50 USC Ch. 38: Front Matter
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50 USC Ch. 38: Front Matter
From Title 50-WAR AND NATIONAL DEFENSECHAPTER 38-CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
Jump To: MiscellaneousCodification

CHAPTER 38-CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SUBCHAPTER I-DEFINITIONS

Sec.
2001.
Definitions relating to the system.
2002.
Definitions relating to participants and annuitants.
(a)
General definitions.
(b)
"Child" defined.

        

SUBCHAPTER II-CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Part A-Establishment of System

2011.
CIARDS system.
(a)
In general.
(b)
Administration of system.
(c)
Finality of decisions of DCI.
2012.
Central Intelligence Agency Retirement and Disability Fund.
2013.
Participants in CIARDS system.
(a)
Designation of participants.
(b)
Qualifying service.
(c)
Election of employee to be participant.
2014.
Annuitants.

        

Part B-Contributions

2021.
Contributions to fund.
(a)
In general.
(b)
Consent of participant to deductions from pay.
(c)
Treatment of contributions after 35 years of service.
(d)
Offset for social security taxes.

        

Part C-Computation of Annuities

2031.
Computation of annuities.
(a)
Annuity of participant.
(b)
Spouse or former spouse survivor annuity.
(c)
18-month open period after retirement to provide spouse coverage.
(d)
Annuities for surviving children.
(e)
Commencement and termination of child annuities.
(f)
Participants not married at time of retirement.
(g)
Effect of divorce after retirement.
(h)
Coordination of annuities.
(i)
Supplemental survivor annuities.
(j)
Offset of annuities by amount of social security benefit.
(k)
Information from other agencies.
(l)
Information on rights under system.
2032.
Annuities for former spouses.
(a)
Former spouse share of participant's annuity.
(b)
Former spouse survivor annuity.
(c)
Optional additional survivor annuities for other former spouse or surviving spouse.
2033.
Election of survivor benefits for certain former spouses divorced as of November 15, 1982.
(a)
Former spouses as of November 15, 1982.
(b)
Time for making election.
(c)
Base for annuity.
(d)
Reduction in participant's annuity.
2034.
Survivor annuity for certain other former spouses.
(a)
Survivor annuity.
(b)
Limitations.
(c)
Commencement and termination of annuity.
(d)
Application.
(e)
Restoration of annuity.
2035.
Retirement annuity for certain former spouses.
(a)
Retirement annuity.
(b)
Limitations.
(c)
Commencement and termination.
(d)
Restoration of annuities.
(e)
Savings provision.
2036.
Survivor annuities for previous spouses.

        

Part D-Benefits Accruing to Certain Participants

2051.
Retirement for disability or incapacity; medical examination; recovery.
(a)
Disability retirement.
(b)
Computation of disability annuity.
(c)
Medical examinations.
(d)
Treatment of recovered disability annuitant who is not reinstated.
(e)
Coordination of benefits.
(f)
Offset from survivor annuity for workers' compensation payment.
2052.
Death in service.
(a)
Return of contributions when no annuity payable.
(b)
Survivor annuity for surviving spouse or former spouse.
(c)
Annuities for surviving children.
2053.
Voluntary retirement.
2054.
Discontinued service benefits.
(a)
Deferred annuity.
(b)
Refund of contributions if former participant dies before age 62.
2055.
Mandatory retirement.
(a)
Involuntary retirement.
(b)
Mandatory retirement for age.
(c)
Retirement benefits.
2056.
Eligibility for annuity.
(a)
One-out-of-two requirement.
(b)
Refund of contributions for time not allowed for credit.
(c)
Exception.

        

Part E-Lump-Sum Payments

2071.
Lump-sum payments.
(a)
Entitlement to lump-sum credit.
(b)
Conditions for payment of lump-sum credit.
(c)
Order of precedence of payment.
(d)
Death of former participant before retirement.
(e)
Termination of all annuity rights.
(f)
Payment of accrued and unpaid annuity when retired participant dies.
(g)
Termination of survivor annuity.

