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 annu-
ities to, and to improve access to health insurance for,
certain ex-spouses of employees of the Central Intel-
ligence Agency.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SURVIVOR ANNUITY FOR CERTAIN EX-SPOUSES
OF CENTRAL INTELLIGENCE AGENCY EM-
PLOYEES.
(a) SURVIVOR ANNUITY.—
(1) ENTITLEMENT OF FORMER WIFE OR HUS-
BAND.—Any person who was divorced on or before
December 4, 1991, from a participant or retired
participant in the Central Intelligence Agency Re-
tirement and Disability System (CIARDS) 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 partici-
pant during the participant’s service as an employee
of the Central Intelligence Agency outside the Unit-
ed 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 subsection (b), to a survivor annuity equal to
55 percent of the greater of—
(A) the unreduced amount of the partici-
pant’s annuity, as computed under section
221(a) of such Act; or
(B) the unreduced amount of what such
annuity as so computed would be if the partici-
pant had not elected payment of the lump-sum
credit under section 294 of such Act.
(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 wife or husband under
section 226 of such Act.
(b) LIMITATIONS.—A former wife or husband is not
entitled to a survivor annuity under this section if—
(1) 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;
(2) the former wife or husband is less than 50
years of age; or
(3) the former wife or husband meets the defi-
nition of ‘‘former spouse’’ that was in effect under
section 204(b)(4) of the Central Intelligence Agency
Retirement Act of 1964 for Certain Employees be-
fore December 4, 1991.
(c) COMMENCEMENT AND TERMINATION OF ANNU-
ITY.—
(1) COMMENCEMENT OF ANNUITY.—The enti-
tlement of a former wife or husband to a survivor
annuity under this section shall commence—
(A) in the case of a former wife or hus-
band of a participant or retired participant who
is deceased as of October 1, 1993, 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
(B) 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,
1993; or
(iii) the date on which the former wife
or husband attains age 50.
(2) TERMINATION OF ANNUITY.—The entitle-
ment of a former wife or husband to a survivor an-
nuity under this section terminates on the last day
of the month before the former wife’s or husband’s
death or remarriage before attaining age 55. The en-
titlement of a former wife or husband to such a sur-
vivor annuity shall be restored on the date such re-
marriage is dissolved by death, annulment, or di-
vorce.
(d) ELECTION OF BENEFITS.—A former wife or hus-
band of a participant or retired participant shall not be-
come entitled under this section 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 hus-
band may be entitled under CIARDS or any other retire-
ment system for Government employees on the basis of
a marriage to someone other than the participant.
(e) APPLICATION.—
(1) TIME LIMIT; WAIVER.—A survivor annuity
under this section shall not be payable unless appro-
priate written application is provided to the Direc-
tor, complete with any supporting documentation
which the Director may by regulation require. Any
such application shall be submitted not later than
October 1, 1994. The Director may waive the appli-
cation deadline under the preceding sentence in any
case in which the Director determines that the cir-
cumstances 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 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
section, but in no event shall a survivor annuity be
former spouse and the participant, former par-
ticipant, or retired participant.
(B) DEFINITION
OF
TERMS.—For pur-
poses of subparagraph (A):
(i) APPORTIONMENT.—The term ‘‘ap-
portionment’’ means a portion of a retired
participant’s annuity payable to a former
wife or husband either by the retired par-
ticipant 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 an-
nulment or any court order or court-ap-
proved property settlement agreement inci-
dent to such decree.
(b) LIMITATIONS.—A former wife or husband is not
entitled to an annuity under this section if—
(1) the former wife or husband remarries before
age 55, except that the entitlement of the former
wife or husband to an annuity under this section
shall be restored on the date such remarriage is dis-
solved by death, annulment, or divorce;
(2) the former wife or husband is less than 50
years of age; or
(3) the former wife or husband meets the defi-
nition of ‘‘former spouse’’ that was in effect under
section 204(b)(4) of the Central Intelligence Agency
Retirement Act of 1964 for Certain Employees be-
fore December 4, 1991.
