-CITE-
    50 USC CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY
           RETIREMENT AND DISABILITY                       01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

-HEAD-
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

-MISC1-
                        SUBCHAPTER I - DEFINITIONS                    
    Sec.                                                     
    2001.       Definitions relating to the system.                   
    2002.       Definitions relating to participants and annuitants.  
                  (a)  General definitions.                           
                  (b)  "Child" defined.                               

        SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
                             DISABILITY SYSTEM

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

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

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

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

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

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

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

    PART H - RETIRED PARTICIPANTS RECALLED, REINSTATED, OR REAPPOINTED
                   IN AGENCY OR REEMPLOYED IN GOVERNMENT
    2111.       Recall.                                               
                  (a)  Authority to recall.                           
                  (b)  Pay of retired participant while serving.      
                  (c)  Recomputation of annuity.                      
    2112.       Reemployment.                                         
    2113.       Reemployment compensation.                            
                  (a)  Deduction from basic pay.                      
                  (b)  Recovery of overpayments.                      
                  (c)  Deposit in fund.                               

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

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

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

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

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

-End-

-CITE-
    50 USC SUBCHAPTER I - DEFINITIONS                           01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER I - DEFINITIONS

-HEAD-
                        SUBCHAPTER I - DEFINITIONS                    

-End-

-CITE-
    50 USC Sec. 2001                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER I - DEFINITIONS

-HEAD-
    Sec. 2001. Definitions relating to the system

-STATUTE-
      When used in this chapter:
      (1) Agency
        The term "Agency" means the Central Intelligence Agency.
      (2) Director
        The term "Director" means the Director of 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 section 2013 of this title.
      (4) Fund balance
        The term "fund balance" means the sum of - 
          (A) the investments of the fund calculated at par value; and
          (B) the cash balance of the fund on the books of the
        Treasury.
      (5) Unfunded liability
        The term "unfunded liability" means the estimated amount by
      which - 
          (A) the present value of all benefits payable from the fund
        exceeds
          (B) the sum of - 
            (i) the present value of deductions to be withheld from the
          future basic pay of participants subject to subchapter II of
          this chapter and of future Agency contributions to be made on
          the behalf of such participants;
            (ii) the present value of Government payments to the fund
          under sections 2091(c) and 2091(d) of this title; and
            (iii) the fund balance as of the date on which the unfunded
          liability is determined.
      (6) Normal cost
        The term "normal cost" means the level percentage of payroll
      required to be deposited in the fund to meet the cost of benefits
      payable under the system (computed in accordance with generally
      accepted actuarial practice on an entry-age basis) less the value
      of retirement benefits earned under another retirement system for
      government employees and less the cost of credit allowed for
      military service.
      (7) Lump-sum credit
        The term "lump-sum credit" means the unrefunded amount
      consisting of retirement deductions made from a participant's
      basic pay and amounts deposited by a participant covering earlier
      service, including any amounts deposited under section 2082(h) of
      this title.
      (8) Congressional intelligence committees
        The term "congressional intelligence committees" means the
      Permanent Select Committee on Intelligence of the House of
      Representatives and the Select Committee on Intelligence of the
      Senate.
      (9) Employee
        The term "employee" includes an officer of the Agency.

-SOURCE-
    (Pub. L. 88-643, title I, Sec. 101, as added Pub. L. 102-496, title
    VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3197; amended Pub. L. 103-
    178, title II, Sec. 202(a)(1), Dec. 3, 1993, 107 Stat. 2025; Pub.
    L. 108-458, title I, Sec. 1071(c), Dec. 17, 2004, 118 Stat. 3691.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 101 of Pub. L. 88-643, title I, Oct. 13, 1964, 78
    Stat. 1043, provided a short title for Pub. L. 88-643 as the
    "Central Intelligence Agency Retirement Act of 1964 for Certain
    Employees" and was set out as a note under section 403 of this
    title prior to the general amendment of Pub. L. 88-643 by section
    802 of Pub. L. 102-496.

                                AMENDMENTS                            
      2004 - Par. (2). Pub. L. 108-458 added par. (2) and struck out
    heading and text of former par. (2). Text read as follows: "The
    term 'Director' means the Director of Central Intelligence."
      1993 - Par. (7). Pub. L. 103-178 substituted "basic pay and
    amounts deposited" for "basic pay, amounts deposited" and struck
    out ", and interest determined under section 2121 of this title"
    after "section 2082(h) of this title".

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of this title.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out in an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    this title.

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Section 202(b) of Pub. L. 103-178 provided that: "The amendments
    made by subsection (a) [amending this section and sections 2011,
    2021, 2031, 2032, 2034, 2035, 2051, 2052, 2054, 2071, 2094, 2095,
    2131, and 2154 of this title] shall take effect as of February 1,
    1993."

                              EFFECTIVE DATE                          
      Section 805 of Pub. L. 102-496 provided that: "The amendments
    made by sections 802 and 803 [enacting this chapter and amending
    sections 403n, 403r, and 403s of this title, sections 8347 and 8423
    of Title 5, Government Organization and Employees, section 1605 of
    Title 10, Armed Forces, and provisions set out as a note under
    section 402 of this title] shall take effect on the first day of
    the fourth month beginning after the date of the enactment of this
    Act [Oct. 24, 1992]."

     EFFECTIVE DATE OF AMENDMENTS TO PUB. L. 88-643 PRIOR TO ENACTMENT
                            OF PUB. L. 102-496
      Pub. L. 102-183, title III, Sec. 302(d), Dec. 4, 1991, 105 Stat.
    1263, provided that: "The amendments made by this section [amending
    sections 204(b)(3), 221(c)-(e), and 232(c)-(e) of Pub. L. 88-643]
    shall take effect on the first day of the fourth month beginning
    after the date of the enactment of this Act [Dec. 4, 1991] and
    shall apply with respect to annuities payable to children by reason
    of the death of a participant or annuitant on or after that date."
      Pub. L. 102-183, title III, Sec. 303(b), Dec. 4, 1991, 105 Stat.
    1264, provided that: "(1) The amendments made by subsection (a)
    [amending section 221(p)-(r) of Pub. L. 88-643] shall take effect
    on the first day of the fourth month beginning after the date of
    the enactment of this Act [Dec. 4, 1991].
      "(2)(A) The amendment made by subsection (a)(2) [enacting section
    221(q) of Pub. L. 88-643] shall apply with respect to participants
    and former participants regardless of whether they retire before,
    on, or after the effective date specified in paragraph (1), except
    that paragraph (1)(A) of section 221(q) of the Central Intelligence
    Agency Retirement Act of 1964 for Certain Employees (as added by
    subsection (a)(2)) shall apply only with respect to participants
    who retire on or after that effective date.
      "(B) In applying the provisions of paragraph (1)(B) of section
    221(q) of the Central Intelligence Agency Retirement Act of 1964
    for Certain Employees (as added by subsection (a)(2)) to a
    participant or former participant who retires before the effective
    date specified in paragraph (1) - 
        "(i) the 18-month period referred to in that paragraph shall be
      considered to begin on the effective date specified in paragraph
      (1); and
        "(ii) the amount referred to in paragraph (2) of that section
      (as added by subsection (a)(2)) shall be computed without regard
      to the provisions of subparagraph (B)(ii) of such paragraph
      (relating to interest)."
      Pub. L. 102-183, title III, Sec. 306(c), Dec. 4, 1991, 105 Stat.
    1265, provided that:
      "(1) The amendment made by subsection (a)(1) [amending section
    226(a) of Pub. L. 88-643] shall be deemed to have become effective
    as of September 30, 1990, and shall apply in the case of annuitants
    whose divorce occurs on or after that date.
      "(2) The amendments made by subsections (a)(2) and (a)(3)
    [amending section 226(a) of Pub. L. 88-643] shall be deemed to have
    become effective as of September 29, 1988."
      Pub. L. 102-183, title III, Sec. 309(b), Dec. 4, 1991, 105 Stat.
    1266, provided that: "Subsection (h) of section 304 of the Central
    Intelligence Agency Retirement Act of 1964 for Certain Employees
    [Pub. L. 88-643], as added by subsection (a), shall be deemed to
    have become effective as of December 2, 1987."
      Pub. L. 102-183, title III, Sec. 310(b), Dec. 4, 1991, 105 Stat.
    1267, provided that: "The amendment made by subsection (a)
    [amending section 204(b)(4) of Pub. L. 88-643] shall apply only to
    a former husband or wife of a participant or former participant
    whose divorce from the participant or former participant becomes
    final after the date of the enactment of this Act [Dec. 4, 1991]."
      Pub. L. 102-88, title III, Sec. 305(b), Aug. 14, 1991, 105 Stat.
    432, provided that:
      "(1) The amendments made by subsection (a) [amending sections
    221, 222, and 232 of Pub. L. 88-643] relating to widows or widowers
    shall apply in the case of a surviving spouse's remarriage
    occurring on or after July 27, 1989, and with respect to periods
    beginning after such date.
      "(2) The amendments made by subsection (a) relating to former
    spouses shall apply with respect to any former spouse whose
    remarriage occurs after the date of enactment of this Act [Aug. 14,
    1991]."
      Amendment by section 307 of Pub. L. 102-88 (amending sections 224
    and 225 of Pub. L. 88-643) effective as of Oct. 1, 1990, and no
    benefits provided pursuant to such amendment to be payable with
    respect to any period before such date, see section 307(d) of Pub.
    L. 102-88, set out as an Effective Date of 1991 Amendment note
    under section 403p of this title.
      Pub. L. 101-193, title III, Sec. 304(b), Nov. 30, 1989, 103 Stat.
    1703, provided that: "The amendment made by this section [amending
    section 224(a)(2) of Pub. L. 88-643] shall be effective as of
    October 1, 1986."
      Pub. L. 100-453, title III, Sec. 302(b)(2), Sept. 29, 1988, 102
    Stat. 1907, provided that: "The amendments made by paragraph (1)
    [amending section 224 of Pub. L. 88-643] shall take effect as of
    October 1, 1986."
      Pub. L. 100-453, title III, Sec. 302(c)(2), Sept. 29, 1988, 102
    Stat. 1907, provided that: "The amendment made by paragraph (1)
    [amending section 225(a) of Pub. L. 88-643] shall take effect as of
    December 2, 1987."
      Pub. L. 100-453, title III, Sec. 302(d)(3), Sept. 29, 1988, 102
    Stat. 1907, provided that: "The amendment made by this subsection
    [amending section 221(n), (p) of Pub. L. 88-643] shall apply to
    marriages which occur on or after May 7, 1985."
      Pub. L. 100-178, title IV, Sec. 402(c)-(e), Dec. 2, 1987, 101
    Stat. 1014, provided that:
      "(c)(1) Except as provided in paragraph (2), the amendments made
    by this section [amending section 403n of this title and sections
    221(o)(2), 232(b), and 304 of Pub. L. 88-643] shall take effect on
    November 15, 1982, the effective date of the Central Intelligence
    Agency Spouses' Retirement Equity Act of 1982.
      "(2) The amendment made by subsection (b)(2) [amending section
    304 of Pub. L. 88-643] shall take effect on January 1, 1987, the
    effective date of the Federal Employees' Retirement System Act of
    1986.
      "(d) Nothing in this section or any amendment made by this
    section shall be construed to require the forfeiture by any
    individual of benefits received before the date of the enactment of
    this Act [Dec. 2, 1987].
      "(e) Nothing in this section or any amendment made by this
    section shall be construed to require a reduction in the level of
    benefits received by any individual who was receiving benefits
    under section 232 of the Central Intelligence Agency Retirement Act
    of 1964 for Certain Employees [Pub. L. 88-643] before the date of
    enactment of this Act [Dec. 2, 1987]".
      Amendment by section 302(a) of Pub. L. 99-569 (enacting section
    224 of Pub. L. 88-643) effective Oct. 1, 1986, see section 302(d)
    of Pub. L. 99-569, set out as an Effective Date of 1986 Amendment
    note under section 403n of this title.
      Pub. L. 97-269, title VI, Sec. 613, Sept. 27, 1982, 96 Stat.
    1154, provided that:
      "(a) Except as provided in subsections (b) and (c) of this
    section, this title [enacting section 403n of this title and
    sections 222 and 223 of Pub. L. 88-643 and amending sections 204,
    211, 221, 234, and 263 of Pub. L. 88-643] shall take effect on
    November 15, 1982.
      "(b) The provisions of section 222(a) of the Central Intelligence
    Agency Retirement Act of 1964 for Certain Employees [Pub. L. 88-
    643], as added by this title, regarding the rights of former
    spouses to an annuity shall apply in the case of any individual who
    after the effective date of this title [Nov. 15, 1982] becomes a
    former spouse of an individual who separates from service with the
    Agency after such date.
      "(c) Except to the extent provided in section 223 of the Central
    Intelligence Agency Retirement Act of 1964 for Certain Employees
    [Pub. L. 88-643], the provisions of section 221(b) (as amended by
    this title) and the provisions of subsections (b) and (c) of
    section 222 of such Act, as added by this title, regarding the
    rights of former spouses to receive survivor annuities shall apply
    in the case of any individual who after the effective date of this
    title [Nov. 15, 1982] becomes a former spouse of a participant or
    former participant in the Central Intelligence Agency Retirement
    and Disability System."
      Pub. L. 94-522, title II, Sec. 215, Oct. 17, 1976, 90 Stat. 2472,
    provided that:
      "(a) This Act [amending Pub. L. 88-643] shall become effective
    October 1, 1976.
      "(b) The amendments made by sections 201(a), (b), (c), and (d),
    202, and 208 [amending sections 204(a), (b)(2), (3)(i), 221(b) and
    232(b) of Pub. L. 88-643] shall not apply in the case of
    participants who died before January 8, 1971. The amendments made
    by section 201(e) [amending section 204 of Pub. L. 88-643] shall
    not apply in the case of participants who died before April 9,
    1974. The rights of such persons and their survivors shall continue
    in the same manner and to the same extent as if such amendments had
    not been enacted.
      "(c) The amendment made by section 203 [enacting section
    221(f)(2) of Pub. L. 88-643] shall apply to a participant who
    married prior to enactment [Oct. 17, 1976] but only if the election
    is made within one year after enactment [Oct. 17, 1976].
      "(d) The amendment made by section 210 [amending section 251 of
    Pub. L. 88-643] is effective only with respect to annuity accruing
    for full months beginning after January 8, 1971; but any part of a
    period of separation referred to in such amendment in which the
    participant or former participant was receiving benefits under
    chapter 81 of title 5, United States Code or any earlier statute on
    which such chapter is based shall be counted whether the person
    returns to duty before, on, or after January 8, 1971. With respect
    to any person retired before such date of enactment, any such part
    of a period of separation shall be counted only upon application of
    the retired person.
      "(e) The amendment in section 211 [amending section 252(a)(2) of
    Pub. L. 88-643] to credit certain service in the Public Health
    Service is effective as of April 8, 1960, and the amendment to
    credit certain service in the National Oceanic and Atmospheric
    Administration is effective as of September 14, 1961.
      "(f) The amendment in section 212 [enacting section 264 of Pub.
    L. 88-643] is effective as of June 30, 1974.
      "(g) The amendment to recompute a reduced annuity during periods
    when not married in section 202 [amending section 221(b) of Pub. L.
    88-643] shall apply to annuities which commence before, on, or
    after the date of enactment of this Act [Oct. 17, 1976], but no
    increase in annuity shall be paid for any period prior to November
    1, 1974.
      "(h) Annuity increases under sections 204 [enacting section
    221(l) of Pub. L. 88-643] and 214 [set out below] shall apply to
    annuities which commence before, on, or after the date of enactment
    of this Act [Oct. 17, 1976], but no increase in annuity shall be
    paid for any period prior to August 1, 1974, or the date on which
    the annuity commences, whichever is later."
      Pub. L. 93-210, Sec. 1(b), Dec. 28, 1973, 87 Stat. 908, provided
    that: "The amendments made by subsection (a) [amending section
    291(b) of Pub. L. 88-643] shall apply only with respect to
    annuities which commence on or after July 2, 1973."
      Pub. L. 91-185, Sec. 6, Dec. 30, 1969, 83 Stat. 849, provided
    that:
      "(a) The amendments made by section 1 [amending section 211(a) of
    Pub. L. 88-643, set out above] shall become effective at the
    beginning of the first applicable pay period beginning after
    December 31, 1969.
      "(b) The amendments made by sections 3, 4 [amending sections
    231(a) and 232(h) of Pub. L. 88-643], and 2 [amending section 221
    of Pub. L. 88-643], with the exception of 2(c) [amending subsec.
    (c) thereof], shall become effective October 20, 1969.
      "(c) The amendments made by sections 2(c) and 5 [amending
    sections 221(c) and 291 of Pub. L. 88-643] shall become effective
    November 1, 1969.
      "(d) The amendments made by sections 2(a), 2(e), 3, and 4(a)(1)-
    (2) [amending section 221(a), adding section 221(h), and amending
    sections 231(a) and 232(b) of Pub. L. 88-643] shall not apply in
    the cases of persons retired or otherwise separated prior to
    October 20, 1969, and the rights of such persons and their
    survivors shall continue in the same manner and to the same extent
    as if such sections had not been enacted."

                       SHORT TITLE OF 1993 AMENDMENT                   
      Pub. L. 103-36, Sec. 1, June 8, 1993, 107 Stat. 104, provided
    that: "This Act [amending section 2053 of this title and enacting
    provisions set out as a note under section 403-4 of this title] may
    be cited as the 'Central Intelligence Agency Voluntary Separation
    Pay Act'."

                       SHORT TITLE OF 1992 AMENDMENT                   
      Section 801 of title VIII of Pub. L. 102-496 provided that: "This
    title [enacting this chapter, amending sections 403n, 403r, 403r-1,
    and 403s of this title, sections 8347 and 8423 of Title 5,
    Government Organization and Employees, section 1605 of Title 10,
    Armed Forces and sections 4071b to 4071d of Title 22, Foreign
    Relations and Intercourse, enacting provisions set out as notes
    under this section, and amending provisions set out as a note under
    section 402 of this title] may be cited as the 'CIARDS Technical
    Corrections Act of 1992'."

                       SHORT TITLE OF 1982 AMENDMENT                   
      Pub. L. 97-269, title VI, Sec. 601, Sept. 27, 1982, 96 Stat.
    1145, provided that: "This title [enacting section 403n of this
    title and amending Pub. L. 88-643] may be cited as the 'Central
    Intelligence Agency Spouses' Retirement Equity Act of 1982'."

                                SHORT TITLE                            
      Section 1(a) of Pub. L. 88-643, as added by Pub. L. 102-496,
    title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3196, provided that:
    "This Act [enacting this chapter] may be cited as the 'Central
    Intelligence Agency Retirement Act'."

                             SAVINGS PROVISION                         
      Section 804 of Pub. L. 102-496 provided that:
      "(a) Prior Elections. - Any election made under the Central
    Intelligence Agency Retirement Act of 1964 for Certain Employees
    [Pub. L. 88-643 prior to enactment of Pub. L. 102-496, formerly set
    out as a note under section 403 of this title] before the effective
    date specified in section 805 [set out as an Effective Date note
    above] shall not be affected by the amendment made by section 802
    [enacting this chapter] and shall be deemed to have been made under
    the corresponding provision of that Act as restated by section 802
    as the Central Intelligence Agency Retirement Act.
      "(b) References. - Any reference in any other Act, or in any
    Executive order, rule, or regulation, to the Central Intelligence
    Agency Retirement Act of 1964 for Certain Employees, or to a
    provision of that Act, shall be deemed to refer to that Act and to
    the corresponding provision of that Act, as restated by section 802
    as the Central Intelligence Agency Retirement Act."

      FUNDING REQUIREMENTS FOR AMENDMENTS TO PUB. L. 88-643 PRIOR TO
                       ENACTMENT OF PUB. L. 102-496
      Pub. L. 100-453, title III, Sec. 302(e), Sept. 29, 1988, 102
    Stat. 1907, provided that: "Any new spending authority (within the
    meaning of section 401(c) of the Congressional Budget Act of 1974
    [2 U.S.C. 651(c)]) provided pursuant to the amendments made by this
    section [enacting section 226 and amending sections 221, 224, and
    225 of Pub. L. 88-643] shall be effective for any fiscal year only
    to such extent or in such amounts as are provided in appropriations
    Acts."
      For provision that any new spending authority (within the meaning
    of section 401(c) of the Congressional Budget Act of 1974) provided
    pursuant to the amendments made to sections 224 and 225 of Pub. L.
    88-643 by section 307 of Pub. L. 102-88 be effective for any fiscal
    year only to such extent or in such amounts as are provided in
    advance in appropriation Acts, see section 307(c) of Pub. L. 102-
    88, set out as a Compliance With Budget Act note under section
    403p of this title.

    CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY FUND; ANNUITY
                      INCREASE PAYMENT; MONTHLY RATE
      Pub. L. 94-522, title II, Sec. 214, Oct. 17, 1976, 90 Stat. 2472,
    provided that:
      "(a) An annuity payable from the Central Intelligence Agency
    Retirement and Disability Fund to an annuitant which is based on a
    separation occurring prior to October 20, 1969, is increased by
    $240 per annum.
      "(b) In lieu of any increase based on an increase under
    subsection (a) of this section, an annuity payable from the Central
    Intelligence Agency Retirement and Disability Fund to the surviving
    spouse of an annuitant, which is based on a separation occurring
    prior to October 20, 1969, shall be increased by $132 per annum.
      "(c) The monthly rate of an annuity resulting from an increase
    under this section shall be considered as the monthly rate of
    annuity payable under section 221(a) of the Central Intelligence
    Agency Retirement Act of 1964 for Certain Employees, as amended (78
    Stat. 1043; 50 U.S.C. 403 note) [section 221 of Pub. L. 88-643
    prior to enactment of Pub. L. 102-496; see 50 U.S.C. 2031(a)] for
    purposes of computing the minimum annuity under new section 221(l)
    of the Act, as added by section 204 of this Act."

       TEMPORARY RETIREMENT CONTRIBUTIONS AND PROCEDURES FOR CERTAIN
                               PARTICIPANTS
      For temporary provisions providing modified contributions and
    procedures for officers and employees participating in the Central
    Intelligence Agency Retirement and Disability System who are also
    required to pay employment taxes relating to benefits under title
    II of the Social Security Act, 42 U.S.C. 401 et seq., until they
    are covered by a new Government retirement system or Jan. 1, 1986,
    whichever is earlier, see title II of Pub. L. 98-168, set out as a
    note under section 8331 of Title 5, Government Organization and
    Employees.

              CONTINGENT ONCE-A-YEAR ADJUSTMENT IN ANNUITIES          
      For provisions which directed the President, subject to certain
    conditions, to provide for a single cost-of-living adjustment in
    the annuities paid under the Central Intelligence Agency Retirement
    Act of 1964 for Certain Employees [Pub. L. 88-643] during the
    period Sept. 1, 1980, to Aug. 31, 1981, and which further directed
    that, subject to the enactment of specified legislation providing
    for the adjustment of annuities paid under section 8331 et seq. of
    Title 5, Government Organization and Employees, the President
    exercise the authority vested in him under section 292 of the
    Central Intelligence Agency Retirement Act of 1964 for Certain
    Employees [Pub. L. 88-643] to provide for cost-of-living
    adjustments in the annuities paid under that Act on an identical
    basis, see Pub. L. 96-342, title VIII, Sec. 812(a)(3), (4), (b)(3),
    (4), (c), Sept. 8, 1980, 94 Stat. 1098, set out as a note under
    section 1401a of Title 10, Armed Forces.

-EXEC-
                         EXECUTIVE ORDER NO. 11950                     
      Ex. Ord. No. 11950, Jan. 6, 1977, 42 F.R. 1451, conformed Central
    Intelligence Agency and Civil Service Retirement and Disability
    Systems with respect to cost of living increases in annuities when
    there were increases in the price index.

                         EXECUTIVE ORDER NO. 12023                     
      Ex. Ord. No. 12023, Dec. 1, 1977, 42 F.R. 61443, conformed
    Central Intelligence Agency and Civil Service Retirement and
    Disability Systems with regard to allotments or assignments of
    moneys by annuitants.

                         EXECUTIVE ORDER NO. 12197                     
      Ex. Ord. No. 12197, Mar. 5, 1980, 45 F.R. 14833, conformed
    Central Intelligence Agency Retirement and Disability System to
    amendments to Civil Service Retirement and Disability System with
    regard to restoration of previously reduced annuities.

                         EXECUTIVE ORDER NO. 12253                     
      Ex. Ord. No. 12253, Nov. 25, 1980, 45 F.R. 78995, conformed
    Central Intelligence Agency and Civil Service Retirement and
    Disability Systems with regard to definition of "dependent".

                         EXECUTIVE ORDER NO. 12273                     
      Ex. Ord. No. 12273, Jan. 16, 1981, 46 F.R. 5854, conformed
    Central Intelligence Agency and Civil Service Retirement and
    Disability Systems with regard to cost-of-living increases to
    annuities.

                         EXECUTIVE ORDER NO. 12326                     
      Ex. Ord. No. 12326, Sept. 30, 1981, 46 F.R. 48889, as amended by
    Ex. Ord. No. 12443, Sept. 27, 1983, 48 F.R. 44751, conformed
    Central Intelligence Agency and Civil Service Retirement and
    Disability Systems with regard to notification of loss or reduction
    of survivor benefits, computation of annuities, cost-of-living
    increases, accuracy of information, and withholding of State income
    tax.

                         EXECUTIVE ORDER NO. 12443                     
      Ex. Ord. No. 12443, Sept. 27, 1983, 48 F.R. 44751, conformed
    Central Intelligence Agency and Civil Service Retirement and
    Disability Systems with regard to restoration of disability
    retirement annuities, entitlement to and computation and payment of
    annuities, accuracy of information, and adjustments in amounts.

                         EXECUTIVE ORDER NO. 12485                     
      Ex. Ord. No. 12485, July 13, 1984, 49 F.R. 28827, conformed
    Central Intelligence Agency Retirement and Disability System and
    Civil Service Retirement and Disability System with regard to prior
    service credit.

                         EXECUTIVE ORDER NO. 12684                     
      Ex. Ord. No. 12684, July 27, 1989, 54 F.R. 31643, conformed
    Central Intelligence Agency and Civil Service Retirement and
    Disability Systems with regard to considering part-time service in
    computing annuities and remarriage of surviving spouses.

