I

103D CONGRESS

1ST SESSION H. R. 981

To provide for the payment of retirement and survivor annuities to, and

to improve access to health insurance for, certain ex-spouses of employees

of the Central Intelligence Agency.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 18, 1993

Mrs. KENNELLY introduced the following bill; which was referred to the

Permanent Select Committee on Intelligence

A BILL

To provide for the payment of retirement and survivor annuities to, and to improve access to health insurance for,

certain ex-spouses of employees of the Central Intelligence Agency.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SURVIVOR ANNUITY FOR CERTAIN EX-SPOUSES

4 OF CENTRAL INTELLIGENCE AGENCY EM5 PLOYEES.

6 (a) SURVIVOR ANNUITY.—

7 (1) ENTITLEMENT OF FORMER WIFE OR HUS8 BAND.—Any person who was divorced on or before
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1 December 4, 1991, from a participant or retired

2 participant in the Central Intelligence Agency Re3 tirement and Disability System (CIARDS) and who

4 was married to such participant for not less than 10

5 years during such participant’s creditable service, at

6 least five years of which were spent by the partici7 pant during the participant’s service as an employee

8 of the Central Intelligence Agency outside the Unit9 ed States, or otherwise in a position the duties of

10 which qualified the participant for designation by

11 the Director of Central Intelligence as a participant

12 under section 203 of the Central Intelligence Agency

13 Retirement Act (50 U.S.C. 2013), shall be entitled,

14 except to the extent such person is disqualified

15 under subsection (b), to a survivor annuity equal to

16 55 percent of the greater of—

17 (A) the unreduced amount of the partici18 pant’s annuity, as computed under section

19 221(a) of such Act; or

20 (B) the unreduced amount of what such

21 annuity as so computed would be if the partici22 pant had not elected payment of the lump-sum

23 credit under section 294 of such Act.

24 (2) REDUCTION IN SURVIVOR ANNUITY.—A

25 survivor annuity payable under this section shall be
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1 reduced by an amount equal to any survivor annuity

2 payments made to the former wife or husband under

3 section 226 of such Act.

4 (b) LIMITATIONS.—A former wife or husband is not

5 entitled to a survivor annuity under this section if—

6 (1) the former wife or husband remarries before

7 age 55, except that the entitlement of the former

8 wife or husband to such a survivor annuity shall be

9 restored on the date such remarriage is dissolved by

10 death, annulment, or divorce;

11 (2) the former wife or husband is less than 50

12 years of age; or

13 (3) the former wife or husband meets the defi14 nition of ‘‘former spouse’’ that was in effect under

15 section 204(b)(4) of the Central Intelligence Agency

16 Retirement Act of 1964 for Certain Employees be17 fore December 4, 1991.

18 (c) COMMENCEMENT AND TERMINATION OF ANNU19 ITY.—

20 (1) COMMENCEMENT OF ANNUITY.—The enti21 tlement of a former wife or husband to a survivor

22 annuity under this section shall commence—

23 (A) in the case of a former wife or hus24 band of a participant or retired participant who
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1 is deceased as of October 1, 1993, beginning on

2 the later of—

3 (i) the 60th day after such date; or

4 (ii) the date on which the former wife

5 or husband reaches age 50; and

6 (B) in the case of any other former wife or

7 husband, beginning on the latest of—

8 (i) the date on which the participant

9 or retired participant to whom the former

10 wife or husband was married dies;

11 (ii) the 60th day after October 1,

12 1993; or

13 (iii) the date on which the former wife

14 or husband attains age 50.

15 (2) TERMINATION OF ANNUITY.—The entitle16 ment of a former wife or husband to a survivor an17 nuity under this section terminates on the last day

18 of the month before the former wife’s or husband’s

19 death or remarriage before attaining age 55. The en20 titlement of a former wife or husband to such a sur21 vivor annuity shall be restored on the date such re22 marriage is dissolved by death, annulment, or di23 vorce.

24 (d) ELECTION OF BENEFITS.—A former wife or hus25 band of a participant or retired participant shall not be-
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1 come entitled under this section to a survivor annuity or

2 to the restoration of the survivor annuity unless the

3 former wife or husband elects to receive it instead of any

4 other survivor annuity to which the former wife or hus5 band may be entitled under CIARDS or any other retire6 ment system for Government employees on the basis of

7 a marriage to someone other than the participant.

8 (e) APPLICATION.—

9 (1) TIME LIMIT; WAIVER.—A survivor annuity

10 under this section shall not be payable unless appro11 priate written application is provided to the Direc12 tor, complete with any supporting documentation

13 which the Director may by regulation require. Any

14 such application shall be submitted not later than

15 October 1, 1994. The Director may waive the appli16 cation deadline under the preceding sentence in any

17 case in which the Director determines that the cir18 cumstances warrant such a waiver.

19 (2) RETROACTIVE BENEFITS.—Upon approval

20 of an application provided under paragraph (1), the

21 appropriate survivor annuity shall be payable to the

22 former wife or husband with respect to all periods

23 before such approval during which the former wife

24 or husband was entitled to such annuity under this

25 section, but in no event shall a survivor annuity be
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1 payable under this section with respect to any period

2 before October 1, 1993.

