order or spousal

agreement

In the case of any participant, former participant, or retired

participant who has a former spouse who is covered by a court order

or who is a party to a spousal agreement -

(1) any right of the former spouse to any annuity under section

2032(a) of this title in connection with any retirement or

disability annuity of the participant, and the amount of any such

annuity;

(2) any right of the former spouse of a participant or retired

participant to a survivor annuity under section 2032(b) or

2032(c) of this title, and the amount of any such annuity; and

(3) any right of the former spouse of a former participant to

any payment of a lump-sum credit under section 2071(b) of this

title, and the amount of any such payment;

shall be determined in accordance with that spousal agreement or

court order, if and to the extent expressly provided for in the

terms of the spousal agreement or court order that are not

inconsistent with the requirements of this subchapter.

(c) Other payments under court orders

Payments under this subchapter that would otherwise be made to a

participant, former participant, or retired participant based upon

that participant's service shall be paid, in whole or in part, by

the Director to another individual if and to the extent expressly

provided for in the terms of any court decree of divorce,

annulment, or legal separation, or the terms of any court order or

court-approved property settlement agreement incident to any court

decree of divorce, annulment, or legal separation.

(d) Prospective payments; bar to recovery

(1) Subsections (b) and (c) of this section apply only to

payments made under this subchapter for periods beginning after the

date of receipt by the Director of written notice of such decree,

order, or agreement and such additional information and

documentation as the Director may require.

(2) Any payment under subsection (b) or (c) of this section to an

individual bars recovery by any other individual.

(e) Allotments

An individual entitled to an annuity from the fund may make

allotments or assignments of amounts from such annuity for such

purposes as the Director considers appropriate.

-SOURCE-

(Pub. L. 88-643, title II, Sec. 264, as added Pub. L. 102-496,

title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3237; amended Pub.

L. 103-178, title II, Sec. 202(a)(12), Dec. 3, 1993, 107 Stat.

2027.)

-MISC1-

PRIOR PROVISIONS

A prior section 264 of Pub. L. 88-643, as added Pub. L. 94-522,

title II, Sec. 212, Oct. 17, 1976, 90 Stat. 2471, related to

recovery of payments and was set out as a note under section 403 of

this title prior to the general amendment of Pub. L. 88-643 by

section 802 of Pub. L. 102-496. See section 2095 of this title.

AMENDMENTS

1993 - Subsec. (b)(2). Pub. L. 103-178, Sec. 202(a)(12)(A),

inserted "and" at end.

Subsec. (b)(3). Pub. L. 103-178, Sec. 202(a)(12)(B), substituted

", and the amount of any such payment;" for "and to any payment of

a return of contributions under section 2054(a) of this title;

and".

Subsec. (b)(4). Pub. L. 103-178, Sec. 202(a)(12)(C), struck out

par. (4) which read as follows: "any right of the former spouse of

a participant or former participant to a lump-sum payment or

additional annuity payable from a voluntary contribution account

under section 2121 of this title;".

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-178 effective Feb. 1, 1993, see section

202(b) of Pub. L. 103-178, set out as a note under section 2001 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 403n, 2031, 2032, 2033,

2071 of this title.

-End-

-CITE-

50 USC Sec. 2095 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Part G - Moneys

-HEAD-

Sec. 2095. Recovery of payments

-STATUTE-

Recovery of payments under this subchapter may not be made from

an individual when, in the judgment of the Director, the individual

is without fault and recovery would be against equity and good

conscience. Withholding or recovery of money payable pursuant to

this subchapter on account of a certification or payment made by a

former employee of the Agency in the discharge of the former

employee's official duties may be made if the Director certifies

that the certification or payment involved fraud on the part of the

former employee.

-SOURCE-

(Pub. L. 88-643, title II, Sec. 265, as added Pub. L. 102-496,

title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3237; amended Pub.

L. 103-178, title II, Sec. 202(a)(13), Dec. 3, 1993, 107 Stat.

2027.)

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-178 substituted "subchapter" for "chapter" in

two places.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-178 effective Feb. 1, 1993, see section

202(b) of Pub. L. 103-178, set out as a note under section 2001 of

this title.

-End-

-CITE-

50 USC Part H - Retired Participants Recalled,

Reinstated, or Reappointed in

Agency or Reemployed in Government 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Part H - Retired Participants Recalled, Reinstated, or Reappointed

in Agency or Reemployed in Government

-HEAD-

PART H - RETIRED PARTICIPANTS RECALLED, REINSTATED, OR REAPPOINTED

IN AGENCY OR REEMPLOYED IN GOVERNMENT

-End-

-CITE-

50 USC Sec. 2111 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Part H - Retired Participants Recalled, Reinstated, or Reappointed

in Agency or Reemployed in Government

-HEAD-

Sec. 2111. Recall

-STATUTE-

(a) Authority to recall

The Director may, with the consent of a retired participant,

recall that participant to service in the Agency whenever the

Director determines that such recall is in the public interest.

(b) Pay of retired participant while serving

A retired participant recalled to duty in the Agency under

subsection (a) of this section or reinstated or reappointed in

accordance with section 2051(b) (!1) of this title shall, while so

serving, be entitled, in lieu of the retired participant's annuity,

to the full basic pay of the grade in which the retired participant

is serving. During such service, the retired participant shall make

contributions to the fund in accordance with section 2021 of this

title.

(c) Recomputation of annuity

When the retired participant reverts to retired status, the

annuity of the retired participant shall be redetermined in

accordance with section 2031 of this title.

-SOURCE-

(Pub. L. 88-643, title II, Sec. 271, as added Pub. L. 102-496,

title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3238.)

-MISC1-

PRIOR PROVISIONS

A prior section 271 of Pub. L. 88-643, title II, Oct. 13, 1964,

78 Stat. 1052, related to recalled participants and was set out as

a note under section 403 of this title prior to the general

amendment of Pub. L. 88-643 by section 802 of Pub. L. 102-496.

WAIVER OF DUAL COMPENSATION PROVISIONS

For waiver of application of the dual compensation reduction

provisions of this section for temporary employees during an

emergency, see Ex. Ord. No. 13236, Nov. 27, 2001, 66 F.R. 59671,

set out as a note under section 2141 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2031, 2032, 2152 of this

title.

-FOOTNOTE-

(!1) So in original. Probably should be section "2051(c)".

-End-

-CITE-

50 USC Sec. 2112 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Part H - Retired Participants Recalled, Reinstated, or Reappointed

in Agency or Reemployed in Government

-HEAD-

Sec. 2112. Reemployment

-STATUTE-

A participant retired under this subchapter shall not, by reason

of that retired status, be barred from employment in Federal

Government service in any appointive position for which the

participant is qualified.

-SOURCE-

(Pub. L. 88-643, title II, Sec. 272, as added Pub. L. 102-496,

title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3238.)

