Intelligence Authorization Act for Fiscal Year 1993
PL 102-496 (H.R.5095), enacted 10/24/1992

106 STAT. 3180 
PUBLIC LAW 102-496—OCT. 24, 1992 
Public Law 102-496 
102d Congress 
An Act 
Oct. 24,1992 
[H.R. 5095] 
Intelligence 
Authorization 
Act for Fiscal 
Year 1993. 
To authorize appropriations for fiscal year 1993 for intelligence and intelligence-
related activities of the United States Government and the Central Intelligence 
Agency Retirement and Disability System, to revise and restate the Central 
Intelligence Agency Retirement Act of 1964 for Certain Employees, and for other 
purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of 
America in Congress assembled, 
SECnON 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—^This Act may be cited as the "Intelligence 
Authorization Act for Fiscal Year 1993". 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—INTELUGENCE ACTIVITIES 
Sec. 101. Authorization of appropriations. 
Sec. 102. Classified Schedule of Authorizations. 
Sec. 103. Personnel ceiling a^jvistments. 
Sec. 104. Community Management StafT. 
TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 
DISABIUTY SYSTEM 
Sec. 201. Authorization of appropriations. 
TITLE HI—GENERAL PROVISIONS 
Sec. 301. Increase in employee compensation and benefits authorized by law. 
Sec. 302. Restriction on conduct of mtelligence activities. 
Sec. 303. Sense of Congress regarding disclosure of annual intelligence budget. 
Sec. 304. Technical amendments. 
Sec. 305. Airborne reconnaissance. 
TITLE IV—DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES 
Sec. 401. Postemployment assistance for certain DIA employees. 
Sec. 402. Inclusion of Senior Executive Service positions in civilian intelligence per-
sonnel system. 
Sec. 403. Notice to congressional intelligence committees of Department of Defense 
real property transactions and construction projects involving intel-
ligence agencies. 
Sec. 404. Amendments to National Security Education Act of 1991. 
Sec. 405. Pay and allowances for employees of the National Security Agency. 
Sec. 406. Exemption for National Reconnaissance Office from any requirement for 
disclosure of personnel information. 
TITLE V—FEDERAL BUREAU OF INVESTIGATION ADMINISTRATIVE 
PROVISIONS 
Sec. 501. Temporary FBI authority to accept bequests or devises. 
TITLE VI—CENTRAL INTELLIGENCE AGENCY 
Sec. 601. Authority of Inspector General to receive complaints and information 
from any person. 
TITLE VII—INTELLIGENCE ORGANIZATION 
Sec. 701. Short title. 
Sec. 702. Definitions. 
PUBLIC LAW 102-496—OCT. 24, 1992 
106 STAT. 3181 
Sec. 703. Participation of the Director of Central Intelligence in the National Secu-
rity Council. 
Sec. 704. Appointment of the Director and Deputy Director of Central Intelligence. 
Sec. 705. Responsibilities and authorities of the Director of Central Intelligence. 
Sec. 706. Responsibilities of the Secretary of Defense pertaining to the National 
Foreign Intelligence Program. 
TITLE VIII—RESTATEMENT OF CIARDS STATUTE 
Sec. 801. Short title. 
Sec. 802. Restatement of Act. 
Sec. 803. Conforming amendments. 
Sec. 804. Savings provisions. 
Sec. 805. Effective date. 
TITLE I—INTELLIGENCE ACTIVITIES 
SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for fiscal year 
1993 for the conduct of the intelligence and intelligence-related 
activities of the following elements of the United States 
Government: 
(1) The Central Intelligence Agency. 
(2) The Department of Defense. 
(3) The Defense Intelligence Agency. 
(4) The National Security Agency. 
(5) The Department of the Army, the Department of the 
Navy, and the Department of the Air Force. 
(6) The Department of State. 
(7) The Department of the Treasury. 
(8) The Department of Energy. 
(9) The Federal Bureau of Investigation. 
(10) The Drug Enforcement Administration. 
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 
(a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL CEILINGS.— 
The amounts authorized to be appropriated under section 101, 
and the authorized personnel ceihngs as of September 30, 1993, 
for the conduct of the intelligence and intelligence-related activities 
of the elements listed in such section, are those specified in the 
classified Schedule of Authorizations prepared by the committee 
of conference to accompany the conference report on the bill H.R. 
5095 of the One Hundred Second Congress. 
(b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AUTHORIZA-
TIONS.—^The Schedule of Authorizations shall be made available 
to the Committees on Appropriations of the Senate and House 
of Representatives and to the President. The President shall provide President. 
for suitable distribution of the Schedule, or of appropriate portions 
of the Schedule, within the executive branch. 
SEC. 103. PERSONNEL CEILING ADJUSTMENTS. 
(a) AuTHORiry FOR ADJUSTMENTS.—^The Director of Central 
Intelligence may authorize emplo3rment of civilian personnel in 
excess of the numbers authorized for fiscal year 1993 under section 
102 of this Act when the Director determines that such action 
is necessary to the performance of important intelligence functions, 
except that such number may not, for any element of the Intel-
ligence Community, exceed two percent of the number of civilian 
personnel authorized under such section for such element. 
(b) NOTICE TO INTELLIGENCE COMMITTEES.—The Director of 
Central Intelligence shall promptly notify the Permanent Select 
106 STAT. 3182 
PUBLIC LAW 102-496—OCT. 24, 1992 
Committee on Intelligence of the House of Representatives and 
the Select Committee on Intelligence of the Senate whenever the 
Director exercises the authority granted by this section. 
SEC. 104. COMMUNITY MANAGEMENT STAFF. 
(a) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated for the Community Management Staff of the 
Director of Central Intelligence for fiscal year 1993 the sum of 
$86,900,000. 
(b) AUTHORIZED PERSONNEL LEVELS.—The Community Manage-
ment Staff of the Director of Central Intelligence is authorized 
161 full-time personnel as of September 30, 1993. Such personnel 
may be permanent employees of the Community Management Staff 
or personnel detailed from other elements of the United States 
Government. 
(c) REIMBURSEMENT.—^During fiscal year 1993, any officer or 
employee of the United States or a member of the Armed Forces 
who is detailed to the Community Management Staff from another 
element of the United States Government shall be detailed on 
a reimbursable basis, except that any such officer, employee, or 
member may be detailed on a nonreimbursable basis for a period 
of less than one year for the performance of temporary functions 
as required by the Director of Central Intelligence. 