3 (f) RESTORATION OF ANNUITY.—Notwithstanding

4 subsection (e)(1), the deadline by which an application for

5 a survivor annuity must be submitted shall not apply in

6 cases in which a former spouse’s entitlement to such a

7 survivor annuity is restored after October 1, 1993, under

8 subsection (b)(1) or (c)(2).

9 (g) APPLICABILITY IN CASES OF PARTICIPANTS

10 TRANSFERRED TO FERS.—

11 (1) ENTITLEMENT.—Except as provided in

12 paragraph (2), this section shall apply to a former

13 wife or husband of a CIARDS participant who has

14 elected to become subject to chapter 84 of title 5,

15 United States Code.

16 (2) AMOUNT OF ANNUITY.—The survivor annu17 ity of a person covered by paragraph (1) shall be

18 equal to 50 percent of the unreduced amount of the

19 participant’s annuity computed in accordance with

20 section 302(a) of the Federal Employees’ Retirement

21 System Act of 1986 and shall be reduced by an

22 amount equal to any survivor annuity payments

23 made to the former wife or husband under section

24 8445 of title 5, United States Code.
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1 SEC. 2. RETIREMENT ANNUITY FOR CERTAIN EX-SPOUSES

2 OF CIA EMPLOYEES.

3 (a) RETIREMENT ANNUITY.—

4 (1) ENTITLEMENT OF FORMER WIFE OR HUS5 BAND.—A person described in section 1(a)(1) shall

6 be entitled, except to the extent such former spouse

7 is disqualified under subsection (b), to an annuity—

8 (A) if married to the participant through9 out the creditable service of the participant,

10 equal to 50 percent of the annuity of the partic11 ipant; or

12 (B) if not married to the participant

13 throughout such creditable service, equal to

14 that former wife’s or husband’s pro rata share

15 of 50 percent of such annuity (determined in

16 accordance with section 222(a)(1)(B) of the

17 Central Intelligence Agency Retirement Act (50

18 U.S.C. 2032 (a)(1)(B)).

19 (2) REDUCTION IN RETIREMENT ANNUITIES.—

20 (A) AMOUNT OF REDUCTION.—An annuity

21 payable under this section shall be reduced by

22 an amount equal to any apportionment pay23 ments payable to the former wife or husband

24 pursuant to the terms of a court order incident

25 to the dissolution of the marriage of such
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1 former spouse and the participant, former par2 ticipant, or retired participant.

3 (B) DEFINITION OF TERMS.—For pur4 poses of subparagraph (A):

5 (i) APPORTIONMENT.—The term ‘‘ap6 portionment’’ means a portion of a retired

7 participant’s annuity payable to a former

8 wife or husband either by the retired par9 ticipant or the Government in accordance

10 with the terms of a court order.

11 (ii) COURT ORDER.—The term ‘‘court

12 order’’ means any decree of divorce or an13 nulment or any court order or court-ap14 proved property settlement agreement inci15 dent to such decree.

16 (b) LIMITATIONS.—A former wife or husband is not

17 entitled to an annuity under this section if—

18 (1) the former wife or husband remarries before

19 age 55, except that the entitlement of the former

20 wife or husband to an annuity under this section

21 shall be restored on the date such remarriage is dis22 solved by death, annulment, or divorce;

23 (2) the former wife or husband is less than 50

24 years of age; or
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1 (3) the former wife or husband meets the defi2 nition of ‘‘former spouse’’ that was in effect under

3 section 204(b)(4) of the Central Intelligence Agency

4 Retirement Act of 1964 for Certain Employees be5 fore December 4, 1991.

6 (c) COMMENCEMENT AND TERMINATION.—

7 (1) RETIREMENT ANNUITIES.—The entitlement

8 of a former wife or husband to an annuity under

9 this section—

10 (A) shall commence on the later of—

11 (i) October 1, 1993;

12 (ii) the day the participant upon

13 whose service the right to the annuity is

14 based becomes entitled to an annuity

15 under such Act; or

16 (iii) such former wife’s or husband’s

17 50th birthday; and

18 (B) shall terminate on the earlier of—

19 (i) the last day of the month before

20 the former wife or husband dies or remar21 ries before 55 years of age, except that the

22 entitlement of the former wife or husband

23 to an annuity under this section shall be

24 restored on the date such remarriage is
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1 dissolved by death, annulment, or divorce;

2 or

3 (ii) the date on which the annuity of

4 the participant terminates.

5 (2) DISABILITY ANNUITIES.—Notwithstanding

6 paragraph (1)(A)(ii), in the case of a former wife or

7 husband of a disability annuitant—

8 (A) the annuity of the former wife or hus9 band shall commence on the date on which the

10 participant would qualify on the basis of the

11 participant’s creditable service for an annuity

12 under the Central Intelligence Agency Retire13 ment Act (other than a disability annuity) or

14 the date the disability annuity begins, whichever

15 is later; and

16 (B) the amount of the annuity of the

17 former wife or husband shall be calculated on

18 the basis of the annuity for which the partici19 pant would otherwise so qualify.