-MISC1-

PRIOR PROVISIONS

A prior section 272 of Pub. L. 88-643, title II, Oct. 13, 1964,

78 Stat. 1053; Pub. L. 99-335, title V, Sec. 501(2), June 6, 1986,

100 Stat. 622, related to reemployed participants and was set out

as a note under section 403 of this title prior to the general

amendment of Pub. L. 88-643 by section 802 of Pub. L. 102-496.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2032 of this title.

-End-

-CITE-

50 USC Sec. 2113 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Part H - Retired Participants Recalled, Reinstated, or Reappointed

in Agency or Reemployed in Government

-HEAD-

Sec. 2113. Reemployment compensation

-STATUTE-

(a) Deduction from basic pay

An annuitant who has retired under this subchapter and who is

reemployed in the Federal Government service in any appointive

position (either on a part-time or full-time basis) shall be

entitled to receive the annuity payable under this subchapter, but

there shall be deducted from the annuitant's basic pay a sum equal

to the annuity allocable to the period of actual employment.

(b) Recovery of overpayments

In the event of an overpayment under this section, the amount of

the overpayment shall be recovered by withholding the amount

involved from the basic pay payable to such reemployed annuitant or

from any other moneys, including the annuitant's annuity, payable

in accordance with this subchapter.

(c) Deposit in fund

Sums deducted from the basic pay of a reemployed annuitant under

this section shall be deposited in the Treasury of the United

States to the credit of the fund.

-SOURCE-

(Pub. L. 88-643, title II, Sec. 273, as added Pub. L. 102-496,

title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3238.)

-MISC1-

PRIOR PROVISIONS

A prior section 273 of Pub. L. 88-643, title II, Oct. 13, 1964,

78 Stat. 1053; Pub. L. 99-335, title V, Sec. 501(2), June 6, 1986,

100 Stat. 622, related to reemployment compensation and was set out

as a note under section 403 of this title prior to the general

amendment of Pub. L. 88-643 by section 802 of Pub. L. 102-496.

WAIVER OF DUAL COMPENSATION PROVISIONS

For waiver of application of the dual compensation reduction

provisions of this section for temporary employees during an

emergency, see Ex. Ord. No. 13236, Nov. 27, 2001, 66 F.R. 59671,

set out as a note under section 2141 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2032 of this title.

-End-

-CITE-

50 USC Part I - Voluntary Contributions 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Part I - Voluntary Contributions

-HEAD-

PART I - VOLUNTARY CONTRIBUTIONS

-End-

-CITE-

50 USC Sec. 2121 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Part I - Voluntary Contributions

-HEAD-

Sec. 2121. Voluntary contributions

-STATUTE-

(a) Authority for voluntary contributions

(1) In general

Under such regulations as may be prescribed by the Director, a

participant may voluntarily contribute additional sums in

multiples of one percent of the participant's basic pay, but not

in excess of 10 percent of such basic pay.

(2) Interest

The voluntary contribution account in each case is the sum of

unrefunded contributions, plus interest -

(A) for periods before January 1, 1985, at 3 percent a year;

and

(B) for periods on or after January 1, 1985, at the rate

computed under section 8334(e) of title 5,

compounded annually to the date of election under subsection (b)

of this section or the date of payment under subsection (d) of

this section.

(b) Treatment of voluntary contributions

Effective on the date of retirement and at the election of the

participant, the participant's account shall be -

(1) returned in a lump sum;

(2) used to purchase an additional life annuity;

(3) used to purchase an additional life annuity for the

participant and to provide for a cash payment on the

participant's death to a beneficiary; or

(4) used to purchase an additional life annuity for the

participant and a life annuity commencing on the participant's

death payable to a beneficiary, with a guaranteed return to the

beneficiary or the beneficiary's legal representative of an

amount equal to the cash payment referred to in paragraph (3).

In the case of a benefit provided under paragraph (3) or (4), the

participant shall notify the Director in writing of the name of the

beneficiary of the cash payment or life annuity to be paid upon the

participant's death.

(c) Value of benefits

The benefits provided by subsection (b)(2), (3), or (4) of this

section shall be actuarially equivalent in value to the payment

provided for in subsection (b)(1) of this section and shall be

calculated upon such tables of mortality as may be from time to

time prescribed for this purpose by the Director.

(d) Lump-sum payment

A voluntary contribution account shall be paid in a lump sum at

such time as the participant dies or separates from the Agency

without entitlement to an annuity. In the case of death, the

account shall be paid in the order of precedence specified in

section 2071(c) of this title.

(e) Benefits in addition to other benefits

Any benefit payable to a participant or to the participant's

beneficiary with respect to the additional contributions provided

under this section shall be in addition to benefits otherwise

provided under this subchapter.

-SOURCE-

(Pub. L. 88-643, title II, Sec. 281, as added Pub. L. 102-496,

title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3239.)

-MISC1-

PRIOR PROVISIONS

A prior section 281 of Pub. L. 88-643, title II, Oct. 13, 1964,

78 Stat. 1053; Ex. Ord. No. 12443, Sec. 3, Sept. 27, 1983, 48 F.R.

44751; Pub. L. 99-335, title V, Sec. 501(2), June 6, 1986, 100

Stat. 622, related to voluntary contributions and was set out as a

note under section 403 of this title prior to the general amendment

of Pub. L. 88-643 by section 802 of Pub. L. 102-496.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2021, 2052, 2071 of this

title.

-End-

-CITE-

50 USC Part J - Cost-of-Living Adjustment of Annuities 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Part J - Cost-of-Living Adjustment of Annuities

-HEAD-

PART J - COST-OF-LIVING ADJUSTMENT OF ANNUITIES

-End-

-CITE-

50 USC Sec. 2131 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Part J - Cost-of-Living Adjustment of Annuities

-HEAD-

Sec. 2131. Cost-of-living adjustment of annuities

-STATUTE-

(a) In general

Each annuity payable from the fund shall be adjusted as follows:

(1) Each cost-of-living annuity increase under this section

shall be identical to the corresponding percentage increase under

section 8340(b) of title 5.

(2) A cost-of-living increase made under paragraph (1) shall

become effective under this section on the effective date of each

such increase under section 8340(b) of title 5. Except as

provided in subsection (b) of this section, each such increase

shall be applied to each annuity payable from the fund which has

a commencing date not later than the effective date of the

increase.

(b) Eligibility

Eligibility for an annuity increase under this section shall be

governed by the commencing date of each annuity payable from the

fund as of the effective date of an increase, except as follows:

(1) The first cost-of-living increase (if any) made under

subsection (a) of this section to an annuity which is payable

from the fund to a participant who retires, to the surviving

spouse, former spouse, or previous spouse of a participant who

dies in service, or to the surviving spouse, former spouse,

previous spouse, or insurable interest designee of a deceased

annuitant whose annuity has not been increased under this

subsection or subsection (a) of this section, shall be equal to

the product (adjusted to the nearest 1/10 of one percent) of -

(A) 1/12 of the applicable percent change computed under

subsection (a) of this section, multiplied by

(B) the number of months (not to exceed 12 months, counting

any portion of a month as a month) -

(i) for which the annuity was payable from the fund before

the effective date of the increase, or

(ii) in the case of a surviving spouse, former spouse,

previous spouse, or insurable interest designee of a deceased

annuitant whose annuity has not been so increased, since the

annuity was first payable to the deceased annuitant.