        

Part F-Period of Service for Annuities

2081.
Computation of length of service.
(a)
In general.
(b)
Extra credit for periods served at unhealthful posts overseas.
2082.
Prior service credit.
(a)
In general.
(b)
Limitations.
(c)
Transfer from other Government retirement systems.
(d)
Transfer to other Government retirement systems.
(e)
Prior military service credit.
(f)
Effect of entitlement to social security benefits.
(g)
Deposits paid by survivors.
(h)
Deposits for periods of military service.
2083.
Credit for service while on military leave.
(a)
General rule.
(b)
Waiver of contributions.

        

Part G-Moneys

2091.
Estimate of appropriations needed.
(a)
Estimates of annual appropriations.
(b)
Actuarial valuations.
(c)
Changes in law affecting actuarial status of fund.
(d)
Authorization.
(e)
Unfunded liability; credit allowed for military service.
2092.
Investment of moneys in fund.
2093.
Payment of benefits.
(a)
Annuities stated as annual amounts.
(b)
Commencement of annuity.
(c)
Termination of annuity.
(d)
Application for survivor annuities.
(e)
Waiver of annuity.
(f)
Limitations.
(g)
Withholding of State income tax from annuities.
2094.
Attachment of moneys.
(a)
Exemption from legal process.
(b)
Payment to former spouses under court order or spousal agreement.
(c)
Other payments under court orders.
(d)
Prospective payments; bar to recovery.
(e)
Allotments.
2095.
Recovery of payments.

        

Part H-Retired Participants Recalled, Reinstated, or Reappointed in Agency or Reemployed in Government

2111.
Recall.
(a)
Authority to recall.
(b)
Pay of retired participant while serving.
(c)
Recomputation of annuity.
2112.
Reemployment.
2113.
Reemployment compensation.
(a)
Deduction from basic pay.
(b)
Recovery of overpayments.
(c)
Deposit in fund.

        

Part I-Voluntary Contributions

2121.
Voluntary contributions.
(a)
Authority for voluntary contributions.
(b)
Treatment of voluntary contributions.
(c)
Value of benefits.
(d)
Lump-sum payment.
(e)
Benefits in addition to other benefits.

        

Part J-Cost-of-Living Adjustment of Annuities

2131.
Cost-of-living adjustment of annuities.
(a)
In general.
(b)
Eligibility.
(c)
Limitation.
(d)
Rounding to next lower dollar.
(e)
Limitation on maximum amount of annuity.

        

Part K-Conformity With Civil Service Retirement System

2141.
Authority to maintain existing areas of conformity between Civil Service and Central Intelligence Agency Retirement and Disability Systems.
(a)
Presidential authority.
(b)
Effect of Executive order.
2142.
Thrift Savings Plan participation.
(a)
Eligibility for Thrift Savings Plan.
(b)
Management of Thrift Savings Plan accounts by Director.
2143.
Alternative forms of annuities.
(a)
Authority for alternative form of annuity.
(b)
Basis for alternative forms of annuity.
(c)
Lump-sum credit.
(d)
Submission of regulations to congressional intelligence committees.
2144.
Payments from CIARDS fund for portions of certain Civil Service Retirement System annuities.

        

