CHAPTER 38 —CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
SUBCHAPTER I—DEFINITIONS
SUBCHAPTER II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Part A—Establishment of System
Part B—Contributions
Part C—Computation of Annuities
Part D—Benefits Accruing to Certain Participants
Part E—Lump-Sum Payments
Part F—Period of Service for Annuities
Part G—Moneys
Part H—Retired Participants Recalled, Reinstated, or Reappointed in Agency or Reemployed in Government
Part I—Voluntary Contributions
Part J—Cost-of-Living Adjustment of Annuities
Part K—Conformity With Civil Service Retirement System
SUBCHAPTER III—PARTICIPATION IN FEDERAL EMPLOYEES' RETIREMENT SYSTEM
Editorial Notes
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The Central Intelligence Agency Retirement Act, comprising this chapter, was originally enacted as the Central Intelligence Agency Retirement Act of 1964 for Certain Employees by
SUBCHAPTER I—DEFINITIONS
§2001. Definitions relating to the system
When used in this chapter:
(1) Agency
The term "Agency" means the Central Intelligence Agency.
(2) Director
The term "Director" means the Director of the Central Intelligence Agency.
(3) Qualifying service
The term "qualifying service" means service determined by the Director to have been performed in carrying out duties described in
(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 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
(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
(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.
(
Editorial Notes
Prior Provisions
A prior section 101 of
Amendments
2004—Par. (2).
1993—Par. (7).
Statutory Notes and Related Subsidiaries
Effective Date of 2004 Amendment
For Determination by President that amendment by
Amendment by
Effective Date of 1993 Amendment
Effective Date
Effective Date of Amendments to Pub. L. 88–643 Prior to Enactment of Pub. L. 102–496
"(2)(A) The amendment made by subsection (a)(2) [enacting section 221(q) of
"(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)."
"(1) The amendment made by subsection (a)(1) [amending section 226(a) of
"(2) The amendments made by subsections (a)(2) and (a)(3) [amending section 226(a) of
"(1) The amendments made by subsection (a) [amending sections 221, 222, and 232 of
"(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
"(c)(1) Except as provided in paragraph (2), the amendments made by this section [amending
"(2) The amendment made by subsection (b)(2) [amending section 304 of
"(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 [
Amendment by section 302(a) of
"(a) Except as provided in subsections (b) and (c) of this section, this title [enacting
"(b) The provisions of section 222(a) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees [
"(c) Except to the extent provided in section 223 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees [
"(a) This Act [amending
"(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
"(c) The amendment made by section 203 [enacting section 221(f)(2) of
"(d) The amendment made by section 210 [amending section 251 of
"(e) The amendment in section 211 [amending section 252(a)(2) of
"(f) The amendment in section 212 [enacting section 264 of
"(g) The amendment to recompute a reduced annuity during periods when not married in section 202 [amending section 221(b) of
"(h) Annuity increases under sections 204 [enacting section 221(l) of
"(a) The amendments made by section 1 [amending section 211(a) of
"(b) The amendments made by sections 3, 4 [amending sections 231(a) and 232(h) of
"(c) The amendments made by sections 2(c) and 5 [amending sections 221(c) and 291 of
"(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
Short Title of 1993 Amendment
Short Title of 1992 Amendment
Short Title of 1982 Amendment
Short Title
Savings Provision
"(a)
"(b)
Funding Requirements for Amendments to Pub. L. 88–643 Prior to Enactment of Pub. L. 102–496
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
Central Intelligence Agency Retirement and Disability Fund; Annuity Increase Payment; Monthly Rate
"(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 (
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,
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 [
Executive Documents
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.
§2002. Definitions relating to participants and annuitants
(a) General definitions
When used in subchapter II:
(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
(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
(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
(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
(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.
(4) Exclusion of stepchildren from lump-sum payment
For purposes of
(
Editorial Notes
Prior Provisions
A prior section 111 of
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of
SUBCHAPTER II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Part A—Establishment of System
§2011. CIARDS system
(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
(
Editorial Notes
References in Text
The Central Intelligence Agency Retirement Act of 1964 for Certain Employees, referred to in subsec. (a)(1), is
Prior Provisions
A prior section 201 of
Amendments
2004—Subsec. (c).
1998—Subsec. (c).
1993—Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2004 Amendment
For Determination by President that amendment by
Amendment by
Effective Date of 1993 Amendment
Amendment by
Effective Date
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of
§2012. Central Intelligence Agency Retirement and Disability Fund
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.