(2) Effective from its commencing date, an annuity payable from

the fund to an annuitant's survivor (other than a child entitled

to an annuity under section 2031(d) of this title) shall be

increased by the total percentage increase the annuitant was

receiving under this section at death.

(3) For purposes of computing the annuity of a child under

section 2031(d) of this title that commences after October 31,

1969, the dollar amounts specified in section 2031(d)(3) of this

title shall each be increased by the total percentage increases

allowed and in force under this section on or after such day and,

in the case of a deceased annuitant, the percentages specified in

that section shall be increased by the total percent allowed and

in force to the annuitant under this section on or after such

day.

(c) Limitation

An annuity increase provided by this section may not be computed

on any additional annuity purchased at retirement by voluntary

contributions.

(d) Rounding to next lower dollar

The monthly annuity installment, after adjustment under this

section, shall be rounded to the next lowest dollar, except that

such installment shall, after adjustment, reflect an increase of at

least $1.

(e) Limitation on maximum amount of annuity

(1) In general

An annuity shall not be increased by reason of an adjustment

under this section to an amount which exceeds the greater of -

(A) the maximum pay payable for GS-15 30 days before the

effective date of the adjustment under this section; or

(B) the final pay (or average pay, if higher) of the

participant with respect to whom the annuity is paid, increased

by the overall annual average percentage adjustments

(compounded) in the rates of pay of the General Schedule under

subchapter I of chapter 53 of title 5 during the period -

(i) beginning on the date on which the annuity commenced

(or, in the case of a survivor of the retired participant,

the date on which the participant's annuity commenced), and

(ii) ending on the effective date of the adjustment under

this section.

(2) "Pay" defined

For purposes of paragraph (1), the term "pay" means the rate of

salary or basic pay as payable under any provision of law,

including any provision of law limiting the expenditure of

appropriated funds.

-SOURCE-

(Pub. L. 88-643, title II, Sec. 291, as added Pub. L. 102-496,

title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3240; amended Pub.

L. 103-178, title II, Sec. 202(a)(14), Dec. 3, 1993, 107 Stat.

2027.)

-REFTEXT-

REFERENCES IN TEXT

GS-15, referred to in subsec. (e)(1)(A), probably means GS-15 of

the General Schedule which is set out under section 5332 of Title

5, Government Organization and Employees.

-MISC1-

PRIOR PROVISIONS

A prior section 291 of Pub. L. 88-643, title II, Oct. 13, 1964,

78 Stat. 1054; Pub. L. 90-539, Sept. 30, 1968, 82 Stat. 902; Pub.

L. 91-185, Sec. 5, Dec. 30, 1969, 83 Stat. 849; Pub. L. 93-210,

Sec. 1(a), Dec. 28, 1973, 87 Stat. 908; Pub. L. 94-361, title VIII,

Sec. 801(b), July 14, 1976, 90 Stat. 929; Ex. Ord. No. 12326, Sec.

4, Sept. 30, 1981, 46 F.R. 48889; Ex. Ord. No. 12443, Secs. 6, 14,

Sept. 27, 1983, 48 F.R. 44752, 44754; Pub. L. 99-335, title V, Sec.

501(3), June 6, 1986, 100 Stat. 622, related to cost-of-living

adjustment of annuities and was set out as a note under section 403

of this title prior to the general amendment of Pub. L. 88-643 by

section 802 of Pub. L. 102-496.

AMENDMENTS

1993 - Subsec. (b)(2). Pub. L. 103-178 struck out "or section

2052(c) of this title" after "section 2031(d) of this title".

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-178 effective Feb. 1, 1993, see section

202(b) of Pub. L. 103-178, set out as a note under section 2001 of

this title.

DELAY IN COST-OF-LIVING ADJUSTMENTS DURING FISCAL YEARS 1994, 1995,

AND 1996

Any cost-of-living increase scheduled to take effect during

fiscal year 1994, 1995, or 1996 under this section delayed until

first day of third calendar month after date such increase would

otherwise take effect, see section 11001 of Pub. L. 103-66, set out

as a note under section 8340 of Title 5, Government Organization

and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2031, 2032, 2091 of this

title.

-End-

-CITE-

50 USC Part K - Conformity With Civil Service Retirement

System 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Part K - Conformity With Civil Service Retirement System

-HEAD-

PART K - CONFORMITY WITH CIVIL SERVICE RETIREMENT SYSTEM

-End-

-CITE-

50 USC Sec. 2141 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Part K - Conformity With Civil Service Retirement System

-HEAD-

Sec. 2141. Authority to maintain existing areas of conformity

between Civil Service and Central Intelligence Agency Retirement

and Disability Systems

-STATUTE-

(a) Presidential authority

(1) Conformity to CSRS by Executive order

Whenever the President determines that it would be appropriate

for the purpose of maintaining existing conformity between the

Civil Service Retirement and Disability System and the Central

Intelligence Agency Retirement and Disability System with respect

to substantially identical provisions, the President may, by

Executive order, extend to current or former participants in the

Central Intelligence Agency Retirement and Disability System, or

to their survivors, a provision of law enacted after January 1,

1975, which -

(A) amends subchapter III of chapter 83 of title 5 and is

applicable to civil service employees generally; or

(B) otherwise affects current or former participants in the

Civil Service Retirement and Disability System, or their

survivors.

(2) Extension to CIARDS

Any such order shall extend such provision of law so that it

applies in like manner with respect to such Central Intelligence

Agency Retirement and Disability System participants, former

participants, or survivors.

(3) Legal status

Any such order shall have the force and effect of law.

(4) Effective date

Any such order may be given retroactive effect to a date not

earlier than the effective date of the corresponding provision of

law applicable to employees under the Civil Service Retirement

System.

(b) Effect of Executive order

Provisions of an Executive order issued pursuant to this section

shall modify, supersede, or render inapplicable, as the case may

be, to the extent inconsistent therewith -

(1) provisions of law enacted before the effective date of the

Executive order; and

(2) any prior provision of an Executive order issued under this

section.

-SOURCE-

(Pub. L. 88-643, title II, Sec. 292, as added Pub. L. 102-496,

title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3241.)

-MISC1-

PRIOR PROVISIONS

A prior section 292 of Pub. L. 88-643, as added Pub. L. 94-522,

title II, Sec. 213, Oct. 17, 1976, 90 Stat. 2471, 2472, related to

authority to maintain existing areas of conformity between Civil

Service and Central Intelligence Agency Retirement and Disability

Systems and was set out as a note under section 403 of this title

prior to the general amendment of Pub. L. 88-643 by section 802 of

Pub. L. 102-496.