(d) COMMUNITY MANAGEMENT STAFF ADMINISTERED IN SAME 
MANNER AS CENTRAL INTELLIGENCE AoENCY.^During fiscal year 
1993, activities and personnel of the Community Management Staff 
shall be subject to the provisions of the National Security Act 
of 1947 (50 U.S.C. 401 et seq.) and the Central Intelligence Agency 
Act of 1949 (50 U.S.C. 403a et seq.) in the same manner as activities 
and personnel of the Central Intelligence Agency. 
TITLE 
II—CENTRAL 
INTELLIGENCE 
AGENCY RETIREMENT AND DISABIL-
ITY SYSTEM 
SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated for the Central Intel-
Ugence Agency Retirement and Disability Fund for fiscal year 1993 
the sum of $168,900,000. 
TITLE III—GENERAL PROVISIONS 
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS 
AUTHORIZED BY LAW. 
Appropriations authorized bv this Act for salary, pa^, retire-
ment, and other benefits for Federal employees may be mcreased 
by such additional or supplemental amoimts as may be necessary 
for increases in such compensation or benefits authorized by law. 
SEC. 302. RESTRICTION ON CONDUCT OF INTELUGENCE ACnvmES. 
The authorization of appropriations by this Act shall not be 
deemed to constitute authority for the conduct of any intelligence 
activity which is not otherwise authorized by the Constitution or 
laws of the United States. 
PUBLIC LAW 102-496—OCT. 24, 1992 
106 STAT. 3183 
SEC. 303. SENSE OF CONGRESS REGARDING DISCLOSURE OF ANNUAL 50 USC 414 note. 
INTELUGENCE BUDGET. 
It is the sense of Congress that, beginning in 1993, and in 
each year thereafter, the aggregate amount requested and author-
ized for, and spent on, intelligence and intelligence-related activities 
should be disclosed to the public in an appropriate manner. 
SEC. 304. TECHNICAL AMENDMENTS. 
(a) NATIONAL SECURITY AGENCY ACT OF 1959.—The National 
Security Agency Act of 1959 is amended by redesignating the second 
section 17 (added by section 405 of Public Law 102-183) as section 50 use 402 note. 
18. 
(b) PUBUC LAW 102-88.—Effective as of August 14, 1991, sec- 50 use 403 note. 
tion 305(aX3) of Public Law 102-88 (105 Stat. 432) is amended 
by striking out "in the last sentence** and inserting in lieu thereof 
"in the penultimate sentence". 
SEC. 305. AIRBORNE RECONNAISSANCE. 
(a) Of the amount authorized to be appropriated by section 
101 for reconnaissance programs, funds are authorized for an 
advanced airborne reconnaissance system. 
(b) The amount authorized in subsection (a) is the amount 
equal to one-third of the amount authorized for a similar activity 
in the National Foreign Intelligence Program for fiscal year 1992 
by the Intelligence Authorization Act for Fiscal Year 1992 (Public 
Law 102-183). 
TITLE IV—DEPARTMENT OF DEFENSE 
INTELLIGENCE ACTIVITIES 
SEC. 401. POSTEMPLOYMENT ASSISTANCE FOR CERTAIN DIA EMPLOY-
EES. 
(a) ASSISTANCE AUTHORIZED.—Subsection (e) of section 1604 
of title 10, United States Code, is amended by adding at the end 
the following new paragraph: 
''(4XA) Notwithstanding any other provision of law, the Sec-
retary of Defense may use appropriated funds to assist employees 
who nave been in sensitive positions in the Defense Intelligence 
Agency and who are found to be ineligible for continued access 
to Sensitive Compartmented Information and employment with the 
Defense Intelligence Agency, or whose employment with the Defense 
Intelligence Agency has been terminated— 
"(i) in finding and qualifying for subseauent employment: 
"(ii) in receiving treatment of medical or psychological 
disabilities; and 
"(iii) in providing necessary financial support during peri-
ods of imemployment. 
"(B) Assistance may be provided imder subparagraph (A) only 
if the Secretary determines that such assistance is essential to 
maintain the judgpnent and emotional stability of such employee 
and avoid circimistances that might lead to the imlawful disclosure 
of classified information to which such employee had access. Assist-
ance provided under this paragraph for an employee shall not 
be provided any longer than five years after the termination of 
the employment of the employee. 
106 STAT. 3184 
PUBLIC LAW 102-496—OCT. 24, 1992 
Reports. 
"(C) The Secretary shall report annually to the Committees 
on Appropriations of the Senate and House of Representatives, 
the Select Committee on Intelligence of the Senate, and the 
Permanent Select Committee on Intelligence of the House of Rep-
resentatives with respect to any expenditure made pursuant to 
this paragraph.". 
1
0 use 1
6
0
4 
(b) FIRST ANNUAL REPORT.—The first report under paragraph 
note 
(4) of section 1604(e) of title 10, United States Code, shall be 
submitted not later than 12 months after the date of the enactment 
of this Act. 
SEC. 402. INCLUSION OF SENIOR EXECUTIVE SERVICE POSITIONS IN 
CIVILIAN INTELUGENCE PERSONNEL SYSTEM. 
(a) INCLUSION OF SENIOR EXECUTIVE SERVICE POSITIONS.—Sec-
tion 1590 of title 10, United States Code, is amended— 
(1) in subsection (aXl)— 
(A) by inserting ", including positions in the Senior 
Executive Service," after "positions"; and 
(B) by inserting after "such departments" the following: 
", except that the total number of positions in the Senior 
Executive Service established pursuant to this section may 
not exceed one-half of one percent of the total number 
of all civilian intelligence positions established pursuant 
to this section;"; 
(2) in subsection (b), by inserting after the first sentence 
the following new sentence: "The Secretary shall also fix rates 
of pay for positions in the Senior Executive Service established 
pursuant to this section that are not in excess of the maximimi 
rate or less than the minimum rate of basic pay established 
pursuant to section 5382 of title 5."; and 
(3) by adding at the end the following new subsections: 
Regulations. 
«(f) With regard to any position in the Senior Executive Service 
which may be established pursuant to this section, the Secretary 
of Defense shall prescribe regulations to implement this section 
which are consistent with the requirements set forth in sections 
3131, 3132(aX2), 3393a, 3396(c), 3592, 3595(a), 5384, and 6304, 
subsections (a), (b), and (c) of section 7543 (except that any hearing 
or appeal to which a member of the Senior Executive Service 
is entitled shall be held or decided pursuant to regulations issued 
by the Secretary), and subchapter II of chapter 43 of title 5. The 
Secretary of Defense shall also prescribe, to the extent practicable, 
regulations to implement such other provisions of title 5 as apply 
to members of the Senior Executive Service or to individuals apply-
ing for positions in the Senior Executive Service. 
