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50 U.S.C. § 2081 (WAR AND NATIONAL DEFENSE)
§ 2081. Computation of length of service
(a) In general
(1) Crediting service as participant
For the purposes of this subchapter, the period of service of a participant shall be computed from the date on which the participant becomes a participant under this subchapter.
(2) Exclusion of certain periods
In computing the period of service of a participant, all periods of separation from the Agency and so much of any leave of absence without pay as may exceed six months in the aggregate in any calendar year shall be excluded, except leaves of absence while receiving benefits under 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.
(Pub. L. 88–643, title II, § 251, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3228.)
heading: Prior Provisions
text: A prior section 251 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1050; Pub. L. 94–522, title II, § 210, Oct. 17, 1976, 90 Stat. 2471; Pub. L. 99–169, title VII, § 702, Dec. 4, 1985, 99 Stat. 1008; Pub. L. 99–335, title V, § 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.
heading: Effective Date
text: Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
50 U.S.C. § 2083 (WAR AND NATIONAL DEFENSE)
§ 2083. Credit for service while on military leave
(a) General rule
A participant who, during the period of any war or of any national emergency as proclaimed by the President or declared by the Congress, leaves the participant’s position in the Agency to enter military service shall not be considered, for purposes of this subchapter, as separated from the participant’s position in the Agency by reason of such military service, unless the participant applies for and receives a refund of contributions under this subchapter. Such a participant may not be considered as retaining such position in the Agency after December 31, 1956, or upon the expiration of five years of such military service, whichever is later.
(b) Waiver of contributions
Except to the extent provided under 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.
(Pub. L. 88–643, title II, § 253, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3234.)
heading: Prior Provisions
text: A prior section 253 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1052; Pub. L. 99–335, title V, § 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.
heading: Effective Date
text: Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
50 U.S.C. § 2091 (WAR AND NATIONAL DEFENSE)
§ 2091. Estimate of appropriations needed
(a) Estimates of annual appropriations
The Director shall prepare the estimates of the annual appropriations required to be made to the fund.
(b) Actuarial valuations
The Director shall cause to be made actuarial valuations of the fund at such intervals as the Director determines to be necessary, but not less often than every five years.
(c) Changes in law affecting actuarial status of fund
Any statute which authorizes—
(1) new or increased benefits payable from the fund under this subchapter, including annuity increases other than under 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.
(Pub. L. 88–643, title II, § 261, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3234.)
heading: Prior Provisions
text: A prior section 261 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1052; Pub. L. 94–522, title I, § 102, Oct. 17, 1976, 90 Stat. 2467; Ex. Ord. No. 12443, § 12, Sept. 27, 1983, 48 F.R. 44754; Pub. L. 99–335, title V, § 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.
heading: Effective Date
text: Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
50 U.S.C. § 2092 (WAR AND NATIONAL DEFENSE)
§ 2092. Investment of moneys in fund
The Director may, with the approval of the Secretary of the Treasury, invest from time to time in interest-bearing securities of the United States such portions of the fund as in the Director’s judgment may not be immediately required for the payment of annuities, cash benefits, refunds, and allowances from the fund. The income derived from such investments shall be credited to and constitute a part of the fund.
(Pub. L. 88–643, title II, § 262, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3235.)
heading: Prior Provisions
text: 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.
heading: Effective Date
text: Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
50 U.S.C. § 2095 (WAR AND NATIONAL DEFENSE)
§ 2095. Recovery of payments
Recovery of payments under this subchapter may not be made from an individual when, in the judgment of the Director, the individual is without fault and recovery would be against equity and good conscience. Withholding or recovery of money payable pursuant to this subchapter on account of a certification or payment made by a former employee of the Agency in the discharge of the former employee’s official duties may be made if the Director certifies that the certification or payment involved fraud on the part of the former employee.
(Pub. L. 88–643, title II, § 265, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3237; amended Pub. L. 103–178, title II, § 202(a)(13), Dec. 3, 1993, 107 Stat. 2027.)
heading: Amendments
text: 1993—Pub. L. 103–178 substituted “subchapter” for “chapter” in two places.
heading: Effective Date of 1993 Amendment
text: 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.
heading: Effective Date
text: Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
50 U.S.C. § 2111 (WAR AND NATIONAL DEFENSE)
§ 2111. Recall
(a) Authority to recall
The Director may, with the consent of a retired participant, recall that participant to service in the Agency whenever the Director determines that such recall is in the public interest.
(b) Pay of retired participant while serving
A retired participant recalled to duty in the Agency under subsection (a) or reinstated or reappointed in accordance with 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.
(Pub. L. 88–643, title II, § 271, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3238.)
heading: Prior Provisions
text: 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.
heading: Effective Date
text: Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
heading: Waiver of Dual Compensation Provisions
text: 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.