OPEN ENROLLMENT SEASON FOR PARTICIPANTS IN THE CENTRAL INTELLIGENCE

AGENCY RETIREMENT AND DISABILITY SYSTEM

The Director to provide an open enrollment period for employee

participants in the Central Intelligence Agency Retirement and

Disability System to elect the Federal Employees' Retirement

System, see Ex. Ord. No. 13105, Sec. 2, Nov. 2, 1998, 63 F.R.

60201, set out as a note under section 4067 of Title 22, Foreign

Relations and Intercourse.

-EXEC-

EX. ORD. NO. 13236. WAIVER OF DUAL COMPENSATION PROVISIONS

Ex. Ord. No. 13236, Nov. 27, 2001, 66 F.R. 59671, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including section 292

of the Central Intelligence Agency Retirement Act of 1964 [Central

Intelligence Agency Retirement Act], as amended (50 U.S.C. 2141),

and in order to conform the Central Intelligence Agency Retirement

and Disability System to the Civil Service Retirement and

Disability System, it is hereby ordered as follows:

Section 1. The Director of Central Intelligence may waive the

application of the dual compensation reduction provisions of

sections 271 and 273 of the Central Intelligence Agency Retirement

Act (50 U.S.C. 2111 and 2113) for an employee serving on a

temporary basis, but only if, and for so long as, the authority is

necessary due to an emergency involving a direct threat to life or

property or other unusual circumstances. Employees who receive both

salary and annuity pursuant to this authority may not earn

additional retirement benefits during this period of employment.

This authority may be delegated as appropriate.

Sec. 2. Nothing contained in this order is intended to create,

nor does it create, any right, benefit, or privilege, substantive

or procedural, enforceable at law by a party against the United

States, its agencies, officers, employees, or any other person.

George W. Bush.

-End-

-CITE-

50 USC Sec. 2142 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Part K - Conformity With Civil Service Retirement System

-HEAD-

Sec. 2142. Thrift Savings Plan participation

-STATUTE-

(a) Eligibility for Thrift Savings Plan

Participants in the system shall be deemed to be employees for

the purposes of section 8351 of title 5.

(b) Management of Thrift Savings Plan accounts by Director

Subsections (k) and (m) of section 8461 of title 5 shall apply

with respect to contributions made by participants to the Thrift

Savings Fund under section 8351 of such title and to earnings

attributable to the investment of such contributions.

-SOURCE-

(Pub. L. 88-643, title II, Sec. 293, as added Pub. L. 102-496,

title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3242.)

-MISC1-

PRIOR PROVISIONS

A prior section 293 of Pub. L. 88-643, as added Pub. L. 99-335,

title V, Sec. 504, June 6, 1986, 100 Stat. 623, related to Thrift

Savings Fund participation by participants in the Central

Intelligence Agency Retirement and Disability System and was set

out as a note under section 403 of this title prior to the general

amendment of Pub. L. 88-643 by section 802 of Pub. L. 102-496.

-End-

-CITE-

50 USC Sec. 2143 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Part K - Conformity With Civil Service Retirement System

-HEAD-

Sec. 2143. Alternative forms of annuities

-STATUTE-

(a) Authority for alternative form of annuity

The Director shall prescribe regulations under which any

participant who has a life-threatening affliction or other critical

medical condition may, at the time of retiring under this

subchapter (other than under section 2051 of this title), elect

annuity benefits under this section instead of any other benefits

under this subchapter (including any survivor benefits under this

subchapter) based on the service of the participant creditable

under this subchapter.

(b) Basis for alternative forms of annuity

The regulations and alternative forms of annuity shall, to the

maximum extent practicable, meet the requirements prescribed in

section 8343a of title 5.

(c) Lump-sum credit

Any lump-sum credit provided pursuant to an election under

subsection (a) of this section shall not preclude an individual

from receiving other benefits provided under that subsection.

(d) Submission of regulations to congressional intelligence

committees

The Director shall submit the regulations prescribed under

subsection (a) of this section to the congressional intelligence

committees before the regulations take effect.

-SOURCE-

(Pub. L. 88-643, title II, Sec. 294, as added Pub. L. 102-496,

title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3242; amended Pub.

L. 103-66, title XI, Sec. 11002(c), Aug. 10, 1993, 107 Stat. 409.)

-MISC1-

PRIOR PROVISIONS

A prior section 294 of Pub. L. 88-643, as added Pub. L. 99-335,

title V, Sec. 505, June 6, 1986, 100 Stat. 624, related to

alternative forms of annuities and was set out as a note under

section 403 of this title prior to the general amendment of Pub. L.

88-643 by section 802 of Pub. L. 102-496.

AMENDMENTS

1993 - Subsec. (a). Pub. L. 103-66 substituted "any participant

who has a life-threatening affliction or other critical medical

condition" for "a participant".

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-66 effective Oct. 1, 1994, and

applicable with respect to any annuity commencing on or after that

date, see section 11002(d) of Pub. L. 103-66, set out as a note

under section 8343a of Title 5, Government Organization and

Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2034 of this title.

-End-

-CITE-

50 USC Sec. 2144 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Part K - Conformity With Civil Service Retirement System

-HEAD-

Sec. 2144. Payments from CIARDS fund for portions of certain Civil

Service Retirement System annuities

-STATUTE-

The amount of the increase in any annuity that results from the

application of section 403r of this title, if and when such

increase is based on an individual's overseas service as an

employee of the Central Intelligence Agency, shall be paid from the

fund.

-SOURCE-

(Pub. L. 88-643, title II, Sec. 295, as added Pub. L. 102-496,

title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3242.)

-MISC1-

PRIOR PROVISIONS

A prior section 295 of Pub. L. 88-643, as added Pub. L. 101-193,

title III, Sec. 307(b), Nov. 30, 1989, 103 Stat. 1707, related to

payments from CIARDS fund for portions of certain Civil Service

Retirement System annuities and was set out as a note under section

403 of this title prior to the general amendment of Pub. L. 88-643

by section 802 of Pub. L. 102-496.

-End-

-CITE-

50 USC SUBCHAPTER III - PARTICIPATION IN FEDERAL

EMPLOYEES' RETIREMENT SYSTEM 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER III - PARTICIPATION IN FEDERAL EMPLOYEES' RETIREMENT

SYSTEM

-HEAD-

SUBCHAPTER III - PARTICIPATION IN FEDERAL EMPLOYEES' RETIREMENT

SYSTEM

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 2021 of this title;

title 22 section 4071c.