(
Editorial Notes
References in Text
The Central Intelligence Agency Retirement Act of 1964 for Certain Employees, referred to in text, is
Prior Provisions
A prior section 202 of
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of
§2013. Participants in CIARDS system
(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 performed by an Agency employee in carrying out duties that are determined by the Director—
(1) to be in support of intelligence 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
(3) Election not subject to approval
An election under this section is not subject to review or approval by the Director.
(
Editorial Notes
Prior Provisions
A prior section 203 of
Amendments
2014—Subsec. (b).
Subsec. (b)(1).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of
Application of 2014 Amendment
§2014. Annuitants
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.
(
Editorial Notes
Prior Provisions
A prior section 204 of
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of
Part B—Contributions
§2021. Contributions to fund
(a) In general
(1) Definition
In this subsection, the term "revised annuity participant" means an individual who—
(A) on December 31, 2012—
(i) is not a participant;
(ii) is not performing qualifying service; and
(iii) has less than 5 years of qualifying service; and
(B) after December 31, 2012, becomes a participant performing qualifying service.
(2) Contributions
(A) In general
Except as provided in subsection (d), 7 percent of the basic pay received by a participant other than a revised annuity participant for any pay period shall be deducted and withheld from the pay of that participant and contributed to the fund.
(B) Revised annuity participants
Except as provided in subsection (d), 9.3 percent of the basic pay received by a revised annuity participant for any pay period shall be deducted and withheld from the pay of that revised annuity participant and contributed to the fund.
(3) Agency contributions
(A) In general
An amount equal to 7 percent of the basic pay received by a participant other than a revised annuity participant shall be contributed to the fund for a pay period for the participant from the appropriation or fund which is used for payment of the participant's basic pay.
(B) Revised annuity participants
An amount equal to 4.7 percent of the basic pay received by a revised annuity participant shall be contributed to the fund for a pay period for the revised annuity participant from the appropriation or fund which is used for payment of the revised annuity participant's basic pay.
(4) 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
(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
(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
(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
(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 [
(B) is not creditable service for any purpose under subchapter III of this chapter or
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) 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
(
Editorial Notes
References in Text
The Social Security Act, referred to in subsec. (d)(1)(A), is act Aug. 14, 1935, ch. 531,
Prior Provisions
A prior section 211 of
Amendments
2023—Subsec. (c)(2)(B).
2012—Subsec. (a).
1993—Subsec. (c)(2)(B).
Statutory Notes and Related Subsidiaries
Effective Date of 1993 Amendment
Amendment by
Effective Date
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of
Temporary Adjustment of Contribution Levels
"(1)
"(2)
| 7.25 | January 1, 1999, to December 31, 1999. | |
| 7.4 | January 1, 2000, to December 31, 2000." |
Part C—Computation of Annuities
§2031. Computation of annuities
(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
(2) Credit for unused sick leave
The total service of a participant who retires on an immediate annuity (except under
(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, as determined by using the annual rate of basic pay that would be payable for full-time service in that position.
(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
(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
(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
(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
(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), 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
(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)) 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) 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)) 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) 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
(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).
(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
(i) 60 percent of the participant's high-3 average pay, as determined under subsection (a)(4), divided by the number of children.
(ii) $900, as adjusted under
(iii) $2,700, as adjusted under
(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
(i) 75 percent of the participant's high-3 average pay, as determined under subsection (a)(4), divided by the number of children.
(ii) $1,080, as adjusted under
(iii) $3,240, as adjusted under
(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), or under
(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
(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
(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) 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 two years after the marriage, to receive a reduced annuity as provided in subsection (b). 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
(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 two years 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
(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 two years 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).
(h) Conditional election of insurable interest survivor annuity by participants married at the time of retirement
(1) Authority to make designation
Subject to the rights of former spouses under subsection (b) and
(2) 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) 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.
(3) 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.
(4) Recomputation of participant's annuity on death of designated individual
An annuity that is reduced under this subsection 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.
(i) 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) 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
(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.
(j) Supplemental survivor annuities
(1) Spouse of recalled annuitant
A married recalled annuitant who reverts to retired status with entitlement to a supplemental annuity under
(2) Regulations
The Director shall prescribe regulations to provide for the application of paragraph (1) of this subsection and of subsection (b) of
(k) 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
(l) 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
(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.
(m) 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); 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.