50 U.S.C. § 2112 (WAR AND NATIONAL DEFENSE)
§ 2112. Reemployment
A participant retired under this subchapter shall not, by reason of that retired status, be barred from employment in Federal Government service in any appointive position for which the participant is qualified.
(Pub. L. 88–643, title II, § 272, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3238.)
heading: Prior Provisions
text: A prior section 272 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1053; Pub. L. 99–335, title V, § 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.
heading: Effective Date
text: Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
50 U.S.C. § 2113 (WAR AND NATIONAL DEFENSE)
§ 2113. Reemployment compensation
(a) Deduction from basic pay
An annuitant who has retired under this subchapter and who is reemployed in the Federal Government service in any appointive position (either on a part-time or full-time basis) shall be entitled to receive the annuity payable under this subchapter, but there shall be deducted from the annuitant’s basic pay a sum equal to the annuity allocable to the period of actual employment.
(b) 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.
(Pub. L. 88–643, title II, § 273, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3238.)
heading: Prior Provisions
text: A prior section 273 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1053; Pub. L. 99–335, title V, § 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.
heading: Effective Date
text: Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
heading: Waiver of Dual Compensation Provisions
text: 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.
50 U.S.C. § 2142 (WAR AND NATIONAL DEFENSE)
§ 2142. Thrift Savings Plan participation
(a) Eligibility for Thrift Savings Plan
Participants in the system shall be deemed to be employees for the purposes of 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.
(Pub. L. 88–643, title II, § 293, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3242.)
heading: Prior Provisions
text: A prior section 293 of Pub. L. 88–643, as added Pub. L. 99–335, title V, § 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.
heading: Effective Date
text: Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
50 U.S.C. § 2143 (WAR AND NATIONAL DEFENSE)
§ 2143. Alternative forms of annuities
(a) Authority for alternative form of annuity
The Director shall prescribe regulations under which any participant who has a life-threatening affliction or other critical medical condition may, at the time of retiring under this subchapter (other than under 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) shall not preclude an individual from receiving other benefits provided under that subsection.
(d) Submission of regulations to congressional intelligence committees
The Director shall submit the regulations prescribed under subsection (a) to the congressional intelligence committees before the regulations take effect.
(Pub. L. 88–643, title II, § 294, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3242; amended Pub. L. 103–66, title XI, § 11002(c), Aug. 10, 1993, 107 Stat. 409.)
heading: Prior Provisions
text: A prior section 294 of Pub. L. 88–643, as added Pub. L. 99–335, title V, § 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.
heading: Amendments
text: 1993—Subsec. (a). Pub. L. 103–66 substituted “any participant who has a life-threatening affliction or other critical medical condition” for “a participant”.
heading: Effective Date of 1993 Amendment
text: 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.
heading: Effective Date
text: Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
50 U.S.C. § 2144 (WAR AND NATIONAL DEFENSE)
§ 2144. Payments from CIARDS fund for portions of certain Civil Service Retirement System annuities
The amount of the increase in any annuity that results from the application of section 3518 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.
(Pub. L. 88–643, title II, § 295, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3242.)
heading: Prior Provisions
text: A prior section 295 of Pub. L. 88–643, as added Pub. L. 101–193, title III, § 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.
heading: Effective Date
text: Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
50 U.S.C. § 2152 (WAR AND NATIONAL DEFENSE)
§ 2152. Special rules relating to section 2013 criteria employees
(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), 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).
(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.
(Pub. L. 88–643, title III, § 302, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3244.)
heading: Prior Provisions
text: A prior section 302 of Pub. L. 88–643, as added Pub. L. 99–335, title V, § 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.
heading: Effective Date
text: Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
50 U.S.C. § 2153 (WAR AND NATIONAL DEFENSE)
§ 2153. Special rules for other employees for service abroad
(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).
(b) Computation
(1) Service abroad
The portion of the annuity relating to such service abroad shall be computed as provided in section 8415(e) 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.
(Pub. L. 88–643, title III, § 303, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3244; amended Pub. L. 112–96, title V, § 5001(c)(2)(G), Feb. 22, 2012, 126 Stat. 200.)
heading: Prior Provisions
text: A prior section 303 of Pub. L. 88–643, as added Pub. L. 99–335, title V, § 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.
heading: Amendments
text: 2012—Subsec. (b)(1). Pub. L. 112–96 substituted “section 8415(e)” for “section 8415(d)”.
heading: Effective Date
text: Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
50 U.S.C. § 2155 (WAR AND NATIONAL DEFENSE)
§ 2155. Administrative provisions
(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), 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.
(Pub. L. 88–643, title III, § 305, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3251.)
heading: Prior Provisions
text: A prior section 305 of Pub. L. 88–643, as added Pub. L. 99–335, title V, § 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.
heading: Effective Date
text: Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.