-End-

-CITE-

50 USC Sec. 2151 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER III - PARTICIPATION IN FEDERAL EMPLOYEES' RETIREMENT

SYSTEM

-HEAD-

Sec. 2151. Application of Federal Employees' Retirement System to

Agency employees

-STATUTE-

(a) General rule

Except as provided in subsections (b) and (c) of this section,

all employees of the Agency, any of whose service after December

31, 1983, is employment for the purpose of title II of the Social

Security Act [42 U.S.C. 401 et seq.] and chapter 21 of title 26,

shall be subject to chapter 84 of title 5.

(b) Exception for pre-1984 employees

Participants in the Central Intelligence Agency Retirement and

Disability System who were participants in such system on or before

December 31, 1983, and who have not had a break in service in

excess of one year since that date, are not subject to chapter 84

of title 5 without regard to whether they are subject to title II

of the Social Security Act [42 U.S.C. 401 et seq.].

(c) Nonapplicability of FERS to certain employees

(1) The provisions of chapter 84 of title 5 shall not apply with

respect to -

(A) any individual who separates, or who has separated, from

Federal Government service after having been an employee of the

Agency subject to subchapter II of this chapter; and

(B) any employee of the Agency having at least 5 years of

civilian service which was performed before January 1, 1987, and

is creditable under subchapter II of this chapter (determined

without regard to any deposit or redeposit requirement under

subchapter III of chapter 83 of title 5, or under subchapter II

of this chapter, or any requirement that the individual become

subject to such subchapter or to subchapter II of this chapter

after performing the service involved).

(2) Paragraph (1) shall not apply with respect to an individual

who has elected under regulations prescribed under section 2157 of

this title to become subject to chapter 84 of title 5 to the extent

provided in such regulations.

(3) An individual described in paragraph (1) shall be deemed to

be an individual excluded under section 8402(b)(2) of title 5.

(d) Election to become subject to FERS

An employee who is designated as a participant in the Central

Intelligence Agency Retirement and Disability System after December

31, 1987, pursuant to section 2013 of this title may elect to

become subject to chapter 84 of title 5. Such election -

(1) shall not be effective unless it is made during the

six-month period beginning on the date on which the employee is

so designated;

(2) shall take effect beginning with the first pay period

beginning after the date of the election; and

(3) shall be irrevocable.

(e) Special rules

The application of the provisions of chapter 84 of title 5 to an

employee referred to in subsection (a) of this section shall be

subject to the exceptions and special rules provided in this

subchapter. Any provision of that chapter which is inconsistent

with a special rule provided in this subchapter shall not apply to

such employees.

-SOURCE-

(Pub. L. 88-643, title III, Sec. 301, as added Pub. L. 102-496,

title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3243.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsecs. (a) and (b), is

act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of

the Act is classified generally to subchapter II (Sec. 401 et seq.)

of chapter 7 of Title 42, The Public Health and Welfare. For

complete classification of this Act to the Code, see section 1305

of Title 42 and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 301 of Pub. L. 88-643, as added Pub. L. 99-335,

title V, Sec. 506, June 6, 1986, 100 Stat. 624; amended Pub. L.

99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100-453,

title V, Sec. 502, Sept. 29, 1988, 102 Stat. 1909, related to

application of Federal Employees' Retirement System to Agency

employees and was set out as a note under section 403 of this title

prior to the general amendment of Pub. L. 88-643 by section 802 of

Pub. L. 102-496.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2013, 2031 of this title.

-End-

-CITE-

50 USC Sec. 2152 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER III - PARTICIPATION IN FEDERAL EMPLOYEES' RETIREMENT

SYSTEM

-HEAD-

Sec. 2152. Special rules relating to section 2013 criteria

employees

-STATUTE-

(a) In general

Except as otherwise provided in this section, in the application

of chapter 84 of title 5 to an employee of the Agency who is

subject to such chapter and is designated by the Director under the

criteria prescribed in section 2013 of this title, such employee

shall be treated for purposes of determining such employee's

retirement benefits and obligations under such chapter as if the

employee were a law enforcement officer (as defined in section

8401(17) of title 5).

(b) Voluntary and mandatory retirement

The provisions of sections 2053 and 2055 of this title shall

apply to employees referred to in subsection (a) of this section,

except that the retirement benefits shall be determined under

chapter 84 of title 5.

(c) Recall

(1) Except as provided in paragraph (2), section 2111 of this

title shall apply to an employee referred to in subsection (a) of

this section.

(2) Contributions during recall service shall be made as provided

in section 8422 of title 5.

(3) When an employee recalled under this subsection reverts to a

retired status, the annuity of such employee shall be redetermined

under the provisions of chapter 84 of title 5.

-SOURCE-

(Pub. L. 88-643, title III, Sec. 302, as added Pub. L. 102-496,

title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3244.)

-MISC1-

PRIOR PROVISIONS

A prior section 302 of Pub. L. 88-643, as added Pub. L. 99-335,

title V, Sec. 506, June 6, 1986, 100 Stat. 625, related to special

rules relating to employees designated under criteria of former

section 203 of Pub. L. 88-643 and was set out as a note under

section 403 of this title prior to the general amendment of Pub. L.

88-643 by section 802 of Pub. L. 102-496.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2153, 2154, 2155 of this

title; title 22 section 4071d.

-End-

-CITE-

50 USC Sec. 2153 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER III - PARTICIPATION IN FEDERAL EMPLOYEES' RETIREMENT

SYSTEM

-HEAD-

Sec. 2153. Special rules for other employees for service abroad

-STATUTE-

(a) Special computation rule

Notwithstanding any provision of chapter 84 of title 5, the

annuity under subchapter II of such chapter of a retired employee

of the Agency who is not designated under section 2152(a) of this

title and who has served abroad as an employee of the Agency after

December 31, 1986, shall be computed as provided in subsection (b)

of this section.

(b) Computation

(1) Service abroad

The portion of the annuity relating to such service abroad

shall be computed as provided in section 8415(d) of title 5.

(2) Other service

The portions of the annuity relating to other creditable

service shall be computed as provided in section 8415 of such

title that is applicable to such service under the conditions

prescribed in chapter 84 of such title.

-SOURCE-

(Pub. L. 88-643, title III, Sec. 303, as added Pub. L. 102-496,

title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3244.)

-MISC1-

PRIOR PROVISIONS

A prior section 303 of Pub. L. 88-643, as added Pub. L. 99-335,

title V, Sec. 506, June 6, 1986, 100 Stat. 626, related to special

rules for other employees for service abroad and was set out as a

note under section 403 of this title prior to the general amendment

of Pub. L. 88-643 by section 802 of Pub. L. 102-496.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 403r-1 of this title;

title 10 section 1605; title 22 section 4071d.

-End-

-CITE-

50 USC Sec. 2154 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER III - PARTICIPATION IN FEDERAL EMPLOYEES' RETIREMENT

SYSTEM

-HEAD-

Sec. 2154. Special rules for former spouses

-STATUTE-

(a) General rule

Except as otherwise specifically provided in this section, the

provisions of chapter 84 of title 5 shall apply in the case of an

employee of the Agency who is subject to chapter 84 of title 5 and

who has a former spouse (as defined in section 8401(12) of title 5)

or a qualified former spouse.