(
Editorial Notes
Prior Provisions
A prior section 221 of
Amendments
2019—Subsec. (a)(3)(B).
Subsec. (b)(1)(C)(i).
Subsec. (f)(2).
Subsec. (g)(2)(A), (B)(ii).
Subsecs. (h) to (m).
1993—Subsec. (a)(4).
Subsec. (f)(1)(A).
Subsec. (g)(1).
Subsec. (j).
Statutory Notes and Related Subsidiaries
Effective Date of 2019 Amendment
Effective Date of 1993 Amendment
Amendment by
Effective Date
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of
§2032. Annuities for former spouses
(a) Former spouse share of participant's annuity
(1) Pro rata share
Unless otherwise expressly provided by a spousal agreement or court order under
(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) or under
(B) Treatment when annuitant returns to service
If an annuitant whose annuity is reduced under subparagraph (A) is recalled to service under
(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
(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
(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
(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
(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
(C) Finality of court order upon death of participant
After the death of a participant or retired participant, a court order under
(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 two years 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
(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) for a former spouse—
(A) such participant may elect, or
(B) a spousal agreement or court order under
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
(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
(
Editorial Notes
Prior Provisions
A prior section 222 of
Amendments
2019—Subsec. (b)(5)(B).
1993—Subsec. (a)(7).
Subsec. (c)(3)(C).
Subsec. (c)(4).
Statutory Notes and Related Subsidiaries
Effective Date of 1993 Amendment
Amendment by
Effective Date
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of
Survivor Annuity, Retirement Annuity, and Health Benefits for Certain Ex-Spouses of Central Intelligence Agency Employees; Effective Date
"(a)
"(1)
"(A)
"(i) the unreduced amount of the participant's annuity, as computed under section 221(a) of such Act [
"(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 [
"(B)
"(2)
"(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
"(3)
"(A)
"(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)
"(4)
"(5)
"(A)
"(B)
"(6)
"(7)
"(A)
"(B)
"(b)
"(1)
"(A)
"(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 (
"(B)
"(i)
"(ii)
"(I)
"(II)
"(2)
"(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
"(3)
"(A)
"(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,
"(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)
"(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 [
"(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)
"(D)
"(i)
"(ii)
"(4)
"(5)
"(6)
"(c)
"(d)
"(e)
"(1)
"(2) Section 16(d) of the Central Intelligence Agency Act of 1949 (as added by subsection (c) of this section) [
[Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of
§2033. Election of survivor benefits for certain former spouses divorced as of November 15, 1982
(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
(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
(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
(d) Reduction in participant's annuity
(1) Computation
The amount of the reduction in the participant's annuity shall be determined in accordance with
(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); or
(B) November 15, 1982, in the case of an election under subsection (b)(2).
(
Editorial Notes
Prior Provisions
A prior section 223 of
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of
§2034. Survivor annuity for certain other former spouses
(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), 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
(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
(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
(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), 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).
(
Editorial Notes
Prior Provisions
A prior section 224 of
Amendments
1993—Subsec. (c)(1)(B)(i).
Statutory Notes and Related Subsidiaries
Effective Date of 1993 Amendment
Amendment by
Effective Date
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of
§2035. Retirement annuity for certain former spouses
(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), 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), 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).
(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.
(
Editorial Notes
Prior Provisions
A prior section 225 of
Amendments
1993—Subsec. (c)(3).
Subsec. (c)(4)(A).
Statutory Notes and Related Subsidiaries
Effective Date of 1993 Amendment
Amendment by
Effective Date
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of
§2036. Survivor annuities for previous spouses
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
(
Editorial Notes
References in Text
The Civil Service Retirement Spouse Equity Act of 1984, referred to in text, is
Prior Provisions
A prior section 226 of
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of
Part D—Benefits Accruing to Certain Participants
§2051. Retirement for disability or incapacity; medical examination; recovery
(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).
(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) shall be computed under
(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
(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
(2) Retirement
After such termination, the recovered or restored annuitant shall be entitled to the benefits of
(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
(2) Survivor annuities
An individual is not entitled to receive an annuity under this subchapter and a concurrent benefit under subchapter I of
(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
(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
(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.
(
Editorial Notes
References in Text
Prior Provisions
A prior section 231 of
Amendments
1993—Subsec. (d)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 1993 Amendment
Amendment by
Effective Date
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of
1 See References in Text note below.
§2052. Death in service
(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
(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
(2) Computation
The annuity payable under paragraph (1) shall be computed in accordance with
(3) Limitation
Notwithstanding paragraph (1), if the participant had a former spouse qualifying for an annuity under
(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
(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
(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
(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
(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
(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.