"(g) The President, based on the recommendations of the Sec-
retary of Defense, may award a rank referred to in section 4507 
of title 5 to members of the Senior Executive Service whose positions 
may be established pursuant to this section. The awarding of such 
a rank shall be made in a manner consistent with the provisions 
of that section.". 
(b) CONFORMING AMENDMENT.—Section 3132(aXl)(B) of title 
5, United States Code, is amended by inserting after "National 
Security Agencjr" the following: ", Department of Defense intel-
ligence activities the civilian employees of which are subject to 
section 1590 of title 10,". 
PUBLIC LAW 102-496—OCT. 24, 1992 
106 STAT. 3185 
SEC. 403. NOnCE TO CONGRESSIONAL INTELUGENCE COMMITTEES 
OF DEPARTMENT OF DEFENSE REAL PROPERTY TRANS-
ACTIONS AND CONSTRUCTION PROJECTS INVOLVING 
INTELUGENCE AGENCIES. 
(a) REAL PROPERTY TRANSACTIONS.—(1) Section 2662 of title 
10, United States Code, is amended by adding at the end the 
following new subsection: 
"(f) whenever a transaction covered by this section is made Reports, 
by or on behalf of an intelligence component of the Department 
of Defense or involves real property used by such a component, 
any report under this section with respect to the transaction that 
is submitted to the Committees on Armed Services of the Senate 
and the House of Representatives shall be submitted concurrently 
to the Permanent Select Committee on Intelligence of the House 
of Representatives and the Select Committee on Intelligence of 
the Senate.". 
(2XA) The heading of such section is amended to read as 
follows: 
*
*
§ 2662. Real property transactions: reports to congressional 
committees^. 
(B) The item relating to such section in the table of sections 
at the beginning of chapter 159 of such title is amended to read 
as follows: 
"2662. Real property transactions: reports to congressional committees.". 
(b) CONSTRUCTION PROJECTS.—Section 2801(cX4) of such title 
is amended by inserting before the period at the end the following: 
"and, with respect to any project to be carried out bjr, or for 
the use of, an intelligence component of the Department or Defense, 
the Permanent Select Committee on Intelligence of the House of 
Representatives and the Select Committee on Intelligence of the 
Senate". 
SEC. 404. AMENDMENTS TO NATIONAL SECURITY EDUCATION ACT OF 
1991. 
(a) REDESIGNATION OF ACT.—Section 801(a) of the National 
Security Education Act of 1991 (title VIII of Public Law 102-
183; 50 U.S.C. 1901 et seq.) is amended to read as follows: 
**(a) SHORT TITLE.—This title may be cited as the David L. 
Boren National Security Education Act of 1991* .**. 
(b) PROGRAM REVISIONS.—Section 802(a) of such Act (50 U.S.C. 
1902(a))— 
(1) in paragraph (IXA), by inserting "or equivalent term," 
after "at least one academic semester"; 
(2) in paragraph (IXBXi), by striking out "in the United 
States" ana inserting in lieu thereof "as part of a graduate 
degree program of a United States institution of higher edu-
cation"; and 
(3) in paragraph (4), by adding at the end the following 
new sentence: "In addition, the Secretary may enter into per-
sonal service contracts for periods up to one year for program 
administration, except that not more than 10 such contracts 
may be in effect at any one time.". 
(c) REPEAL OF REQUIRED ENTITY TO ADMINISTER PROGRAM.— 
Section 802 of such Act is further amended— 
(1) by striking out subsection (e); and 
(2) by redesignating subsection (f) as subsection (e). 
50 use 1901. 
David L. Boren 
National 
Security 
Education Act 
of 1991. 
59-194 O—93 
15:QL3(Pt. 4) 
106 STAT. 3186 
PUBLIC LAW 102-496—OCT. 24, 1992 
(d) NATIONAL SECURITY EDUCATION BOARD.—Section 803(b) of 
such Act (50 U.S.C. 1903(b)) is amended— 
(1) by redesignating paragraph (7) as paragraph (8); 
(2) by inserting after paragraph (6) the following new para-
graph (7): 
"(7) The Chairperson of the National Endowment for the 
Humanities."; and 
(3) in paragraph (8) (as so redesignated)— 
(A) by striking out "Four individuals" and inserting 
in lieu thereof "Six individuals"; and 
(B) by inserting before the period at the end the follow-
ing: "and. who may not be officers or employees of the 
Federal (jovemment". 
(e) FUND ASSETS AVAILABLE FOR INVESTMENT.—Section 804(c) 
of such Act (50 U.S.C. 1904(c)) is amended by striking out "obliga-
tion" at the end of the first sentence and inserting in lieu thereof 
"expenditure". 
(D AUTHORIZATION OF APPROPRIATIONS.—^There is authorized 
to be appropriated for fiscal year 1993 to the National Security 
Education Trust Fund established by section 804 of the David 
L. Boren National Security Education Act of 1991 (50 U.S.C. 1904) 
the sum of $30,000,000. 
SEC. 406. PAY AND ALLOWANCES FOR EMPLOYEES OF THE NATIONAL 
SECURITY AGENCY. 
Section 2 of the National Security Agency Act of 1959 (Public 
Law 86-36; 50 U.S.C. 402 note) is amended to read as follows: 
"SEC. 2. (a) The Secretary of Defense (or his designee) is author-
ized to establish such positions, and to appoint thereto, without 
regard to the civil service laws, such officers and employees, in 
the National Security Agency, as may be necessary to carry out 
the functions of such agency. The rates of basic pay for such 
positions shall be fixed by the Secretary of Defense (or his designee 
for this purpose) in relation to the rates of basic pay provided 
for in subpart D of part III of title 5, United States Code, for 
positions subject to such title which have corresponding levels of 
duties and responsibilities. Except as otherwise provided by law, 
no officer or employee of the National Security Agency shall be 
paid basic pay at a rate in excess of the maximum rate payable 
imder section 5376 of such title and not more than 70 such officers 
and employees shall be paid within the range of rates authorized 
in section 5376 of such title. 
"(b) The Secretary of Defense (or his designee) may provide 
officers and employees of the National Security Agency other com-
pensation, benefits, incentives, and allowances which are consistent 
with, and do not exceed the levels authorized for, such compensa-
tion, benefits, incentives, or allowances by title 5, United States 
Code.". 