(b) Definitions

For purposes of this section:

(1) Employee

The term "employee" means an employee of the Agency who is

subject to chapter 84 of title 5, including an employee referred

to in section 2152(a) of this title.

(2) Qualified former spouse

The term "qualified former spouse" means a former spouse of an

employee or retired employee who -

(A) in the case of a former spouse whose divorce from such

employee became final on or before December 4, 1991, was

married to such employee for not less than 10 years during

periods of the employee's service which are creditable under

section 8411 of title 5, at least 5 years of which were spent

outside the United States by both the employee and the former

spouse during the employee's service with the Agency; and

(B) in the case of a former spouse whose divorce from such

employee becomes final after December 4, 1991, was married to

such employee for not less than 10 years during periods of the

employee's service which are creditable under section 8411 of

title 5, at least 5 years of which were spent by the employee

outside the United States during the employee's service with

the Agency or otherwise in a position the duties of which

qualified the employee for designation by the Director under

the criteria prescribed in section 2013 of this title.

(3) Pro rata share

The term "pro rata share" means the percentage that is equal to

(A) the number of days of the marriage of the qualified former

spouse to the employee during the employee's periods of

creditable service under chapter 84 of title 5, divided by (B)

the total number of days of the employee's creditable service.

(4) Spousal agreement

The term "spousal agreement" means an agreement between an

employee, former employee, or retired employee and such

employee's spouse or qualified former spouse that -

(A) is in writing, is signed by the parties, and is

notarized;

(B) has not been modified by court order; and

(C) has been authenticated by the Director.

(5) Court order

The term "court order" means any court decree of divorce,

annulment or legal separation, or any court order or

court-approved property settlement agreement incident to such

court decree of divorce, annulment, or legal separation.

(c) Entitlement of qualified former spouse to retirement benefits

(1) Entitlement

(A) In general

Unless otherwise expressly provided by a spousal agreement or

court order governing disposition of benefits payable under

subchapter II or V of chapter 84 of title 5, a qualified former

spouse of an employee is entitled to a share (determined under

subparagraph (B)) of all benefits otherwise payable to such

employee under subchapter II or V of chapter 84 of title 5.

(B) Amount of share

The share referred to in subparagraph (A) equals -

(i) 50 percent, if the qualified former spouse was married

to the employee throughout the entire period of the

employee's service which is creditable under chapter 84 of

title 50; (!1) or

(ii) a pro rata share of 50 percent, if the qualified

former spouse was not married to the employee throughout such

creditable service.

(2) Annuity supplement

The benefits payable to an employee under subchapter II of

chapter 84 of title 5 shall include, for purposes of this

subsection, any annuity supplement payable to such employee under

sections 8421 and 8421a of such title.

(3) Disqualification upon remarriage before age 55

A qualified former spouse shall not be entitled to any benefit

under this subsection if, before the commencement of any benefit,

the qualified former spouse remarries before becoming 55 years of

age.

(4) Commencement and termination

(A) Commencement

The benefits of a qualified former spouse under this

subsection commence on the later of -

(i) the day on which the employee upon whose service the

benefits are based becomes entitled to the benefits; or

(ii) the first day of the second month beginning after the

date on which the Director receives written notice of the

court order or spousal agreement, together with such

additional information or documentation as the Director may

prescribe.

(B) Termination

The benefits of the qualified former spouse and the right

thereto terminate on -

(i) the last day of the month before the qualified former

spouse remarries before 55 years of age or dies; or

(ii) the date on which the retired employee's benefits

terminate (except in the case of benefits subject to

paragraph (5)(B)).

(5) Payments to retired employees

(A) Calculation of survivor annuity

Any reduction in payments to a retired employee as a result

of payments to a qualified former spouse under this subsection

shall be disregarded in calculating -

(i) the survivor annuity for any spouse, former spouse

(qualified or otherwise), or other survivor under chapter 84

of title 5, and

(ii) any reduction in the annuity of the retired employee

to provide survivor benefits under subsection (d) of this

section or under sections (!2) 8442 or 8445 of title 5.

(B) Reduction in basic pay upon recall to service

If a retired employee whose annuity is reduced under

paragraph (1) is recalled to service under section 2152(c) of

this title, the basic pay of that annuitant shall be reduced by

the same amount as the annuity would have been reduced if it

had continued. Amounts equal to the reductions under this

subparagraph shall be deposited in the Treasury of the United

States to the credit of the Civil Service Retirement and

Disability Fund.

(6) Special rules for disability annuitants

Notwithstanding paragraphs (1) and (4), in the case of any

qualified former spouse of a disability annuitant -

(A) the annuity of such former spouse shall commence on the

date on which the employee would qualify, on the basis of the

employee's creditable service, for benefits under subchapter II

of chapter 84 of title 5 or on the date on which the disability

annuity begins, whichever is later; and

(B) the amount of the annuity of the qualified former spouse

shall be calculated on the basis of the benefits for which the

employee would otherwise qualify under subchapter II of chapter

84 of such title.

(7) Pro rata share in case of employees transferred to FERS

Notwithstanding paragraph (1)(B), in the case of an employee

who has elected to become subject to chapter 84 of title 5, the

share of such employee's qualified former spouse shall equal the

sum of -

(A) 50 percent of the employee's annuity under subchapter III

of chapter 83 of title 5 or under subchapter II of this chapter

(computed in accordance with section 302(a) of the Federal

Employees' Retirement System Act of 1986 or section 2157 of

this title), multiplied by the proportion that the number of

days of marriage during the period of the employee's creditable

service before the effective date of the election to transfer

bears to the employee's total creditable service before such

effective date; and

(B) if applicable, 50 percent of the employee's benefits

under chapter 84 of title 5 or section 2152(a) of this title

(computed in accordance with section 302(a) of the Federal

Employees' Retirement System Act of 1986 or section 2157 of

this title), multiplied by the proportion that the number of

days of marriage during the period of the employee's creditable

service on and after the effective date of the election to

transfer bears to the employee's total creditable service after

such effective date.

(8) Treatment of pro rata share under title 26

For purposes of title 26, payments to a qualified former spouse

under this subsection shall be treated as income to the qualified

former spouse and not to the employee.

(d) Qualified former spouse survivor benefits

(1) Entitlement

(A) In general

Subject to an election under section 8416(a) of title 5, and

unless otherwise expressly provided by any spousal agreement or

court order governing survivor benefits payable under this

subsection to a qualified former spouse, such former spouse is

entitled to a share, determined under subparagraph (B), of all

survivor benefits that would otherwise be payable under

subchapter IV of chapter 84 of title 5 to an eligible surviving

spouse of the employee.