-End-

-CITE-
    50 USC Sec. 2002                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER I - DEFINITIONS

-HEAD-
    Sec. 2002. Definitions relating to participants and annuitants

-STATUTE-
    (a) General definitions
      When used in subchapter II of this chapter:
      (1) Former participant
        The term "former participant" means a person who - 
          (A) while an employee of the Agency was a participant in the
        system; and
          (B) separates from the Agency without entitlement to
        immediate receipt of an annuity from the fund.
      (2) Retired participant
        The term "retired participant" means a person who - 
          (A) while an employee of the Agency was a participant in the
        system; and
          (B) is entitled to receive an annuity from the fund based
        upon such person's service as a participant.
      (3) Surviving spouse
        (A) In general
          The term "surviving spouse" means the surviving wife or
        husband of a participant or retired participant who (i) was
        married to the participant or retired participant for at least
        9 months immediately preceding the participant's or retired
        participant's death, or (ii) who is the parent of a child born
        of the marriage.
        (B) Treatment when participant dies less than 9 months after
          marriage
          In a case in which the participant or retired participant
        dies within the 9-month period beginning on the date of the
        marriage, the requirement under subparagraph (A)(i) that a
        marriage have a duration of at least 9 months immediately
        preceding the death of the participant or retired participant
        shall be treated as having been met if - 
            (i) the death of the participant or retired participant was
          accidental; or
            (ii) the surviving wife or husband had been previously
          married to the participant or retired participant (and
          subsequently divorced) and the aggregate time married is at
          least 9 months.
      (4) Former spouse
        The term "former spouse" means a former wife or husband of a
      participant, former participant, or retired participant as
      follows:
        (A) Divorces on or before December 4, 1991
          In the case of a divorce that became final on or before
        December 4, 1991, such term means a former wife or husband of a
        participant, former participant, or retired participant who was
        married to such participant for not less than 10 years during
        periods of the participant's creditable service, at least 5
        years of which were spent outside the United States by both
        such participant and former wife or husband during the
        participant's service as an employee of the Agency.
        (B) Divorces after December 4, 1991
          In the case of a divorce that becomes final after December 4,
        1991, such term means a former wife or husband of a
        participant, former participant, or retired participant who was
        married to such participant for not less than 10 years during
        periods of the participant's creditable service, at least 5
        years of which were spent by the participant during the
        participant's service as an employee of the Agency (i) outside
        the United States, or (ii) otherwise in a position the duties
        of which qualified the participant for designation by the
        Director as a participant under section 2013 of this title.
        (C) Creditable service
          For purposes of subparagraphs (A) and (B), the term
        "creditable service" means all periods of a participant's
        service that are creditable under sections 2081, 2082, and 2083
        of this title.
      (5) Previous spouse
        The term "previous spouse" means an individual who was married
      for at least 9 months to a participant, former participant, or
      retired participant who had at least 18 months of service which
      are creditable under sections 2081, 2082, and 2083 of this title.
      (6) Spousal agreement
        The term "spousal agreement" means an agreement between a
      participant, former participant, or retired participant and the
      participant, former participant, or retired participant's spouse
      or former spouse that - 
          (A) is in writing, is signed by the parties, and is
        notarized;
          (B) has not been modified by court order; and
          (C) has been authenticated by the Director.
      (7) Court order
        The term "court order" means - 
          (A) a court decree of divorce, annulment, or legal
        separation; or
          (B) a court order or court-approved property settlement
        agreement incident to such court decree of divorce, annulment,
        or legal separation.
      (8) Court
        The term "court" means a court of a State, the District of
      Columbia, the Commonwealth of Puerto Rico, Guam, the Northern
      Mariana Islands, or the Virgin Islands, and any Indian court.
    (b) "Child" defined
      For purposes of sections 2031 and 2052 of this title:
      (1) In general
        The term "child" means any of the following:
        (A) Minor children
          An unmarried dependent child under 18 years of age, including
        - 
            (i) an adopted child;
            (ii) a stepchild, but only if the stepchild lived with the
          participant or retired participant in a regular parent-child
          relationship;
            (iii) a recognized natural child; and
            (iv) a child who lived with the participant, for whom a
          petition of adoption was filed by the participant or retired
          participant, and who is adopted by the surviving spouse after
          the death of the participant or retired participant.
        (B) Disabled adult children
          An unmarried dependent child, regardless of age, who is
        incapable of self-support because of a physical or mental
        disability incurred before age 18.
        (C) Students
          An unmarried dependent child between 18 and 22 years of age
        who is a student regularly pursuing a full-time course of study
        or training in residence in a high school, trade school,
        technical or vocational institute, junior college, college,
        university, or comparable recognized educational institution.
      (2) Special rules for students
        (A) Extension of age termination of status as "child"
          For purposes of this subsection, a child whose 22nd birthday
        occurs before July 1 or after August 31 of a calendar year, and
        while regularly pursuing such a course of study or training,
        shall be treated as having attained the age of 22 on the first
        day of July following that birthday.
        (B) Treatment of interim period between school years
          A child who is a student is deemed not to have ceased to be a
        student during an interim between school years if the interim
        does not exceed 5 months and if the child shows to the
        satisfaction of the Director that the child has a bona fide
        intention of continuing to pursue a course of study or training
        in the same or different school during the school semester (or
        other period into which the school year is divided) immediately
        following the interim.
      (3) "Dependent" defined
        For purposes of this subsection, the term "dependent", with
      respect to the child of a participant or retired participant,
      means that the participant or retired participant was, at the
      time of the death of the participant or retired participant,
      either living with or contributing to the support of the child,
      as determined in accordance with regulations prescribed under
      subchapter II of this chapter.
      (4) Exclusion of stepchildren from lump-sum payment
        For purposes of section 2071(c) of this title, the term "child"
      includes an adopted child and a natural child, but does not
      include a stepchild.

-SOURCE-
    (Pub. L. 88-643, title I, Sec. 102, as added Pub. L. 102-496, title
    VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3198.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 111 of Pub. L. 88-643, title I, Oct. 13, 1964, 78
    Stat. 1043; Pub. L. 94-522, title I, Sec. 101, Oct. 17, 1976, 90
    Stat. 2467, provided definitions for Pub. L. 88-643 and was set out
    as a note under section 403 of this title prior to the general
    amendment of Pub. L. 88-643 by section 802 of Pub. L. 102-496.

-End-

-CITE-
    50 USC SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY
           RETIREMENT AND DISABILITY SYSTEM                01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
                     DISABILITY SYSTEM         

-HEAD-
        SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
                             DISABILITY SYSTEM

-End-

-CITE-
    50 USC Part A - Establishment of System                     01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
                     DISABILITY SYSTEM         
    Part A - Establishment of System

-HEAD-
                     PART A - ESTABLISHMENT OF SYSTEM                 

-End-

-CITE-
    50 USC Sec. 2011                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
                     DISABILITY SYSTEM         
    Part A - Establishment of System

-HEAD-
    Sec. 2011. CIARDS system

-STATUTE-
    (a) In general
      (1) Establishment of system
        There is a retirement and disability system for certain
      employees of the Central Intelligence Agency known as the Central
      Intelligence Agency Retirement and Disability System (hereinafter
      in this chapter referred to as the "system"), originally
      established pursuant to title II of the Central Intelligence
      Agency Retirement Act of 1964 for Certain Employees.
      (2) DCI regulations
        The Director shall prescribe regulations for the system. The
      Director shall submit any proposed regulations for the system to
      the congressional intelligence committees not less than 14 days
      before they take effect.
    (b) Administration of system
      The Director shall administer the system in accordance with
    regulations prescribed under this subchapter and with the
    principles established by this subchapter.
    (c) Finality of decisions of DCI
      In the interests of the security of the foreign intelligence
    activities of the United States and in order further to implement
    section 403-1(i) of this title that the Director of National
    Intelligence shall be responsible for protecting intelligence
    sources and methods from unauthorized disclosure, and
    notwithstanding the provisions of chapter 7 of title 5 or any other
    provision of law (except section 2155(b) of this title), any
    determination by the Director authorized by this chapter shall be
    final and conclusive and shall not be subject to review by any
    court.

-SOURCE-
    (Pub. L. 88-643, title II, Sec. 201, as added Pub. L. 102-496,
    title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3201; amended Pub.
    L. 103-178, title II, Sec. 202(a)(2), Dec. 3, 1993, 107 Stat. 2026;
    Pub. L. 105-272, title IV, Sec. 403(b), Oct. 20, 1998, 112 Stat.
    2404; Pub. L. 108-458, title I, Sec. 1072(c), Dec. 17, 2004, 118
    Stat. 3693.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Central Intelligence Agency Retirement Act of 1964 for
    Certain Employees, referred to in subsec. (a)(1), is Pub. L. 88-
    643, Oct. 13, 1964, 78 Stat. 1043, as amended, which was formerly
    set out as a note under section 403 of this title. Pub. L. 88-643
    was revised generally by Pub. L. 102-496, title VIII, Sec. 802,
    Oct. 24, 1992, 106 Stat. 3196, and is now known as the Central
    Intelligence Agency Retirement Act. As so revised, title II of Pub.
    L. 88-643 is classified generally to this subchapter.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 201 of Pub. L. 88-643, title II, Oct. 13, 1964,
    78 Stat. 1043; Pub. L. 98-618, title III, Sec. 302, Nov. 8, 1984,
    98 Stat. 3300; Pub. L. 99-335, title V, Sec. 501(1), June 6, 1986,
    100 Stat. 622, related to rules and regulations and was set out as
    a note under section 403 of this title prior to the general
    amendment of Pub. L. 88-643 by section 802 of Pub. L. 102-496.

                                AMENDMENTS                            
      2004 - Subsec. (c). Pub. L. 108-458 substituted "section 403-1(i)
    of this title that the Director of National Intelligence" for
    "paragraph (6) of section 403-3(c) of this title that the Director
    of Central Intelligence".
      1998 - Subsec. (c). Pub. L. 105-272 substituted "paragraph (6) of
    section 403-3(c) of this title" for "section 403-3(c)(5) of this
    title".
      1993 - Subsec. (c). Pub. L. 103-178 substituted "section 403-
    3(c)(5) of this title" for "the proviso of section 403(d)(3) of
    this title".

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of this title.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out in an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    this title.

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by Pub. L. 103-178 effective Feb. 1, 1993, see section
    202(b) of Pub. L. 103-178, set out as a note under section 2001 of
    this title.

-End-

-CITE-
    50 USC Sec. 2012                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
                     DISABILITY SYSTEM         
    Part A - Establishment of System

-HEAD-
    Sec. 2012. Central Intelligence Agency Retirement and Disability
      Fund

-STATUTE-
      The Director shall maintain the fund in the Treasury known as the
    "Central Intelligence Agency Retirement and Disability Fund"
    (hereinafter in this chapter referred to as the "fund"), originally
    created pursuant to title II of the Central Intelligence Agency
    Retirement Act of 1964 for Certain Employees.

-SOURCE-
    (Pub. L. 88-643, title II, Sec. 202, as added Pub. L. 102-496,
    title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3201.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Central Intelligence Agency Retirement Act of 1964 for
    Certain Employees, referred to in text, is Pub. L. 88-643, Oct. 13,
    1964, 78 Stat. 1043, as amended, which was formerly set out as a
    note under section 403 of this title. Pub. L. 88-643 was revised
    generally by Pub. L. 102-496, title VIII, Sec. 802, Oct. 24, 1992,
    106 Stat. 3196, and is now known as the Central Intelligence Agency
    Retirement Act. As so revised, title II of Pub. L. 88-643 is
    classified generally to this subchapter.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 202 of Pub. L. 88-643, title II, Oct. 13, 1964,
    78 Stat. 1043, related to establishment and maintenance of the
    Central Intelligence Agency Retirement and Disability Fund and was
    set out as a note under section 403 of this title prior to the
    general amendment of Pub. L. 88-643 by section 802 of Pub. L. 102-
    496.

-End-

-CITE-
    50 USC Sec. 2013                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
                     DISABILITY SYSTEM         
    Part A - Establishment of System

-HEAD-
    Sec. 2013. Participants in CIARDS system

-STATUTE-
    (a) Designation of participants
      The Director may from time to time designate employees of the
    Agency who shall be entitled to participate in the system.
    Employees so designated who elect to participate in the system are
    referred to in this chapter as "participants".
    (b) Qualifying service
      Designation of employees under this section may be made only from
    among employees of the Agency who have completed at least 5 years
    of qualifying service. For purposes of this chapter, qualifying
    service is service in the Agency performed in carrying out duties
    that are determined by the Director - 
        (1) to be in support of Agency activities abroad hazardous to
      life or health; or
        (2) to be so specialized because of security requirements as to
      be clearly distinguishable from normal government employment.
    (c) Election of employee to be participant
      (1) Permanence of election
        An employee of the Agency who elects to accept designation as a
      participant in the system shall remain a participant of the
      system for the duration of that individual's employment with the
      Agency.
      (2) Irrevocability of election
        Such an election shall be irrevocable except as and to the
      extent provided in section 2151(d) of this title.
      (3) Election not subject to approval
        An election under this section is not subject to review or
      approval by the Director.

-SOURCE-
    (Pub. L. 88-643, title II, Sec. 203, as added Pub. L. 102-496,
    title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3202.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 203 of Pub. L. 88-643, title II, Oct. 13, 1964,
    78 Stat. 1044; Pub. L. 102-88, title III, Sec. 303, Aug. 14, 1991,
    105 Stat. 431, related to participants in the system and was set
    out as a note under section 403 of this title prior to the general
    amendment of Pub. L. 88-643 by section 802 of Pub. L. 102-496.

-End-

-CITE-
    50 USC Sec. 2014                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
                     DISABILITY SYSTEM         
    Part A - Establishment of System

-HEAD-
    Sec. 2014. Annuitants

-STATUTE-
      Persons who are annuitants under the system are - 
        (1) those persons who, on the basis of their service in the
      Agency, have met all requirements for an annuity under this
      subchapter or any other Act and are receiving an annuity from the
      fund; and
        (2) those persons who, on the basis of someone else's service,
      meet all the requirements under this subchapter or any other Act
      for an annuity payable from the fund.

-SOURCE-
    (Pub. L. 88-643, title II, Sec. 204, as added Pub. L. 102-496,
    title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3202.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 204 of Pub. L. 88-643, title II, Oct. 13, 1964,
    78 Stat. 1044; Pub. L. 91-626, Sec. 1, Dec. 31, 1970, 84 Stat.
    1872; Pub. L. 94-552, title II, Sec. 201, Oct. 17, 1976, 90 Stat.
    2468; Pub. L. 97-269, title VI, Sec. 602, Sept. 27, 1982, 96 Stat.
    1145; Pub. L. 99-335, title V, Sec. 501(2), June 6, 1986, 100 Stat.
    622; Pub. L. 102-88, title III, Sec. 302, Aug. 14, 1991, 105 Stat.
    431; Pub. L. 102-183, title III, Secs. 302(c), 310(a), Dec. 4,
    1991, 105 Stat. 1263, 1266, related to annuitants under the system
    and was set out as a note under section 403 of this title prior to
    the general amendment of Pub. L. 88-643 by section 802 of Pub. L.
    102-496.

-End-

-CITE-
    50 USC Part B - Contributions                               01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
                     DISABILITY SYSTEM         
    Part B - Contributions

-HEAD-
                          PART B - CONTRIBUTIONS                      

-End-

-CITE-
    50 USC Sec. 2021                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
                     DISABILITY SYSTEM         
    Part B - Contributions

-HEAD-
    Sec. 2021. Contributions to fund

-STATUTE-
    (a) In general
      (1) Participant's contributions
        Except as provided in subsection (d) of this section, 7 percent
      of the basic pay received by a participant for any pay period
      shall be deducted and withheld from the pay of that participant
      and contributed to the fund.
      (2) Agency contributions
        An equal amount shall be contributed to the fund for that pay
      period from the appropriation or fund which is used for payment
      of the participant's basic pay.
      (3) Deposits to the fund
        The amounts deducted and withheld from basic pay, together with
      the amounts so contributed from the appropriation or fund, shall
      be deposited by the Director to the credit of the fund.
    (b) Consent of participant to deductions from pay
      Each participant shall be deemed to consent and agree to such
    deductions from basic pay, and payment less such deductions shall
    be a full and complete discharge and acquittance of all claims and
    demands whatsoever for all regular services during the period
    covered by such payment, except the right to the benefits to which
    the participant is entitled under this subchapter, notwithstanding
    any law, rule, or regulation affecting the individual's pay.
    (c) Treatment of contributions after 35 years of service
      (1) Accrual of interest
        Amounts deducted and withheld from the basic pay of a
      participant under this section for pay periods after the first
      day of the first pay period beginning after the day on which the
      participant completes 35 years of creditable service computed
      under sections 2081 and 2082 of this title (excluding service
      credit for unused sick leave under section 2031(a)(2) of this
      title) shall accrue interest. Such interest shall accrue at the
      rate of 3 percent a year through December 31, 1984, and
      thereafter at the rate computed under section 8334(e) of title 5,
      and shall be compounded annually from the date on which the
      amount is so deducted and withheld until the date of the
      participant's retirement or death.
      (2) Use of amounts withheld after 35 years of service
        (A) Use for deposits due under section 2082(b)
          Amounts described in paragraph (1), including interest
        accrued on such amounts, shall be applied upon the
        participant's retirement or death toward any deposit due under
        section 2082(b) of this title.
        (B) Lump-sum payment
          Any balance of such amounts not so required for such a
        deposit shall be refunded to the participant in a lump sum
        after the participant's separation (or, in the event of a death
        in service, to a beneficiary in order of precedence specified
        in subsection (!1) 2071(c) of this title), subject to prior
        notification of a current spouse, if any, unless the
        participant establishes to the satisfaction of the Director, in
        accordance with regulations which the Director may prescribe,
        that the participant does not know, and has taken all
        reasonable steps to determine, the whereabouts of the current
        spouse.

        (C) Purchases of additional elective benefits
          In lieu of such a lump-sum payment, the participant may use
        such amounts - 
            (i) to purchase an additional annuity in accordance with
          section 2121 of this title; or
            (ii) provide any additional survivor benefit for a current
          or former spouse or spouses.
    (d) Offset for social security taxes
      (1) Persons covered
        In the case of a participant who was a participant subject to
      this subchapter before January 1, 1984, and whose service - 
          (A) is employment for the purposes of title II of the Social
        Security Act [42 U.S.C. 401 et seq.] and chapter 21 of title
        26, and
          (B) is not creditable service for any purpose under
        subchapter III of this chapter or chapter 84 of title 5,

      there shall be deducted and withheld from the basic pay of the
      participant under this section during any pay period only the
      amount computed under paragraph (2).
      (2) Reduction in contribution
        The amount deducted and withheld from the basic pay of a
      participant during any pay period pursuant to paragraph (1) shall
      be the excess of - 
          (A) the amount determined by multiplying the percent
        applicable to the participant under subsection (a) of this
        section by the basic pay payable to the participant for that
        pay period, over
          (B) the amount of the taxes deducted and withheld from such
        basic pay under section 3101(a) of title 26 (relating to old-
        age, survivors, and disability insurance) for that pay period.

-SOURCE-
    (Pub. L. 88-643, title II, Sec. 211, as added Pub. L. 102-496,
    title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3202; amended Pub.
    L. 103-178, title II, Sec. 202(a)(3), Dec. 3, 1993, 107 Stat.
    2026.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Social Security Act, referred to in subsec. (d)(1)(A), is act
    Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the
    Act is classified generally to subchapter II (Sec. 401 et seq.) of
    chapter 7 of Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see section 1305 of Title
    42 and Tables.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 211 of Pub. L. 88-643, title II, Oct. 13, 1964,
    78 Stat. 1045; Pub. L. 91-185, Sec. 1, Dec. 30, 1969, 83 Stat. 847;
    Pub. L. 97-269, title VI, Sec. 611, Sept. 27, 1982, 96 Stat. 1153;
    Pub. L. 99-335, title V, Secs. 501(2), 502, June 6, 1986, 100 Stat.
    622, 623; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095,
    related to compulsory contributions to the fund and was set out as
    a note under section 403 of this title prior to the general
    amendment of Pub. L. 88-643 by section 802 of Pub. L. 102-496.

                                AMENDMENTS                            
      1993 - Subsec. (c)(2)(B). Pub. L. 103-178 substituted "prior
    notification of a current spouse, if any, unless the participant
    establishes to the satisfaction of the Director, in accordance with
    regulations which the Director may prescribe, that the participant
    does not know, and has taken all reasonable steps to determine, the
    whereabouts of the current spouse" for "the requirement under
    section 2071(b)(4) of this title".

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by Pub. L. 103-178 effective Feb. 1, 1993, see section
    202(b) of Pub. L. 103-178, set out as a note under section 2001 of
    this title.

                TEMPORARY ADJUSTMENT OF CONTRIBUTION LEVELS            
      Pub. L. 106-346, Sec. 101(a) [title V, Sec. 505(g)], Oct. 23,
    2000, 114 Stat. 1356, 1356A-54, provided that: "Notwithstanding
    section 211(a)(2) of the Central Intelligence Agency Retirement Act
    (50 U.S.C. 2021(a)(2)), during the period beginning on October 1,
    2002, through December 31, 2002, the Central Intelligence Agency
    shall contribute 7.5 percent of the basic pay of an employee
    participating in the Central Intelligence Agency Retirement and
    Disability System in lieu of the agency contribution otherwise
    required under section 211(a)(2) of such Act."
      Pub. L. 105-33, title VII, Sec. 7001(c)(1), (2), Aug. 5, 1997,
    111 Stat. 658, as amended by Pub. L. 106-346, Sec. 101(a) [title V,
    Sec. 505(c)(1)], Oct. 23, 2000, 114 Stat. 1356, 1356A-53, provided
    that:
      "(1) Agency contributions. - Notwithstanding section 211(a)(2) of
    the Central Intelligence Agency Retirement Act (50 U.S.C.
    2021(a)(2)), during the period beginning on October 1, 1997,
    through September 30, 2002, the Central Intelligence Agency shall
    contribute 8.51 percent of the basic pay of an employee
    participating in the Central Intelligence Agency Retirement and
    Disability System in lieu of the agency contribution otherwise
    required under section 211(a)(2) of such Act.
      "(2) Individual deductions, withholdings, and deposits. -
    Notwithstanding section 211(a)(1) of the Central Intelligence
    Agency Retirement Act (50 U.S.C. 2021(a)(1)) beginning on January
    1, 1999, through December 31, 2000, the percentage deducted and
    withheld from the basic pay of an employee participating in the
    Central Intelligence Agency Retirement and Disability System shall
    be as follows:

                       7.25            January 1, 1999, to December 31, 
                                        1999.                           
                       7.4             January 1, 2000, to December 31, 
                                        2000."                          
    --------------------------------------------------------------------

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

-End-

-CITE-
    50 USC Part C - Computation of Annuities                    01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
                     DISABILITY SYSTEM         
    Part C - Computation of Annuities

-HEAD-
                     PART C - COMPUTATION OF ANNUITIES                 

-End-

-CITE-
    50 USC Sec. 2031                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
                     DISABILITY SYSTEM         
    Part C - Computation of Annuities

-HEAD-
    Sec. 2031. Computation of annuities

-STATUTE-
    (a) Annuity of participant
      (1) Computation of annuity
        The annuity of a participant is the product of - 
          (A) the participant's high-3 average pay (as defined in
        paragraph (4)); and
          (B) the number of years, not exceeding 35, of service credit
        (determined in accordance with sections 2081 and 2082 of this
        title) multiplied by 2 percent.
      (2) Credit for unused sick leave
        The total service of a participant who retires on an immediate
      annuity (except under section 2051 of this title) or who dies
      leaving a survivor or survivors entitled to an annuity shall
      include (without regard to the 35-year limitation prescribed in
      paragraph (1)) the days of unused sick leave to the credit of the
      participant. Days of unused sick leave may not be counted in
      determining average basic pay or eligibility for an annuity under
      this subchapter. A deposit shall not be required for days of
      unused sick leave credited under this paragraph.
      (3) Crediting of part-time service
        (A) In general
          In the case of a participant whose service includes service
        on a part-time basis performed after April 6, 1986, the
        participant's annuity shall be the sum of the amounts
        determined under subparagraphs (B) and (C).
        (B) Computation of pre-April 7, 1986, annuity
          The portion of an annuity referred to in subparagraph (A)
        with respect to service before April 7, 1986, shall be the
        amount computed under paragraph (1) using the participant's
        length of service before that date (increased by the unused
        sick leave to the credit of the participant at the time of
        retirement) and the participant's high-3 average pay.
        (C) Computation of post-April 6, 1986, annuity
          The portion of an annuity referred to in subparagraph (A)
        with respect to service after April 6, 1986, shall be the
        product of - 
            (i) the amount computed under paragraph (1), using the
          participant's length of service after that date and the
          participant's high-3 average pay, as determined by using the
          annual rate of basic pay that would be payable for full-time
          service; and
            (ii) the ratio which the participant's actual service after
          April 6, 1986 (as determined by prorating the participant's
          total service after that date to reflect the service that was
          performed on a part-time basis) bears to the total service
          after that date that would be creditable for the participant
          if all the service had been performed on a full-time basis.
        (D) Treatment of employment on temporary or intermittent basis
          Employment on a temporary or intermittent basis shall not be
        considered to be service on a part-time basis for purposes of
        this paragraph.
      (4) High-3 average pay defined
        For purposes of this subsection, a participant's high-3 average
      pay is the amount of the participant's average basic pay for the
      highest 3 consecutive years of the participant's service for
      which full contributions have been made to the fund.
      (5) Computation of service
        In determining the aggregate period of service upon which an
      annuity is to be based, any fractional part of a month shall not
      be counted.
    (b) Spouse or former spouse survivor annuity
      (1) Reduction in participant's annuity to provide spouse or
        former spouse survivor annuity
        (A) General rule
          Except to the extent provided otherwise under a written
        election under subparagraph (B) or (C), if at the time of
        retirement a participant or former participant is married (or
        has a former spouse who has not remarried before attaining age
        55), the participant shall receive a reduced annuity and
        provide a survivor annuity for the participant's spouse under
        this subsection or former spouse under section 2032(b) of this
        title, or a combination of such annuities, as the case may be.
        (B) Joint election for waiver or reduction of spouse survivor
          annuity
          A married participant or former participant and the
        participant's spouse may jointly elect in writing at the time
        of retirement to waive a survivor annuity for that spouse under
        this section or to reduce such survivor annuity under this
        section by designating a portion of the annuity of the
        participant as the base for the survivor annuity. If the
        marriage is dissolved following an election for such a reduced
        annuity and the spouse qualifies as a former spouse, the base
        used in calculating any annuity of the former spouse under
        section 2032(b) of this title may not exceed the portion of the
        participant's annuity designated under this subparagraph.
        (C) Joint election of participant and former spouse
          If a participant or former participant has a former spouse,
        such participant and the participant's former spouse may
        jointly elect by spousal agreement under section 2094(b) of
        this title to waive, reduce, or increase a survivor annuity
        under section 2032(b) of this title for that former spouse. Any
        such election must be made (i) before the end of the 12-month
        period beginning on the date on which the divorce or annulment
        involving that former spouse becomes final, or (ii) at the time
        of retirement of the participant, whichever is later.
        (D) Unilateral elections in absence of spouse or former spouse
          The Director may prescribe regulations under which a
        participant or former participant may make an election under
        subparagraph (B) or (C) without the participant's spouse or
        former spouse if the participant establishes to the
        satisfaction of the Director that the participant does not
        know, and has taken all reasonable steps to determine, the
        whereabouts of the spouse or former spouse.
      (2) Amount of reduction in participant's annuity
        The annuity of a participant or former participant providing a
      survivor annuity under this section (or section 2032(b) of this
      title), excluding any portion of the annuity not designated or
      committed as a base for any survivor annuity, shall be reduced by
      2 1/2  percent of the first $3,600 plus 10 percent of any amount
      over $3,600. The reduction under this paragraph shall be
      calculated before any reduction under section 2032(a)(5) of this
      title.
      (3) Amount of surviving spouse annuity
        (A) In general
          If a retired participant receiving a reduced annuity under
        this subsection dies and is survived by a spouse, a survivor
        annuity shall be paid to the surviving spouse. The amount of
        the annuity shall be equal to 55 percent of (i) the full amount
        of the participant's annuity computed under subsection (a) of
        this section, or (ii) any lesser amount elected as the base for
        the survivor annuity under paragraph (1)(B).
        (B) Limitation
          Notwithstanding subparagraph (A), the amount of the annuity
        calculated under subparagraph (A) for a surviving spouse in any
        case in which there is also a surviving former spouse of the
        retired participant who qualifies for an annuity under section
        2032(b) of this title may not exceed 55 percent of the portion
        (if any) of the base for survivor annuities which remains
        available under section 2032(b)(4)(B) of this title.
        (C) Effective date and termination of annuity
          An annuity payable from the fund to a surviving spouse under
        this paragraph shall commence on the day after the retired
        participant dies and shall terminate on the last day of the
        month before the surviving spouse's death or remarriage before
        attaining age 55. If such survivor annuity is terminated
        because of remarriage, it shall be restored at the same rate
        commencing on the date such remarriage is dissolved by death,
        annulment, or divorce if any lump sum paid upon termination of
        the annuity is returned to the fund.
    (c) 18-month open period after retirement to provide spouse
      coverage
      (1) Survivor annuity elections
        (A) Election when spouse coverage waived at time of retirement
          A participant or former participant who retires after March
        31, 1992 and who - 
            (i) is married at the time of retirement; and
            (ii) elects at that time (in accordance with subsection (b)
          of this section) to waive a survivor annuity for the spouse,

        may, during the 18-month period beginning on the date of the
        retirement of the participant, elect to have a reduction under
        subsection (b) of this section made in the annuity of the
        participant (or in such portion thereof as the participant may
        designate) in order to provide a survivor annuity for the
        participant's spouse.
        (B) Election when reduced spouse annuity elected
          A participant or former participant who retires after March
        31, 1992, and - 
            (i) who, at the time of retirement, is married, and
            (ii) who, at that time designates (in accordance with
          subsection (b) of this section) that a portion of the annuity
          of such participant is to be used as the base for a survivor
          annuity,

        may, during the 18-month period beginning on the date of the
        retirement of such participant, elect to have a greater portion
        of the annuity of such participant so used.
      (2) Deposit required
        (A) Requirement
          An election under paragraph (1) shall not be effective unless
        the amount specified in subparagraph (B) is deposited into the
        fund before the end of that 18-month period.
        (B) Amount of deposit
          The amount to be deposited with respect to an election under
        this subsection is the amount equal to the sum of the
        following:
          (i) Additional cost to system
            The additional cost to the system that is associated with
          providing a survivor annuity under subsection (b) of this
          section and that results from such election, taking into
          account - 
              (I) the difference (for the period between the date on
            which the annuity of the participant or former participant
            commences and the date of the election) between the amount
            paid to such participant or former participant under this
            subchapter and the amount which would have been paid if
            such election had been made at the time the participant or
            former participant applied for the annuity; and
              (II) the costs associated with providing for the later
            election.
          (ii) Interest
            Interest on the additional cost determined under clause
          (i), computed using the interest rate specified or determined
          under section 8334(e) of title 5 for the calendar year in
          which the amount to be deposited is determined.
      (3) Voiding of previous elections
        An election by a participant or former participant under this
      subsection voids prospectively any election previously made in
      the case of such participant under subsection (b) of this
      section.
      (4) Reductions in annuity
        An annuity that is reduced in connection with an election under
      this subsection shall be reduced by the same percentage
      reductions as were in effect at the time of the retirement of the
      participant or former participant whose annuity is so reduced.
      (5) Rights and obligations resulting from reduced annuity
        election
        Rights and obligations resulting from the election of a reduced
      annuity under this subsection shall be the same as the rights and
      obligations that would have resulted had the participant involved
      elected such annuity at the time of retirement.
    (d) Annuities for surviving children
      (1) Participants dying before April 1, 1992
        In the case of a retired participant who died before April 1,
      1992, and who is survived by a child or children - 
          (A) if the retired participant was survived by a spouse,
        there shall be paid from the fund to or on behalf of each such
        surviving child an annuity determined under paragraph (3)(A);
        and
          (B) if the retired participant was not survived by a spouse,
        there shall be paid from the fund to or on behalf of each such
        surviving child an annuity determined under paragraph (3)(B).
      (2) Participants dying on or after April 1, 1992
        In the case of a retired participant who dies on or after April
      1, 1992, and who is survived by a child or children - 
          (A) if the retired participant is survived by a spouse or
        former spouse who is the natural or adoptive parent of a
        surviving child of the participant, there shall be paid from
        the fund to or on behalf of each such surviving child an
        annuity determined under paragraph (3)(A); and
          (B) if the retired participant is not survived by a spouse or
        former spouse who is the natural or adoptive parent of a
        surviving child of the participant, there shall be paid to or
        on behalf of each such surviving child an annuity determined
        under paragraph (3)(B).
      (3) Amount of annuity
        (A) The annual amount of an annuity for the surviving child of
      a participant covered by paragraph (1)(A) or (2)(A) of this
      subsection (or covered by paragraph (1)(A) or (2)(A) of section
      2052(c) of this title) is the smallest of the following:
          (i) 60 percent of the participant's high-3 average pay, as
        determined under subsection (a)(4) of this section, divided by
        the number of children.
          (ii) $900, as adjusted under section 2131 of this title.
          (iii) $2,700, as adjusted under section 2131 of this title,
        divided by the number of children.