10 use 424 note. 
SEC 406. EXEMPTION FOR NATIONAL RECONNAISSANCE OFFICE 
FROM ANY REQUIREMENT FOR DISCLOSURE OF PERSON-
NEL INFORMATION. 
(a) EXEMPTION FROM DISCLOSURE.—Except as required by the 
President or as provided in subsection (b), nothing in this Act 
or any other provision of law shall be construed to require the 
disclosure of the name, title, or salary of any person employed 
by, or assigned or detailed to, the National Reconnaissance Office 
or the disclosure of the number of such persons. 
PUBLIC LAW 102-496—OCT. 24, 1992 
106 STAT. 3187 
(b) PROVISION OF INFORMATION TO CONGRESS.—Subsection (a) 
does not apply with respect to the provision of information to 
Congress. 
TITLE 
V—FEDERAL 
BUREAU 
OF 
INVESTIGATION 
ADMINISTRATIVE 
PROVISIONS 
SEC. 501. TEMPORARY FBI AUTHORITY TO ACCEPT BEQUESTS OR 
DEVISES. 
(a) ACCEPTANCE OF BEQUESTS.—During fiscal year 1993, the 
Director of the Federal Bureau of Investigation may accept, on 
behalf of the Bureau, any bequest or devise made by a citizen 
of the United States, if such bequest or devise is used only— 
(1) to fund and administer, in accordance with regulations 
prescribed by the Director, a scholarship program for the benefit 
of the immediate families of Federal law enforcement officers 
slain or permanently disabled in the line of duty; and 
(2) to pay all necessary expenses in connection with the 
acceptance of such bequest or devise. 
(b) AUTHORITY TO USE FUNDS.—<1) Notwithstanding any other 
provision of law, proceeds from the sale of property accepted as 
a bequest or devise by the Director pursuant to subsection (a) 
shall be maintained in an interest bearing accoimt and shall remain 
available for disbursement for purposes of this section until such 
fiinds are expended. 
(2) The authority of paragraph (1) may be exercised only to 
such extent and in such amounts as are provided in advance in 
appropriation Acts. 
(c) REGULATIONS REQUIRED.—Not later than 90 days after 
accepting any bequest or devise pursuant to this section, the Direc-
tor shall prescribe regulations to implement the provisions of this 
section in a fair, equitable manner, and shall make copies of such 
regulations available to all Federal law enforcement agencies. Cop-
ies of such regulations shall also be provided the Judiciary Commit-
tees of the Senate and the House of Representatives. 
TITLE VI—CENTRAL INTELLIGENCE 
AGENCY 
SEC. 601. AUTHORITY OF CIA INSPECTOR GENERAL TO RECEIVE COM-
PLAINTS AND INFORMATION FROM ANY PERSON. 
Section 17(eX3) of the Central Intelligence Agency Act of 1949 
(50 U.S.C. 403q) is amended— 
(1) by striking out "an employee of the Agency** and insert-
ing in lieu thereof "any person**; and 
(2) by inserting "from an employee of the Agencjr** after 
"received**. 
106 STAT. 3188 
PUBLIC LAW 102-496—OCT. 24, 1992 
oiJStion 
TITLE Vn—INTELLIGENCE 
Act of 1992 
ORGANIZATION 
50 u s e 401 note. SEC. 701. SHORT TITLE. 
This title may be cited as the Intelligence Organization Act 
of 1992". 
50 use 401a. 
SEC. 702. DEFINITIONS. 
The National Security Act of 1947 (50 U.S.C. 401 et seq.) 
is amended by inserting after section 2 the following new section: 
*^EFINITIONS 
"SEC. 3. As used in this Act: 
"(1) The term 'intelligence' includes foreign intelligence and 
counterintelligence. 
"(2) The term 'foreign intelligence' means information relat-
ing 
to 
Uie capabilities, intentions, or activities of foreign govern-
ments or elements tiiereof, foreign organizations, or foreign 
persons. 
"(3) The term 'counterintelligence' means information gath-
ered and activities conducted 
to 
protect against espionage, other 
intelligence activities, sabotege, or assassinations conducted 
by or on behalf of foreign governments or elements thereof, 
foreign organizations, or foreign persons, or international 
terrorist activities. 
"(4) The term 'intelligence conmiimit/ includes— 
"(A) the Oflice of the Director of Central Intelligence, 
which shall include the Office of the Deputy Director of 
Central Intelligence, the National Intelligence Council (as 
provided for in section 105(bX3)), and such other offices 
as the Director may designate; 
"(B) the Central Intelligence Agency; 
*
*
(
C
) the National Security Agency; 
"(D) the Defense Intelligence Agency; 
"(E) the central imagery authority within the Depart-
ment of Defense; 
"(F) the National Reconnaissance Office; 
"(G) other offices within the Department of Defense 
for the collection of specialized national intelligence through 
reconnaissance programs; 
"(H) the intelligence elements of the Army, the Navy, 
the Air Force, the Marine Corps, the Federal Bureau of 
Investigation, the Department of the Treasury, and the 
Department of Energy; 
"(I) the Bureau of Intelligence and Research of the 
Department of Stete; and 
"(J) such other elements of any other department or 
agency as may be designated by the President, or des-
ignated jointly by the Director of Central Intelligence and 
the head of the department or agency concerned, as an 
element of the intelligence community. 
"(5) The terms 'national intelligence' and Intelligence 
related 
to 
the national security*— 
PUBLIC LAW 102-496—OCT. 24, 1992 
106 STAT. 3189 
"(A) each refer to intelligence which pertains to the 
interests of more than one department or agency of the 
Government; and 
"(B) do not refer to coimterintelligence or law enforce-
ment activities conducted by the Federal Bureau of Inves-
tigation except to the extent provided for in procedures 
agreed to by the Director of Central Intelligence and the 
Attorney General, or otherwise as expressly provided for 
in this title. 
**(6) The term 'National Foreign Intelligence Program* refers 
to all programs, projects, and activities of the intelligence 
community, as well as any other programs of the intelligence 
commimity designated jointly by the Director of Central Intel-
ligence and the head of a United States department or agency 
or by the President. Such term does not include programs, 
projects, or activities of the military departments to acquire 
mtelligence solely for the planning and conduct of tactical mili-
tary operations by United States Armed Forces.". 