(B) Amount of share

The share referred to in subparagraph (A) equals -

(i) 100 percent, if the qualified former spouse was married

to the employee throughout the entire period of the

employee's service which is creditable under chapter 84 of

title 5; or

(ii) a pro rata share of 100 percent, if the qualified

former spouse was not married to the employee throughout such

creditable service.

(2) Survivor benefits

(A) The survivor benefits payable under this subsection to a

qualified former spouse shall include the amount payable under

section 8442(b)(1)(A) of title 5 and any supplementary annuity

under section 8442(f) of such title that would be payable if such

former spouse were a widow or widower entitled to an annuity

under such section.

(B) Any calculation under section 8442(f) of title 5 of the

supplementary annuity payable to a widow or widower of an

employee referred to in section 2152(a) of this title shall be

based on an "assumed CIARDS annuity" rather than an "assumed CSRS

annuity" as stated in section 8442(f) of such title. For the

purpose of this subparagraph, the term "assumed CIARDS annuity"

means the amount of the survivor annuity to which the widow or

widower would be entitled under subchapter II of this chapter

based on the service of the deceased annuitant determined under

section 8442(f)(5) of such title.

(3) Disqualification upon remarriage before age 55

A qualified former spouse shall not be entitled to any benefit

under this subsection if, before commencement of any benefit, the

qualified former spouse remarries before becoming 55 years of

age.

(4) Restoration

If the survivor annuity payable under this subsection to a

surviving qualified former spouse is terminated because of

remarriage before becoming age 55, the annuity shall be restored

at the same rate commencing on the date such remarriage is

dissolved by death, divorce, or annulment, if -

(A) such former spouse elects to receive this survivor

annuity instead of any other survivor benefit to which such

former spouse may be entitled under subchapter IV of chapter 84

of title 5, or under another retirement system for Government

employees by reason of the remarriage; and

(B) any lump sum paid on termination of the annuity is

returned to the Civil Service Retirement and Disability Fund.

(5) Modification of court order or spousal agreement

A modification in a court order or spousal agreement to adjust

a qualified former spouse's share of the survivor benefits shall

not be effective if issued after the retirement or death of the

employee, former employee, or annuitant, whichever occurs first.

(6) Effect of termination of qualified former spouse's

entitlement

After a qualified former spouse of a retired employee remarries

before becoming age 55 or dies, the reduction in the retired

employee's annuity for the purpose of providing a survivor

annuity for such former spouse shall be terminated. The annuitant

may elect, in a signed writing received by the Director within 2

years after the qualified former spouse's remarriage or death, to

continue the reduction in order to provide or increase the

survivor annuity for such annuitant's spouse. The annuitant

making such election shall pay a deposit in accordance with the

provisions of section 8418 of title 5.

(7) Pro rata share in case of employees transferred to FERS

Notwithstanding paragraph (1)(B), in the case of an employee

who has elected to become subject to chapter 84 of title 5, the

share of such employee's qualified former spouse to survivor

benefits shall equal the sum of -

(A) 50 percent of the employee's annuity under subchapter III

of chapter 83 of title 5 or under subchapter II of this chapter

(computed in accordance with section 302(a) of the Federal

Employees' Retirement System Act of 1986 or section 2157 of

this title), multiplied by the proportion that the number of

days of marriage during the period of the employee's creditable

service before the effective date of the election to transfer

bears to the employee's total creditable service before such

effective date; and

(B) if applicable -

(i) 50 percent of the employee's annuity under chapter 84

of title 5 or section 2152(a) of this title (computed in

accordance with section 302(a) of the Federal Employees'

Retirement System Act of 1986 or section 2157 of this title),

plus

(ii) the survivor benefits referred to in subsection

(d)(2)(A) of this section,

multiplied by the proportion that the number of days of

marriage during the period of the employee's creditable service

on and after the effective date of the election to transfer

bears to the employee's total creditable service after such

effective date.

(e) Qualified former spouse Thrift Savings Plan benefit

(1) Entitlement

(A) In general

Unless otherwise expressly provided by a spousal agreement or

court order governing disposition of the balance of an account

in the Thrift Savings Fund under subchapter III of chapter 84

of title 5, a qualified former spouse of an employee is

entitled to a share (determined under subparagraph (B)) of the

balance in the employee's account in the Thrift Savings Fund on

the date the divorce of the qualified former spouse and

employee becomes final.

(B) Amount of share

The share referred to in subparagraph (A) equals 50 percent

of the employee's account balance in the Thrift Savings Fund

that accrued during the period of marriage. For purposes of

this subsection, the employee's account balance shall not

include the amount of any outstanding loan.

(2) Payment of benefit

(A) Time of payment

The entitlement of a qualified former spouse under paragraph

(1) shall be effective on the date the divorce of the qualified

former spouse and employee becomes final. The qualified former

spouse's benefit shall be payable after the date on which the

Director receives the divorce decree or any applicable court

order or spousal agreement, together with such additional

information or documentation as the Director may require.

(B) Method of payment

The qualified former spouse's benefit under this subsection

shall be paid in a lump sum.

(C) Limitation

A spousal agreement or court order may not provide for

payment to a qualified former spouse under this subsection of

an amount that exceeds the employee's account balance in the

Thrift Savings Fund.

(D) Death of qualified former spouse

If the qualified former spouse dies before payment of the

benefit provided under this subsection, such payment shall be

made to the estate of the qualified former spouse.

(E) Bar to recovery

Any payment under this subsection to an individual bars

recovery by any other individual.

(3) Closed account

No payment under this subsection may be made by the Director if

the date on which the divorce becomes final is after the date on

which the total amount of the employee's account balance has been

withdrawn or transferred, or the date on which an annuity

contract has been purchased, in accordance with section 8433 of

title 5.

(f) Preservation of rights of qualified former spouses

An employee may not make an election or modification of election

under section 8417 or 8418 of title 5, or other section relating to

the employee's annuity under subchapter II of chapter 84 of title

5, that would diminish the entitlement of a qualified former spouse

to any benefit granted to such former spouse by this section or by

court order or spousal agreement.

(g) Payment of share of lump-sum credit

Whenever an employee or former employee becomes entitled to

receive the lump-sum credit under section 8424(a) of title 5, a

share (determined under subsection (c)(1)(B) of this section) of

that lump-sum credit shall be paid to any qualified former spouse

of such employee, unless otherwise expressly provided by any

spousal agreement or court order governing disposition of the

lump-sum credit involved.

(h) Payment to qualified former spouses under court order or

spousal agreement

In the case of any employee or retired employee who has a

qualified former spouse who is covered by a court order or who is a

party to a spousal agreement -

(1) any right of the qualified former spouse to any retirement

benefits under subsection (c) of this section and to any survivor

benefits under subsection (d) of this section, and the amount of

any such benefits;

(2) any right of the qualified former spouse to any Thrift

Savings Plan benefit under subsection (e) of this section, and

the amount of any such benefit; and

(3) any right of the qualified former spouse to any payment of

a lump-sum credit under subsection (g) of this section, and the

amount of any such payment;

shall be determined in accordance with that spousal agreement or

court order, if and to the extent expressly provided for in the

terms of the spousal agreement or court order that are not

inconsistent with the requirements of this section.