        (B) The amount of an annuity for the surviving child of a
      participant covered by paragraph (1)(B) or (2)(B) of this
      subsection (or covered by paragraph (1)(B) or (2)(B) of section
      2052(c) of this title) is the smallest of the following:
          (i) 75 percent of the participant's high-3 average pay, as
        determined under subsection (a)(4) of this section, divided by
        the number of children.
          (ii) $1,080, as adjusted under section 2131 of this title.
          (iii) $3,240, as adjusted under section 2131 of this title,
        divided by the number of children.
      (4) Recomputation of child annuities
        (A) In the case of a child annuity payable under paragraph (1),
      upon the death of a surviving spouse or the termination of the
      annuity of a child, the annuities of any remaining children shall
      be recomputed and paid as though the spouse or child had not
      survived the retired participant.
        (B) In the case of a child annuity payable under paragraph (2),
      upon the death of a surviving spouse or former spouse or
      termination of the annuity of a child, the annuities of any
      remaining children shall be recomputed and paid as though the
      spouse, former spouse, or child had not survived the retired
      participant. If the annuity of a surviving child who has not been
      receiving an annuity is initiated or resumed, the annuities of
      any other children shall be recomputed and paid from that date as
      though the annuities of all currently eligible children were then
      being initiated.
      (5) "Former spouse" defined
        For purposes of this subsection, the term "former spouse"
      includes any former wife or husband of the retired participant,
      regardless of the length of marriage or the amount of creditable
      service completed by the participant.
    (e) Commencement and termination of child annuities
      (1) Commencement
        An annuity payable to a child under subsection (d) of this
      section, or under section 2052(c) of this title, shall begin on
      the day after the date on which the participant or retired
      participant dies or, in the case of an individual over the age of
      18 who is not a child within the meaning of section 2002(b) of
      this title, shall begin or resume on the first day of the month
      in which the individual later becomes or again becomes a student
      as described in section 2002(b) of this title. Such annuity may
      not commence until any lump-sum that has been paid is returned to
      the fund.
      (2) Termination
        Such an annuity shall terminate on the last day of the month
      before the month in which the recipient of the annuity dies or no
      longer qualifies as a child (as defined in section 2002(b) of
      this title).
    (f) Participants not married at time of retirement
      (1) Designation of persons with insurable interest
        (A) Authority to make designation
          Subject to the rights of former spouses under subsection (b)
        of this section and section 2032 of this title, at the time of
        retirement an unmarried participant found by the Director to be
        in good health may elect to receive an annuity reduced in
        accordance with subparagraph (B) and designate in writing an
        individual having an insurable interest in the participant to
        receive an annuity under the system after the participant's
        death. The amount of such an annuity shall be equal to 55
        percent of the participant's reduced annuity.
        (B) Reduction in participant's annuity
          The annuity payable to the participant making such election
        shall be reduced by 10 percent of an annuity computed under
        subsection (a) of this section and by an additional 5 percent
        for each full 5 years the designated individual is younger than
        the participant. The total reduction under this subparagraph
        may not exceed 40 percent.
        (C) Commencement of survivor annuity
          The annuity payable to the designated individual shall begin
        on the day after the retired participant dies and terminate on
        the last day of the month before the designated individual
        dies.
        (D) Recomputation of participant's annuity on death of
          designated individual
          An annuity which is reduced under this paragraph shall,
        effective the first day of the month following the death of the
        designated individual, be recomputed and paid as if the annuity
        had not been so reduced.
      (2) Election of survivor annuity upon subsequent marriage
        A participant who is unmarried at the time of retirement and
      who later marries may irrevocably elect, in a signed writing
      received by the Director within one year after the marriage, to
      receive a reduced annuity as provided in subsection (b) of this
      section. Such election and reduction shall be effective on the
      first day of the month beginning 9 months after the date of
      marriage. The election voids prospectively any election
      previously made under paragraph (1).
    (g) Effect of divorce after retirement
      (1) Recomputation of retired participant's annuity upon divorce
        An annuity which is reduced under this section (or any similar
      prior provision of law) to provide a survivor annuity for a
      spouse shall, if the marriage of the retired participant to such
      spouse is dissolved, be recomputed and paid for each full month
      during which a retired participant is not married (or is
      remarried, if there is no election in effect under paragraph (2))
      as if the annuity had not been so reduced, subject to any
      reduction required to provide a survivor annuity under subsection
      (b) or (c) of section 2032 of this title or under section 2036 of
      this title.
      (2) Election of survivor annuity upon subsequent remarriage
        (A) In general
          Upon remarriage, the retired participant may irrevocably
        elect, by means of a signed writing received by the Director
        within one year after such remarriage, to receive a reduced
        annuity for the purpose of providing an annuity for the new
        spouse of the retired participant in the event such spouse
        survives the retired participant. Such reduction shall be equal
        to the reduction in effect immediately before the dissolution
        of the previous marriage (unless such reduction is adjusted
        under section 2032(b)(5) of this title or elected under
        subparagraph (B)).
        (B) When annuity previously not (or not fully) reduced
          (i) Election
            If the retired participant's annuity was not reduced (or
          was not fully reduced) to provide a survivor annuity for the
          participant's spouse or former spouse as of the time of
          retirement, the retired participant may make an election
          under the first sentence of subparagraph (A) upon remarriage
          to a spouse other than the spouse at the time of retirement.
          For any remarriage that occurred before August 14, 1991, the
          retired participant may make such an election within 2 years
          after such date.
          (ii) Deposit required
            (I) The retired participant shall, within one year after
          the date of the remarriage (or by August 14, 1993 for any
          remarriage that occurred before August 14, 1991), deposit in
          the fund an amount determined by the Director, as nearly as
          may be administratively feasible, to reflect the amount by
          which the retired participant's annuity would have been
          reduced if the election had been in effect since the date the
          annuity commenced, plus interest.
            (II) The annual rate of interest for each year during which
          the retired participant's annuity would have been reduced if
          the election had been in effect since the date the annuity
          commenced shall be 6 percent.
            (III) If the retired participant does not make the deposit,
          the Director shall collect such amount by offset against the
          participant's annuity, up to a maximum of 25 percent of the
          net annuity otherwise payable to the retired participant, and
          the retired participant is deemed to consent to such offset.
            (IV) The deposit required by this subparagraph may be made
          by the surviving spouse of the retired participant.
        (C) Effects of election
          An election under this paragraph and the reduction in the
        participant's annuity shall be effective on the first day of
        the month beginning 9 months after the date of remarriage. A
        survivor annuity elected under this paragraph shall be treated
        in all respects as a survivor annuity under subsection (b) of
        this section.
    (h) Coordination of annuities
      (1) Surviving spouse
        A surviving spouse whose survivor annuity was terminated
      because of remarriage before attaining age 55 shall not be
      entitled under subsection (b)(3)(C) of this section to the
      restoration of that survivor annuity payable from the fund unless
      the surviving spouse elects to receive it instead of any other
      survivor annuity to which the surviving spouse may be entitled
      under the system or any other retirement system for Government
      employees by reason of the remarriage.
      (2) Former spouse
        A surviving former spouse of a participant or retired
      participant shall not become entitled under section 2032(b) or
      2034 of this title to a survivor annuity or to the restoration of
      a survivor annuity payable from the fund unless the surviving
      former spouse elects to receive it instead of any other survivor
      annuity to which the surviving former spouse may be entitled
      under this or any other retirement system for Government
      employees on the basis of a marriage to someone other than the
      participant.
      (3) Surviving spouse of post-retirement marriage
        A surviving spouse who married a participant after the
      participant's retirement shall be entitled to a survivor annuity
      payable from the fund only upon electing that annuity instead of
      any other survivor annuity to which the surviving spouse may be
      entitled under this or any other retirement system for Government
      employees on the basis of a marriage to someone other than the
      retired participant.
    (i) Supplemental survivor annuities
      (1) Spouse of recalled annuitant
        A married recalled annuitant who reverts to retired status with
      entitlement to a supplemental annuity under section 2111(b) of
      this title shall, unless the annuitant and the annuitant's spouse
      jointly elect in writing to the contrary at the time of reversion
      to retired status, have the supplemental annuity reduced by 10
      percent to provide a supplemental survivor annuity for the
      annuitant's spouse. Such supplemental survivor annuity shall be
      equal to 55 percent of the supplemental annuity of the annuitant.
      (2) Regulations
        The Director shall prescribe regulations to provide for the
      application of paragraph (1) of this subsection and of subsection
      (b) of section 2111 of this title in any case in which an
      annuitant has a former spouse who was married to the recalled
      annuitant at any time during the period of recall service and who
      qualifies for an annuity under section 2032(b) of this title.
    (j) Offset of annuities by amount of social security benefit
      Notwithstanding any other provision of this subchapter, an
    annuity (including a disability annuity) payable under this
    subchapter to an individual described in sections 2021(d)(1) and
    2151(c)(1) of this title and any survivor annuity payable under
    this subchapter on the basis of the service of such individual
    shall be reduced in a manner consistent with section 8349 of title
    5, under conditions consistent with the conditions prescribed in
    that section.
    (k) Information from other agencies
      (1) Other agencies
        For the purpose of ensuring the accuracy of the information
      used in the determination of eligibility for and the computation
      of annuities payable from the fund under this subchapter, at the
      request of the Director - 
          (A) the Secretary of Defense shall provide information on
        retired or retainer pay paid under title 10;
          (B) the Secretary of Veterans Affairs shall provide
        information on pensions or compensation paid under title 38;
          (C) the Secretary of Health and Human Services shall provide
        information contained in the records of the Social Security
        Administration; and
          (D) the Secretary of Labor shall provide information on
        benefits paid under subchapter I of chapter 81 of title 5.
      (2) Limitation on information requested
        The Director shall request only such information as the
      Director determines is necessary.
      (3) Limitation on uses of information
        The Director, in consultation with the officials from whom
      information is requested, shall ensure that information made
      available under this subsection is used only for the purposes
      authorized.
    (l) Information on rights under system
      The Director shall, on an annual basis - 
        (1) inform each retired participant of the participant's right
      of election under subsections (c), (f)(2), and (g) of this
      section; and
        (2) to the maximum extent practicable, inform spouses and
      former spouses of participants, former participants, and retired
      participants of their rights under this chapter.

-SOURCE-
    (Pub. L. 88-643, title II, Sec. 221, as added Pub. L. 102-496,
    title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3204; amended Pub.
    L. 103-178, title II, Sec. 202(a)(4), Dec. 3, 1993, 107 Stat.
    2026.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 221 of Pub. L. 88-643, title II, Oct. 13, 1964,
    78 Stat. 1045; Pub. L. 91-185, Sec. 2, Dec. 30, 1969, 83 Stat. 847;
    Pub. L. 91-626, Secs. 2, 3, Dec. 31, 1970, 84 Stat. 1872; Pub. L.
    94-522, title II, Secs. 202-204, Oct. 17, 1976, 90 Stat. 2468,
    2469; Ex. Ord. No. 12326, Secs. 1, 3, 6, Sept. 30, 1981, 46 F.R.
    48889, 48890; Pub. L. 97-269, title VI, Secs. 603-605, 610, Sept.
    27, 1982, 96 Stat. 1146, 1147, 1153; Ex. Ord. No. 12443, Secs. 4,
    7, 8, Sept. 27, 1983, 48 F.R. 44752; Pub. L. 99-335, title V, Secs.
    501(2), (3), 503, June 6, 1986, 100 Stat. 622, 623; Pub. L. 100-
    178, title IV, Sec. 402(b)(1), Dec. 2, 1987, 101 Stat. 1014; Pub.
    L. 100-453, title III, Sec. 302(d)(1), (2), Sept. 29, 1988, 102
    Stat. 1907; Pub. L. 102-88, title III, Secs. 304(a), 305(a)(1),
    306, Aug. 14, 1991, 105 Stat. 431, 432; Pub. L. 102-183, title III,
    Secs. 302(a), 303(a), Dec. 4, 1991, 105 Stat. 1262, 1263, related
    to computation of annuities for other than former spouses and was
    set out as a note under section 403 of this title prior to the
    general amendment of Pub. L. 88-643 by section 802 of Pub. L. 102-
    496.

                                AMENDMENTS                            
      1993 - Subsec. (a)(4). Pub. L. 103-178, Sec. 202(a)(4)(A), struck
    out "(or, in the case of an annuity computed under section 2052 of
    this title and based on less than 3 years, over the total service)"
    after "years of the participant's service".
      Subsec. (f)(1)(A). Pub. L. 103-178, Sec. 202(a)(4)(B), inserted
    "after the participant's death" after "under the system" and struck
    out "after the participant's death" after "participant's reduced
    annuity".
      Subsec. (g)(1). Pub. L. 103-178, Sec. 202(a)(4)(C), substituted
    "(or is remarried, if" for "(or is remarried if".
      Subsec. (j). Pub. L. 103-178, Sec. 202(a)(4)(D), struck out
    "(except as provided in paragraph (2))" after "individual shall be
    reduced".

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by Pub. L. 103-178 effective Feb. 1, 1993, see section
    202(b) of Pub. L. 103-178, set out as a note under section 2001 of
    this title.

-End-

-CITE-
    50 USC Sec. 2032                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
                     DISABILITY SYSTEM         
    Part C - Computation of Annuities

-HEAD-
    Sec. 2032. Annuities for former spouses

-STATUTE-
    (a) Former spouse share of participant's annuity
      (1) Pro rata share
        Unless otherwise expressly provided by a spousal agreement or
      court order under section 2094(b) of this title, a former spouse
      of a participant, former participant, or retired participant is
      entitled to an annuity - 
          (A) if married to the participant, former participant, or
        retired participant throughout the creditable service of the
        participant, equal to 50 percent of the annuity of the
        participant; or
          (B) if not married to the participant throughout such
        creditable service, equal to that proportion of 50 percent of
        such annuity that is the proportion that the number of days of
        the marriage of the former spouse to the participant during
        periods of creditable service of such participant under this
        subchapter bears to the total number of days of such creditable
        service.
      (2) Disqualification upon remarriage before age 55
        A former spouse is not qualified for an annuity under this
      subsection if before the commencement of that annuity the former
      spouse remarries before becoming 55 years of age.
      (3) Commencement of annuity
        The annuity of a former spouse under this subsection commences
      on the day the participant upon whose service the annuity is
      based becomes entitled to an annuity under this subchapter or on
      the first day of the month after the divorce or annulment
      involved becomes final, whichever is later.
      (4) Termination of annuity
        The annuity of such former spouse and the right thereto
      terminate on - 
          (A) the last day of the month before the month in which the
        former spouse dies or remarries before 55 years of age; or
          (B) the date on which the annuity of the participant
        terminates (except in the case of an annuity subject to
        paragraph (5)(B)).
      (5) Treatment of participant's annuity
        (A) Reduction in participant's annuity
          The annuity payable to any participant shall be reduced by
        the amount of an annuity under this subsection paid to any
        former spouse based upon the service of that participant. Such
        reduction shall be disregarded in calculating - 
            (i) the survivor annuity for any spouse, former spouse, or
          other survivor under this subchapter; and
            (ii) any reduction in the annuity of the participant to
          provide survivor benefits under subsection (b) of this
          section or under section 2031(b) of this title.
        (B) Treatment when annuitant returns to service
          If an annuitant whose annuity is reduced under subparagraph
        (A) is recalled to service under section 2111 of this title, or
        reinstated or reappointed, in the case of a recovered
        disability annuitant, or if any annuitant is reemployed as
        provided for under sections 2112 and 2113 of this title, the
        pay of that annuitant shall be reduced by the same amount as
        the annuity would have been reduced if it had continued.
        Amounts equal to the reductions under this subparagraph shall
        be deposited in the Treasury of the United States to the credit
        of the fund.
      (6) Disability annuitant
        Notwithstanding paragraph (3), in the case of a former spouse
      of a disability annuitant - 
          (A) the annuity of that former spouse shall commence on the
        date on which the participant would qualify on the basis of the
        participant's creditable service for an annuity under this
        subchapter (other than a disability annuity) or the date on
        which the disability annuity begins, whichever is later, and
          (B) the amount of the annuity of the former spouse shall be
        calculated on the basis of the annuity for which the
        participant would otherwise so qualify.
      (7) Election of benefits
        A former spouse of a participant, former participant, or
      retired participant shall not become entitled under this
      subsection to an annuity payable from the fund unless the former
      spouse elects to receive it instead of any survivor annuity to
      which the former spouse may be entitled under this or any other
      retirement system for Government employees on the basis of a
      marriage to someone other than the participant.
      (8) Limitation in case of multiple former spouse annuities
        No spousal agreement or court order under section 2094(b) of
      this title involving a participant may provide for an annuity or
      a combination of annuities under this subsection that exceeds the
      annuity of the participant.
    (b) Former spouse survivor annuity
      (1) Pro rata share
        Subject to any election under section 2031(b)(1)(B) and (C) of
      this title and unless otherwise expressly provided by a spousal
      agreement or court order under section 2094(b) of this title, if
      an annuitant is survived by a former spouse, the former spouse
      shall be entitled - 
          (A) if married to the annuitant throughout the creditable
        service of the annuitant, to a survivor annuity equal to 55
        percent of the unreduced amount of the annuitant's annuity, as
        computed under section 2031(a) of this title; and
          (B) if not married to the annuitant throughout such
        creditable service, to a survivor annuity equal to that
        proportion of 55 percent of the unreduced amount of such
        annuity that is the proportion that the number of days of the
        marriage of the former spouse to the participant during periods
        of creditable service of such participant under this subchapter
        bears to the total number of days of such creditable service.
      (2) Disqualification upon remarriage before age 55
        A former spouse shall not be qualified for an annuity under
      this subsection if before the commencement of that annuity the
      former spouse remarries before becoming 55 years of age.
      (3) Commencement, termination, and restoration of annuity
        An annuity payable from the fund under this subchapter to a
      surviving former spouse under this subsection shall commence on
      the day after the annuitant dies and shall terminate on the last
      day of the month before the former spouse's death or remarriage
      before attaining age 55. If such a survivor annuity is terminated
      because of remarriage, it shall be restored at the same rate
      commencing on the date such remarriage is dissolved by death,
      annulment, or divorce if any lump sum paid upon termination of
      the annuity is returned to the fund.
      (4) Survivor annuity amount
        (A) Maximum amount
          The maximum survivor annuity or combination of survivor
        annuities under this subsection (and section 2031(b)(3) of this
        title) with respect to any participant may not exceed 55
        percent of the full amount of the participant's annuity, as
        calculated under section 2031(a) of this title.
        (B) Limitation on other survivor annuities based on service of
          same participant
          Once a survivor annuity has been provided under this
        subsection for any former spouse, a survivor annuity for
        another individual may thereafter be provided under this
        subsection (or section 2031(b)(3) of this title) with respect
        to the participant only for that portion (if any) of the
        maximum available which is not committed for survivor benefits
        for any former spouse whose prospective right to such annuity
        has not terminated by reason of death or remarriage.
        (C) Finality of court order upon death of participant
          After the death of a participant or retired participant, a
        court order under section 2094(b) of this title may not adjust
        the amount of the annuity of a former spouse of that
        participant or retired participant under this section.
      (5) Effect of termination of former spouse entitlement
        (A) Recomputation of participant's annuity
          If a former spouse of a retired participant dies or remarries
        before attaining age 55, the annuity of the retired
        participant, if reduced to provide a survivor annuity for that
        former spouse, shall be recomputed and paid, effective on the
        first day of the month beginning after such death or
        remarriage, as if the annuity had not been so reduced, unless
        an election is in effect under subparagraph (B).
        (B) Election of spouse annuity
          Subject to paragraph (4)(B), the participant may elect in
        writing within one year after receipt of notice of the death or
        remarriage of the former spouse to continue the reduction in
        order to provide a higher survivor annuity under section
        2031(b)(3) of this title for any spouse of the participant.
    (c) Optional additional survivor annuities for other former spouse
      or surviving spouse
      (1) In general
        In the case of any participant providing a survivor annuity
      under subsection (b) of this section for a former spouse - 
          (A) such participant may elect, or
          (B) a spousal agreement or court order under section 2094(b)
        of this title may provide for,

      an additional survivor annuity under this subsection for any
      other former spouse or spouse surviving the participant, if the
      participant satisfactorily passes a physical examination as
      prescribed by the Director.
      (2) Limitation
        Neither the total amount of survivor annuity or annuities under
      this subsection with respect to any participant, nor the survivor
      annuity or annuities for any one surviving spouse or former
      spouse of such participant under this section or section 2031 of
      this title, may exceed 55 percent of the unreduced amount of the
      participant's annuity, as computed under section 2031(a) of this
      title.
      (3) Contribution for additional annuities
        (A) Provision of additional survivor annuity
          In accordance with regulations which the Director shall
        prescribe, the participant involved may provide for any annuity
        under this subsection - 
            (i) by a reduction in the annuity or an allotment from the
          basic pay of the participant;
            (ii) by a lump-sum payment or installment payments to the
          fund; or
            (iii) by any combination thereof.
        (B) Actuarial equivalence to benefit
          The present value of the total amount to accrue to the fund
        under subparagraph (A) to provide any annuity under this
        subsection shall be actuarially equivalent in value to such
        annuity, as calculated upon such tables of mortality as may
        from time to time be prescribed for this purpose by the
        Director.
        (C) Effect of former spouse's death or disqualification
          If a former spouse predeceases the participant or remarries
        before attaining age 55 (or, in the case of a spouse, the
        spouse predeceases the participant or does not qualify as a
        former spouse upon dissolution of the marriage) - 
            (i) if an annuity reduction or pay allotment under
          subparagraph (A) is in effect for that spouse or former
          spouse, the annuity shall be recomputed and paid as if it had
          not been reduced or the pay allotment terminated, as the case
          may be; and
            (ii) any amount accruing to the fund under subparagraph (A)
          shall be refunded, but only to the extent that such amount
          may have exceeded the actuarial cost of providing benefits
          under this subsection for the period such benefits were
          provided, as determined under regulations prescribed by the
          Director.
        (D) Recomputation upon death or remarriage of former spouse
          Under regulations prescribed by the Director, an annuity
        shall be recomputed (or a pay allotment terminated or
        adjusted), and a refund provided (if appropriate), in a manner
        comparable to that provided under subparagraph (C), in order to
        reflect a termination or reduction of future benefits under
        this subsection for a spouse in the event a former spouse of
        the participant dies or remarries before attaining age 55 and
        an increased annuity is provided for that spouse in accordance
        with this section.
      (4) Commencement and termination of additional survivor annuity
        An annuity payable under this subsection to a spouse or former
      spouse shall commence on the day after the participant dies and
      shall terminate on the last day of the month before the spouse's
      or the former spouse's death or remarriage before attaining age
      55.
      (5) Nonapplicability of COLA provision
        Section 2131 of this title does not apply to an annuity under
      this subsection, unless authorized under regulations prescribed
      by the Director.

-SOURCE-
    (Pub. L. 88-643, title II, Sec. 222, as added Pub. L. 102-496,
    title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3212; amended Pub.
    L. 103-178, title II, Sec. 202(a)(5), Dec. 3, 1993, 107 Stat.
    2026.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 222 of Pub. L. 88-643, as added Pub. L. 97-269,
    title VI, Sec. 606, Sept. 27, 1982, 96 Stat. 1148; amended Pub. L.
    99-335, title V, Sec. 501(2), (3), June 6, 1986, 100 Stat. 622;
    Pub. L. 102-88, title III, Sec. 305(a)(2), Aug. 14, 1991, 105 Stat.
    432, related to computation of annuities for former spouses and was
    set out as a note under section 403 of this title prior to the
    general amendment of Pub. L. 88-643 by section 802 of Pub. L. 102-
    496.

                                AMENDMENTS                            
      1993 - Subsec. (a)(7). Pub. L. 103-178, Sec. 202(a)(5)(A),
    substituted "any survivor annuity" for "any other annuity".
      Subsec. (c)(3)(C). Pub. L. 103-178, Sec. 202(a)(5)(B), inserted
    "the participant" before "or does not qualify".
      Subsec. (c)(4). Pub. L. 103-178, Sec. 202(a)(5)(C), substituted
    "before the spouse's or the former spouse's death" for "before the
    former spouse's death".

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by Pub. L. 103-178 effective Feb. 1, 1993, see section
    202(b) of Pub. L. 103-178, set out as a note under section 2001 of
    this title.