SEC. 703. PARTICIPATION OF THE DIRECTOR OF CENTRAL INTEL-
UGENCE IN THE NATIONAL SECURTIY COUNCIL. 
Section 101 of the National Security Act of 1947 (50 U.S.C. 
402) is amended by adding at the end thereof the following new 
subsection: 
**(h) The Director of Central Intelligence (or, in the Director's 
absence, the Deputy Director of Central Intelligence) may, in the 
performance of the Director's duties under this Act and subject 
to the direction of the President, attend and participate in meetings 
of the National Security Council.". 
SEC. 
704. 
APPOINTMENT 
OF 
THE 
DIRECTOR 
AND 
DEPUTY 
DIRECTOR 
OF 
CENTRAL 
INTELUGENCE. 
Section 102 of the National Security Act of 1947 (50 U.S.C. 
403(a)) is amended— 
(1) by inserting "(ir after "(a)"; 
(2) in the first sentence of subsection (a)— 
(A) by striking out "under the National Security Coim-
cil"; and 
(B) by striking out "with a Director" and all that follows 
through "disability"; and 
(3) by striking out the second sentence of subsection (a) 
and subsections (b) through (f) and inserting in lieu thereof 
the following: 
"(2) There shall be a Director of Centred Intelligence who shall President. 
be appointed by the President, by and with the advice and consent 
of the Senate. The Director shall— 
"(A) serve as head of the United Stetes intelligence commu-
nity; 
"(B) act as the principal adviser to the President for intel-
ligence matters related to the national security; and 
"(C) serve as head of the Central Intelligence Agency. 
"(b) To assist the Director of Central Intelligence in carrying 
out the Director's responsibilities under this Act, there shall be 
a Deputy Director of Central Intelligence, who shall be appointed 
by the President, by and with the advice and consent of the Senate, 
who shall act for, and exercise the powers of, the Director during 
the Director's absence or disability. 
106 STAT. 3190 
PUBLIC LAW 102-496—OCT. 24, 1992 
'XcXD The Director or Deputy Director of Central Intelligence 
may be appointed from among the commissioned officers of the 
Armed Forces, or from civilian life, but at no time shall both 
positions be simultaneously occupied by commissioned officers of 
the Armed Forces, whether m an active or retired status. 
'X2) It is the sense of the Congress tiiat under ordinary cir-
cumstances, it is desirable that either the Director or the Deputy 
Director be a commissioned officer of the Armed Forces or that 
either such appointee otherwise have, by training or experience, 
an appreciation of military intelligence activities and requirements. 
C3XA) A commissioned officer of the Armed Forces appointed 
pursuant to paragraph (2) or (3), while serving in such position— 
"(i) shall not be subject to supervision or control by the 
Secretary of Defense or by any ofHcer or employee of the Depart-
ment of Defense; 
''(ii) shall not exercise, by reason of the officer's status 
as a commissioned officer, any supervision or control with 
respect to any of the military or civilian personnel of the 
Department of Defense except as otherwise authorized by law; 
ana 
"(iii) shall not be counted against the niunbers and percent-
ages of commissioned officers of the rank and grade of such 
ofiicer authorized for the military department of which such 
ofilcer is a member. 
"(B) Except as provided in clause (i) or (ii) of paragraph (A), 
the appointment of a commissioned officer of the Armed Forces 
pursuant to paragraph (2) or (3) shall in no way affect the status, 
position, rank, or grade of such officer in the Armed Forces, or 
any emolument, perquisite, right, i)rivilege, or benefit incident to 
or arising out of any such status, position, rank, or grade. 
*\C) A commissioned officer of the Armed Forces appointed 
pursuant to subsection (a) or (b), while serving in such position, 
shall continue to receive military pay and allowances (including 
retired pay) payable to a commissionea ofiicer of the officer's grade 
and length of service for which the appropriate military department 
shall be reimbursed from funds available to the Director of Central 
Intelligence. 
"(d) The Office of the Director of Central Intelligence shall, 
for administrative purposes, be within the Central Intelligence 
Agency.". 
SEC. 705. RESPONSmiUnES AND AUTHORITIES OF THE DIRECTOR 
OF CENTRAL INTELUGENCE. 
(a) IN GENERAL.—The National Security Act of 1947 (50 U.S.C. 
401 et seq.) is amended— 
50 use 403-1. 
(1) by striking out section 102a; 
50 use 404, 
(2) by redesignating sections 103 and 104 as sections 107 
^®^®- 
and 108, respectively; and 
(3) bv inserting after section 102, as amended by section 
721, the following new sections: 
"RESPONSIBILITIES OF THE DIRECTOR OF CENTRAL INTELUGENCE 
50 use 403-3. 
"SEC. 103. (a) PROVISION OF INTELUGENCE.—(1) Under the 
direction of the National Security Council, the Director of Centxid 
Intelligence 
shall 
be 
responsible 
for 
providing 
national 
intelligence— 
"(A) to the President; 
PUBLIC LAW 102-496—OCT. 24, 1992 
106 STAT. 3191 
"(B) to the heads of departments and agencies of the execu-
tive branch; 
"(C) to the Chairman of the Joint Chiefs of Staff and 
senior military commanders; and 
"(D) where appropriate, to the Senate and House of Rep-
resentatives and the committees thereof. 
"(2) Such national intelligence should be timely, objective, 
independent of political considerations, and based upon all sources 
available to the intelligence commimity. 
"(b) NATIONAL INTELLIGENCE COUNCIL.—(IXA) There is estab- Establishment, 
lished within the Office of the Director of Central Intelligence 
the National Intelligence Coimcil (hereafter in this section referred 
to as the 'Council'). The Council shall be composed of senior analysts Reports. 
within the intelligence community and substantive experts from 
the public and private sector, who shall be appointed by, report 
to, and serve at the pleasure of, the Director of Central Intelligence. 
"(B) The Director shall prescribe appropriate security require-
ments for personnel appointed from the private sector as a condition 
of service on the Coimcil to ensure the protection of intelligence 
sources and methods while avoiding, wherever possible, unduly 
intrusive requirements which the Director considers to be unneces-
sary for this purpose. 
"(2) The Council shall— 
"(A) produce national intelligence estimates for the Grovem-
ment, including, whenever the Council considers appropriate, 
alternative views held by elements of the intelligence commu-
nity; and 
"(B) otherwise assist the Director in canying out the 
responsibilities described in subsection (a). 
"(3) Within their respective areas of expertise and under the 
direction of the Director, the members of the Council shall constitute 
the senior intelligence advisers of the intelligence community for 
purposes of representing the views of the intelligence community 
within the Government. 