(c) COMMENCEMENT AND TERMINATION.—
(1) RETIREMENT ANNUITIES.—The entitlement
of a former wife or husband to an annuity under
this section—
(A) shall commence on the later of—
(i) October 1, 1993;
(ii) the day the participant upon
whose service the right to the annuity is
based becomes entitled to an annuity
under such Act; or
(iii) such former wife’s or husband’s
50th birthday; and
(B) shall terminate on the earlier of—
(i) the last day of the month before
the former wife or husband dies or remar-
ries before 55 years of age, except that the
entitlement of the former wife or husband
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)(ii), in the case of a former wife or
husband of a disability annuitant—
(A) the annuity of the former wife or hus-
band 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 Retire-
ment Act (other than a disability annuity) or
the date the disability annuity begins, whichever
is later; and
(B) the amount of the annuity of the
former wife or husband shall be calculated on
the basis of the annuity for which the partici-
pant would otherwise so qualify.
(3) ELECTION OF BENEFITS.—A former wife or
husband of a participant or retired participant shall
not become entitled under this section to an annuity
or to the restoration of an annuity unless the former
wife or husband elects to receive it instead of any
other annuity to which the former wife or husband
may be entitled under CIARDS or any other retire-
ment 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 of Central Intelligence, complete
with any supporting documentation which the
Director may by regulation require, not later
than October 1, 1994. The Director may waive
the application deadline under the preceding
sentence in any case in which the Director de-
termines that the circumstances warrant such a
waiver.
(B) RETROACTIVE BENEFITS.—Upon ap-
proval of an application under subparagraph
(A), 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 an-
nuity under this section, but in no event shall
an annuity be payable under this section with
respect to any period before October 1, 1993.
(d) RESTORATION OF ANNUITIES.—Notwithstanding
subsection (c)(4)(A), the deadline by which an application
for a retirement annuity must be submitted shall not apply
in cases in which a former spouse’s entitlement to such
annuity is restored after October 1, 1993, under sub-
section (b)(1) or (c)(1)(B).
(e) APPLICABILITY
IN CASES
OF PARTICIPANTS
TRANSFERRED TO FERS.—The provisions of this section
shall apply to a former wife or husband of a CIARDS par-
ticipant who has elected to become subject to chapter 84
of title 5, United States Code. For purposes of this sub-
section, any reference in this section to a participant’s
CIARDS annuity shall be deemed to refer to the trans-
ferred participant’s annuity computed in accordance with
section 302(a) of the Federal Employees’ Retirement Sys-
tem Act of 1986.
(f) 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 partici-
pant or former participant under title II or III of the
Central Intelligence Agency Retirement Act.
SEC. 3. HEALTH BENEFITS.
(a) IN GENERAL.—Section 16 of the Central Intel-
ligence Agency Act of 1949 (50 U.S.C. 403p) is amend-
ed—
month period before the date of dissolution of the
marriage to such participant;
is eligible for coverage under a health benefits plan.
‘‘(2) A former spouse eligible for coverage under
paragraph (1) may enroll in a health benefits plan in ac-
cordance with subsection (b)(1), except that the election
for such enrollment must be submitted within 60 days
after the date on which the Director notifies the former
spouse of such individual’s eligibility for health insurance
coverage under this subsection.’’.
(b) CONFORMING AMENDMENT.—Subsection (a) of
such section is amended by striking out ‘‘subsection
(c)(1)’’ and inserting in lieu thereof ‘‘subsection (d)’’.
SEC. 4. SOURCE OF PAYMENT FOR ANNUITIES.
Annuities provided under sections 1 and 2 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).
SEC. 5. EFFECTIVE DATE.
Sections 1 through 3 shall take effect as of October
1, 1993. No benefits provided pursuant to those sections
shall be payable with respect to any period before that
date.
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