       SURVIVOR ANNUITY, RETIREMENT ANNUITY, AND HEALTH BENEFITS FOR
       CERTAIN EX-SPOUSES OF CENTRAL INTELLIGENCE AGENCY EMPLOYEES;
                              EFFECTIVE DATE
      Section 203 of Pub. L. 103-178 provided that:
      "(a) Survivor Annuity. - 
        "(1) In general. - 
          "(A) Entitlement of former wife or husband. - Any person who
        was divorced on or before December 4, 1991, from a participant
        or retired participant in the Central Intelligence Agency
        Retirement and Disability System and who was married to such
        participant for not less than 10 years during such
        participant's creditable service, at least five years of which
        were spent by the participant during the participant's service
        as an employee of the Central Intelligence Agency outside the
        United States, or otherwise in a position the duties of which
        qualified the participant for designation by the Director of
        Central Intelligence as a participant under section 203 of the
        Central Intelligence Agency Retirement Act (50 U.S.C. 2013),
        shall be entitled, except to the extent such person is
        disqualified under paragraph (2), to a survivor annuity equal
        to 55 percent of the greater of - 
            "(i) the unreduced amount of the participant's annuity, as
          computed under section 221(a) of such Act [50 U.S.C.
          2031(a)]; or
            "(ii) the unreduced amount of what such annuity as so
          computed would be if the participant had not elected payment
          of the lump-sum credit under section 294 of such Act [50
          U.S.C. 2143].
          "(B) Reduction in survivor annuity. - A survivor annuity
        payable under this subsection shall be reduced by an amount
        equal to any survivor annuity payments made to the former wife
        or husband under section 226 of such Act [50 U.S.C. 2036].
        "(2) Limitations. - A former wife or husband is not entitled to
      a survivor annuity under this subsection if - 
          "(A) the former wife or husband remarries before age 55,
        except that the entitlement of the former wife or husband to
        such a survivor annuity shall be restored on the date such
        remarriage is dissolved by death, annulment, or divorce;
          "(B) the former wife or husband is less than 50 years of age;
        or
          "(C) the former wife or husband meets the definition of
        'former spouse' that was in effect under section 204(b)(4) of
        the Central Intelligence Agency Retirement Act of 1964 for
        Certain Employees before December 4, 1991 [section 204(b)(4) of
        Pub. L. 88-643 prior to enactment of Pub. L. 102-496, formerly
        set out as a note under section 403 of this title].
        "(3) Commencement and termination of annuity. - 
          "(A) Commencement of annuity. - The entitlement of a former
        wife or husband to a survivor annuity under this subsection
        shall commence - 
            "(i) in the case of a former wife or husband of a
          participant or retired participant who is deceased as of
          October 1, 1994, beginning on the later of - 
         "(I) the 60th day after such date; or
         "(II) the date on which the former wife or husband reaches age
          50; and
            "(ii) in the case of any other former wife or husband,
          beginning on the latest of - 
         "(I) the date on which the participant or retired participant
          to whom the former wife or husband was married dies;
         "(II) the 60th day after October 1, 1994; or
         "(III) the date on which the former wife or husband attains
          age 50.
          "(B) Termination of annuity. - The entitlement of a former
        wife or husband to a survivor annuity under this subsection
        terminates on the last day of the month before the former
        wife's or husband's death or remarriage before attaining age
        55. The entitlement of a former wife or husband to such a
        survivor annuity shall be restored on the date such remarriage
        is dissolved by death, annulment, or divorce.
        "(4) Election of benefits. - A former wife or husband of a
      participant or retired participant shall not become entitled
      under this subsection to a survivor annuity or to the restoration
      of the survivor annuity unless the former wife or husband elects
      to receive it instead of any other survivor annuity to which the
      former wife or husband may be entitled under the Central
      Intelligence Agency Retirement and Disability System or any other
      retirement system for Government employees on the basis of a
      marriage to someone other than the participant.
        "(5) Application - 
          "(A) Time limit; waiver. - A survivor annuity under this
        subsection shall not be payable unless appropriate written
        application is provided to the Director, complete with any
        supporting documentation which the Director may by regulation
        require. Any such application shall be submitted not later than
        October 1, 1995. The Director may waive the application
        deadline under the preceding sentence in any case in which the
        Director determines that the circumstances warrant such a
        waiver.
          "(B) Retroactive benefits. - Upon approval of an application
        provided under subparagraph (A), the appropriate survivor
        annuity shall be payable to the former wife or husband with
        respect to all periods before such approval during which the
        former wife or husband was entitled to such annuity under this
        subsection, but in no event shall a survivor annuity be payable
        under this subsection with respect to any period before October
        1, 1994.
        "(6) Restoration of annuity. - Notwithstanding paragraph
      (5)(A), the deadline by which an application for a survivor
      annuity must be submitted shall not apply in cases in which a
      former spouse's entitlement to such a survivor annuity is
      restored after October 1, 1994, under paragraph (2)(A) or (3)(B).
        "(7) Applicability in cases of participants transferred to
      fers. - 
          "(A) Entitlement. - Except as provided in paragraph (2), this
        subsection shall apply to a former wife or husband of a
        participant under the Central Intelligence Agency Retirement
        and Disability System who has elected to become subject to
        chapter 84 of title 5, United States Code.
          "(B) Amount of annuity. - The survivor annuity of a person
        covered by subparagraph (A) shall be equal to 50 percent of the
        unreduced amount of the participant's annuity computed in
        accordance with section 302(a) of the Federal Employees'
        Retirement System Act of 1986 [Pub. L. 99-335, 5 U.S.C. 8331
        note] and shall be reduced by an amount equal to any survivor
        annuity payments made to the former wife or husband under
        section 8445 of title 5, United States Code.
      "(b) Retirement Annuity. - 
        "(1) In general. - 
          "(A) Entitlement of former wife or husband. - A person
        described in subsection (a)(1)(A) shall be entitled, except to
        the extent such former spouse is disqualified under paragraph
        (2), to an annuity - 
            "(i) if married to the participant throughout the
          creditable service of the participant, equal to 50 percent of
          the annuity of the participant; or
            "(ii) if not married to the participant throughout such
          creditable service, equal to that former wife's or husband's
          pro rata share of 50 percent of such annuity (determined in
          accordance with section 222(a)(1)(B) of the Central
          Intelligence Agency Retirement Act (50 U.S.C. 2032
          (a)(1)(B)).
          "(B) Reduction in retirement annuities. - 
            "(i) Amount of reduction. - An annuity payable under this
          subsection shall be reduced by an amount equal to any
          apportionment payments payable to the former wife or husband
          pursuant to the terms of a court order incident to the
          dissolution of the marriage of such former spouse and the
          participant, former participant, or retired participant.
            "(ii) Definition of terms. - For purposes of clause (i):
         "(I) Apportionment. - The term 'apportionment' means a portion
          of a retired participant's annuity payable to a former wife
          or husband either by the retired participant or the
          Government in accordance with the terms of a court order.
         "(II) Court order. - The term 'court order' means any decree
          of divorce or annulment or any court order or court-approved
          property settlement agreement incident to such decree.
        "(2) Limitations. - A former wife or husband is not entitled to
      an annuity under this subsection if - 
          "(A) the former wife or husband remarries before age 55,
        except that the entitlement of the former wife or husband to an
        annuity under this subsection shall be restored on the date
        such remarriage is dissolved by death, annulment, or divorce;
          "(B) the former wife or husband is less than 50 years of age;
        or
          "(C) the former wife or husband meets the definition of
        'former spouse' that was in effect under section 204(b)(4) of
        the Central Intelligence Agency Retirement Act of 1964 for
        Certain Employees before December 4, 1991 [section 204(b)(4) of
        Pub. L. 88-643 prior to enactment of Pub. L. 102-496, formerly
        set out as a note under section 403 of this title].
        "(3) Commencement and termination. - 
          "(A) Retirement annuities. - The entitlement of a former wife
        or husband to an annuity under this subsection - 
            "(i) shall commence on the later of - 
         "(I) October 1, 1994;
         "(II) the day the participant upon whose service the right to
          the annuity is based becomes entitled to an annuity under
          such Act [probably means Central Intelligence Agency
          Retirement Act, 50 U.S.C. 2001 et seq.]; or
         "(III) such former wife's or husband's 50th birthday; and
            "(ii) shall terminate on the earlier of - 
         "(I) the last day of the month before the former wife or
          husband dies or remarries before 55 years of age, except that
          the entitlement of the former wife or husband to an annuity
          under this subsection shall be restored on the date such
          remarriage is dissolved by death, annulment, or divorce; or
         "(II) the date on which the annuity of the participant
          terminates.
          "(B) Disability annuities. - Notwithstanding subparagraph
        (A)(i)(II), in the case of a former wife or husband of a
        disability annuitant - 
            "(i) the annuity of the former wife or husband shall
          commence on the date on which the participant would qualify
          on the basis of the participant's creditable service for an
          annuity under the Central Intelligence Agency Retirement Act
          [50 U.S.C. 2001 et seq.] (other than a disability annuity) or
          the date the disability annuity begins, whichever is later;
          and
            "(ii) the amount of the annuity of the former wife or
          husband shall be calculated on the basis of the annuity for
          which the participant would otherwise so qualify.
          "(C) Election of benefits. - A former wife or husband of a
        participant or retired participant shall not become entitled
        under this subsection to an annuity or to the restoration of an
        annuity unless the former wife or husband elects to receive it
        instead of any survivor annuity to which the former wife or
        husband may be entitled under the Central Intelligence Agency
        Retirement and Disability System or any other retirement system
        for Government employees on the basis of a marriage to someone
        other than the participant.
          "(D) Application. - 
            "(i) Time limit; waiver. - An annuity under this subsection
          shall not be payable unless appropriate written application
          is provided to the Director of Central Intelligence, complete
          with any supporting documentation which the Director may by
          regulation require, not later than October 1, 1995. The
          Director may waive the application deadline under the
          preceding sentence in any case in which the Director
          determines that the circumstances warrant such a waiver.
            "(ii) Retroactive benefits. - Upon approval of an
          application under clause (i), the appropriate annuity shall
          be payable to the former wife or husband with respect to all
          periods before such approval during which the former wife or
          husband was entitled to an annuity under this subsection, but
          in no event shall an annuity be payable under this subsection
          with respect to any period before October 1, 1994.
        "(4) Restoration of annuities. - Notwithstanding paragraph
      (3)(D)(i), the deadline by which an application for a retirement
      annuity must be submitted shall not apply in cases in which a
      former spouse's entitlement to such annuity is restored after
      October 1, 1994, under paragraph (2)(A) or (3)(A)(ii).
        "(5) Applicability in cases of participants transferred to
      fers. - The provisions of this subsection shall apply to a former
      wife or husband of a participant under the Central Intelligence
      Agency Retirement and Disability System who has elected to become
      subject to chapter 84 of title 5, United States Code. For
      purposes of this paragraph, any reference in this section to a
      participant's annuity under the Central Intelligence Agency
      Retirement and Disability System shall be deemed to refer to the
      transferred participant's annuity computed in accordance with
      section 302(a) of the Federal Employee's Retirement System Act of
      1986 [Pub. L. 99-335, 5 U.S.C. 8331 note].
        "(6) Savings provision. - Nothing in this subsection shall be
      construed to impair, reduce, or otherwise affect the annuity or
      the entitlement to an annuity of a participant or former
      participant under title II or III of the Central Intelligence
      Agency Retirement Act [50 U.S.C. 2011 et seq., 2151 et seq.].
      "(c) Health Benefits. - [Amended section 403p of this title.]
      "(d) Source of Payment for Annuities. - Annuities provided under
    subsections (a) and (b) shall be payable from the Central
    Intelligence Agency Retirement and Disability Fund maintained under
    section 202 of the Central Intelligence Agency Retirement Act (50
    U.S.C. 2012).
      "(e) Effective Date. - 
        "(1) In general. - Except as provided in paragraph (2),
      subsections (a) and (b) shall take effect as of October 1, 1994,
      the amendments made by subsection (c) [amending section 403p of
      this title] shall apply to individuals on and after October 1,
      1994, and no benefits provided pursuant to those subsections
      shall be payable with respect to any period before October 1,
      1994.
        "(2) Section 16(d) of the Central Intelligence Agency Act of
      1949 (as added by subsection (c) of this section) [50 U.S.C.
      403p(d)] shall apply to individuals beginning on the date of
      enactment of this Act [Dec. 3, 1993]."
      [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 Pub. L. 108-458, set out as a note under section 401 of this
    title.]

-End-

-CITE-
    50 USC Sec. 2033                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
                     DISABILITY SYSTEM         
    Part C - Computation of Annuities

-HEAD-
    Sec. 2033. Election of survivor benefits for certain former spouses
      divorced as of November 15, 1982

-STATUTE-
    (a) Former spouses as of November 15, 1982
      A participant, former participant, or retired participant in the
    system who on November 15, 1982, had a former spouse may, by a
    spousal agreement, elect to receive a reduced annuity and provide a
    survivor annuity for such former spouse under section 2032(b) of
    this title.
    (b) Time for making election
      (1) If the participant or former participant has not retired
    under such system on or before November 15, 1982, an election under
    this section may be made at any time before retirement.
      (2) If the participant or former participant has retired under
    such system on or before November 15, 1982, an election under this
    section may be made within such period after November 15, 1982, as
    the Director may prescribe.
      (3) For the purposes of applying this subchapter, any such
    election shall be treated in the same manner as if it were a
    spousal agreement under section 2094(b) of this title.
    (c) Base for annuity
      An election under this section may provide for a survivor annuity
    based on all or any portion of that part of the annuity of the
    participant which is not designated or committed as a base for a
    survivor annuity for a spouse or any other former spouse of the
    participant. The participant and the participant's spouse may make
    an election under section 2031(b)(1)(B) of this title before the
    time of retirement for the purpose of allowing an election to be
    made under this section.
    (d) Reduction in participant's annuity
      (1) Computation
        The amount of the reduction in the participant's annuity shall
      be determined in accordance with section 2031(b)(2) of this
      title.
      (2) Effective date of reduction
        Such reduction shall be effective as of - 
          (A) the commencing date of the participant's annuity, in the
        case of an election under subsection (b)(1) of this section; or
          (B) November 15, 1982, in the case of an election under
        subsection (b)(2) of this section.

-SOURCE-
    (Pub. L. 88-643, title II, Sec. 223, as added Pub. L. 102-496,
    title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3216.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 223 of Pub. L. 88-643, as added Pub. L. 97-269,
    title VI, Sec. 607, Sept. 27, 1982, 96 Stat. 1151; amended Pub. L.
    99-335, title V, Sec. 501(2), June 6, 1986, 100 Stat. 622, related
    to election of survivor benefits for certain former spouses and was
    set out as a note under section 403 of this title prior to the
    general amendment of Pub. L. 88-643 by section 802 of Pub. L. 102-
    496.

-End-

-CITE-
    50 USC Sec. 2034                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
                     DISABILITY SYSTEM         
    Part C - Computation of Annuities

-HEAD-
    Sec. 2034. Survivor annuity for certain other former spouses

-STATUTE-
    (a) Survivor annuity
      (1) In general
        An individual who was a former spouse of a participant or
      retired participant on November 15, 1982, shall be entitled,
      except to the extent such former spouse is disqualified under
      subsection (b) of this section, to a survivor annuity equal to 55
      percent of the greater of - 
          (A) the unreduced amount of the participant's or retired
        participant's annuity, as computed under section 2031(a) of
        this title; or
          (B) the unreduced amount of what such annuity as so computed
        would be if the participant, former participant, or retired
        participant had not elected payment of the lump-sum credit
        under section 2143 of this title.
      (2) Reduction in survivor annuity
        A survivor annuity payable under this section shall be reduced
      by an amount equal to any survivor annuity payments made to the
      former spouse under section 2033 of this title.
    (b) Limitations
      A former spouse is not entitled to a survivor annuity under this
    section if - 
        (1) the former spouse remarries before age 55, except that the
      entitlement of the former spouse to such a survivor annuity shall
      be restored on the date such remarriage is dissolved by death,
      annulment, or divorce; or
        (2) the former spouse is less than 50 years of age.
    (c) Commencement and termination of annuity
      (1) Commencement of annuity
        The entitlement of a former spouse to a survivor annuity under
      this section shall commence - 
          (A) in the case of a former spouse of a participant or
        retired participant who is deceased as of October 1, 1986,
        beginning on the later of - 
            (i) the 60th day after such date; or
            (ii) the date on which the former spouse reaches age 50;
          and

          (B) in the case of any other former spouse, beginning on the
        latest of - 
            (i) the date on which the participant or retired
          participant to whom the former spouse was married dies;
            (ii) the 60th day after October 1, 1986; or
            (iii) the date on which the former spouse attains age 50.
      (2) Termination of annuity
        The entitlement of a former spouse to a survivor annuity under
      this section terminates on the last day of the month before the
      former spouse's death or remarriage before attaining age 55. The
      entitlement of a former spouse to such a survivor annuity shall
      be restored on the date such remarriage is dissolved by death,
      annulment, or divorce.
    (d) Application
      (1) Time limit; waiver
        A survivor annuity under this section shall not be payable
      unless appropriate written application is provided to the
      Director, complete with any supporting documentation which the
      Director may by regulation require. Any such application shall be
      submitted not later than April 1, 1989. The Director may waive
      the application deadline under the preceding sentence in any case
      in which the Director determines that the circumstances warrant
      such a waiver.
      (2) Retroactive benefits
        Upon approval of an application provided under paragraph (1),
      the appropriate survivor annuity shall be payable to the former
      spouse with respect to all periods before such approval during
      which the former spouse was entitled to such annuity under this
      section, but in no event shall a survivor annuity be payable
      under this section with respect to any period before October 1,
      1986.
    (e) Restoration of annuity
      Notwithstanding subsection (d)(1) of this section, the deadline
    by which an application for a survivor annuity must be submitted
    shall not apply in cases in which a former spouse's entitlement to
    such a survivor annuity is restored under subsection (b)(1) or
    (c)(2) of this section.

-SOURCE-
    (Pub. L. 88-643, title II, Sec. 224, as added Pub. L. 102-496,
    title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3217; amended Pub.
    L. 103-178, title II, Sec. 202(a)(6), Dec. 3, 1993, 107 Stat.
    2026.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 224 of Pub. L. 88-643, as added Pub. L. 99-569,
    title III, Sec. 302(a), Oct. 27, 1986, 100 Stat. 3192; amended Pub.
    L. 100-453, title III, Sec. 302(b)(1), Sept. 29, 1988, 102 Stat.
    1907; Pub. L. 101-193, title III, Sec. 304(a), Nov. 30, 1989, 103
    Stat. 1703; Pub. L. 102-88, title III, Sec. 307(a), Aug. 14, 1991,
    105 Stat. 432; Pub. L. 102-183, title III, Sec. 304, Dec. 4, 1991,
    105 Stat. 1264, related to survivor annuities for certain other
    former spouses and was set out as a note under section 403 of this
    title prior to the general amendment of Pub. L. 88-643 by section
    802 of Pub. L. 102-496.

                                AMENDMENTS                            
      1993 - Subsec. (c)(1)(B)(i). Pub. L. 103-178 substituted "retired
    participant" for "former participant".

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by Pub. L. 103-178 effective Feb. 1, 1993, see section
    202(b) of Pub. L. 103-178, set out as a note under section 2001 of
    this title.

-End-

-CITE-
    50 USC Sec. 2035                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
                     DISABILITY SYSTEM         
    Part C - Computation of Annuities

-HEAD-
    Sec. 2035. Retirement annuity for certain former spouses

-STATUTE-
    (a) Retirement annuity
      An individual who was a former spouse of a participant, former
    participant, or retired participant on November 15, 1982, and any
    former spouse divorced after November 15, 1982, from a participant
    or former participant who retired before November 15, 1982, shall
    be entitled, except to the extent such former spouse is
    disqualified under subsection (b) of this section, to an annuity - 
        (1) if married to the participant throughout the creditable
      service of the participant, equal to 50 percent of the annuity of
      the participant; or
        (2) if not married to the participant throughout such
      creditable service, equal to that former spouse's pro rata share
      of 50 percent of such annuity.
    (b) Limitations
      A former spouse is not entitled to an annuity under this section
    if - 
        (1) the former spouse remarries before age 55, except that the
      entitlement of the former spouse to an annuity under this section
      shall be restored on the date such remarriage is dissolved by
      death, annulment, or divorce; or
        (2) the former spouse is less than 50 years of age.
    (c) Commencement and termination
      (1) Retirement annuities
        The entitlement of a former spouse to an annuity under this
      section - 
          (A) shall commence on the later of - 
            (i) the day the participant upon whose service the right to
          the annuity is based becomes entitled to an annuity under
          this subchapter;
            (ii) the first day of the month in which the divorce or
          annulment involved becomes final; or
            (iii) such former spouse's 50th birthday; and

          (B) shall terminate on the earlier of - 
            (i) the last day of the month before the former spouse dies
          or remarries before 55 years of age, except that the
          entitlement of the former spouse to an annuity under this
          section shall be restored on the date such remarriage is
          dissolved by death, annulment, or divorce; or
            (ii) the date on which the annuity of the participant
          terminates.
      (2) Disability annuities
        Notwithstanding paragraph (1)(A)(i), in the case of a former
      spouse of a disability annuitant - 
          (A) the annuity of the former spouse shall commence on the
        date on which the participant would qualify on the basis of the
        participant's creditable service for an annuity under this
        subchapter (other than disability annuity) or the date the
        disability annuity begins, whichever is later; and
          (B) the amount of the annuity of the former spouse shall be
        calculated on the basis of the annuity for which the
        participant would otherwise so qualify.
      (3) Election of benefits
        A former spouse of a participant or retired participant shall
      not become entitled under this section to an annuity or to the
      restoration of an annuity payable from the fund unless the former
      spouse elects to receive it instead of any survivor annuity to
      which the former spouse may be entitled under this or any other
      retirement system for Government employees on the basis of a
      marriage to someone other than the participant.
      (4) Application
        (A) Time limit; waiver
          An annuity under this section shall not be payable unless
        appropriate written application is provided to the Director,
        complete with any supporting documentation which the Director
        may by regulation require, not later than June 2, 1990. The
        Director may waive the application deadline under the preceding
        sentence in any case in which the Director determines that the
        circumstances warrant such a waiver.
        (B) Retroactive benefits
          Upon approval of an application under subparagraph (A), the
        appropriate annuity shall be payable to the former spouse with
        respect to all periods before such approval during which the
        former spouse was entitled to an annuity under this section,
        but in no event shall an annuity be payable under this section
        with respect to any period before December 2, 1987.
    (d) Restoration of annuities
      Notwithstanding subsection (c)(4)(A) of this section, the
    deadline by which an application for a retirement annuity must be
    submitted shall not apply in cases in which a former spouse's
    entitlement to such annuity is restored under subsection (b)(1) or
    (c)(1)(B) of this section.
    (e) Savings provision
      Nothing in this section shall be construed to impair, reduce, or
    otherwise affect the annuity or the entitlement to an annuity of a
    participant or former participant under this subchapter.

-SOURCE-
    (Pub. L. 88-643, title II, Sec. 225, as added Pub. L. 102-496,
    title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3218; amended Pub.
    L. 103-178, title II, Sec. 202(a)(7), Dec. 3, 1993, 107 Stat.
    2026.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 225 of Pub. L. 88-643, as added Pub. L. 100-178,
    title IV, Sec. 401(a), Dec. 2, 1987, 101 Stat. 1012; amended Pub.
    L. 100-453, title III, Sec. 302(c)(1), Sept. 29, 1988, 102 Stat.
    1907; Pub. L. 102-88, title III, Sec. 307(b), Aug. 14, 1991, 105
    Stat. 433, related to retirement benefits for certain other former
    spouses and was set out as a note under section 403 of this title
    prior to the general amendment of Pub. L. 88-643 by section 802 of
    Pub. L. 102-496.

                                AMENDMENTS                            
      1993 - Subsec. (c)(3). Pub. L. 103-178, Sec. 202(a)(7)(A),
    substituted "any survivor annuity" for "any other annuity".
      Subsec. (c)(4)(A). Pub. L. 103-178, Sec. 202(a)(7)(B),
    substituted "June 2, 1990" for "June 2, 1991".

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by Pub. L. 103-178 effective Feb. 1, 1993, see section
    202(b) of Pub. L. 103-178, set out as a note under section 2001 of
    this title.

-End-

-CITE-
    50 USC Sec. 2036                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
                     DISABILITY SYSTEM         
    Part C - Computation of Annuities

-HEAD-
    Sec. 2036. Survivor annuities for previous spouses

-STATUTE-
      The Director shall prescribe regulations under which a previous
    spouse who is divorced after September 29, 1988, from a
    participant, former participant, or retired participant shall be
    eligible for a survivor annuity to the same extent and, to the
    greatest extent practicable, under the same conditions (including
    reductions to be made in the annuity of the participant) applicable
    to former spouses (as defined in section 8331(23) of title 5) of
    participants in the Civil Service Retirement and Disability System
    (CSRS) as prescribed by the Civil Service Retirement Spouse Equity
    Act of 1984.

-SOURCE-
    (Pub. L. 88-643, title II, Sec. 226, as added Pub. L. 102-496,
    title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3220.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Civil Service Retirement Spouse Equity Act of 1984, referred
    to in text, is Pub. L. 98-615, Nov. 8, 1984, 98 Stat. 3195, as
    amended. For complete classification of this Act to the Code, see
    Short Title of 1984 Amendment note set out under section 8331 of
    Title 5, Government Organization and Employees, and Tables.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 226 of Pub. L. 88-643, as added Pub. L. 100-453,
    title III, Sec. 302(a), Sept. 29, 1988, 102 Stat. 1906; amended
    Pub. L. 102-88, title III, Sec. 304(b), (c), Aug. 14, 1991, 105
    Stat. 431, 432; Pub. L. 102-183, title III, Sec. 306(a), (b), Dec.
    4, 1991, 105 Stat. 1265, related to survivor annuities for previous
    spouses and second chance to elect survivor annuity for certain
    spouses and was set out as a note under section 403 of this title
    prior to the general amendment of Pub. L. 88-643 by section 802 of
    Pub. L. 102-496.

-End-

-CITE-
    50 USC Part D - Benefits Accruing to Certain Participants    01/02/2006 

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
                     DISABILITY SYSTEM         
    Part D - Benefits Accruing to Certain Participants

-HEAD-
            PART D - BENEFITS ACCRUING TO CERTAIN PARTICIPANTS        

-End-

-CITE-
    50 USC Sec. 2051                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
                     DISABILITY SYSTEM         
    Part D - Benefits Accruing to Certain Participants

-HEAD-
    Sec. 2051. Retirement for disability or incapacity; medical
      examination; recovery

-STATUTE-
    (a) Disability retirement
      (1) Eligibility
        A participant who has become disabled shall, upon the
      participant's own application or upon order of the Director, be
      retired on an annuity computed under subsection (b) of this
      section.
      (2) Standard for disability determination
        A participant shall be considered to be disabled only if the
      participant - 
          (A) is found by the Director to be unable, because of disease
        or injury, to render useful and efficient service in the
        participant's position; and
          (B) is not qualified for reassignment, under procedures
        prescribed by the Director, to a vacant position in the Agency
        at the same grade or level and in which the participant would
        be able to render useful and efficient service.
      (3) Time limit for application
        (A) One year requirement
          A claim may be allowed under this section only if the
        application is submitted before the participant is separated
        from the Agency or within one year thereafter.
        (B) Waiver for mentally incompetent participant
          The time limitation may be waived by the Director for a
        participant who, at the date of separation from the Agency or
        within one year thereafter, is mentally incompetent, if the
        application is filed with the Agency within one year from the
        date of restoration of the participant to competency or the
        appointment of a fiduciary, whichever is earlier.
    (b) Computation of disability annuity
      (1) In general
        Except as provided in paragraph (2), an annuity payable under
      subsection (a) of this section shall be computed under section
      2031(a) of this title. However, if the disabled or incapacitated
      participant has less than 20 years of service credit toward
      retirement under the system at the time of retirement, the
      annuity shall be computed on the assumption that the participant
      has had 20 years of service, but the additional service credit
      that may accrue to a participant under this paragraph may not
      exceed the difference between the participant's age at the time
      of retirement and age 60.
      (2) Coordination with military retired pay and veterans'
        compensation and pension
        If a participant retiring under this section is receiving
      retired pay or retainer pay for military service (except that
      specified in section 2082(e)(3) of this title) or Department of
      Veterans Affairs compensation or pension in lieu of such retired
      or retainer pay, the annuity of that participant shall be
      computed under section 2031(a) of this title, excluding credit
      for such military service from that computation. If the amount of
      the annuity so computed, plus the retired or retainer pay which
      is received, or which would be received but for the application
      of the limitation in section 5532 (!1) of title 5, or the
      Department of Veterans Affairs compensation or pension in lieu of
      such retired or retainer pay, is less than the annuity that would
      be payable under this section in the absence of the previous
      sentence, an amount equal to the difference shall be added to the
      annuity payable under section 2031(a) of this title.