(
Editorial Notes
Prior Provisions
A prior section 232 of
Amendments
2019—Subsec. (b)(1).
1993—Subsec. (b)(4).
Statutory Notes and Related Subsidiaries
Effective Date of 1993 Amendment
Amendment by
Effective Date
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of
§2053. Voluntary retirement
(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
(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
(
Editorial Notes
Prior Provisions
A prior section 233 of
Amendments
1993—
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of
§2054. Discontinued service benefits
(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
(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
(b) Refund of contributions if former participant dies before age 62
If a participant who qualifies under subsection (a) 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
(
Editorial Notes
Prior Provisions
A prior section 234 of
Amendments
1993—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1993 Amendment
Amendment by
Effective Date
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of
§2055. Mandatory retirement
(a) Involuntary retirement
(1)
(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 who is at the Senior Intelligence Service rank 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
(
Editorial Notes
Prior Provisions
A prior section 235 of
Amendments
2010—Subsec. (b)(1)(A).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of
§2056. Eligibility for annuity
(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), 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) 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.
(
Editorial Notes
Prior Provisions
A prior section 236 of
A prior section 237 of
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of
Part E—Lump-Sum Payments
§2071. Lump-sum payments
(a) Entitlement to lump-sum credit
Subject to
(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), 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
(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
(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
(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
(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
(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), 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).
(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).
(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.
(
Editorial Notes
Prior Provisions
A prior section 241 of
Amendments
1993—Subsec. (c).
Subsecs. (f), (g).
Statutory Notes and Related Subsidiaries
Effective Date of 1993 Amendment
Amendment by
Effective Date
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of
Part F—Period of Service for Annuities
§2081. Computation of length of service
(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
(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
(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
(
Editorial Notes
Prior Provisions
A prior section 251 of
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of
§2082. Prior service credit
(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
(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 1 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);
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
(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 March 31, 1991, and received a refund of the participant's retirement contributions covering a period of service ending before March 31, 1991;
(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
(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).
(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
(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
(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
(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) was not made to another Government retirement fund and transferred under subsection (c)(1), the participant may obtain credit for such military service, subject to the provisions of this subsection and subsections (f) through (h), 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); 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).
(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
(B) under
(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
(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
(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); or
(B) the military service of any participant described in subsection (e)(2)(B).
(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
(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) 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
| 7.25 percent of basic pay | January 1, 1999, to December 31, 1999. | |
| 7.4 percent of basic pay | January 1, 2000, to December 31, 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
(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
(
Editorial Notes
References in Text
Prior Provisions
A prior section 252 of
Amendments
2019—Subsec. (b)(3)(A).
Subsec. (h)(4).
2000—Subsec. (h)(1)(A).
1997—Subsec. (h)(1).
Statutory Notes and Related Subsidiaries
Change of Name
Reference to Reserve Corps of the Public Health Service deemed to be a reference to the Ready Reserve Corps, see
Effective Date of 2019 Amendment
Amendment by
Effective Date of 2000 Amendment
Amendment by
Effective Date of 1997 Amendment
Amendment by
Effective Date
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of
1 See Change of Name note below.
2 See References in Text note below.
§2083. Credit for service while on military leave
(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
(
Editorial Notes
Prior Provisions
A prior section 253 of
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of
Part G—Moneys
§2091. Estimate of appropriations needed
(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
(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
(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
(
Editorial Notes
Prior Provisions
A prior section 261 of
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of
§2092. Investment of moneys in fund
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.
(
Editorial Notes
Prior Provisions
A prior section 262 of
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of
§2093. Payment of benefits
(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
(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 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.
(
Editorial Notes
Prior Provisions
A prior section 263 of
Amendments
2023—Subsec. (g)(1).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of
§2094. Attachment of moneys
(a) Exemption from legal process
Except as provided in subsections (b), (c), and (e), 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
(2) any right of the former spouse of a participant or retired participant to a survivor annuity under
(3) any right of the former spouse of a former participant to any payment of a lump-sum credit under
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) 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) 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.
(
Editorial Notes
Prior Provisions
A prior section 264 of
Amendments
1993—Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (b)(4).