"(4) The Director shall make available to the Council such 
staff as may be necessary to permit the Council to carry out its 
responsibilities under this subsection and shall take appropriate 
measures to ensure that the Council and its staff satisfy the needs 
of policymaking officials and other consumers of intelligence. 
"(5) The heads of elements within the intelligence community 
shall, as appropriate, furnish such support to the Council, including 
the preparation of intelligence tinalyses, as may be required by 
the Director. 
"(c) HEAD OF THE INTELLIGENCE COMMUNITY.—In the Director's 
capacity as head of the intelligence communitv, the Director shall— 
"(1) develop and present to the President an annual budget 
for the National Foreign Intelligence Program of the United 
States; 
"(2) establish the requirements and priorities to govern 
the collection of national intelligence by elements of the intel-
ligence community; 
"(3) promote and evaluate the utility of national intelligence 
to consumers within the Government; 
"(4) eliminate waste and unnecessary duplication within 
the intelligence community; 
"(5) protect intelligence 
sources and methods 
from 
unauthorized disclosure; and 
106 STAT. 3192 
PUBLIC LAW 102-496—OCT. 24, 1992 
"(6) perform such other functions as the President or the 
National Security Council may direct. 
"(d) HEAD OF THE CENTRAL INTELUGENCE AGENCY.—In the 
Director's capacity as head of the Central Intelligence Agency, the 
Director shall— 
"(1) collect intelligence through human sources and by other 
appropriate means, except that the Agency shall have no poUce, 
subpoena, or law enforcement powers or internal security func-
tions; 
''(2) provide overall direction for the collection of national 
intelligence through human sources by elements of the intel-
ligence community authorized to undertake such collection and, 
in coordination with other agencies of the Government which 
are authorized to undertake such collection, ensure that the 
most effective use is made of resources and that the risks 
to the United States and those involved in such collection 
are minimized: 
"(3) correlate and evaluate intellig^ence related to the 
national seciuity and providing appropriate dissemination of 
such intelligence; 
"(4) perform such additional services as are of common 
concern to the elements of the intelligence community, which 
services the Director of Central Intelligence determines can 
be more efficiently accomplished centrally; and 
"(5) perform such other functions and duties related to 
intelligence affecting the national security as the President 
or the National Security Council may direct. 
"AUTHORITIES OF THE DIRECTOR OF CENTRAL INTELLIGENCE 
50 use 403-4. 
"SEC. 104. (a) ACCESS TO INTELLIGENCE.—To the extent rec-
ommended by the National Security Council and approved by tiie 
President, the Director of Central Intelligence shall have access 
to all intelligence related to the national security which is collected 
by any department, agency, or other entity of the United Stetes. 
"(b) APPROVAL OF BUDGETS.—The Director of Central Intel-
ligence shall provide guidance to elements of the intelligence 
community for the preparation of their annual budgets and shall 
approve such budgets oefore their incorporation in the National 
Foreign Intelligence Program. 
"(c) ROLE OF DCI IN REPROGRAMMING.—NO funds made avail-
able under the National Foreign Intelligence Program may be 
reprogrammed by any element of the intelligence community with-
out the prior approval of the Director of Central Intelligence except 
in accordance with procedures issued by the Director. 
"(d) TRANSFER OF FUNDS OR PERSONNEL WITHIN THE NATIONAL 
FOREIGN INTELUGENCE PROGRAM.—<1) In addition to any other 
authorities available under law for such purposes, the Director 
of Central Intelligence, with the approval of the Director of the 
Office of Management and Budget, may transfer funds appropriated 
for a program within the National Foreign Intelligence Program 
to another such program and, in accordance with procedures to 
be developed by the Director and the heads of affected depcutments 
and agencies, may transfer personnel authorized for an element 
of the intelligence commimity to another such element for periods 
up to a year. 
"(2) A transfer of fimds or personnel may be made under 
this subsection only i
f
— 
PUBLIC LAW 102-496—OCT. 24, 1992 
106 STAT. 3193 
"(A) the funds or personnel are being transferred to an 
activity that is a higher priority intelligence activity; 
"(B) the need for funds or personnel for such activity is 
based on unforeseen requirements; 
"(C) the transfer does not involve a transfer of funds to 
the Reserve for Contingencies of the Central Intelligence 
Agency; 
"(D) the transfer does not involve a transfer of funds or 
personnel from the Federal Bureau of Investigation; and 
"(E) the Secretary or head of the department which contains 
the affected element or elements of the intelligence community 
does not object to such transfer. 
"(3) Funds transferred under this subsection shall remain avail-
able for the same period as the appropriations account to which 
transferred. 
"(4) Any transfer of funds under this subsection shall be carried 
out in accordance with existing procedures applicable to 
reprogramming notifications for the appropriate congressional 
committees, ^ y proposed transfer for which notice is given to 
the appropriate congressional committees shall be accomp£Uiied by 
a report explaining the nature of the proposed transfer and how 
it satisfies the requirements of this subsection. In addition, the 
Select Committee on Intelligence of the Senate and the Permanent 
Select Committee on Intelligence of the House of Representatives 
shall be promptly notified of any transfer of fimds made pursuant 
to this subsection in any case in which the transfer would not 
have otherwise required reprogramming notification under proce-
dures in effect as of the date of the enactment of this section. 
"(5) The Director shall promptly submit to the Select Committee Reports. 
on Intelligence of the Senate and to the Permanent Select Commit-
tee on Intelligence of the House of Representatives and, in the 
case of the transfer of personnel to or from the Department of 
Defense, the Committees on Armed Services of the Senate and 
House of Representatives, a report on any transfer of personnel 
made pursuant to this subsection. The Director shall include in 
any such report an explanation of the nature of the transfer and 
how it satisfies the requirements of this subsection. 
"(e) COORDINATION WITH FOREIGN GOVERNMENTS.—Under the 
direction of the National Security Council and in a manner consist-
ent with section 207 of the Foreign Service Act of 1980 (22 U.S.C. 
3927), the Director shall coordinate the relationships between ele-
ments of the intelligence community and the intelligence or security 
services of foreign governments on all matters involving intelligence 
related to the national security or involving intelligence acquired 
through clandestine means. 