20 (3) ELECTION OF BENEFITS.—A former wife or

21 husband of a participant or retired participant shall

22 not become entitled under this section to an annuity

23 or to the restoration of an annuity unless the former

24 wife or husband elects to receive it instead of any

25 other annuity to which the former wife or husband
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1 may be entitled under CIARDS or any other retire2 ment system for Government employees on the basis

3 of a marriage to someone other than the participant.

4 (4) APPLICATION.—

5 (A) TIME LIMIT; WAIVER.—An annuity

6 under this section shall not be payable unless

7 appropriate written application is provided to

8 the Director of Central Intelligence, complete

9 with any supporting documentation which the

10 Director may by regulation require, not later

11 than October 1, 1994. The Director may waive

12 the application deadline under the preceding

13 sentence in any case in which the Director de14 termines that the circumstances warrant such a

15 waiver.

16 (B) RETROACTIVE BENEFITS.—Upon ap17 proval of an application under subparagraph

18 (A), the appropriate annuity shall be payable to

19 the former wife or husband with respect to all

20 periods before such approval during which the

21 former wife or husband was entitled to an an22 nuity under this section, but in no event shall

23 an annuity be payable under this section with

24 respect to any period before October 1, 1993.
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1 (d) RESTORATION OF ANNUITIES.—Notwithstanding

2 subsection (c)(4)(A), the deadline by which an application

3 for a retirement annuity must be submitted shall not apply

4 in cases in which a former spouse’s entitlement to such

5 annuity is restored after October 1, 1993, under sub6 section (b)(1) or (c)(1)(B).

7 (e) APPLICABILITY IN CASES OF PARTICIPANTS

8 TRANSFERRED TO FERS.—The provisions of this section

9 shall apply to a former wife or husband of a CIARDS par10 ticipant who has elected to become subject to chapter 84

11 of title 5, United States Code. For purposes of this sub12 section, any reference in this section to a participant’s

13 CIARDS annuity shall be deemed to refer to the trans14 ferred participant’s annuity computed in accordance with

15 section 302(a) of the Federal Employees’ Retirement Sys16 tem Act of 1986.

17 (f) SAVINGS PROVISION.—Nothing in this section

18 shall be construed to impair, reduce, or otherwise affect

19 the annuity or the entitlement to an annuity of a partici20 pant or former participant under title II or III of the

21 Central Intelligence Agency Retirement Act.

22 SEC. 3. HEALTH BENEFITS.

23 (a) IN GENERAL.—Section 16 of the Central Intel24 ligence Agency Act of 1949 (50 U.S.C. 403p) is amend25 ed—
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1 (1) by redesignating subsections (c) through (e)

2 as subsections (d) through (f), respectively;

3 (2) by inserting after subsection (b) the follow4 ing new subsection (c):

5 ‘‘(c) ELIGIBILITY OF FORMER WIVES OR HUS6 BANDS.—(1) Notwithstanding subsections (a) and (b) and

7 except as provided in subsection (d), an individual—

8 ‘‘(A) who was divorced on or before December

9 4, 1991, from a participant or retired participant in

10 the Central Intelligence Agency Retirement and Dis11 ability System or the Federal Employees Retirement

12 System Special Category;

13 ‘‘(B) who was married to such participant for

14 not less than ten years during the participant’s cred15 itable service, at least five years of which were spent

16 by the participant during the participant’s service as

17 an employee of the Agency outside the United

18 States, or otherwise in a position the duties of which

19 qualified the participant for designation by the Di20 rector of Central Intelligence as a participant under

21 section 203 of the Central Intelligence Agency Re22 tirement Act (50 U.S.C. 2013); and

23 ‘‘(C) who was enrolled in a health benefits plan

24 as a family member at any time during the 18-
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1 month period before the date of dissolution of the

2 marriage to such participant;

3 is eligible for coverage under a health benefits plan.

4 ‘‘(2) A former spouse eligible for coverage under

5 paragraph (1) may enroll in a health benefits plan in ac6 cordance with subsection (b)(1), except that the election

7 for such enrollment must be submitted within 60 days

8 after the date on which the Director notifies the former

9 spouse of such individual’s eligibility for health insurance

10 coverage under this subsection.’’.

11 (b) CONFORMING AMENDMENT.—Subsection (a) of

12 such section is amended by striking out ‘‘subsection

13 (c)(1)’’ and inserting in lieu thereof ‘‘subsection (d)’’.

14 SEC. 4. SOURCE OF PAYMENT FOR ANNUITIES.

15 Annuities provided under sections 1 and 2 shall be

16 payable from the Central Intelligence Agency Retirement

17 and Disability Fund maintained under section 202 of the

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

19 2012).

20 SEC. 5. EFFECTIVE DATE.

21 Sections 1 through 3 shall take effect as of October

22 1, 1993. No benefits provided pursuant to those sections

23 shall be payable with respect to any period before that

24 date.

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