Statutory Notes and Related Subsidiaries
Effective Date of 1993 Amendment
Amendment by
Effective Date
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of
§2095. Recovery of payments
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.
(
Editorial Notes
Amendments
1993—
Statutory Notes and Related Subsidiaries
Effective Date of 1993 Amendment
Amendment by
Effective Date
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of
Part H—Retired Participants Recalled, Reinstated, or Reappointed in Agency or Reemployed in Government
§2111. Recall
(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) or reinstated or reappointed in accordance with
(c) Recomputation of annuity
When the retired participant reverts to retired status, the annuity of the retired participant shall be redetermined in accordance with
(
Editorial Notes
Prior Provisions
A prior section 271 of
Amendments
2023—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of
Executive Documents
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
§2112. Reemployment
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.
(
Editorial Notes
Prior Provisions
A prior section 272 of
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of
§2113. Reemployment compensation
(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) Part-time reemployed annuitants
The Director shall have the authority to reemploy an annuitant on a part-time basis in accordance with
(c) 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.
(d) 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.
(
Editorial Notes
Prior Provisions
A prior section 273 of
Amendments
2019—Subsecs. (b) to (d).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of
Executive Documents
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
Part I—Voluntary Contributions
§2121. Voluntary contributions
(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
compounded annually to the date of election under subsection (b) or the date of payment under subsection (d).
(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) shall be actuarially equivalent in value to the payment provided for in subsection (b)(1) 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
(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.
(
Editorial Notes
Prior Provisions
A prior section 281 of
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of
Part J—Cost-of-Living Adjustment of Annuities
§2131. Cost-of-living adjustment of annuities
(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
(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
(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) 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), 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), 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
(3) For purposes of computing the annuity of a child under
(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
(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.
(
Editorial Notes
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
Prior Provisions
A prior section 291 of
Amendments
1993—Subsec. (b)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 1993 Amendment
Amendment by
Effective Date
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of
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
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
(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
(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.
(
Editorial Notes
Prior Provisions
A prior section 292 of
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of
Executive Documents
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, §2, Nov. 2, 1998, 63 F.R. 60201, set out as a note under
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 (
George W. Bush.
Applicability of Federal Physicians Comparability Allowance Amendments of 2000
The Director of Central Intelligence to issue regulations to reflect application of sections 3(a) and 3(b) of
§2142. Thrift Savings Plan participation
(a) Eligibility for Thrift Savings Plan
Participants in the system shall be deemed to be employees for the purposes of
(b) Management of Thrift Savings Plan accounts by Director
Subsections (k) and (m) of
(
Editorial Notes
Prior Provisions
A prior section 293 of
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of
§2143. Alternative forms of annuities
(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
(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
(c) Lump-sum credit
Any lump-sum credit provided pursuant to an election under subsection (a) 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) to the congressional intelligence committees before the regulations take effect.
(
Editorial Notes
Prior Provisions
A prior section 294 of
Amendments
1993—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 1993 Amendment
Amendment by
Effective Date
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of
§2144. Payments from CIARDS fund for portions of certain Civil Service Retirement System annuities
The amount of the increase in any annuity that results from the application of
(
Editorial Notes
Prior Provisions
A prior section 295 of
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of
SUBCHAPTER III—PARTICIPATION IN FEDERAL EMPLOYEES' RETIREMENT SYSTEM
§2151. Application of Federal Employees' Retirement System to Agency employees
(a) General rule
Except as provided in subsections (b) and (c), 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 [
(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
(c) Nonapplicability of FERS to certain employees
(1) The provisions of
(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
(2) Paragraph (1) shall not apply with respect to an individual who has elected under regulations prescribed under
(3) An individual described in paragraph (1) shall be deemed to be an individual excluded under
(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
(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
(
Editorial Notes
References in Text
The Social Security Act, referred to in subsecs. (a) and (b), is act Aug. 14, 1935, ch. 531,
Prior Provisions
A prior section 301 of
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of
§2152. Special rules relating to section 2013 criteria employees
(a) In general
Except as otherwise provided in this section, in the application of
(b) Voluntary and mandatory retirement
The provisions of
(c) Recall
(1) Except as provided in paragraph (2),
(2) Contributions during recall service shall be made as provided in
(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
(d) Employees disabled on duty
(1) Definitions
In this subsection—
(A) the term "affected employee" means an employee of the Agency covered under subchapter II of
(i) is performing service in a position designated under subsection (a);
(ii) while on duty in the position designated under subsection (a), becomes ill or is injured as a direct result of the performance of such duties before the date on which the employee becomes entitled to an annuity under
(iii) because of the illness or injury described in clause (ii), is permanently unable to render useful and efficient service in the employee's covered position, as determined by the Director; and
(iv) is appointed to a position in the civil service that is not a covered position but is within the Agency; and
(B) the term "covered position" means a position as—
(i) a law enforcement officer described in
(ii) a customs and border protection officer described in
(iii) a firefighter described in
(iv) an air traffic controller described in
(v) a nuclear materials courier described in
(vi) a member of the United States Capitol Police;
(vii) a member of the Supreme Court Police;
(viii) an affected employee; or
(ix) a special agent described in
(2) Treatment of service after disability
Unless an affected employee files an election described in paragraph (3), creditable service by the affected employee in a position described in paragraph (1)(A)(iv) shall be treated as creditable service in a covered position for purposes of this chapter and
(3) Break in service
Paragraph (2) shall only apply if the affected employee transitions to a position described in paragraph (1)(A)(iv) without a break in service exceeding 3 days.