(i) Applicability of CIARDS former spouse benefits

(1) Except as provided in paragraph (2), in the case of an

employee who has elected to become subject to chapter 84 of title

5, the provisions of sections 2034 and 2035 of this title shall

apply to such employee's former spouse (as defined in section

2002(a)(4) of this title) who would otherwise be eligible for

benefits under sections 2034 and 2035 of this title but for the

employee having elected to become subject to such chapter.

(2) For the purposes of computing such former spouse's benefits

under sections 2034 and 2035 of this title -

(A) the retirement benefits shall be equal to the amount

determined under subsection (c)(7)(A) of this section; and

(B) the survivor benefits shall be equal to 55 percent of the

full amount of the employee's annuity computed in accordance with

section 302(a) of the Federal Employees' Retirement System Act of

1986 or regulations prescribed under section 2157 of this title.

(3) Benefits provided pursuant to this subsection shall be

payable from the Central Intelligence Agency Retirement and

Disability Fund.

-SOURCE-

(Pub. L. 88-643, title III, Sec. 304, as added Pub. L. 102-496,

title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3244; amended Pub.

L. 103-178, title II, Sec. 202(a)(15), Dec. 3, 1993, 107 Stat.

2027.)

-REFTEXT-

REFERENCES IN TEXT

Section 302(a) of the Federal Employees' Retirement System Act of

1986, referred to in subsecs. (c)(7)(A), (B), (d)(7)(A), (B)(i),

and (i)(2)(B), is section 302(a) of Pub. L. 99-335, which is set

out as a note under section 8331 of Title 5, Government

Organization and Employees.

-MISC1-

PRIOR PROVISIONS

A prior section 304 of Pub. L. 88-643, as added Pub. L. 99-335,

title V, Sec. 506, June 6, 1986, 100 Stat. 626; amended Pub. L.

100-178, title IV, Sec. 402(b)(2), Dec. 2, 1987, 101 Stat. 1014;

Pub. L. 102-183, title III, Sec. 309(a), Dec. 4, 1991, 105 Stat.

1266, related to special rules for former spouses and was set out

as a note under section 403 of this title prior to the general

amendment of Pub. L. 88-643 by section 802 of Pub. L. 102-496.

AMENDMENTS

1993 - Subsec. (i)(1). Pub. L. 103-178 substituted "section

2002(a)(4)" for "section 2002(a)(3)".

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-178 effective Feb. 1, 1993, see section

202(b) of Pub. L. 103-178, set out as a note under section 2001 of

this title.

-FOOTNOTE-

(!1) So in original. Probably should be title "5".

(!2) So in original. Probably should be "section".

-End-

-CITE-

50 USC Sec. 2155 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER III - PARTICIPATION IN FEDERAL EMPLOYEES' RETIREMENT

SYSTEM

-HEAD-

Sec. 2155. Administrative provisions

-STATUTE-

(a) Finality of decisions of Director

Section 2011(c) of this title shall apply in the administration

of chapter 84 of title 5 with respect to employees of the Agency.

(b) Exception

Notwithstanding subsection (a) of this section, section 8461(e)

of title 5 shall apply with respect to employees of the Agency who

are not participants in the Central Intelligence Agency Retirement

and Disability System and are not designated under section 2152(a)

of this title.

-SOURCE-

(Pub. L. 88-643, title III, Sec. 305, as added Pub. L. 102-496,

title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3251.)

-MISC1-

PRIOR PROVISIONS

A prior section 305 of Pub. L. 88-643, as added Pub. L. 99-335,

title V, Sec. 506, June 6, 1986, 100 Stat. 627, related to

administrative provisions and was set out as a note under section

403 of this title prior to the general amendment of Pub. L. 88-643

by section 802 of Pub. L. 102-496.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2011 of this title.

-End-

-CITE-

50 USC Sec. 2156 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER III - PARTICIPATION IN FEDERAL EMPLOYEES' RETIREMENT

SYSTEM

-HEAD-

Sec. 2156. Regulations

-STATUTE-

(a) Requirement

The Director shall prescribe in regulations appropriate

procedures to carry out this subchapter. Such regulations shall be

prescribed in consultation with the Director of the Office of

Personnel Management and the Executive Director of the Federal

Retirement Thrift Investment Board.

(b) Congressional review

The Director shall submit regulations prescribed under subsection

(a) of this section to the congressional intelligence committees

before they take effect.

-SOURCE-

(Pub. L. 88-643, title III, Sec. 306, as added Pub. L. 102-496,

title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3251.)

-MISC1-

PRIOR PROVISIONS

A prior section 306 of Pub. L. 88-643, as added Pub. L. 99-335,

title V, Sec. 506, June 6, 1986, 100 Stat. 628, related to

regulations and was set out as a note under section 403 of this

title prior to the general amendment of Pub. L. 88-643 by section

802 of Pub. L. 102-496.

-End-

-CITE-

50 USC Sec. 2157 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER III - PARTICIPATION IN FEDERAL EMPLOYEES' RETIREMENT

SYSTEM

-HEAD-

Sec. 2157. Transition regulations

-STATUTE-

(a) Regulations

The Director shall prescribe regulations providing for the

transition from the Central Intelligence Agency Retirement and

Disability System to the Federal Employees' Retirement System

provided in chapter 84 of title 5 in a manner consistent with

sections 301 through 304 of the Federal Employees' Retirement

System Act of 1986.

(b) Congressional review

The Director shall submit regulations prescribed under subsection

(a) of this section to the congressional intelligence committees

before they take effect.

-SOURCE-

(Pub. L. 88-643, title III, Sec. 307, as added Pub. L. 102-496,

title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3251.)

-REFTEXT-

REFERENCES IN TEXT

Sections 301 through 304 of the Federal Employees' Retirement

System Act of 1986, referred to in subsec. (a), are sections 301 to

304 of Pub. L. 99-335, which amended section 3121 of Title 26,

Internal Revenue Code, and section 410 of Title 42, The Public

Health and Welfare, and enacted provisions set out as a note under

section 8331 of Title 5, Government Organization and Employees.

-MISC1-

PRIOR PROVISIONS

A prior section 307 of Pub. L. 88-643, as added Pub. L. 99-335,

title V, Sec. 506, June 6, 1986, 100 Stat. 628, related to

transition provisions and regulations and was set out as a note

under section 403 of this title prior to the general amendment of

Pub. L. 88-643 by section 802 of Pub. L. 102-496.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2151, 2154 of this title;

title 26 section 3121; title 42 section 410.

-End-