    (c) Medical examinations
      (1) Medical examination required for determination of disability
        In each case, the participant shall be given a medical
      examination by one or more duly qualified physicians or surgeons
      designated by the Director to conduct examinations, and
      disability shall be determined by the Director on the basis of
      the advice of such physicians or surgeons.
      (2) Annual reexaminations until age 60
        Unless the disability is permanent, like examinations shall be
      made annually until the annuitant becomes age 60. If the Director
      determines on the basis of the advice of one or more duly
      qualified physicians or surgeons conducting such examinations
      that an annuitant has recovered to the extent that the annuitant
      can return to duty, the annuitant may apply for reinstatement or
      reappointment in the Agency within one year from the date the
      annuitant's recovery is determined.
      (3) Reinstatement
        Upon application, the Director may reinstate any such recovered
      disability annuitant in the grade held at time of retirement, or
      the Director may, taking into consideration the age,
      qualifications, and experience of such annuitant, and the present
      grade of the annuitant's contemporaries in the Agency, appoint
      the annuitant to a grade higher than the one held before
      retirement.
      (4) Termination of disability annuity
        Payment of the annuity shall continue until a date one year
      after the date of examination showing recovery or until the date
      of reinstatement or reappointment in the Agency, whichever is
      earlier.
      (5) Payment of fees
        Fees for examinations under this subsection, together with
      reasonable traveling and other expenses incurred in order to
      submit to examination, may be paid out of the fund.
      (6) Suspension of annuity pending required examination
        If the annuitant fails to submit to examination as required
      under this section, payment of the annuity shall be suspended
      until continuance of the disability is satisfactorily
      established.
      (7) Termination of annuity upon restoration of earning capacity
        If the annuitant receiving a disability retirement annuity is
      restored to earning capacity before becoming age 60, payment of
      the annuity terminates on reemployment by the Government or 180
      days after the end of the calendar year in which earning capacity
      is restored, whichever is earlier. Earning capacity shall be
      considered to be restored if in any calendar year the income of
      the annuitant from wages or self-employment, or both, equals at
      least 80 percent of the current rate of pay for the grade and
      step the annuitant held at the time of retirement.
    (d) Treatment of recovered disability annuitant who is not
      reinstated
      (1) Separation
        If a recovered or restored disability annuitant whose annuity
      is discontinued is for any reason not reinstated or reappointed
      in the Agency, the annuitant shall be considered, except for
      service credit, to have been separated within the meaning of
      section 2054 of this title as of the date of termination of the
      disability annuity.
      (2) Retirement
        After such termination, the recovered or restored annuitant
      shall be entitled to the benefits of section 2054 or 2071(a) of
      this title, except that the annuitant may elect voluntary
      retirement under section 2053 of this title, if qualified
      thereunder, or may be placed by the Director in an involuntary
      retirement status under section 2055(a) of this title, if
      qualified thereunder. Retirement rights under this paragraph
      shall be based on the provisions of this subchapter in effect as
      of the date on which the disability annuity is discontinued.
      (3) Further disability before age 62
        If, based on a current medical examination, the Director
      determines that a recovered annuitant has, before reaching age
      62, again become totally disabled due to recurrence of the
      disability for which the annuitant was originally retired, the
      annuitant's terminated disability annuity (same type and rate)
      shall be reinstated from the date of such medical examination. If
      a restored-to-earning-capacity annuitant has not medically
      recovered from the disability for which retired and establishes
      to the Director's satisfaction that the annuitant's income from
      wages and self-employment in any calendar year before reaching
      age 62 was less than 80 percent of the rate of pay for the grade
      and step the annuitant held at the time of retirement, the
      annuitant's terminated disability annuity (same type and rate)
      shall be reinstated from the first of the next following year. If
      the annuitant has been allowed an involuntary or voluntary
      retirement annuity in the meantime, the annuitant's reinstated
      disability annuity shall be substituted for it unless the
      annuitant elects to retain the former benefit.
    (e) Coordination of benefits
      (1) Workers' compensation
        A participant is not entitled to receive for the same period of
      time - 
          (A) an annuity under this subchapter, and
          (B) compensation for injury to, or disability of, such
        participant under subchapter I of chapter 81 of title 5, other
        than compensation payable under section 8107 of such title.
      (2) Survivor annuities
        An individual is not entitled to receive an annuity under this
      subchapter and a concurrent benefit under subchapter I of chapter
      81 of title 5 on account of the death of the same person.
      (3) Greater benefit
        Paragraphs (1) and (2) do not bar the right of a claimant to
      the greater benefit conferred by either this subchapter or
      subchapter I of chapter 81 of title 5.
    (f) Offset from survivor annuity for workers' compensation payment
      (1) Refund to Department of Labor
        If an individual is entitled to an annuity under this
      subchapter and the individual receives a lump-sum payment for
      compensation under section 8135 of title 5 based on the
      disability or death of the same person, so much of the
      compensation as has been paid for a period extended beyond the
      date payment of the annuity commences, as determined by the
      Secretary of Labor, shall be refunded to the Department for
      credit to the Employees' Compensation Fund. Before the individual
      may receive the annuity, the individual shall - 
          (A) refund to the Secretary of Labor the amount representing
        the commuted compensation payments for the extended period; or
          (B) authorize the deduction of the amount from the annuity.
      (2) Source of deduction
        Deductions from the annuity may be made from accrued or
      accruing payments. The amounts deducted and withheld from the
      annuity shall be transmitted to the Secretary for reimbursement
      to the Employees' Compensation Fund.
      (3) Prorating deduction
        If the Secretary finds that the financial circumstances of an
      individual entitled to an annuity under this subchapter warrant
      deferred refunding, deductions from the annuity may be prorated
      against and paid from accruing payments in such manner as the
      Secretary determines appropriate.

-SOURCE-
    (Pub. L. 88-643, title II, Sec. 231, as added Pub. L. 102-496,
    title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3220; amended Pub.
    L. 103-178, title II, Sec. 202(a)(8), Dec. 3, 1993, 107 Stat.
    2026.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 5532 of title 5, referred to in subsec. (b)(2), was
    repealed by Pub. L. 106-65, div. A, title VI, Sec. 651(a)(1), Oct.
    5, 1999, 113 Stat. 664.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 231 of Pub. L. 88-643, title II, Oct. 13, 1964,
    78 Stat. 1046; Ex. Ord. No. 12326, Sec. 2, Sept. 30, 1981, 46 F.R.
    48889; Pub. L. 94-522, title II, Secs. 205-207, Oct. 17, 1976, 90
    Stat. 2470; Ex. Ord. No. 12443, Sec. 1, Sept. 27, 1983, 48 F.R.
    44751; Pub. L. 99-335, title V, Sec. 501(2), June 6, 1986, 100
    Stat. 622; Pub. L. 102-183, title III, Sec. 305, Dec. 4, 1991, 105
    Stat. 1265, related to retirement for disability or incapacity,
    medical examination, and recovery and was set out as a note under
    section 403 of this title prior to the general amendment of Pub. L.
    88-643 by section 802 of Pub. L. 102-496.

                                AMENDMENTS                            
      1993 - Subsec. (d)(2). Pub. L. 103-178 substituted "2071(a) of
    this title" for "2071(b) of this title".

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by Pub. L. 103-178 effective Feb. 1, 1993, see section
    202(b) of Pub. L. 103-178, set out as a note under section 2001 of
    this title.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    50 USC Sec. 2052                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
                     DISABILITY SYSTEM         
    Part D - Benefits Accruing to Certain Participants

-HEAD-
    Sec. 2052. Death in service

-STATUTE-
    (a) Return of contributions when no annuity payable
      If a participant dies and no claim for an annuity is payable
    under this subchapter, the participant's lump-sum credit and any
    voluntary contributions made under section 2121 of this title, with
    interest, shall be paid in the order of precedence shown in section
    2071(c) of this title.
    (b) Survivor annuity for surviving spouse or former spouse
      (1) In general
        If a participant dies before separation or retirement from the
      Agency and is survived by a spouse or by a former spouse
      qualifying for a survivor annuity under section 2032(b) of this
      title, such surviving spouse shall be entitled to an annuity
      equal to 55 percent of the annuity computed in accordance with
      paragraphs (2) and (3) of this subsection and section 2031(a) of
      this title, and any such surviving former spouse shall be
      entitled to an annuity computed in accordance with section
      2032(b) of this title and paragraph (2) of this subsection as if
      the participant died after being entitled to an annuity under
      this subchapter. The annuity of such surviving spouse or former
      spouse shall commence on the day after the participant dies and
      shall terminate on the last day of the month before the death or
      remarriage before attaining age 55 of the surviving spouse or
      former spouse (subject to the payment and restoration provisions
      of sections 2031(b)(3)(C), 2031(h), and 2032(b)(3) of this
      title).
      (2) Computation
        The annuity payable under paragraph (1) shall be computed in
      accordance with section 2031(a) of this title, except that the
      computation of the annuity of the participant under such section
      shall be at least the smaller of (A) 40 percent of the
      participant's high-3 average pay, or (B) the sum obtained under
      such section after increasing the participant's length of service
      by the difference between the participant's age at the time of
      death and age 60.
      (3) Limitation
        Notwithstanding paragraph (1), if the participant had a former
      spouse qualifying for an annuity under section 2032(b) of this
      title, the annuity of a surviving spouse under this section shall
      be subject to the limitation of section 2031(b)(3)(B) of this
      title, and the annuity of a former spouse under this section
      shall be subject to the limitation of section 2032(b)(4)(B) of
      this title.
      (4) Precedence of section 2034 survivor annuity over death-in-
        service annuity
        If a former spouse who is eligible for a death-in-service
      annuity under this section is or becomes eligible for an annuity
      under section 2034 of this title, the annuity provided under this
      section shall not be payable and shall be superseded by the
      annuity under section 2034 of this title.
    (c) Annuities for surviving children
      (1) Participants dying before April 1, 1992
        In the case of a participant who before April 1, 1992, died
      before separation or retirement from the Agency and who was
      survived by a child or children - 
          (A) if the participant was survived by a spouse, there shall
        be paid from the fund to or on behalf of each such surviving
        child an annuity determined under section 2031(d)(3)(A) of this
        title; and
          (B) if the participant was not survived by a spouse, there
        shall be paid from the fund to or on behalf of each such
        surviving child an annuity determined under section
        2031(d)(3)(B) of this title.
      (2) Participants dying on or after April 1, 1992
        In the case of a participant who on or after April 1, 1992,
      dies before separation or retirement from the Agency and who is
      survived by a child or children - 
          (A) if the participant is survived by a spouse or former
        spouse who is the natural or adoptive parent of a surviving
        child of the participant, there shall be paid from the fund to
        or on behalf of each such surviving child an annuity determined
        under section 2031(d)(3)(A) of this title; and
          (B) if the participant is not survived by a spouse or former
        spouse who is the natural or adoptive parent of a surviving
        child of the participant, there shall be paid to or on behalf
        of each such surviving child an annuity determined under
        section 2031(d)(3)(B) of this title.
      (3) "Former spouse" defined
        For purposes of this subsection, the term "former spouse"
      includes any former wife or husband of a participant, regardless
      of the length of marriage or the amount of creditable service
      completed by the participant.

-SOURCE-
    (Pub. L. 88-643, title II, Sec. 232, as added Pub. L. 102-496,
    title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3223; amended Pub.
    L. 103-178, title II, Sec. 202(a)(9), Dec. 3, 1993, 107 Stat.
    2026.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 232 of Pub. L. 88-643, title II, Oct. 13, 1964,
    78 Stat. 1048; Pub. L. 91-185, Sec. 4, Dec. 30, 1969, 83 Stat. 848;
    Pub. L. 94-522, title II, Sec. 208, Oct. 17, 1976, 90 Stat. 2471;
    Pub. L. 99-335, title V, Sec. 501(2), June 6, 1986, 100 Stat. 622;
    Pub. L. 100-178, title IV, Sec. 402(a), Dec. 2, 1987, 101 Stat.
    1013; Pub. L. 101-193, title III, Sec. 303, Nov. 30, 1989, 103
    Stat. 1703; Pub. L. 102-88, title III, Sec. 305(a)(3), Aug. 14,
    1991, 105 Stat. 432; Pub. L. 102-183, title III, Sec. 302(b), (c),
    Dec. 4, 1991, 105 Stat. 1262, 1263; Pub. L. 102-496, title III,
    Sec. 304(b), Oct. 24, 1992, 106 Stat. 3183, related to death in
    service and was set out as a note under section 403 of this title
    prior to the general amendment of Pub. L. 88-643 by section 802 of
    Pub. L. 102-496.

                                AMENDMENTS                            
      1993 - Subsec. (b)(4). Pub. L. 103-178 substituted "eligible for
    an annuity under section 2034" for "eligible for an annuity under
    section 2032".

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by Pub. L. 103-178 effective Feb. 1, 1993, see section
    202(b) of Pub. L. 103-178, set out as a note under section 2001 of
    this title.

-End-

-CITE-
    50 USC Sec. 2053                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
                     DISABILITY SYSTEM         
    Part D - Benefits Accruing to Certain Participants

-HEAD-
    Sec. 2053. Voluntary retirement

-STATUTE-
      (a) A participant who is at least 50 years of age and has
    completed 20 years of service may, on the participant's application
    and with the consent of the Director, be retired from the Agency
    and receive benefits in accordance with the provisions of section
    2031 of this title if the participant has not less than 10 years of
    service with the Agency.
      (b) A participant who has at least 25 years of service, ten years
    of which are with the Agency, may retire, with the consent of the
    Director, at any age and receive benefits in accordance with the
    provisions of section 2031 of this title if the Office of Personnel
    Management has authorized separation from service voluntarily for
    Agency employees under section 8336(d)(2) of title 5 with respect
    to the Civil Service Retirement System or section 8414(b)(1)(B) of
    such title with respect to the Federal Employees' Retirement
    System.

-SOURCE-
    (Pub. L. 88-643, title II, Sec. 233, as added Pub. L. 102-496,
    title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3225; amended Pub.
    L. 103-36, Sec. 3, June 8, 1993, 107 Stat. 106.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 233 of Pub. L. 88-643, title II, Oct. 13, 1964,
    78 Stat. 1048, related to voluntary retirement and was set out as a
    note under section 403 of this title prior to the general amendment
    of Pub. L. 88-643 by section 802 of Pub. L. 102-496.

                                AMENDMENTS                            
      1993 - Pub. L. 103-36 designated existing provisions as subsec.
    (a) and added subsec. (b).

-End-

-CITE-
    50 USC Sec. 2054                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
                     DISABILITY SYSTEM         
    Part D - Benefits Accruing to Certain Participants

-HEAD-
    Sec. 2054. Discontinued service benefits

-STATUTE-
    (a) Deferred annuity
      A participant who separates from the Agency may, upon separation
    or at any time before the commencement of an annuity under this
    subchapter, elect - 
        (1) to have the participant's contributions to the fund
      returned to the participant in accordance with section 2071(a) of
      this title; or
        (2) except in a case in which the Director determines that
      separation was based in whole or in part on the ground of
      disloyalty to the United States, to leave the contributions in
      the fund and receive an annuity, computed as prescribed in
      section 2031 of this title, commencing at age 62.
    (b) Refund of contributions if former participant dies before age
      62
      If a participant who qualifies under subsection (a) of this
    section to receive a deferred annuity commencing at age 62 dies
    before reaching age 62, the participant's contributions to the
    fund, with interest, shall be paid in accordance with the
    provisions of section 2071 of this title.

-SOURCE-
    (Pub. L. 88-643, title II, Sec. 234, as added Pub. L. 102-496,
    title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3225; amended Pub.
    L. 103-178, title II, Sec. 202(a)(10), Dec. 3, 1993, 107 Stat.
    2026.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 234 of Pub. L. 88-643, title II, Oct. 13, 1964,
    78 Stat. 1048; Pub. L. 97-269, title VI, Sec. 608, Sept. 27, 1982,
    96 Stat. 1152; Pub. L. 99-335, title V, Sec. 501(2), June 6, 1986,
    100 Stat. 622, related to discontinued service benefits and was set
    out as a note under section 403 of this title prior to the general
    amendment of Pub. L. 88-643 by section 802 of Pub. L. 102-496.

                                AMENDMENTS                            
      1993 - Subsec. (b). Pub. L. 103-178 substituted "section 2071"
    for "sections 2071 and 2121".

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by Pub. L. 103-178 effective Feb. 1, 1993, see section
    202(b) of Pub. L. 103-178, set out as a note under section 2001 of
    this title.

-End-

-CITE-
    50 USC Sec. 2055                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
                     DISABILITY SYSTEM         
    Part D - Benefits Accruing to Certain Participants

-HEAD-
    Sec. 2055. Mandatory retirement

-STATUTE-
    (a) Involuntary retirement
      (1) Authority of director. - The Director may, in the Director's
    discretion, place in a retired status any participant in the system
    described in paragraph (2).
      (2) Paragraph (1) applies with respect to any participant who has
    not less than 10 years of service with the Agency and who - 
        (A) has completed at least 25 years of service; or
        (B) is at least 50 years of age and has completed at least 20
      years of service.
    (b) Mandatory retirement for age
      (1) In general
        A participant in the system shall be automatically retired from
      the Agency - 
          (A) upon reaching age 65, in the case of a participant in the
        system receiving compensation under the Senior Intelligence
        Service pay schedule at the rate of level 4 or above; and
          (B) upon reaching age 60, in the case of any other
        participant in the system.
      (2) Effective date of retirement
        Retirement under paragraph (1) shall be effective on the last
      day of the month in which the participant reaches the age
      applicable to that participant under that paragraph.
      (3) Authority for extension
        In any case in which the Director determines it to be in the
      public interest, the Director may extend the mandatory retirement
      date for a participant under this subsection by a period of not
      to exceed 5 years.
    (c) Retirement benefits
      A participant retired under this section shall receive retirement
    benefits in accordance with section 2031 of this title.

-SOURCE-
    (Pub. L. 88-643, title II, Sec. 235, as added Pub. L. 102-496,
    title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3225.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 235 of Pub. L. 88-643, title II, Oct. 13, 1964,
    78 Stat. 1049; Ex. Ord. No. 12443, Sec. 13, Sept. 27, 1983, 48 F.R.
    44754; Pub. L. 99-335, title V, Sec. 501(2), June 6, 1986, 100
    Stat. 622; Pub. L. 102-183, title III, Sec. 307, Dec. 4, 1991, 105
    Stat. 1265, related to mandatory retirement and was set out as a
    note under section 403 of this title prior to the general amendment
    of Pub. L. 88-643 by section 802 of Pub. L. 102-496.

-End-

-CITE-
    50 USC Sec. 2056                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
                     DISABILITY SYSTEM         
    Part D - Benefits Accruing to Certain Participants

-HEAD-
    Sec. 2056. Eligibility for annuity

-STATUTE-
    (a) One-out-of-two requirement
      A participant must complete, within the last two years before any
    separation from service (except a separation because of death or
    disability) at least one year of creditable civilian service during
    which the participant is subject to this subchapter and in a pay
    status before the participant or the participant's survivors are
    eligible for an annuity under this subchapter based on that
    separation.
    (b) Refund of contributions for time not allowed for credit
      If a participant (other than a participant separated from the
    service because of death or disability) fails to meet the service
    and pay status requirement of subsection (a) of this section, any
    amounts deducted from the participant's pay during the period for
    which no eligibility is established based on the separation shall
    be returned to the participant on the separation.
    (c) Exception
      Failure to meet the service and pay status requirement of
    subsection (a) of this section shall not deprive the participant or
    the participant's survivors of any annuity to which they may be
    entitled under this subchapter based on a previous separation.

-SOURCE-
    (Pub. L. 88-643, title II, Sec. 236, as added Pub. L. 102-496,
    title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3226.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 236 of Pub. L. 88-643, as added Pub. L. 101-193,
    title III, Sec. 302(2), Nov. 30, 1989, 103 Stat. 1703, related to
    eligibility for annuity and was set out as a note under section 403
    of this title prior to the general amendment of Pub. L. 88-643 by
    section 802 of Pub. L. 102-496.
      A prior section 237 of Pub. L. 88-643, title II, formerly Sec.
    236, Oct. 13, 1964, 78 Stat. 1049; Pub. L. 91-626, Sec. 4, Dec. 31,
    1970, 84 Stat. 1873; Pub. L. 93-31, May 8, 1973, 87 Stat. 65; Pub.
    L. 99-335, title V, Sec. 501(2), June 6, 1986, 100 Stat. 622,
    renumbered Sec. 237, Pub. L. 101-193, title III, Sec. 302(1), Nov.
    30, 1989, 103 Stat. 1703, related to limitation on number of
    retirements and was set out as a note under section 403 of this
    title prior to the general amendment of Pub. L. 88-643 by section
    802 of Pub. L. 102-496.

-End-

-CITE-
    50 USC Part E - Lump-Sum Payments                           01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
                     DISABILITY SYSTEM         
    Part E - Lump-Sum Payments

-HEAD-
                        PART E - LUMP-SUM PAYMENTS                    

-End-

-CITE-
    50 USC Sec. 2071                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
                     DISABILITY SYSTEM         
    Part E - Lump-Sum Payments

-HEAD-
    Sec. 2071. Lump-sum payments

-STATUTE-
    (a) Entitlement to lump-sum credit
      Subject to section 2082(d) of this title and subsection (b) of
    this section, a participant who - 
        (1) is separated from the Agency for at least 31 consecutive
      days and is not transferred to employment covered by another
      retirement system for Government employees;
        (2) files an application with the Director for payment of the
      lump-sum credit;
        (3) is not reemployed in a position in which the participant is
      subject to this subchapter at the time the participant files the
      application; and
        (4) will not become eligible to receive an annuity under this
      subchapter within 31 days after filing the application,

    is entitled to be paid the lump-sum credit. Receipt of the payment
    of the lump-sum credit by the former participant voids all annuity
    rights under this subchapter based on the service on which the lump-
    sum credit is based, until the former participant is reemployed in
    service subject to this subchapter.
    (b) Conditions for payment of lump-sum credit
      (1) In general
        Whenever a former participant becomes entitled to receive
      payment of the lump-sum credit under subsection (a) of this
      section, such lump-sum credit shall be paid to the former
      participant and to any former spouse or former wife or husband of
      the former participant in accordance with paragraphs (2) through
      (4). The former participant's lump-sum credit shall be reduced by
      the amount of the lump-sum credit payable to any former spouse or
      former wife or husband.
      (2) Pro rata share for former spouse
        Unless otherwise expressly provided by any spousal agreement or
      court order under section 2094(b) of this title, a former spouse
      of the former participant shall be entitled to receive a share of
      such participant's lump-sum credit - 
          (A) if married to the participant throughout the period of
        creditable service of the participant, equal to 50 percent of
        such lump-sum credit; or
          (B) if not married to the participant throughout such
        creditable service, equal to a proportion of 50 percent of such
        lump-sum credit which is the proportion that the number of days
        of the marriage of the former spouse to the participant during
        periods of creditable service of such participant bears to the
        total number of days of such creditable service.
      (3) Share for former wife or husband
        Payment of the former participant's lump-sum credit shall be
      subject to the terms of a court order under section 2094(c) of
      this title concerning any former wife or husband of the former
      participant if - 
          (A) the court order expressly relates to any portion of such
        lump-sum credit; and
          (B) payment of the lump-sum credit would extinguish
        entitlement of such former wife or husband to a survivor
        annuity under section 2036 of this title or to any portion of
        the participant's annuity under section 2094(c) of this title.
      (4) Notification
        A lump-sum credit may be paid to or for the benefit of a former
      participant - 
          (A) only upon written notification to (i) the current spouse,
        if any, (ii) any former spouse, and (iii) any former wife or
        husband who has a court order covered by paragraph (3); and
          (B) only if the express written concurrence of the current
        spouse has been received by the Director.

      This paragraph may be waived under circumstances described in
      section 2031(b)(1)(D) of this title.
    (c) Order of precedence of payment
      A lump-sum payment authorized by subsection (d) or (e) of this
    section 2121(d) (!1) of this title and a payment of any accrued and
    unpaid annuity authorized by subsection (f) of this section shall
    be paid in the following order of precedence to individuals
    surviving the participant and alive on the date entitlement to the
    payment arises, upon establishment of a valid claim therefor, and
    such payment bars recovery by any other individual:

        (1) To the beneficiary or beneficiaries designated by such
      participant in a signed and witnessed writing received by the
      Director before the participant's death. For this purpose, a
      designation, change, or cancellation of beneficiary in a will or
      other document not so executed and filed with the Director shall
      have no force or effect.
        (2) If there is no designated beneficiary, to the surviving
      wife or husband of such participant.
        (3) If none of the above, to the child or children of such
      participant and descendent of deceased children by
      representation.
        (4) If none of the above, to the parents of such participant or
      the survivor of them.
        (5) If none of the above, to the duly appointed executor or
      administrator of the estate of such participant.
        (6) If none of the above, to such other next of kin of such
      participant as the Director determines to be legally entitled to
      such payment.
    (d) Death of former participant before retirement
      (1) In general
        Except as provided in paragraph (2), if a former participant
      eligible for a deferred annuity under section 2054 of this title
      dies before reaching age 62, such former participant's lump-sum
      credit shall be paid in accordance with subsection (c) of this
      section.
      (2) Limitation
        In any case where there is a surviving former spouse or
      surviving former wife or husband of such participant who is
      entitled to a share of such participant's lump-sum credit under
      paragraphs (2) and (3) of subsection (b) of this section, the
      lump-sum credit payable under paragraph (1) shall be reduced by
      the lump-sum credit payable to such former spouse or former wife
      or husband.
    (e) Termination of all annuity rights
      If all annuity rights under this subchapter based on the service
    of a deceased participant or annuitant terminate before the total
    annuity paid equals the lump-sum credit, the difference shall be
    paid in accordance with subsection (c) of this section.
    (f) Payment of accrued and unpaid annuity when retired participant
      dies
      If a retired participant dies, any annuity accrued and unpaid
    shall be paid in accordance with subsection (c) of this section.
    (g) Termination of survivor annuity
      An annuity accrued and unpaid on the termination, except by
    death, of the annuity of a survivor annuitant shall be paid to that
    individual. An annuity accrued and unpaid on the death of a
    survivor annuitant shall be paid in the following order of
    precedence, and the payment bars recovery by any other individual:
        (1) To the duly appointed executor or administrator of the
      estate of the survivor annuitant.
        (2) If there is no executor or administrator, to such next of
      kin of the survivor annuitant as the Director determines to be
      legally entitled to such payment, except that no payment shall be
      made under this paragraph until after the expiration of 30 days
      from the date of death of the survivor annuitant.

-SOURCE-
    (Pub. L. 88-643, title II, Sec. 241, as added Pub. L. 102-496,
    title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3226; amended Pub.
    L. 103-178, title II, Sec. 202(a)(11), Dec. 3, 1993, 107 Stat.
    2026.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 241 of Pub. L. 88-643, title II, Oct. 13, 1964,
    78 Stat. 1049; Pub. L. 94-522, title II, Sec. 209, Oct. 17, 1976,
    90 Stat. 2471; Ex. Ord. No. 12443, Sec. 5, Sept. 27, 1983, 48 F.R.
    44752; Pub. L. 99-335, title V, Sec. 501(2), June 6, 1986, 100
    Stat. 622, related to disposition of contributions and interest in
    excess of benefits received and was set out as a note under section
    403 of this title prior to the general amendment of Pub. L. 88-643
    by section 802 of Pub. L. 102-496.