"(0 USE OF PERSONNEL.—The Director shall, in coordination 
with the heads of departments and agencies with elements in 
the intelligence commimity, institute policies and programs within 
the intelligence community— 
"(1) to provide for the rotation of personnel between the 
elements of the intelligence community, where appropriate, 
and to make such rotated service a factor to be considered 
for promotion to senior positions; and 
''(2) to consolidate, wherever possible, personnel, adminis-
trative, and security programs to reduce the overall costs of 
these activities within the intelligence commimity. 
106 STAT. 3194 
PUBLIC LAW 102-496—OCT. 24, 1992 
"(g) TERMINATION OF EMPLOYMENT OF CIA EMPLOYEES.—Not-
withstanding the provisions of any other law, the Director may, 
in the Director's discretion, terminate the employment of any officer 
or employee of the Central Intelligence Agency whenever the Direc-
tor shall deem such termination necessary or advisable in the 
interests of the United States. Any such termination shall not 
afTect the right of the officer or employee terminated to seek or 
accept employment in any other department or agency of the 
Government if declared eligible for such emplo)nnent by the Office 
of Personnel Management.**. 
(b) AMENDMENT TO TABLE OF CONTENTS.—The table of contents 
in the first section of the National Security Act of 1947 is amended 
by striking out the items relating to sections 102a and 103 and 
inserting in lieu thereof the following new items: 
"Sec. 103. Responsibilities of the Director of Central Intelligence. 
"Sec. 104. Authorities of the Director of Central Intelligence. 
"Sec. 107. National Security Resources Board. 
"Sec. 108. Annual National Security Strategy Report.". 
SEC. 706. RESPONSIBILrriES OF THE SECRETARY OF DEFENSE 
PERTAINING TO THE NATIONAL FOREIGN INTELUGENCE 
PROGRAM. 
(a) IN GENERAL.—The National Security Act of 1947 (50 U.S.C. 
401 et seq.) is amended by inserting after section 104 (as added 
by section 705) the following new sections: 
"RESPONSIBILITIES OF THE SECRETARY OF DEFENSE PERTAINING TO 
THE NATIONAL FOREIGN INTELLIGENCE PROGRAM 
50 use 403-5. 
«SEC. 105. (a) IN GENERAL.—The Secretary of Defense shall— 
"(1) ensure that the budgets of the elements of the intel-
ligence commimity within the Department of Defense are ade-
quate to satisfy the overall intelligence needs of the Department 
of Defense, including the needs of the chairman of the Joint 
Chiefs of Staff and the commanders of the unified and specified 
commands and, wherever such elements are performing 
govemmentwide functions, the needs of other departments and 
agencies; 
"(2) ensure appropriate implementation of the policies and 
resource decisions of the Director of Central Intelligence by 
elements of the Department of Defense within the National 
Foreign Intelligence Program; 
"(3) ensure that the tactical intelligence activities of the 
Department of Defense complement and are compatible with 
intelligence activities imder the National Foreign Intelligence 
Program; 
"(4) ensure that the elements of the intelligence commimity 
within the Department of Defense are responsive and timely 
with respect to satisfying the needs of operational military 
forces; 
"(5) eliminate waste and unnecessary duplication among 
the intelligence activities of the Department of Defense; and 
"(6) ensure that intelligence activities of the Department 
of Defense are conducted jointly where appropriate. 
"(b) RESPONSIBIUTY FOR THE PERFORMANCE OF SPECIFIC FUNC-
TlONS.^Honsistent with sections 103 and 104 of this Act, the Sec-
retary of Defense shall ensure— 
PUBLIC LAW 102-496—OCT. 24, 1992 
106 STAT. 3195 
"(1) through the National Security Agency (except as other-
wise directed by the President or the National Security Coun-
cil), the continued operation of an effective unified organization 
for the conduct of signals intelligence activities and shall ensure 
that the product is disseminated in a timely manner to author-
ized recipients; 
"(2) through a central imagery authority (except as other-
wise directed by the President or the National Security Coun-
cil), with appropriate representation from the intelligence 
community, the continuea operation of an effective unified 
organization within the Department of Defense for carrying 
out tasking of imagery collection, for the coordination of imagery 
processing and exploitation activities, and for ensuring the 
dissemination of imagery in a timely manner to authorized 
recipients; 
"(3) through the National Reconnaissance Office (except 
as otherwise directed by the President or the National Security 
Council), the continued operation of an effective 
unified 
organization for the research and development, acquisition, and 
operation of overhead reconnaissance systems necessary to 
satisfy the requirements of all elements of the intelligence 
community; 
"(4) through the Defense Intelligence Agency (except as 
otherwise directed by the President or the National Security 
Council), the continued operation of an effective unified system 
within the Department of Defense for the production of timely, 
objective military and military-related intelligence, based upon 
all sources available to the intelligence community, and shall 
ensure the appropriate dissemination of such intelligence to 
authorized recipients; 
"(5) through the Defense Intelligence Agency (except as 
otherwise directed by the President or the National Security 
Council), effective management of Department of Defense 
human intelligence activities, including defense attaches; and 
"(6) that the military departments maintain 
sufficient 
capabilities to collect and produce intelligence to meet— 
"(A) the requirements of the Director of Central Intel-
ligence; 
"(B) the requirements of the Secretary of Defense or 
the Ch£drman of the Joint Chiefs of Staff; 
"(C) the requirements of the unified and specified 
combatant commands and of 
joint operations; and 
"(D) the specialized requirements of the military 
departments for intelligence necessary to support tactical 
commanders, military planners, the research and develop-
ment process, the acquisition of military equipment, and 
training and doctrine. 
"(c) USE OF ELEMENTS OF DEPARTMENT OF DEFENSE.—The Sec-
retary of Defense, in canying out the functions described in this 
section, may use such elements of the Department of Defense as 
may be appropriate for the execution of those functions, in addition 
to, or in lieu of, the elements identified in this section. 
"ADMINISTRATIVE PROVISIONS PERTAINING TO DEFENSE ELEMENTS 
WITHIN THE INTELLIGENCE COMMUNITY 
"SEC. 
106. 
(a) 
CONSULTATIONS WITH REGARD TO CERTAIN 
50USC403-6. 
APPOINTMENTS.—^liie Secretary of Defense shall undertake appro-
106 STAT. 3196 
PUBLIC LAW 102-496—OCT. 24, 1992 
CIARDS 
Technical 
C!orrections Act 
of 1992. 
priate consultations with the Director of Central Intelligence before 
the appointment of any individual as head of the National Security 
Agency, the National Keconnaissance Office, or the Defense Intel-
Ugence Agency. 