SUBCHAPTER III-PARTICIPATION IN FEDERAL EMPLOYEES' RETIREMENT SYSTEM

2151.
Application of Federal Employees' Retirement System to Agency employees.
(a)
General rule.
(b)
Exception for pre-1984 employees.
(c)
Nonapplicability of FERS to certain employees.
(d)
Election to become subject to FERS.
(e)
Special rules.
2152.
Special rules relating to section 2013 criteria employees.
(a)
In general.
(b)
Voluntary and mandatory retirement.
(c)
Recall.
2153.
Special rules for other employees for service abroad.
(a)
Special computation rule.
(b)
Computation.
2154.
Special rules for former spouses.
(a)
General rule.
(b)
Definitions.
(c)
Entitlement of qualified former spouse to retirement benefits.
(d)
Qualified former spouse survivor benefits.
(e)
Qualified former spouse Thrift Savings Plan benefit.
(f)
Preservation of rights of qualified former spouses.
(g)
Payment of share of lump-sum credit.
(h)
Payment to qualified former spouses under court order or spousal agreement.
(i)
Applicability of CIARDS former spouse benefits.
2155.
Administrative provisions.
(a)
Finality of decisions of Director.
(b)
Exception.
2156.
Regulations.
(a)
Requirement.
(b)
Congressional review.
2157.
Transition regulations.
(a)
Regulations.
(b)
Congressional review.

        

Codification

The Central Intelligence Agency Retirement Act, comprising this chapter, was originally enacted as the Central Intelligence Agency Retirement Act of 1964 for Certain Employees by Pub. L. 88–643, Oct. 13, 1964, 78 Stat. 1043 , as amended by Pub. L. 90–539, Sept. 30, 1968, 82 Stat. 902 ; Pub. L. 91–185, Dec. 30, 1969, 83 Stat. 847 ; Pub. L. 91–626, §§1–6, Dec. 31, 1970, 84 Stat. 1872–1874 ; Pub. L. 93–31, May 8, 1973, 87 Stat. 65 ; Pub. L. 93–210, §1(a), Dec. 28, 1973, 87 Stat. 908 ; Pub. L. 94–361, title VIII, §801(b), July 14, 1976, 90 Stat. 929 ; Pub. L. 94–522, title I, §§101, 102, title II, §§201–213, Oct. 17, 1976, 90 Stat. 2467–2471 ; Ex. Ord. No. 12273, Jan. 16, 1981, 46 F.R. 5854; Ex. Ord. No. 12326, Sept. 30, 1981, 46 F.R. 48889; Pub. L. 97–269, title VI, §§602–611, Sept. 27, 1982, 96 Stat. 1145–1148 , 1152-1153; Ex. Ord. No. 12443, Sept. 27, 1983, 48 F.R. 44751; Ex. Ord. No. 12485, July 13, 1984, 49 F.R. 28827; Pub. L. 98–618, title III, §302, Nov. 8, 1984, 98 Stat. 3300 ; Pub. L. 99–169, title VII, §702, Dec. 4, 1985, 99 Stat. 1008 ; Pub. L. 99–335, title V, §§501–506, June 6, 1986, 100 Stat. 622–624 ; Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095 ; Pub. L. 99–569, title III, §302(a), Oct. 27, 1986, 100 Stat. 3192 ; Pub. L. 100–178, title IV, §§401(a), 402(a), (b)(1), (2), Dec. 2, 1987, 101 Stat. 1012–1014 ; Pub. L. 100–453, title III, §302(a), (b)(1), (c)(1), (d)(1), (2), title V, §502, Sept. 29, 1988, 102 Stat. 1906 , 1907, 1909; Pub. L. 101–193, title III, §§302–304(a), 307(b), Nov. 30, 1989, 103 Stat. 1703 , 1707; Pub. L. 102–83, §5(c)(2), Aug. 6, 1991, 105 Stat. 406 ; Pub. L. 102–88, title III, §§302–305(a), 306–307(b), Aug. 14, 1991, 105 Stat. 431–433 ; Pub. L. 102–183, title III, §§302(a)–(c), 303(a), 304–306(b), 307, 309(a), 310(a), Dec. 4, 1991, 105 Stat. 1262–1266 ; Pub. L. 102–496, title III, §304(b), Oct. 24, 1992, 106 Stat. 3183 , and was set out as a note under section 403 of this title. The Act is shown herein, however, as having been added by Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3196 , without reference to such intervening amendments because of the extensive revision and restatement of the Act's provisions by Pub. L. 102–496.