                                AMENDMENTS                            
      1993 - Subsec. (c). Pub. L. 103-178, Sec. 202(a)(11)(A),
    substituted "A lump-sum payment authorized by subsection (d) or (e)
    of this section 2121(d) of this title and a payment of any accrued
    and unpaid annuity authorized by subsection (f) of this section"
    for "A lump-sum benefit that would have been payable to a
    participant, former participant, or annuitant, or to a survivor
    annuitant, authorized by subsection (d) or (e) of this section or
    by section 2054(b) or 2121(d) of this title".
      Subsecs. (f), (g). Pub. L. 103-178, Sec. 202(a)(11)(B), added
    subsec. (f) and redesignated former subsec. (f) as (g).

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by Pub. L. 103-178 effective Feb. 1, 1993, see section
    202(b) of Pub. L. 103-178, set out as a note under section 2001 of
    this title.

-FOOTNOTE-
    (!1) So in original. The words "of this section 2121(d)" probably
         should be "of this section or by section 2121(d)".

-End-

-CITE-
    50 USC Part F - Period of Service for Annuities             01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
                     DISABILITY SYSTEM         
    Part F - Period of Service for Annuities

-HEAD-
                 PART F - PERIOD OF SERVICE FOR ANNUITIES             

-End-

-CITE-
    50 USC Sec. 2081                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
                     DISABILITY SYSTEM         
    Part F - Period of Service for Annuities

-HEAD-
    Sec. 2081. Computation of length of service

-STATUTE-
    (a) In general
      (1) Crediting service as participant
        For the purposes of this subchapter, the period of service of a
      participant shall be computed from the date on which the
      participant becomes a participant under this subchapter.
      (2) Exclusion of certain periods
        In computing the period of service of a participant, all
      periods of separation from the Agency and so much of any leave of
      absence without pay as may exceed six months in the aggregate in
      any calendar year shall be excluded, except leaves of absence
      while receiving benefits under chapter 81 of title 5 and leaves
      of absence granted participants while performing active and
      honorable service in the Armed Forces.
      (3) Crediting certain periods of separation
        A participant or former participant who returns to Government
      duty after a period of separation shall have included in the
      participant or former participant's period of service that part
      of the period of separation in which the participant or former
      participant was receiving benefits under chapter 81 of title 5.
    (b) Extra credit for periods served at unhealthful posts overseas
      (1) Classification of certain posts as unhealthful
        The Director may from time to time establish a list of places
      outside the United States that, by reason of climatic or other
      extreme conditions, are to be classed as unhealthful posts. Such
      list shall be established in consultation with the Secretary of
      State.
      (2) Extra credit
        Each year of duty at a post on the list established under
      paragraph (1), inclusive of regular leaves of absence, shall be
      counted as one and a half years in computing the length of
      service of a participant under this subchapter for the purpose of
      retirement. In computing such service, any fractional month shall
      be treated as a full month.
      (3) Coordination with benefits under title 5
        Extra credit for service at an unhealthful post may not be
      credited to a participant who is paid a differential under
      section 5925 or 5928 of title 5 for the same service.

-SOURCE-
    (Pub. L. 88-643, title II, Sec. 251, as added Pub. L. 102-496,
    title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3228.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 251 of Pub. L. 88-643, title II, Oct. 13, 1964,
    78 Stat. 1050; Pub. L. 94-522, title II, Sec. 210, Oct. 17, 1976,
    90 Stat. 2471; Pub. L. 99-169, title VII, Sec. 702, Dec. 4, 1985,
    99 Stat. 1008; Pub. L. 99-335, title V, Sec. 501(2), June 6, 1986,
    100 Stat. 622, related to computation of length of service and was
    set out as a note under section 403 of this title prior to the
    general amendment of Pub. L. 88-643 by section 802 of Pub. L. 102-
    496.

-End-

-CITE-
    50 USC Sec. 2082                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
                     DISABILITY SYSTEM         
    Part F - Period of Service for Annuities

-HEAD-
    Sec. 2082. Prior service credit

-STATUTE-
    (a) In general
      A participant may, subject to the provisions of this section,
    include in the participant's period of service - 
        (1) civilian service in the Government before becoming a
      participant that would be creditable toward retirement under
      subchapter III of chapter 83 of title 5 (as determined under
      section 8332(b) of such title); and
        (2) honorable active service in the Armed Forces before the
      date of the separation upon which eligibility for an annuity is
      based, or honorable active service in the Regular or Reserve
      Corps of the Public Health Service after June 30, 1960, or as a
      commissioned officer of the National Oceanic and Atmospheric
      Administration after June 30, 1961.
    (b) Limitations
      (1) In general
        Except as provided in paragraphs (2) and (3), the total service
      of any participant shall exclude - 
          (A) any period of civilian service on or after October 1,
        1982, for which retirement deductions or deposits have not been
        made,
          (B) any period of service for which a refund of contributions
        has been made, or
          (C) any period of service for which contributions were not
        transferred pursuant to subsection (c)(1) of this section;

      unless the participant makes a deposit to the fund in an amount
      equal to the percentages of basic pay received for such service
      as specified in the table contained in section 8334(c) of title
      5, together with interest computed in accordance with section
      8334(e) of such title. The deposit may be made in one or more
      installments (including by allotment from pay), as determined by
      the Director.
      (2) Effect of retirement deductions not made
        If a participant has not paid a deposit for civilian service
      performed before October 1, 1982, for which retirement deductions
      were not made, such participant's annuity shall be reduced by 10
      percent of the deposit described in paragraph (1) remaining
      unpaid, unless the participant elects to eliminate the service
      involved for the purpose of the annuity computation.
      (3) Effect of refund of retirement contributions
        A participant who received a refund of retirement contributions
      under this or any other retirement system for Government
      employees covering service for which the participant may be
      allowed credit under this subchapter may deposit the amount
      received, with interest computed under paragraph (1). Credit may
      not be allowed for the service covered by the refund until the
      deposit is made, except that a participant who - 
          (A) separated from Government service before October 1, 1990,
        and received a refund of the participant's retirement
        contributions covering a period of service ending before
        October 1, 1990;
          (B) is entitled to an annuity under this subchapter (other
        than a disability annuity) which commences after December 1,
        1992; and
          (C) does not make the deposit required to receive credit for
        the service covered by the refund;

      shall be entitled to an annuity actuarially reduced in accordance
      with section 8334(d)(2)(B) of title 5.
      (4) Entitlement under another system
        Credit toward retirement under the system shall not be allowed
      for any period of civilian service on the basis of which the
      participant is receiving (or will in the future be entitled to
      receive) an annuity under another retirement system for
      Government employees, unless the right to such annuity is waived
      and a deposit is made under paragraph (1) covering that period of
      service, or a transfer is made pursuant to subsection (c) of this
      section.
    (c) Transfer from other Government retirement systems
      (1) In general
        If an employee who is under another retirement system for
      Government employees becomes a participant in the system by
      direct transfer, the Government's contributions (including
      interest accrued thereon computed in accordance with section
      8334(e) of title 5) under such retirement system on behalf of the
      employee as well as such employee's total contributions and
      deposits (including interest accrued thereon), except voluntary
      contributions, shall be transferred to the employee's credit in
      the fund effective as of the date such employee becomes a
      participant in the system.
      (2) Consent of employee
        Each such employee shall be deemed to consent to the transfer
      of such funds, and such transfer shall be a complete discharge
      and acquittance of all claims and demands against the other
      Government retirement fund on account of service rendered before
      becoming a participant in the system.
      (3) Additional contributions; refunds
        A participant whose contributions are transferred pursuant to
      paragraph (1) shall not be required to make additional
      contributions for periods of service for which full contributions
      were made to the other Government retirement fund, nor shall any
      refund be made to any such participant on account of
      contributions made during any period to the other Government
      retirement fund at a higher rate than that fixed for employees by
      section 8334(c) of title 5 for contributions to the fund.
    (d) Transfer to other Government retirement systems
      (1) In general
        If a participant in the system becomes an employee under
      another Government retirement system by direct transfer to
      employment covered by such system, the Government's contributions
      (including interest accrued thereon computed in accordance with
      section 8334(e) of title 5) to the fund on the participant's
      behalf as well as the participant's total contributions and
      deposits (including interest accrued thereon), except voluntary
      contributions, shall be transferred to the participant's credit
      in the fund of such other retirement system effective as of the
      date on which the participant becomes eligible to participate in
      such other retirement system.
      (2) Consent of employee
        Each such employee shall be deemed to consent to the transfer
      of such funds, and such transfer shall be a complete discharge
      and acquittance of all claims and demands against the fund on
      account of service rendered before the participant's becoming
      eligible for participation in that other system.
    (e) Prior military service credit
      (1) Application to obtain credit
        If a deposit required to obtain credit for prior military
      service described in subsection (a)(2) of this section was not
      made to another Government retirement fund and transferred under
      subsection (c)(1) of this section, the participant may obtain
      credit for such military service, subject to the provisions of
      this subsection and subsections (f) through (h) of this section,
      by applying for it to the Director before retirement or
      separation from the Agency.
      (2) Employment starting before, on, or after October 1, 1982
        Except as provided in paragraph (3) - 
          (A) the service of a participant who first became a Federal
        employee before October 1, 1982, shall include credit for each
        period of military service performed before the date of
        separation on which entitlement to an annuity under this
        subchapter is based, subject to subsection (f) of this section;
        and
          (B) the service of a participant who first becomes a Federal
        employee on or after October 1, 1982, shall include credit for -
         
            (i) each period of military service performed before
          January 1, 1957, and
            (ii) each period of military service performed after
          December 31, 1956, and before the separation on which
          entitlement to an annuity under this subchapter is based,
          only if a deposit (with interest, if any) is made with
          respect to that period, as provided in subsection (h) of this
          section.
      (3) Effect of receipt of military retired pay
        In the case of a participant who is entitled to retired pay
      based on a period of military service, the participant's service
      may not include credit for such period of military service unless
      the retired pay is paid - 
          (A) on account of a service-connected disability - 
            (i) incurred in combat with an enemy of the United States;
          or
            (ii) caused by an instrumentality of war and incurred in
          the line of duty during a period of war (as defined in
          section 1101 of title 38); or

          (B) under chapter 67 (!1) of title 10.

      (4) Survivor annuity
        Notwithstanding paragraph (3), the survivor annuity of a
      survivor of a participant - 
          (A) who was awarded retired pay based on any period of
        military service, and
          (B) whose death occurs before separation from the Agency,

      shall be computed in accordance with section 8332(c)(3) of title
      5.
    (f) Effect of entitlement to social security benefits
      (1) In general
        Notwithstanding any other provision of this section (except
      paragraph (3) of this subsection) or section 2083 of this title,
      any military service (other than military service covered by
      military leave with pay from a civilian position) performed by a
      participant after December 1956 shall be excluded in determining
      the aggregate period of service on which an annuity payable under
      this subchapter to such participant or to the participant's
      spouse, former spouse, previous spouse, or child is based, if
      such participant, spouse, former spouse, previous spouse, or
      child is entitled (or would upon proper application be entitled),
      at the time of such determination, to monthly old-age or
      survivors' insurance benefits under section 402 of title 42,
      based on such participant's wages and self-employment income. If
      the military service is not excluded under the preceding
      sentence, but upon attaining age 62, the participant or spouse,
      former spouse, or previous spouse becomes entitled (or would upon
      proper application be entitled) to such benefits, the aggregate
      period of service on which the annuity is based shall be
      redetermined, effective as of the first day of the month in which
      the participant or spouse, former spouse, or previous spouse
      attains age 62, so as to exclude such service.
      (2) Limitation
        The provisions of paragraph (1) relating to credit for military
      service do not apply to - 
          (A) any period of military service of a participant with
        respect to which the participant has made a deposit with
        interest, if any, under subsection (h) of this section; or
          (B) the military service of any participant described in
        subsection (e)(2)(B) of this section.
      (3) Effect of entitlement before September 8, 1982
        (A) The annuity recomputation required by paragraph (1) shall
      not apply to any participant who was entitled to an annuity under
      this subchapter on or before September 8, 1982, or who is
      entitled to a deferred annuity based on separation from the
      Agency occurring on or before such date. Instead of an annuity
      recomputation, the annuity of such participant shall be reduced
      at age 62 by an amount equal to a fraction of the participant's
      old-age or survivors' insurance benefits under section 402 of
      title 42. The reduction shall be determined by multiplying the
      participant's monthly Social Security benefit by a fraction, the
      numerator of which is the participant's total military wages and
      deemed additional wages (within the meaning of section 429 of
      title 42) that were subject to Social Security deductions and the
      denominator of which is the total of all the participant's wages,
      including military wages, and all self-employment income that
      were subject to Social Security deductions before the calendar
      year in which the determination month occurs.
        (B) The reduction determined in accordance with subparagraph
      (A) shall not be greater than the reduction that would be
      required under paragraph (1) if such paragraph applied to the
      participant. The new formula shall be applicable to any annuity
      payment payable after October 1, 1982, including annuity payments
      to participants who had previously reached age 62 and whose
      annuities had already been recomputed.
        (C) For purposes of this paragraph, the term "determination
      month" means - 
          (i) the first month for which the participant is entitled to
        old-age or survivors' insurance benefits (or would be entitled
        to such benefits upon application therefor); or
          (ii) October 1982, in the case of any participant entitled to
        such benefits for that month.
    (g) Deposits paid by survivors
      For the purpose of survivor annuities, deposits authorized by
    subsections (b) and (h) of this section may also be made by the
    survivor of a participant.
    (h) Deposits for periods of military service
      (1)(A) Each participant who has performed military service before
    the date of separation on which entitlement to an annuity under
    this subchapter is based may pay to the Agency an amount equal to 7
    percent of the amount of basic pay paid under section 204 of title
    37 to the participant for each period of military service after
    December 1956; except, the amount to be paid for military service
    performed beginning on January 1, 1999, through December 31, 2000,
    shall be as follows:

                   7.25 percent of     January 1, 1999, to December 31, 
                    basic pay           1999.                           
                   7.4 percent of      January 1, 2000, to December 31, 
                    basic pay           2000.                           
    --------------------------------------------------------------------

      (B) The amount of such payments shall be based on such evidence
    of basic pay for military service as the participant may provide
    or, if the Director determines sufficient evidence has not been
    provided to adequately determine basic pay for military service,
    such payment shall be based upon estimates of such basic pay
    provided to the Director under paragraph (4).
      (2) Any deposit made under paragraph (1) more than two years
    after the later of - 
        (A) October 1, 1983, or
        (B) the date on which the participant making the deposit first
      becomes an employee of the Federal Government,

    shall include interest on such amount computed and compounded
    annually beginning on the date of expiration of the two-year
    period. The interest rate that is applicable in computing interest
    in any year under this paragraph shall be equal to the interest
    rate that is applicable for such year under section 8334(e) of
    title 5.
      (3) Any payment received by the Director under this subsection
    shall be deposited in the Treasury of the United States to the
    credit of the fund.
      (4) The provisions of section 2031(k) of this title shall apply
    with respect to such information as the Director determines to be
    necessary for the administration of this subsection in the same
    manner that such section applies concerning information described
    in that section.

-SOURCE-
    (Pub. L. 88-643, title II, Sec. 252, as added Pub. L. 102-496,
    title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3229; amended Pub.
    L. 105-33, title VII, Sec. 7001(c)(3), Aug. 5, 1997, 111 Stat. 659;
    Pub. L. 106-346, Sec. 101(a) [title V, Sec. 505(c)(2)], Oct. 23,
    2000, 114 Stat. 1356, 1356A-53.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Chapter 67 of title 10, referred to in subsec. (e)(3)(B), was
    transferred to part II of subtitle E of Title 10, Armed Forces,
    renumbered as chapter 1223, and amended generally by Pub. L. 103-
    337, div. A, title XVI, Sec. 1662(j)(1), Oct. 5, 1994, 108 Stat.
    2998. A new chapter 67 (Sec. 1331) of Title 10 was added by section
    1662(j)(7) of Pub. L. 103-337.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 252 of Pub. L. 88-643, title II, Oct. 13, 1964,
    78 Stat. 1050; Pub. L. 91-626, Secs. 5, 6, Dec. 31, 1970, 84 Stat.
    1872; Pub. L. 94-522, title II, Sec. 211, Oct. 17, 1976, 90 Stat.
    2471; Ex. Ord. No. 12443, Secs. 9-11, 15, Sept. 27, 1983, 48 F.R.
    44753, 44755; Ex. Ord. No. 12485, July 13, 1984, 49 F.R. 28827;
    Pub. L. 99-335, title V, Sec. 501(2), June 6, 1986, 100 Stat. 622;
    Pub. L. 102-83, Sec. 5(c)(2), Aug. 6, 1991, 105 Stat. 406, related
    to prior service credit and was set out as a note under section 403
    of this title prior to the general amendment of Pub. L. 88-643 by
    section 802 of Pub. L. 102-496.

                                AMENDMENTS                            
      2000 - Subsec. (h)(1)(A). Pub. L. 106-346, in introductory
    provisions, substituted "December 31, 2000" for "December 31, 2002"
    and in table struck out item at end relating to payment of 7.5
    percent of basic pay for service period January 1, 2001, to
    December 31, 2002.
      1997 - Subsec. (h)(1). Pub. L. 105-33 amended par. (1) generally.
    Prior to amendment, par. (1) read as follows: "Each participant who
    has performed military service before the date of separation on
    which entitlement to an annuity under this subchapter is based may
    pay to the Agency an amount equal to 7 percent of the amount of
    basic pay paid under section 204 of title 37 to the participant for
    each period of military service after December 1956. The amount of
    such payments shall be based on such evidence of basic pay for
    military service as the participant may provide or, if the Director
    determines sufficient evidence has not been provided to adequately
    determine basic pay for military service, such payment shall be
    based upon estimates of such basic pay provided to the Director
    under paragraph (4)."

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Amendment by Pub. L. 106-346 effective upon the close of calendar
    year 2000 and applicable thereafter, see section 101(a) [title V,
    Sec. 505(i)] of Pub. L. 106-346, set out as a note under section
    8334 of Title 5, Government Organization and Employees.

                     EFFECTIVE DATE OF 1997 AMENDMENT                 
      Amendment by Pub. L. 105-33 effective Oct. 1, 1997, see section
    7001(f) of Pub. L. 105-33, set out as a note under section 8334 of
    Title 5, Government Organization and Employees.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    50 USC Sec. 2083                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
                     DISABILITY SYSTEM         
    Part F - Period of Service for Annuities

-HEAD-
    Sec. 2083. Credit for service while on military leave

-STATUTE-
    (a) General rule
      A participant who, during the period of any war or of any
    national emergency as proclaimed by the President or declared by
    the Congress, leaves the participant's position in the Agency to
    enter military service shall not be considered, for purposes of
    this subchapter, as separated from the participant's position in
    the Agency by reason of such military service, unless the
    participant applies for and receives a refund of contributions
    under this subchapter. Such a participant may not be considered as
    retaining such position in the Agency after December 31, 1956, or
    upon the expiration of five years of such military service,
    whichever is later.
    (b) Waiver of contributions
      Except to the extent provided under section 2082(e) or 2082(h) of
    this title, contributions shall not be required covering periods of
    leave of absence from the Agency granted a participant while
    performing active service in the Armed Forces.

-SOURCE-
    (Pub. L. 88-643, title II, Sec. 253, as added Pub. L. 102-496,
    title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3234.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 253 of Pub. L. 88-643, title II, Oct. 13, 1964,
    78 Stat. 1052; Pub. L. 99-335, title V, Sec. 501(2), June 6, 1986,
    100 Stat. 622, related to credit for service while on military
    leave and was set out as a note under section 403 of this title
    prior to the general amendment of Pub. L. 88-643 by section 802 of
    Pub. L. 102-496.

-End-

-CITE-
    50 USC Part G - Moneys                                      01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
                     DISABILITY SYSTEM         
    Part G - Moneys

-HEAD-
                              PART G - MONEYS                          

-End-

-CITE-
    50 USC Sec. 2091                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
                     DISABILITY SYSTEM         
    Part G - Moneys

-HEAD-
    Sec. 2091. Estimate of appropriations needed

-STATUTE-
    (a) Estimates of annual appropriations
      The Director shall prepare the estimates of the annual
    appropriations required to be made to the fund.
    (b) Actuarial valuations
      The Director shall cause to be made actuarial valuations of the
    fund at such intervals as the Director determines to be necessary,
    but not less often than every five years.
    (c) Changes in law affecting actuarial status of fund
      Any statute which authorizes - 
        (1) new or increased benefits payable from the fund under this
      subchapter, including annuity increases other than under section
      2131 of this title;
        (2) extension of the coverage of this subchapter to new groups
      of employees; or
        (3) increases in pay on which benefits are computed;

    is deemed to authorize appropriations to the fund in order to
    provide funding for the unfunded liability created by that statute,
    in 30 equal annual installments with interest computed at the rate
    used in the then most recent valuation of the system and with the
    first payment thereof due as of the end of the fiscal year in which
    such new or liberalized benefit, extension of coverage, or increase
    in pay is effective.
    (d) Authorization
      There is hereby authorized to be appropriated to the fund for
    each fiscal year such amounts as may be necessary to meet the
    amount of normal cost for each year that is not met by
    contributions under section 2021(a) of this title.
    (e) Unfunded liability; credit allowed for military service
      There is hereby authorized to be appropriated to the fund for
    each fiscal year such sums as may be necessary to provide the
    amount equivalent to - 
        (1) interest on the unfunded liability computed for that year
      at the interest rate used in the then most recent valuation of
      the system; and
        (2) that portion of disbursement for annuities for that year
      that the Director estimates is attributable to credit allowed for
      military service,

    less an amount determined by the Director to be appropriate to
    reflect the value of the deposits made to the credit of the fund
    under section 2082(h) of this title.

-SOURCE-
    (Pub. L. 88-643, title II, Sec. 261, as added Pub. L. 102-496,
    title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3234.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 261 of Pub. L. 88-643, title II, Oct. 13, 1964,
    78 Stat. 1052; Pub. L. 94-522, title I, Sec. 102, Oct. 17, 1976, 90
    Stat. 2467; Ex. Ord. No. 12443, Sec. 12, Sept. 27, 1983, 48 F.R.
    44754; Pub. L. 99-335, title V, Sec. 501(2), (3), June 6, 1986, 100
    Stat. 622, related to estimate of appropriations needed and was set
    out as a note under section 403 of this title prior to the general
    amendment of Pub. L. 88-643 by section 802 of Pub. L. 102-496.

-End-

-CITE-
    50 USC Sec. 2092                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
                     DISABILITY SYSTEM         
    Part G - Moneys

-HEAD-
    Sec. 2092. Investment of moneys in fund

-STATUTE-
      The Director may, with the approval of the Secretary of the
    Treasury, invest from time to time in interest-bearing securities
    of the United States such portions of the fund as in the Director's
    judgment may not be immediately required for the payment of
    annuities, cash benefits, refunds, and allowances from the fund.
    The income derived from such investments shall be credited to and
    constitute a part of the fund.

-SOURCE-
    (Pub. L. 88-643, title II, Sec. 262, as added Pub. L. 102-496,
    title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3235.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 262 of Pub. L. 88-643, title II, Oct. 13, 1964,
    78 Stat. 1052, related to investment of moneys in the fund and was
    set out as a note under section 403 of this title prior to the
    general amendment of Pub. L. 88-643 by section 802 of Pub. L. 102-
    496.

-End-

-CITE-
    50 USC Sec. 2093                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
                     DISABILITY SYSTEM         
    Part G - Moneys

-HEAD-
    Sec. 2093. Payment of benefits

-STATUTE-
    (a) Annuities stated as annual amounts
      Each annuity is stated as an annual amount,  1/12  of which,
    rounded to the next lowest dollar, constitutes the monthly rate
    payable on the first business day of the month after the month or
    other period for which it has accrued.
    (b) Commencement of annuity
      (1) Commencement of annuity for participants generally
        Except as otherwise provided in paragraph (2), the annuity of a
      participant who has met the eligibility requirements for an
      annuity shall commence on the first day of the month after
      separation from the Agency or after pay ceases and the service
      and age requirements for title to an annuity are met.
      (2) Exceptions
        The annuity of - 
          (A) a participant involuntarily separated from the Agency;
          (B) a participant retiring under section 2051 of this title
        due to a disability; and
          (C) a participant who serves 3 days or less in the month of
        retirement;

      shall commence on the day after separation from the Agency or the
      day after pay ceases and the service and age or disability
      requirements for title to annuity are met.
      (3) Other annuities
        Any other annuity payable from the fund commences on the first
      day of the month after the occurrence of the event on which
      payment thereof is based.
    (c) Termination of annuity
      An annuity payable from the fund shall terminate - 
        (1) in the case of a retired participant, on the day death or
      any other terminating event provided by this subchapter occurs;
      or
        (2) in the case of a former spouse or a survivor, on the last
      day of the month before death or any other terminating event
      occurs.
    (d) Application for survivor annuities
      The annuity to a survivor shall become effective as otherwise
    specified but shall not be paid until the survivor submits an
    application for such annuity, supported by such proof of
    eligibility as the Director may require. If such application or
    proof of eligibility is not submitted during the lifetime of an
    otherwise eligible individual, no annuity shall be due or payable
    to the individual's estate.
    (e) Waiver of annuity
      An individual entitled to an annuity from the fund may decline to
    accept all or any part of the annuity by submitting a signed waiver
    to the Director. The waiver may be revoked in writing at any time.
    Payment of the annuity waived may not be made for the period during
    which the waiver is in effect.
    (f) Limitations
      (1) Application before 115th anniversary
        No payment shall be made from the fund unless an application
      for benefits based on the service of the participant is received
      by the Director before the 115th anniversary of the participant's
      birth.
      (2) Application within 30 years
        Notwithstanding paragraph (1), after the death of a participant
      or retired participant, no benefit based on that participant's
      service may be paid from the fund unless an application for the
      benefit is received by the Director within 30 years after the
      death or other event which gives rise to eligibility for the
      benefit.
    (g) Withholding of State income tax from annuities
      (1) Agreements with States
        The Director shall, in accordance with this subsection, enter
      into an agreement with any State within 120 days of a request for
      agreement from the proper State official. The agreement shall
      provide that the Director shall withhold State income tax in the
      case of the monthly annuity of any annuitant who voluntarily
      requests, in writing, such withholding. The amounts withheld
      during any calendar quarter shall be held in the Fund (!1) and
      disbursed to the States during the month following that calendar
      quarter.

      (2) Limitation on multiple requests
        An annuitant may have in effect at any time only one request
      for withholding under this subsection, and an annuitant may not
      have more than two such requests during any one calendar year.
      (3) Change in State designation
        Subject to paragraph (2), an annuitant may change the State
      designated by that annuitant for purposes of having withholdings
      made, and may request that the withholdings be remitted in
      accordance with such change. An annuitant also may revoke any
      request of that annuitant for withholding. Any change in the
      State designated or revocation is effective on the first day of
      the month after the month in which the request or the revocation
      is processed by the Director, but in no event later than on the
      first day of the second month beginning after the day on which
      such request or revocation is received by the Director.
      (4) General provisions
        This subsection does not give the consent of the United States
      to the application of a statute which imposes more burdensome
      requirements of the United States than on employers generally, or
      which subjects the United States or any annuitant to a penalty or
      liability because of this subsection. The Director may not accept
      pay from a State for services performed in withholding State
      income taxes from annuities. Any amount erroneously withheld from
      an annuity and paid to a State by the Director shall be repaid by
      the State in accordance with regulations prescribed by the
      Director.
      (5) "State" defined
        For the purpose of this subsection, the term "State" includes
      the District of Columbia and any territory or possession of the
      United States.

-SOURCE-
    (Pub. L. 88-643, title II, Sec. 263, as added Pub. L. 102-496,
    title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3235.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 263 of Pub. L. 88-643, title II, Oct. 13, 1964,
    78 Stat. 1052; Pub. L. 97-269, title VI, Sec. 609, Sept. 27, 1982,
    96 Stat. 1153; Pub. L. 99-335, title V, Sec. 501(2), June 6, 1986,
    100 Stat. 622, related to attachment of moneys and was set out as a
    note under section 403 of this title prior to the general amendment
    of Pub. L. 88-643 by section 802 of Pub. L. 102-496.

-FOOTNOTE-
    (!1) So in original. Probably should not be capitalized.