(4) Limitation on treatment of service
The service of an affected employee shall no longer be eligible for treatment under paragraph (2) if such service occurs after the employee is transferred to a supervisory or administrative position related to the activities of the former covered position of the employee.
(5) Opt out
An affected employee may file an election to have any creditable service performed by the affected employee treated in accordance with
(
Applicability of Amendment
For provisions relating to delayed applicability of amendment by
Editorial Notes
Prior Provisions
A prior section 302 of
Amendments
2022—Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Amendment by
Effective Date
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of
Regulations
For provisions relating to promulgation of regulations to carry out the amendments made by
§2153. Special rules for other employees for service abroad
(a) Special computation rule
Notwithstanding any provision of
(b) Computation
(1) Service abroad
The portion of the annuity relating to such service abroad shall be computed as provided in
(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
(
Editorial Notes
Prior Provisions
A prior section 303 of
Amendments
2012—Subsec. (b)(1).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of
§2154. Special rules for former spouses
(a) General rule
Except as otherwise specifically provided in this section, the provisions of
(b) Definitions
For purposes of this section:
(1) Employee
The term "employee" means an employee of the Agency who is subject to
(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
(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
(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
(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
(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
(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
(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
(ii) any reduction in the annuity of the retired employee to provide survivor benefits under subsection (d) of this section or under
(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
(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
(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
(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
(A) 50 percent of the employee's annuity under subchapter III of
(B) if applicable, 50 percent of the employee's benefits under
(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
(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
(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
(B) Any calculation under
(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
(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
(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
(A) 50 percent of the employee's annuity under subchapter III of
(B) if applicable—
(i) 50 percent of the employee's annuity under
(ii) the survivor benefits referred to in subsection (d)(2)(A),
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
(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
(f) Preservation of rights of qualified former spouses
An employee may not make an election or modification of election under
(g) Payment of share of lump-sum credit
Whenever an employee or former employee becomes entitled to receive the lump-sum credit under
(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) and to any survivor benefits under subsection (d), and the amount of any such benefits;
(2) any right of the qualified former spouse to any Thrift Savings Plan benefit under subsection (e), 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), 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
(2) For the purposes of computing such former spouse's benefits under
(A) the retirement benefits shall be equal to the amount determined under subsection (c)(7)(A); 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
(3) Benefits provided pursuant to this subsection shall be payable from the Central Intelligence Agency Retirement and Disability Fund.
(
Editorial Notes
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
Prior Provisions
A prior section 304 of
Amendments
2023—Subsec. (c)(1)(B)(i).
Subsec. (c)(5)(A)(ii).
1993—Subsec. (i)(1).
Statutory Notes and Related Subsidiaries
Effective Date of 1993 Amendment
Amendment by
Effective Date
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of
§2155. Administrative provisions
(a) Finality of decisions of Director
(b) Exception
Notwithstanding subsection (a),
(
Editorial Notes
Prior Provisions
A prior section 305 of
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of
§2156. Regulations
(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) to the congressional intelligence committees before they take effect.
(
Editorial Notes
Prior Provisions
A prior section 306 of
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of
§2157. Transition regulations
(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
(b) Congressional review
The Director shall submit regulations prescribed under subsection (a) to the congressional intelligence committees before they take effect.
(
Editorial Notes
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
Prior Provisions
A prior section 307 of
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of