-End-

-CITE-
    50 USC Sec. 2094                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
                     DISABILITY SYSTEM         
    Part G - Moneys

-HEAD-
    Sec. 2094. Attachment of moneys

-STATUTE-
    (a) Exemption from legal process
      Except as provided in subsections (b), (c), and (e) of this
    section, none of the moneys mentioned in this subchapter shall be
    assignable either in law or equity, or be subject to execution,
    levy, attachment, garnishment, or other legal process, except as
    otherwise may be provided by Federal laws.
    (b) Payment to former spouses under court order or spousal
      agreement
      In the case of any participant, former participant, or retired
    participant who has a former spouse who is covered by a court order
    or who is a party to a spousal agreement - 
        (1) any right of the former spouse to any annuity under section
      2032(a) of this title in connection with any retirement or
      disability annuity of the participant, and the amount of any such
      annuity;
        (2) any right of the former spouse of a participant or retired
      participant to a survivor annuity under section 2032(b) or
      2032(c) of this title, and the amount of any such annuity; and
        (3) any right of the former spouse of a former participant to
      any payment of a lump-sum credit under section 2071(b) of this
      title, and the amount of any such payment;

    shall be determined in accordance with that spousal agreement or
    court order, if and to the extent expressly provided for in the
    terms of the spousal agreement or court order that are not
    inconsistent with the requirements of this subchapter.
    (c) Other payments under court orders
      Payments under this subchapter that would otherwise be made to a
    participant, former participant, or retired participant based upon
    that participant's service shall be paid, in whole or in part, by
    the Director to another individual if and to the extent expressly
    provided for in the terms of any court decree of divorce,
    annulment, or legal separation, or the terms of any court order or
    court-approved property settlement agreement incident to any court
    decree of divorce, annulment, or legal separation.
    (d) Prospective payments; bar to recovery
      (1) Subsections (b) and (c) of this section apply only to
    payments made under this subchapter for periods beginning after the
    date of receipt by the Director of written notice of such decree,
    order, or agreement and such additional information and
    documentation as the Director may require.
      (2) Any payment under subsection (b) or (c) of this section to an
    individual bars recovery by any other individual.
    (e) Allotments
      An individual entitled to an annuity from the fund may make
    allotments or assignments of amounts from such annuity for such
    purposes as the Director considers appropriate.

-SOURCE-
    (Pub. L. 88-643, title II, Sec. 264, as added Pub. L. 102-496,
    title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3237; amended Pub.
    L. 103-178, title II, Sec. 202(a)(12), Dec. 3, 1993, 107 Stat.
    2027.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 264 of Pub. L. 88-643, as added Pub. L. 94-522,
    title II, Sec. 212, Oct. 17, 1976, 90 Stat. 2471, related to
    recovery of payments and was set out as a note under section 403 of
    this title prior to the general amendment of Pub. L. 88-643 by
    section 802 of Pub. L. 102-496. See section 2095 of this title.

                                AMENDMENTS                            
      1993 - Subsec. (b)(2). Pub. L. 103-178, Sec. 202(a)(12)(A),
    inserted "and" at end.
      Subsec. (b)(3). Pub. L. 103-178, Sec. 202(a)(12)(B), substituted
    ", and the amount of any such payment;" for "and to any payment of
    a return of contributions under section 2054(a) of this title;
    and".
      Subsec. (b)(4). Pub. L. 103-178, Sec. 202(a)(12)(C), struck out
    par. (4) which read as follows: "any right of the former spouse of
    a participant or former participant to a lump-sum payment or
    additional annuity payable from a voluntary contribution account
    under section 2121 of this title;".

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by Pub. L. 103-178 effective Feb. 1, 1993, see section
    202(b) of Pub. L. 103-178, set out as a note under section 2001 of
    this title.

-End-

-CITE-
    50 USC Sec. 2095                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
                     DISABILITY SYSTEM         
    Part G - Moneys

-HEAD-
    Sec. 2095. Recovery of payments

-STATUTE-
      Recovery of payments under this subchapter may not be made from
    an individual when, in the judgment of the Director, the individual
    is without fault and recovery would be against equity and good
    conscience. Withholding or recovery of money payable pursuant to
    this subchapter on account of a certification or payment made by a
    former employee of the Agency in the discharge of the former
    employee's official duties may be made if the Director certifies
    that the certification or payment involved fraud on the part of the
    former employee.

-SOURCE-
    (Pub. L. 88-643, title II, Sec. 265, as added Pub. L. 102-496,
    title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3237; amended Pub.
    L. 103-178, title II, Sec. 202(a)(13), Dec. 3, 1993, 107 Stat.
    2027.)

-MISC1-
                                AMENDMENTS                            
      1993 - Pub. L. 103-178 substituted "subchapter" for "chapter" in
    two places.

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by Pub. L. 103-178 effective Feb. 1, 1993, see section
    202(b) of Pub. L. 103-178, set out as a note under section 2001 of
    this title.

-End-

-CITE-
    50 USC Part H - Retired Participants Recalled,
                     Reinstated, or Reappointed in
                     Agency or Reemployed in Government    01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
                     DISABILITY SYSTEM         
    Part H - Retired Participants Recalled, Reinstated, or Reappointed
              in Agency or Reemployed in Government   

-HEAD-
    PART H - RETIRED PARTICIPANTS RECALLED, REINSTATED, OR REAPPOINTED
                   IN AGENCY OR REEMPLOYED IN GOVERNMENT

-End-

-CITE-
    50 USC Sec. 2111                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
                     DISABILITY SYSTEM         
    Part H - Retired Participants Recalled, Reinstated, or Reappointed
              in Agency or Reemployed in Government   

-HEAD-
    Sec. 2111. Recall

-STATUTE-
    (a) Authority to recall
      The Director may, with the consent of a retired participant,
    recall that participant to service in the Agency whenever the
    Director determines that such recall is in the public interest.
    (b) Pay of retired participant while serving
      A retired participant recalled to duty in the Agency under
    subsection (a) of this section or reinstated or reappointed in
    accordance with section 2051(b) (!1) of this title shall, while so
    serving, be entitled, in lieu of the retired participant's annuity,
    to the full basic pay of the grade in which the retired participant
    is serving. During such service, the retired participant shall make
    contributions to the fund in accordance with section 2021 of this
    title.

    (c) Recomputation of annuity
      When the retired participant reverts to retired status, the
    annuity of the retired participant shall be redetermined in
    accordance with section 2031 of this title.

-SOURCE-
    (Pub. L. 88-643, title II, Sec. 271, as added Pub. L. 102-496,
    title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3238.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 271 of Pub. L. 88-643, title II, Oct. 13, 1964,
    78 Stat. 1052, related to recalled participants and was set out as
    a note under section 403 of this title prior to the general
    amendment of Pub. L. 88-643 by section 802 of Pub. L. 102-496.

                  WAIVER OF DUAL COMPENSATION PROVISIONS              
      For waiver of application of the dual compensation reduction
    provisions of this section for temporary employees during an
    emergency, see Ex. Ord. No. 13236, Nov. 27, 2001, 66 F.R. 59671,
    set out as a note under section 2141 of this title.

-FOOTNOTE-
    (!1) So in original. Probably should be section "2051(c)".

-End-

-CITE-
    50 USC Sec. 2112                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
                     DISABILITY SYSTEM         
    Part H - Retired Participants Recalled, Reinstated, or Reappointed
              in Agency or Reemployed in Government   

-HEAD-
    Sec. 2112. Reemployment

-STATUTE-
      A participant retired under this subchapter shall not, by reason
    of that retired status, be barred from employment in Federal
    Government service in any appointive position for which the
    participant is qualified.

-SOURCE-
    (Pub. L. 88-643, title II, Sec. 272, as added Pub. L. 102-496,
    title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3238.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 272 of Pub. L. 88-643, title II, Oct. 13, 1964,
    78 Stat. 1053; Pub. L. 99-335, title V, Sec. 501(2), June 6, 1986,
    100 Stat. 622, related to reemployed participants and was set out
    as a note under section 403 of this title prior to the general
    amendment of Pub. L. 88-643 by section 802 of Pub. L. 102-496.

-End-

-CITE-
    50 USC Sec. 2113                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
                     DISABILITY SYSTEM         
    Part H - Retired Participants Recalled, Reinstated, or Reappointed
              in Agency or Reemployed in Government   

-HEAD-
    Sec. 2113. Reemployment compensation

-STATUTE-
    (a) Deduction from basic pay
      An annuitant who has retired under this subchapter and who is
    reemployed in the Federal Government service in any appointive
    position (either on a part-time or full-time basis) shall be
    entitled to receive the annuity payable under this subchapter, but
    there shall be deducted from the annuitant's basic pay a sum equal
    to the annuity allocable to the period of actual employment.
    (b) Recovery of overpayments
      In the event of an overpayment under this section, the amount of
    the overpayment shall be recovered by withholding the amount
    involved from the basic pay payable to such reemployed annuitant or
    from any other moneys, including the annuitant's annuity, payable
    in accordance with this subchapter.
    (c) Deposit in fund
      Sums deducted from the basic pay of a reemployed annuitant under
    this section shall be deposited in the Treasury of the United
    States to the credit of the fund.

-SOURCE-
    (Pub. L. 88-643, title II, Sec. 273, as added Pub. L. 102-496,
    title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3238.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 273 of Pub. L. 88-643, title II, Oct. 13, 1964,
    78 Stat. 1053; Pub. L. 99-335, title V, Sec. 501(2), June 6, 1986,
    100 Stat. 622, related to reemployment compensation and was set out
    as a note under section 403 of this title prior to the general
    amendment of Pub. L. 88-643 by section 802 of Pub. L. 102-496.

                  WAIVER OF DUAL COMPENSATION PROVISIONS              
      For waiver of application of the dual compensation reduction
    provisions of this section for temporary employees during an
    emergency, see Ex. Ord. No. 13236, Nov. 27, 2001, 66 F.R. 59671,
    set out as a note under section 2141 of this title.

-End-

-CITE-
    50 USC Part I - Voluntary Contributions                     01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
                     DISABILITY SYSTEM         
    Part I - Voluntary Contributions

-HEAD-
                     PART I - VOLUNTARY CONTRIBUTIONS                 

-End-

-CITE-
    50 USC Sec. 2121                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
                     DISABILITY SYSTEM         
    Part I - Voluntary Contributions

-HEAD-
    Sec. 2121. Voluntary contributions

-STATUTE-
    (a) Authority for voluntary contributions
      (1) In general
        Under such regulations as may be prescribed by the Director, a
      participant may voluntarily contribute additional sums in
      multiples of one percent of the participant's basic pay, but not
      in excess of 10 percent of such basic pay.
      (2) Interest
        The voluntary contribution account in each case is the sum of
      unrefunded contributions, plus interest - 
          (A) for periods before January 1, 1985, at 3 percent a year;
        and
          (B) for periods on or after January 1, 1985, at the rate
        computed under section 8334(e) of title 5,

      compounded annually to the date of election under subsection (b)
      of this section or the date of payment under subsection (d) of
      this section.
    (b) Treatment of voluntary contributions
      Effective on the date of retirement and at the election of the
    participant, the participant's account shall be - 
        (1) returned in a lump sum;
        (2) used to purchase an additional life annuity;
        (3) used to purchase an additional life annuity for the
      participant and to provide for a cash payment on the
      participant's death to a beneficiary; or
        (4) used to purchase an additional life annuity for the
      participant and a life annuity commencing on the participant's
      death payable to a beneficiary, with a guaranteed return to the
      beneficiary or the beneficiary's legal representative of an
      amount equal to the cash payment referred to in paragraph (3).

    In the case of a benefit provided under paragraph (3) or (4), the
    participant shall notify the Director in writing of the name of the
    beneficiary of the cash payment or life annuity to be paid upon the
    participant's death.
    (c) Value of benefits
      The benefits provided by subsection (b)(2), (3), or (4) of this
    section shall be actuarially equivalent in value to the payment
    provided for in subsection (b)(1) of this section and shall be
    calculated upon such tables of mortality as may be from time to
    time prescribed for this purpose by the Director.
    (d) Lump-sum payment
      A voluntary contribution account shall be paid in a lump sum at
    such time as the participant dies or separates from the Agency
    without entitlement to an annuity. In the case of death, the
    account shall be paid in the order of precedence specified in
    section 2071(c) of this title.
    (e) Benefits in addition to other benefits
      Any benefit payable to a participant or to the participant's
    beneficiary with respect to the additional contributions provided
    under this section shall be in addition to benefits otherwise
    provided under this subchapter.

-SOURCE-
    (Pub. L. 88-643, title II, Sec. 281, as added Pub. L. 102-496,
    title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3239.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 281 of Pub. L. 88-643, title II, Oct. 13, 1964,
    78 Stat. 1053; Ex. Ord. No. 12443, Sec. 3, Sept. 27, 1983, 48 F.R.
    44751; Pub. L. 99-335, title V, Sec. 501(2), June 6, 1986, 100
    Stat. 622, related to voluntary contributions and was set out as a
    note under section 403 of this title prior to the general amendment
    of Pub. L. 88-643 by section 802 of Pub. L. 102-496.

-End-

-CITE-
    50 USC Part J - Cost-of-Living Adjustment of Annuities      01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
                     DISABILITY SYSTEM         
    Part J - Cost-of-Living Adjustment of Annuities

-HEAD-
              PART J - COST-OF-LIVING ADJUSTMENT OF ANNUITIES          

-End-

-CITE-
    50 USC Sec. 2131                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
                     DISABILITY SYSTEM         
    Part J - Cost-of-Living Adjustment of Annuities

-HEAD-
    Sec. 2131. Cost-of-living adjustment of annuities

-STATUTE-
    (a) In general
      Each annuity payable from the fund shall be adjusted as follows:
        (1) Each cost-of-living annuity increase under this section
      shall be identical to the corresponding percentage increase under
      section 8340(b) of title 5.
        (2) A cost-of-living increase made under paragraph (1) shall
      become effective under this section on the effective date of each
      such increase under section 8340(b) of title 5. Except as
      provided in subsection (b) of this section, each such increase
      shall be applied to each annuity payable from the fund which has
      a commencing date not later than the effective date of the
      increase.
    (b) Eligibility
      Eligibility for an annuity increase under this section shall be
    governed by the commencing date of each annuity payable from the
    fund as of the effective date of an increase, except as follows:
        (1) The first cost-of-living increase (if any) made under
      subsection (a) of this section to an annuity which is payable
      from the fund to a participant who retires, to the surviving
      spouse, former spouse, or previous spouse of a participant who
      dies in service, or to the surviving spouse, former spouse,
      previous spouse, or insurable interest designee of a deceased
      annuitant whose annuity has not been increased under this
      subsection or subsection (a) of this section, shall be equal to
      the product (adjusted to the nearest  1/10  of one percent) of - 
          (A)  1/12  of the applicable percent change computed under
        subsection (a) of this section, multiplied by
          (B) the number of months (not to exceed 12 months, counting
        any portion of a month as a month) - 
            (i) for which the annuity was payable from the fund before
          the effective date of the increase, or
            (ii) in the case of a surviving spouse, former spouse,
          previous spouse, or insurable interest designee of a deceased
          annuitant whose annuity has not been so increased, since the
          annuity was first payable to the deceased annuitant.

        (2) Effective from its commencing date, an annuity payable from
      the fund to an annuitant's survivor (other than a child entitled
      to an annuity under section 2031(d) of this title) shall be
      increased by the total percentage increase the annuitant was
      receiving under this section at death.
        (3) For purposes of computing the annuity of a child under
      section 2031(d) of this title that commences after October 31,
      1969, the dollar amounts specified in section 2031(d)(3) of this
      title shall each be increased by the total percentage increases
      allowed and in force under this section on or after such day and,
      in the case of a deceased annuitant, the percentages specified in
      that section shall be increased by the total percent allowed and
      in force to the annuitant under this section on or after such
      day.
    (c) Limitation
      An annuity increase provided by this section may not be computed
    on any additional annuity purchased at retirement by voluntary
    contributions.
    (d) Rounding to next lower dollar
      The monthly annuity installment, after adjustment under this
    section, shall be rounded to the next lowest dollar, except that
    such installment shall, after adjustment, reflect an increase of at
    least $1.
    (e) Limitation on maximum amount of annuity
      (1) In general
        An annuity shall not be increased by reason of an adjustment
      under this section to an amount which exceeds the greater of - 
          (A) the maximum pay payable for GS-15 30 days before the
        effective date of the adjustment under this section; or
          (B) the final pay (or average pay, if higher) of the
        participant with respect to whom the annuity is paid, increased
        by the overall annual average percentage adjustments
        (compounded) in the rates of pay of the General Schedule under
        subchapter I of chapter 53 of title 5 during the period - 
            (i) beginning on the date on which the annuity commenced
          (or, in the case of a survivor of the retired participant,
          the date on which the participant's annuity commenced), and
            (ii) ending on the effective date of the adjustment under
          this section.
      (2) "Pay" defined
        For purposes of paragraph (1), the term "pay" means the rate of
      salary or basic pay as payable under any provision of law,
      including any provision of law limiting the expenditure of
      appropriated funds.

-SOURCE-
    (Pub. L. 88-643, title II, Sec. 291, as added Pub. L. 102-496,
    title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3240; amended Pub.
    L. 103-178, title II, Sec. 202(a)(14), Dec. 3, 1993, 107 Stat.
    2027.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      GS-15, referred to in subsec. (e)(1)(A), probably means GS-15 of
    the General Schedule which is set out under section 5332 of Title
    5, Government Organization and Employees.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 291 of Pub. L. 88-643, title II, Oct. 13, 1964,
    78 Stat. 1054; Pub. L. 90-539, Sept. 30, 1968, 82 Stat. 902; Pub.
    L. 91-185, Sec. 5, Dec. 30, 1969, 83 Stat. 849; Pub. L. 93-210,
    Sec. 1(a), Dec. 28, 1973, 87 Stat. 908; Pub. L. 94-361, title VIII,
    Sec. 801(b), July 14, 1976, 90 Stat. 929; Ex. Ord. No. 12326, Sec.
    4, Sept. 30, 1981, 46 F.R. 48889; Ex. Ord. No. 12443, Secs. 6, 14,
    Sept. 27, 1983, 48 F.R. 44752, 44754; Pub. L. 99-335, title V, Sec.
    501(3), June 6, 1986, 100 Stat. 622, related to cost-of-living
    adjustment of annuities and was set out as a note under section 403
    of this title prior to the general amendment of Pub. L. 88-643 by
    section 802 of Pub. L. 102-496.

                                AMENDMENTS                            
      1993 - Subsec. (b)(2). Pub. L. 103-178 struck out "or section
    2052(c) of this title" after "section 2031(d) of this title".

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by Pub. L. 103-178 effective Feb. 1, 1993, see section
    202(b) of Pub. L. 103-178, set out as a note under section 2001 of
    this title.

    DELAY IN COST-OF-LIVING ADJUSTMENTS DURING FISCAL YEARS 1994, 1995,
                                 AND 1996
      Any cost-of-living increase scheduled to take effect during
    fiscal year 1994, 1995, or 1996 under this section delayed until
    first day of third calendar month after date such increase would
    otherwise take effect, see section 11001 of Pub. L. 103-66, set out
    as a note under section 8340 of Title 5, Government Organization
    and Employees.

-End-

-CITE-
    50 USC Part K - Conformity With Civil Service Retirement
                     System                                01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
                     DISABILITY SYSTEM         
    Part K - Conformity With Civil Service Retirement System

-HEAD-
         PART K - CONFORMITY WITH CIVIL SERVICE RETIREMENT SYSTEM     

-End-

-CITE-
    50 USC Sec. 2141                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
                     DISABILITY SYSTEM         
    Part K - Conformity With Civil Service Retirement System

-HEAD-
    Sec. 2141. Authority to maintain existing areas of conformity
      between Civil Service and Central Intelligence Agency Retirement
      and Disability Systems

-STATUTE-
    (a) Presidential authority
      (1) Conformity to CSRS by Executive order
        Whenever the President determines that it would be appropriate
      for the purpose of maintaining existing conformity between the
      Civil Service Retirement and Disability System and the Central
      Intelligence Agency Retirement and Disability System with respect
      to substantially identical provisions, the President may, by
      Executive order, extend to current or former participants in the
      Central Intelligence Agency Retirement and Disability System, or
      to their survivors, a provision of law enacted after January 1,
      1975, which - 
          (A) amends subchapter III of chapter 83 of title 5 and is
        applicable to civil service employees generally; or
          (B) otherwise affects current or former participants in the
        Civil Service Retirement and Disability System, or their
        survivors.
      (2) Extension to CIARDS
        Any such order shall extend such provision of law so that it
      applies in like manner with respect to such Central Intelligence
      Agency Retirement and Disability System participants, former
      participants, or survivors.
      (3) Legal status
        Any such order shall have the force and effect of law.
      (4) Effective date
        Any such order may be given retroactive effect to a date not
      earlier than the effective date of the corresponding provision of
      law applicable to employees under the Civil Service Retirement
      System.
    (b) Effect of Executive order
      Provisions of an Executive order issued pursuant to this section
    shall modify, supersede, or render inapplicable, as the case may
    be, to the extent inconsistent therewith - 
        (1) provisions of law enacted before the effective date of the
      Executive order; and
        (2) any prior provision of an Executive order issued under this
      section.

-SOURCE-
    (Pub. L. 88-643, title II, Sec. 292, as added Pub. L. 102-496,
    title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3241.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 292 of Pub. L. 88-643, as added Pub. L. 94-522,
    title II, Sec. 213, Oct. 17, 1976, 90 Stat. 2471, 2472, related to
    authority to maintain existing areas of conformity between Civil
    Service and Central Intelligence Agency Retirement and Disability
    Systems and was set out as a note under section 403 of this title
    prior to the general amendment of Pub. L. 88-643 by section 802 of
    Pub. L. 102-496.

    OPEN ENROLLMENT SEASON FOR PARTICIPANTS IN THE CENTRAL INTELLIGENCE
                  AGENCY RETIREMENT AND DISABILITY SYSTEM
      The Director to provide an open enrollment period for employee
    participants in the Central Intelligence Agency Retirement and
    Disability System to elect the Federal Employees' Retirement
    System, see Ex. Ord. No. 13105, Sec. 2, Nov. 2, 1998, 63 F.R.
    60201, set out as a note under section 4067 of Title 22, Foreign
    Relations and Intercourse.

-EXEC-
        EX. ORD. NO. 13236. WAIVER OF DUAL COMPENSATION PROVISIONS    
      Ex. Ord. No. 13236, Nov. 27, 2001, 66 F.R. 59671, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, including section 292
    of the Central Intelligence Agency Retirement Act of 1964 [Central
    Intelligence Agency Retirement Act], as amended (50 U.S.C. 2141),
    and in order to conform the Central Intelligence Agency Retirement
    and Disability System to the Civil Service Retirement and
    Disability System, it is hereby ordered as follows:
      Section 1. The Director of Central Intelligence may waive the
    application of the dual compensation reduction provisions of
    sections 271 and 273 of the Central Intelligence Agency Retirement
    Act (50 U.S.C. 2111 and 2113) for an employee serving on a
    temporary basis, but only if, and for so long as, the authority is
    necessary due to an emergency involving a direct threat to life or
    property or other unusual circumstances. Employees who receive both
    salary and annuity pursuant to this authority may not earn
    additional retirement benefits during this period of employment.
    This authority may be delegated as appropriate.
      Sec. 2. Nothing contained in this order is intended to create,
    nor does it create, any right, benefit, or privilege, substantive
    or procedural, enforceable at law by a party against the United
    States, its agencies, officers, employees, or any other person.
                                                         George W. Bush.

-MISC2-
        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 Pub. L. 106-571,
    amending sections 8331 and 8339 of Title 5, Government Organization
    and Employees, to the Central Intelligence Agency Retirement and
    Disability System, see Ex. Ord. No. 13297, Sec. 3(b), Apr. 23,
    2003, 68 F.R. 22566, set out as a note under section 4067 of Title
    22, Foreign Relations and Intercourse.

-End-

-CITE-
    50 USC Sec. 2142                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
                     DISABILITY SYSTEM         
    Part K - Conformity With Civil Service Retirement System

-HEAD-
    Sec. 2142. Thrift Savings Plan participation

-STATUTE-
    (a) Eligibility for Thrift Savings Plan
      Participants in the system shall be deemed to be employees for
    the purposes of section 8351 of title 5.
    (b) Management of Thrift Savings Plan accounts by Director
      Subsections (k) and (m) of section 8461 of title 5 shall apply
    with respect to contributions made by participants to the Thrift
    Savings Fund under section 8351 of such title and to earnings
    attributable to the investment of such contributions.

-SOURCE-
    (Pub. L. 88-643, title II, Sec. 293, as added Pub. L. 102-496,
    title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3242.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 293 of Pub. L. 88-643, as added Pub. L. 99-335,
    title V, Sec. 504, June 6, 1986, 100 Stat. 623, related to Thrift
    Savings Fund participation by participants in the Central
    Intelligence Agency Retirement and Disability System and was set
    out as a note under section 403 of this title prior to the general
    amendment of Pub. L. 88-643 by section 802 of Pub. L. 102-496.

-End-

-CITE-
    50 USC Sec. 2143                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
                     DISABILITY SYSTEM         
    Part K - Conformity With Civil Service Retirement System

-HEAD-
    Sec. 2143. Alternative forms of annuities

-STATUTE-
    (a) Authority for alternative form of annuity
      The Director shall prescribe regulations under which any
    participant who has a life-threatening affliction or other critical
    medical condition may, at the time of retiring under this
    subchapter (other than under section 2051 of this title), elect
    annuity benefits under this section instead of any other benefits
    under this subchapter (including any survivor benefits under this
    subchapter) based on the service of the participant creditable
    under this subchapter.
    (b) Basis for alternative forms of annuity
      The regulations and alternative forms of annuity shall, to the
    maximum extent practicable, meet the requirements prescribed in
    section 8343a of title 5.
    (c) Lump-sum credit
      Any lump-sum credit provided pursuant to an election under
    subsection (a) of this section shall not preclude an individual
    from receiving other benefits provided under that subsection.
    (d) Submission of regulations to congressional intelligence
      committees
      The Director shall submit the regulations prescribed under
    subsection (a) of this section to the congressional intelligence
    committees before the regulations take effect.

-SOURCE-
    (Pub. L. 88-643, title II, Sec. 294, as added Pub. L. 102-496,
    title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3242; amended Pub.
    L. 103-66, title XI, Sec. 11002(c), Aug. 10, 1993, 107 Stat. 409.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 294 of Pub. L. 88-643, as added Pub. L. 99-335,
    title V, Sec. 505, June 6, 1986, 100 Stat. 624, related to
    alternative forms of annuities and was set out as a note under
    section 403 of this title prior to the general amendment of Pub. L.
    88-643 by section 802 of Pub. L. 102-496.

                                AMENDMENTS                            
      1993 - Subsec. (a). Pub. L. 103-66 substituted "any participant
    who has a life-threatening affliction or other critical medical
    condition" for "a participant".

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by Pub. L. 103-66 effective Oct. 1, 1994, and
    applicable with respect to any annuity commencing on or after that
    date, see section 11002(d) of Pub. L. 103-66, set out as a note
    under section 8343a of Title 5, Government Organization and
    Employees.

-End-

-CITE-
    50 USC Sec. 2144                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER II - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
                     DISABILITY SYSTEM         
    Part K - Conformity With Civil Service Retirement System

-HEAD-
    Sec. 2144. Payments from CIARDS fund for portions of certain Civil
      Service Retirement System annuities

-STATUTE-
      The amount of the increase in any annuity that results from the
    application of section 403r of this title, if and when such
    increase is based on an individual's overseas service as an
    employee of the Central Intelligence Agency, shall be paid from the
    fund.

-SOURCE-
    (Pub. L. 88-643, title II, Sec. 295, as added Pub. L. 102-496,
    title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3242.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 295 of Pub. L. 88-643, as added Pub. L. 101-193,
    title III, Sec. 307(b), Nov. 30, 1989, 103 Stat. 1707, related to
    payments from CIARDS fund for portions of certain Civil Service
    Retirement System annuities and was set out as a note under section
    403 of this title prior to the general amendment of Pub. L. 88-643
    by section 802 of Pub. L. 102-496.

-End-

-CITE-
    50 USC SUBCHAPTER III - PARTICIPATION IN FEDERAL
           EMPLOYEES' RETIREMENT SYSTEM                    01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER III - PARTICIPATION IN FEDERAL EMPLOYEES' RETIREMENT
           SYSTEM                                        

-HEAD-
      SUBCHAPTER III - PARTICIPATION IN FEDERAL EMPLOYEES' RETIREMENT
                                  SYSTEM

-End-

-CITE-
    50 USC Sec. 2151                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER III - PARTICIPATION IN FEDERAL EMPLOYEES' RETIREMENT
           SYSTEM                                        

-HEAD-
    Sec. 2151. Application of Federal Employees' Retirement System to
      Agency employees

-STATUTE-
    (a) General rule
      Except as provided in subsections (b) and (c) of this section,
    all employees of the Agency, any of whose service after December
    31, 1983, is employment for the purpose of title II of the Social
    Security Act [42 U.S.C. 401 et seq.] and chapter 21 of title 26,
    shall be subject to chapter 84 of title 5.
    (b) Exception for pre-1984 employees
      Participants in the Central Intelligence Agency Retirement and
    Disability System who were participants in such system on or before
    December 31, 1983, and who have not had a break in service in
    excess of one year since that date, are not subject to chapter 84
    of title 5 without regard to whether they are subject to title II
    of the Social Security Act [42 U.S.C. 401 et seq.].
    (c) Nonapplicability of FERS to certain employees
      (1) The provisions of chapter 84 of title 5 shall not apply with
    respect to - 
        (A) any individual who separates, or who has separated, from
      Federal Government service after having been an employee of the
      Agency subject to subchapter II of this chapter; and
        (B) any employee of the Agency having at least 5 years of
      civilian service which was performed before January 1, 1987, and
      is creditable under subchapter II of this chapter (determined
      without regard to any deposit or redeposit requirement under
      subchapter III of chapter 83 of title 5, or under subchapter II
      of this chapter, or any requirement that the individual become
      subject to such subchapter or to subchapter II of this chapter
      after performing the service involved).

      (2) Paragraph (1) shall not apply with respect to an individual
    who has elected under regulations prescribed under section 2157 of
    this title to become subject to chapter 84 of title 5 to the extent
    provided in such regulations.
      (3) An individual described in paragraph (1) shall be deemed to
    be an individual excluded under section 8402(b)(2) of title 5.
    (d) Election to become subject to FERS
      An employee who is designated as a participant in the Central
    Intelligence Agency Retirement and Disability System after December
    31, 1987, pursuant to section 2013 of this title may elect to
    become subject to chapter 84 of title 5. Such election - 
        (1) shall not be effective unless it is made during the six-
      month period beginning on the date on which the employee is so
      designated;
        (2) shall take effect beginning with the first pay period
      beginning after the date of the election; and
        (3) shall be irrevocable.
    (e) Special rules
      The application of the provisions of chapter 84 of title 5 to an
    employee referred to in subsection (a) of this section shall be
    subject to the exceptions and special rules provided in this
    subchapter. Any provision of that chapter which is inconsistent
    with a special rule provided in this subchapter shall not apply to
    such employees.

-SOURCE-
    (Pub. L. 88-643, title III, Sec. 301, as added Pub. L. 102-496,
    title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3243.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Social Security Act, referred to in subsecs. (a) and (b), is
    act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of
    the Act is classified generally to subchapter II (Sec. 401 et seq.)
    of chapter 7 of Title 42, The Public Health and Welfare. For
    complete classification of this Act to the Code, see section 1305
    of Title 42 and Tables.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 301 of Pub. L. 88-643, as added Pub. L. 99-335,
    title V, Sec. 506, June 6, 1986, 100 Stat. 624; amended Pub. L. 99-
    514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100-453, title
    V, Sec. 502, Sept. 29, 1988, 102 Stat. 1909, related to application
    of Federal Employees' Retirement System to Agency employees and was
    set out as a note under section 403 of this title prior to the
    general amendment of Pub. L. 88-643 by section 802 of Pub. L. 102-
    496.

-End-

-CITE-
    50 USC Sec. 2152                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER III - PARTICIPATION IN FEDERAL EMPLOYEES' RETIREMENT
           SYSTEM                                        

-HEAD-
    Sec. 2152. Special rules relating to section 2013 criteria
      employees

-STATUTE-
    (a) In general
      Except as otherwise provided in this section, in the application
    of chapter 84 of title 5 to an employee of the Agency who is
    subject to such chapter and is designated by the Director under the
    criteria prescribed in section 2013 of this title, such employee
    shall be treated for purposes of determining such employee's
    retirement benefits and obligations under such chapter as if the
    employee were a law enforcement officer (as defined in section
    8401(17) of title 5).
    (b) Voluntary and mandatory retirement
      The provisions of sections 2053 and 2055 of this title shall
    apply to employees referred to in subsection (a) of this section,
    except that the retirement benefits shall be determined under
    chapter 84 of title 5.
    (c) Recall
      (1) Except as provided in paragraph (2), section 2111 of this
    title shall apply to an employee referred to in subsection (a) of
    this section.
      (2) Contributions during recall service shall be made as provided
    in section 8422 of title 5.
      (3) When an employee recalled under this subsection reverts to a
    retired status, the annuity of such employee shall be redetermined
    under the provisions of chapter 84 of title 5.

-SOURCE-
    (Pub. L. 88-643, title III, Sec. 302, as added Pub. L. 102-496,
    title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3244.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 302 of Pub. L. 88-643, as added Pub. L. 99-335,
    title V, Sec. 506, June 6, 1986, 100 Stat. 625, related to special
    rules relating to employees designated under criteria of former
    section 203 of Pub. L. 88-643 and was set out as a note under
    section 403 of this title prior to the general amendment of Pub. L.
    88-643 by section 802 of Pub. L. 102-496.

-End-

-CITE-
    50 USC Sec. 2153                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER III - PARTICIPATION IN FEDERAL EMPLOYEES' RETIREMENT
           SYSTEM                                        

-HEAD-
    Sec. 2153. Special rules for other employees for service abroad

-STATUTE-
    (a) Special computation rule
      Notwithstanding any provision of chapter 84 of title 5, the
    annuity under subchapter II of such chapter of a retired employee
    of the Agency who is not designated under section 2152(a) of this
    title and who has served abroad as an employee of the Agency after
    December 31, 1986, shall be computed as provided in subsection (b)
    of this section.
    (b) Computation
      (1) Service abroad
        The portion of the annuity relating to such service abroad
      shall be computed as provided in section 8415(d) of title 5.
      (2) Other service
        The portions of the annuity relating to other creditable
      service shall be computed as provided in section 8415 of such
      title that is applicable to such service under the conditions
      prescribed in chapter 84 of such title.

-SOURCE-
    (Pub. L. 88-643, title III, Sec. 303, as added Pub. L. 102-496,
    title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3244.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 303 of Pub. L. 88-643, as added Pub. L. 99-335,
    title V, Sec. 506, June 6, 1986, 100 Stat. 626, related to special
    rules for other employees for service abroad and was set out as a
    note under section 403 of this title prior to the general amendment
    of Pub. L. 88-643 by section 802 of Pub. L. 102-496.

-End-

-CITE-
    50 USC Sec. 2154                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER III - PARTICIPATION IN FEDERAL EMPLOYEES' RETIREMENT
           SYSTEM                                        

-HEAD-
    Sec. 2154. Special rules for former spouses

-STATUTE-
    (a) General rule
      Except as otherwise specifically provided in this section, the
    provisions of chapter 84 of title 5 shall apply in the case of an
    employee of the Agency who is subject to chapter 84 of title 5 and
    who has a former spouse (as defined in section 8401(12) of title 5)
    or a qualified former spouse.
    (b) Definitions
      For purposes of this section:
      (1) Employee
        The term "employee" means an employee of the Agency who is
      subject to chapter 84 of title 5, including an employee referred
      to in section 2152(a) of this title.
      (2) Qualified former spouse
        The term "qualified former spouse" means a former spouse of an
      employee or retired employee who - 
          (A) in the case of a former spouse whose divorce from such
        employee became final on or before December 4, 1991, was
        married to such employee for not less than 10 years during
        periods of the employee's service which are creditable under
        section 8411 of title 5, at least 5 years of which were spent
        outside the United States by both the employee and the former
        spouse during the employee's service with the Agency; and
          (B) in the case of a former spouse whose divorce from such
        employee becomes final after December 4, 1991, was married to
        such employee for not less than 10 years during periods of the
        employee's service which are creditable under section 8411 of
        title 5, at least 5 years of which were spent by the employee
        outside the United States during the employee's service with
        the Agency or otherwise in a position the duties of which
        qualified the employee for designation by the Director under
        the criteria prescribed in section 2013 of this title.
      (3) Pro rata share
        The term "pro rata share" means the percentage that is equal to
      (A) the number of days of the marriage of the qualified former
      spouse to the employee during the employee's periods of
      creditable service under chapter 84 of title 5, divided by (B)
      the total number of days of the employee's creditable service.
      (4) Spousal agreement
        The term "spousal agreement" means an agreement between an
      employee, former employee, or retired employee and such
      employee's spouse or qualified former spouse that - 
          (A) is in writing, is signed by the parties, and is
        notarized;
          (B) has not been modified by court order; and
          (C) has been authenticated by the Director.
      (5) Court order
        The term "court order" means any court decree of divorce,
      annulment or legal separation, or any court order or court-
      approved property settlement agreement incident to such court
      decree of divorce, annulment, or legal separation.
    (c) Entitlement of qualified former spouse to retirement benefits
      (1) Entitlement
        (A) In general
          Unless otherwise expressly provided by a spousal agreement or
        court order governing disposition of benefits payable under
        subchapter II or V of chapter 84 of title 5, a qualified former
        spouse of an employee is entitled to a share (determined under
        subparagraph (B)) of all benefits otherwise payable to such
        employee under subchapter II or V of chapter 84 of title 5.
        (B) Amount of share
          The share referred to in subparagraph (A) equals - 
            (i) 50 percent, if the qualified former spouse was married
          to the employee throughout the entire period of the
          employee's service which is creditable under chapter 84 of
          title 50; (!1) or

            (ii) a pro rata share of 50 percent, if the qualified
          former spouse was not married to the employee throughout such
          creditable service.
      (2) Annuity supplement
        The benefits payable to an employee under subchapter II of
      chapter 84 of title 5 shall include, for purposes of this
      subsection, any annuity supplement payable to such employee under
      sections 8421 and 8421a of such title.
      (3) Disqualification upon remarriage before age 55
        A qualified former spouse shall not be entitled to any benefit
      under this subsection if, before the commencement of any benefit,
      the qualified former spouse remarries before becoming 55 years of
      age.
      (4) Commencement and termination
        (A) Commencement
          The benefits of a qualified former spouse under this
        subsection commence on the later of - 
            (i) the day on which the employee upon whose service the
          benefits are based becomes entitled to the benefits; or
            (ii) the first day of the second month beginning after the
          date on which the Director receives written notice of the
          court order or spousal agreement, together with such
          additional information or documentation as the Director may
          prescribe.
        (B) Termination
          The benefits of the qualified former spouse and the right
        thereto terminate on - 
            (i) the last day of the month before the qualified former
          spouse remarries before 55 years of age or dies; or
            (ii) the date on which the retired employee's benefits
          terminate (except in the case of benefits subject to
          paragraph (5)(B)).
      (5) Payments to retired employees
        (A) Calculation of survivor annuity
          Any reduction in payments to a retired employee as a result
        of payments to a qualified former spouse under this subsection
        shall be disregarded in calculating - 
            (i) the survivor annuity for any spouse, former spouse
          (qualified or otherwise), or other survivor under chapter 84
          of title 5, and
            (ii) any reduction in the annuity of the retired employee
          to provide survivor benefits under subsection (d) of this
          section or under sections (!2) 8442 or 8445 of title 5.

        (B) Reduction in basic pay upon recall to service
          If a retired employee whose annuity is reduced under
        paragraph (1) is recalled to service under section 2152(c) of
        this title, the basic pay of that annuitant shall be reduced by
        the same amount as the annuity would have been reduced if it
        had continued. Amounts equal to the reductions under this
        subparagraph shall be deposited in the Treasury of the United
        States to the credit of the Civil Service Retirement and
        Disability Fund.
      (6) Special rules for disability annuitants
        Notwithstanding paragraphs (1) and (4), in the case of any
      qualified former spouse of a disability annuitant - 
          (A) the annuity of such former spouse shall commence on the
        date on which the employee would qualify, on the basis of the
        employee's creditable service, for benefits under subchapter II
        of chapter 84 of title 5 or on the date on which the disability
        annuity begins, whichever is later; and
          (B) the amount of the annuity of the qualified former spouse
        shall be calculated on the basis of the benefits for which the
        employee would otherwise qualify under subchapter II of chapter
        84 of such title.
      (7) Pro rata share in case of employees transferred to FERS
        Notwithstanding paragraph (1)(B), in the case of an employee
      who has elected to become subject to chapter 84 of title 5, the
      share of such employee's qualified former spouse shall equal the
      sum of - 
          (A) 50 percent of the employee's annuity under subchapter III
        of chapter 83 of title 5 or under subchapter II of this chapter
        (computed in accordance with section 302(a) of the Federal
        Employees' Retirement System Act of 1986 or section 2157 of
        this title), multiplied by the proportion that the number of
        days of marriage during the period of the employee's creditable
        service before the effective date of the election to transfer
        bears to the employee's total creditable service before such
        effective date; and
          (B) if applicable, 50 percent of the employee's benefits
        under chapter 84 of title 5 or section 2152(a) of this title
        (computed in accordance with section 302(a) of the Federal
        Employees' Retirement System Act of 1986 or section 2157 of
        this title), multiplied by the proportion that the number of
        days of marriage during the period of the employee's creditable
        service on and after the effective date of the election to
        transfer bears to the employee's total creditable service after
        such effective date.
      (8) Treatment of pro rata share under title 26
        For purposes of title 26, payments to a qualified former spouse
      under this subsection shall be treated as income to the qualified
      former spouse and not to the employee.
    (d) Qualified former spouse survivor benefits
      (1) Entitlement
        (A) In general
          Subject to an election under section 8416(a) of title 5, and
        unless otherwise expressly provided by any spousal agreement or
        court order governing survivor benefits payable under this
        subsection to a qualified former spouse, such former spouse is
        entitled to a share, determined under subparagraph (B), of all
        survivor benefits that would otherwise be payable under
        subchapter IV of chapter 84 of title 5 to an eligible surviving
        spouse of the employee.
        (B) Amount of share
          The share referred to in subparagraph (A) equals - 
            (i) 100 percent, if the qualified former spouse was married
          to the employee throughout the entire period of the
          employee's service which is creditable under chapter 84 of
          title 5; or
            (ii) a pro rata share of 100 percent, if the qualified
          former spouse was not married to the employee throughout such
          creditable service.
      (2) Survivor benefits
        (A) The survivor benefits payable under this subsection to a
      qualified former spouse shall include the amount payable under
      section 8442(b)(1)(A) of title 5 and any supplementary annuity
      under section 8442(f) of such title that would be payable if such
      former spouse were a widow or widower entitled to an annuity
      under such section.
        (B) Any calculation under section 8442(f) of title 5 of the
      supplementary annuity payable to a widow or widower of an
      employee referred to in section 2152(a) of this title shall be
      based on an "assumed CIARDS annuity" rather than an "assumed CSRS
      annuity" as stated in section 8442(f) of such title. For the
      purpose of this subparagraph, the term "assumed CIARDS annuity"
      means the amount of the survivor annuity to which the widow or
      widower would be entitled under subchapter II of this chapter
      based on the service of the deceased annuitant determined under
      section 8442(f)(5) of such title.
      (3) Disqualification upon remarriage before age 55
        A qualified former spouse shall not be entitled to any benefit
      under this subsection if, before commencement of any benefit, the
      qualified former spouse remarries before becoming 55 years of
      age.
      (4) Restoration
        If the survivor annuity payable under this subsection to a
      surviving qualified former spouse is terminated because of
      remarriage before becoming age 55, the annuity shall be restored
      at the same rate commencing on the date such remarriage is
      dissolved by death, divorce, or annulment, if - 
          (A) such former spouse elects to receive this survivor
        annuity instead of any other survivor benefit to which such
        former spouse may be entitled under subchapter IV of chapter 84
        of title 5, or under another retirement system for Government
        employees by reason of the remarriage; and
          (B) any lump sum paid on termination of the annuity is
        returned to the Civil Service Retirement and Disability Fund.
      (5) Modification of court order or spousal agreement
        A modification in a court order or spousal agreement to adjust
      a qualified former spouse's share of the survivor benefits shall
      not be effective if issued after the retirement or death of the
      employee, former employee, or annuitant, whichever occurs first.
      (6) Effect of termination of qualified former spouse's
        entitlement
        After a qualified former spouse of a retired employee remarries
      before becoming age 55 or dies, the reduction in the retired
      employee's annuity for the purpose of providing a survivor
      annuity for such former spouse shall be terminated. The annuitant
      may elect, in a signed writing received by the Director within 2
      years after the qualified former spouse's remarriage or death, to
      continue the reduction in order to provide or increase the
      survivor annuity for such annuitant's spouse. The annuitant
      making such election shall pay a deposit in accordance with the
      provisions of section 8418 of title 5.
      (7) Pro rata share in case of employees transferred to FERS
        Notwithstanding paragraph (1)(B), in the case of an employee
      who has elected to become subject to chapter 84 of title 5, the
      share of such employee's qualified former spouse to survivor
      benefits shall equal the sum of - 
          (A) 50 percent of the employee's annuity under subchapter III
        of chapter 83 of title 5 or under subchapter II of this chapter
        (computed in accordance with section 302(a) of the Federal
        Employees' Retirement System Act of 1986 or section 2157 of
        this title), multiplied by the proportion that the number of
        days of marriage during the period of the employee's creditable
        service before the effective date of the election to transfer
        bears to the employee's total creditable service before such
        effective date; and
          (B) if applicable - 
            (i) 50 percent of the employee's annuity under chapter 84
          of title 5 or section 2152(a) of this title (computed in
          accordance with section 302(a) of the Federal Employees'
          Retirement System Act of 1986 or section 2157 of this title),
          plus
            (ii) the survivor benefits referred to in subsection
          (d)(2)(A) of this section,

        multiplied by the proportion that the number of days of
        marriage during the period of the employee's creditable service
        on and after the effective date of the election to transfer
        bears to the employee's total creditable service after such
        effective date.
    (e) Qualified former spouse Thrift Savings Plan benefit
      (1) Entitlement
        (A) In general
          Unless otherwise expressly provided by a spousal agreement or
        court order governing disposition of the balance of an account
        in the Thrift Savings Fund under subchapter III of chapter 84
        of title 5, a qualified former spouse of an employee is
        entitled to a share (determined under subparagraph (B)) of the
        balance in the employee's account in the Thrift Savings Fund on
        the date the divorce of the qualified former spouse and
        employee becomes final.
        (B) Amount of share
          The share referred to in subparagraph (A) equals 50 percent
        of the employee's account balance in the Thrift Savings Fund
        that accrued during the period of marriage. For purposes of
        this subsection, the employee's account balance shall not
        include the amount of any outstanding loan.
      (2) Payment of benefit
        (A) Time of payment
          The entitlement of a qualified former spouse under paragraph
        (1) shall be effective on the date the divorce of the qualified
        former spouse and employee becomes final. The qualified former
        spouse's benefit shall be payable after the date on which the
        Director receives the divorce decree or any applicable court
        order or spousal agreement, together with such additional
        information or documentation as the Director may require.
        (B) Method of payment
          The qualified former spouse's benefit under this subsection
        shall be paid in a lump sum.
        (C) Limitation
          A spousal agreement or court order may not provide for
        payment to a qualified former spouse under this subsection of
        an amount that exceeds the employee's account balance in the
        Thrift Savings Fund.
        (D) Death of qualified former spouse
          If the qualified former spouse dies before payment of the
        benefit provided under this subsection, such payment shall be
        made to the estate of the qualified former spouse.
        (E) Bar to recovery
          Any payment under this subsection to an individual bars
        recovery by any other individual.
      (3) Closed account
        No payment under this subsection may be made by the Director if
      the date on which the divorce becomes final is after the date on
      which the total amount of the employee's account balance has been
      withdrawn or transferred, or the date on which an annuity
      contract has been purchased, in accordance with section 8433 of
      title 5.
    (f) Preservation of rights of qualified former spouses
      An employee may not make an election or modification of election
    under section 8417 or 8418 of title 5, or other section relating to
    the employee's annuity under subchapter II of chapter 84 of title
    5, that would diminish the entitlement of a qualified former spouse
    to any benefit granted to such former spouse by this section or by
    court order or spousal agreement.
    (g) Payment of share of lump-sum credit
      Whenever an employee or former employee becomes entitled to
    receive the lump-sum credit under section 8424(a) of title 5, a
    share (determined under subsection (c)(1)(B) of this section) of
    that lump-sum credit shall be paid to any qualified former spouse
    of such employee, unless otherwise expressly provided by any
    spousal agreement or court order governing disposition of the lump-
    sum credit involved.
    (h) Payment to qualified former spouses under court order or
      spousal agreement
      In the case of any employee or retired employee who has a
    qualified former spouse who is covered by a court order or who is a
    party to a spousal agreement - 
        (1) any right of the qualified former spouse to any retirement
      benefits under subsection (c) of this section and to any survivor
      benefits under subsection (d) of this section, and the amount of
      any such benefits;
        (2) any right of the qualified former spouse to any Thrift
      Savings Plan benefit under subsection (e) of this section, and
      the amount of any such benefit; and
        (3) any right of the qualified former spouse to any payment of
      a lump-sum credit under subsection (g) of this section, and the
      amount of any such payment;

    shall be determined in accordance with that spousal agreement or
    court order, if and to the extent expressly provided for in the
    terms of the spousal agreement or court order that are not
    inconsistent with the requirements of this section.
    (i) Applicability of CIARDS former spouse benefits
      (1) Except as provided in paragraph (2), in the case of an
    employee who has elected to become subject to chapter 84 of title
    5, the provisions of sections 2034 and 2035 of this title shall
    apply to such employee's former spouse (as defined in section
    2002(a)(4) of this title) who would otherwise be eligible for
    benefits under sections 2034 and 2035 of this title but for the
    employee having elected to become subject to such chapter.
      (2) For the purposes of computing such former spouse's benefits
    under sections 2034 and 2035 of this title - 
        (A) the retirement benefits shall be equal to the amount
      determined under subsection (c)(7)(A) of this section; and
        (B) the survivor benefits shall be equal to 55 percent of the
      full amount of the employee's annuity computed in accordance with
      section 302(a) of the Federal Employees' Retirement System Act of
      1986 or regulations prescribed under section 2157 of this title.

      (3) Benefits provided pursuant to this subsection shall be
    payable from the Central Intelligence Agency Retirement and
    Disability Fund.

-SOURCE-
    (Pub. L. 88-643, title III, Sec. 304, as added Pub. L. 102-496,
    title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3244; amended Pub.
    L. 103-178, title II, Sec. 202(a)(15), Dec. 3, 1993, 107 Stat.
    2027.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 302(a) of the Federal Employees' Retirement System Act of
    1986, referred to in subsecs. (c)(7)(A), (B), (d)(7)(A), (B)(i),
    and (i)(2)(B), is section 302(a) of Pub. L. 99-335, which is set
    out as a note under section 8331 of Title 5, Government
    Organization and Employees.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 304 of Pub. L. 88-643, as added Pub. L. 99-335,
    title V, Sec. 506, June 6, 1986, 100 Stat. 626; amended Pub. L. 100-
    178, title IV, Sec. 402(b)(2), Dec. 2, 1987, 101 Stat. 1014; Pub.
    L. 102-183, title III, Sec. 309(a), Dec. 4, 1991, 105 Stat. 1266,
    related to special rules for former spouses and was set out as a
    note under section 403 of this title prior to the general amendment
    of Pub. L. 88-643 by section 802 of Pub. L. 102-496.

                                AMENDMENTS                            
      1993 - Subsec. (i)(1). Pub. L. 103-178 substituted "section
    2002(a)(4)" for "section 2002(a)(3)".

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by Pub. L. 103-178 effective Feb. 1, 1993, see section
    202(b) of Pub. L. 103-178, set out as a note under section 2001 of
    this title.

-FOOTNOTE-
    (!1) So in original. Probably should be title "5".

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

-End-

-CITE-
    50 USC Sec. 2155                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER III - PARTICIPATION IN FEDERAL EMPLOYEES' RETIREMENT
           SYSTEM                                        

-HEAD-
    Sec. 2155. Administrative provisions

-STATUTE-
    (a) Finality of decisions of Director
      Section 2011(c) of this title shall apply in the administration
    of chapter 84 of title 5 with respect to employees of the Agency.
    (b) Exception
      Notwithstanding subsection (a) of this section, section 8461(e)
    of title 5 shall apply with respect to employees of the Agency who
    are not participants in the Central Intelligence Agency Retirement
    and Disability System and are not designated under section 2152(a)
    of this title.

-SOURCE-
    (Pub. L. 88-643, title III, Sec. 305, as added Pub. L. 102-496,
    title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3251.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 305 of Pub. L. 88-643, as added Pub. L. 99-335,
    title V, Sec. 506, June 6, 1986, 100 Stat. 627, related to
    administrative provisions and was set out as a note under section
    403 of this title prior to the general amendment of Pub. L. 88-643
    by section 802 of Pub. L. 102-496.

-End-

-CITE-
    50 USC Sec. 2156                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER III - PARTICIPATION IN FEDERAL EMPLOYEES' RETIREMENT
           SYSTEM                                        

-HEAD-
    Sec. 2156. Regulations

-STATUTE-
    (a) Requirement
      The Director shall prescribe in regulations appropriate
    procedures to carry out this subchapter. Such regulations shall be
    prescribed in consultation with the Director of the Office of
    Personnel Management and the Executive Director of the Federal
    Retirement Thrift Investment Board.
    (b) Congressional review
      The Director shall submit regulations prescribed under subsection
    (a) of this section to the congressional intelligence committees
    before they take effect.

-SOURCE-
    (Pub. L. 88-643, title III, Sec. 306, as added Pub. L. 102-496,
    title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3251.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 306 of Pub. L. 88-643, as added Pub. L. 99-335,
    title V, Sec. 506, June 6, 1986, 100 Stat. 628, related to
    regulations and was set out as a note under section 403 of this
    title prior to the general amendment of Pub. L. 88-643 by section
    802 of Pub. L. 102-496.

-End-

-CITE-
    50 USC Sec. 2157                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 38 - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
    SUBCHAPTER III - PARTICIPATION IN FEDERAL EMPLOYEES' RETIREMENT
           SYSTEM                                        

-HEAD-
    Sec. 2157. Transition regulations

-STATUTE-
    (a) Regulations
      The Director shall prescribe regulations providing for the
    transition from the Central Intelligence Agency Retirement and
    Disability System to the Federal Employees' Retirement System
    provided in chapter 84 of title 5 in a manner consistent with
    sections 301 through 304 of the Federal Employees' Retirement
    System Act of 1986.
    (b) Congressional review
      The Director shall submit regulations prescribed under subsection
    (a) of this section to the congressional intelligence committees
    before they take effect.

-SOURCE-
    (Pub. L. 88-643, title III, Sec. 307, as added Pub. L. 102-496,
    title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3251.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 301 through 304 of the Federal Employees' Retirement
    System Act of 1986, referred to in subsec. (a), are sections 301 to
    304 of Pub. L. 99-335, which amended section 3121 of Title 26,
    Internal Revenue Code, and section 410 of Title 42, The Public
    Health and Welfare, and enacted provisions set out as a note under
    section 8331 of Title 5, Government Organization and Employees.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 307 of Pub. L. 88-643, as added Pub. L. 99-335,
    title V, Sec. 506, June 6, 1986, 100 Stat. 628, related to
    transition provisions and regulations and was set out as a note
    under section 403 of this title prior to the general amendment of
    Pub. L. 88-643 by section 802 of Pub. L. 102-496.

-End-