"(b) APPOINTMENT OF HEAD OF CENTRAL IMAGERY AUTHORITY.— 
The Secretaiy shall appoint, upon the recommendation of the Direc-
tor, the head of the central imagery authority within the Depart-
ment of Defense.*. 
(b) AMENDMENT TO TABLE OP CONTENTS.—The table of contents 
in the first section of such Act is amended by inserting after 
the item relating to section 104 (as added by section 705(b)) the 
following new items: 
"Sec. 105. Responsibilities of the Secretary of Defense pertaining to the National 
Foreign Intelligence Program. 
"Sec. 106. Administrative provisions pertaining to defense elements within the 
intelligence community.". 
TITLE VIII—RESTATEMENT OF CIARDS 
STATUTE 
50 use 2001 
note. 
Central 
Intelligence 
Agency 
Retirement Act. 
50 u s e 2001 
note. 
SEC. 801. SHORT TITLE. 
This title may be cited as the "CIARDS Technical Corrections 
Act of 1992". 
SEC. 802. RESTATEMENT OF ACT. 
The Central Intelligence Agency Retirement Act of 1964 for 
Certain Employees (50 U.S.C. 403 note) is amended to read as 
follows: 
'SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
**(a) SHORT TITLE.—This Act may be cited as the 'Central Intel-
ligence Agency Retirement Act'. 
"(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
"Sec. 1. Short title; table of contents. 
"TITLE I—DEFINITIONS 
"Sec. 101. Definitions relating to the system. 
"Sec. 102. Definitions relating to participants and annuitants. 
"TITLE II—THE CENTRAL INTELUGENCE AGENCY RETIREMENT AND 
DISABIUTY SYSTEM 
"PART A—ESTABLISHMENT OF SYSTEM 
"Sec. 201. The CIARDS system. 
"Sec. 202. Central Intelligence Agency Retirement and Disability Fund. 
"Sec. 203. Participants in the CIARDS system. 
"Sec. 204. Annuitants. 
"PART B—CONTRIBUTIONS 
"Sec. 211. Contributions to fimd. 
"PART C—COMPUTATION OF ANNUITIES 
"Sec. 221. Computation of annuities. 
"Sec. 222. Annuities for former spouses. 
"Sec. 223. Election of survivor benefits for certain former spouses divorced as of 
November 15.1982. 
"Sec. 224. Survivor annuity for certain other former spouses. 
"Sec. 225. Retirement annuity for certain former spouses. 
"Sec. 226. Survivor annuities for previous spouses. 
PUBLIC LAW 102-496—OCT. 24, 1992 
106 STAT. 3197 
"PART D—BENEFITS ACCRUING TO CERTAIN PARTICIPANTS 
"Sec. 231. Retirement for disability or incapacity—medical examination—^recovery. 
"Sec. 232. Death in service. 
"Sec. 233. Voluntary retirement. 
"Sec. 234. Discontinued service benefits. 
"Sec. 235. Mandatory retirement. 
"Sec. 236. Eligibility for annuity. 
"PART E—LUMP-SUM PAYMENTS 
"Sec. 241. Lump-sum payments. 
"PART F—PERIOD OF SERVICE FOR ANNUITIES 
"Sec. 251. Computation of length of service. 
"Sec. 252. Prior service credit. 
"Sec. 253. Credit for service while on military leave. 
"PART G—MONEYS 
"Sec. 261. Estimate of appropriations needed. 
"Sec. 262. Investment of moneys in the fund. 
"Sec. 263. Payment of benefits. 
"Sec. 264. Attachment of moneys. 
"Sec. 265. Recovery of paymente. 
"PART H—RETIRED PARTICIPANTS RECALLED, REINSTATED, OR REAPPOINTED IN THE 
AGENCY OR REEMPLOYED IN THE GOVERNMENT 
"Sec. 271. Recall. 
"Sec. 272. Reemployment. 
"Sec. 273. Reemplojrment compensation. 
"PART I—VOLUNTARY CONTRIBUTIONS 
"Sec. 281. Voluntary contributions. 
"PART J—COST-OF-LIVING ADJUSTMENT OF ANNUITIES 
"Sec. 291. Cost-of-living a^jiistment of annuities. 
"PART K—CONFORMITY WITH CIVIL SERVICE RETIREMENT SYSTEM 
"Sec. 292. Authority to maintain existing areas of conformity between Civil Service 
and Central Intelligence Agency Retirement and Disability Systems. 
"Sec. 293. Thrift savings plan participation. 
"Sec. 294. Alternative forms 01 annuities. 
"Sec. 295. Payments from CIARDS fund for portions of certain Civil Service Retire-
ment System annuities. 
"TITLE III—PARTICIPATION IN THE FEDERAL EMPLOYEES' RETIREMENT 
SYSTEM 
"Sec. 301. Application of Federal Employees' Retirement System to Agency employ-
ees. 
"Sec. 302. Special rules relating to section 203 criteria employees. 
"Sec. 303. Special rules for other employees for service abroad. 
"Sec. 304. Special rules for former spouses. 
"Sec. 305. Administrative provisions. 
"Sec. 306. Regulations. 
"Sec. 307. Transition regulations. 
**TITLE I—DEFINITIONS 
"SEC. 101. DEFINITIONS RELATING TO THE SYSTEM. 
50 USC 2001. 
"When used in this Act: 
"(1) AGENCY.—The term 'Agency* means the Central Intel-
Ugence Agency. 
"(2) DIRECTOR.—^The term 'Director* means the Director 
of Central Intelligence. 
"(3) QUALIFYING SERVICE.—^The term 'qualifying service' 
means service determined by the Director to have been per-
formed in carrying out duties described in section 203. 
106 STAT. 3198 
PUBLIC LAW 102-496—OCT. 24, 1992 
"(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 LIABIUTY.—The term 'imiunded liability* 
means the estimated amount by which— 
"(A) the present value of all benefits payable from 
the fund exceeds 
**(B) 
tiie 
sum o
f
—
• 
"(i) the present value of deductions to be withheld 
from the future basic pay of participants subject to 
title II and of future Agency contributions to be made 
on the behalf of such participants; 
"(ii) the present value of Grovemment payments 
to the fond under sections 261(c) and 261(d); and 
"(iii) the fimd 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 me cost of benefits payable under tne system (computed 
in accordance with generally accepted actuarial practice on 
an entry-age basis) less the value o
f
^ 
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, amounts deposited by 
a participant covering earlier service, including an^ amoimts 
deposited under section 252(h), and interest detenmned under 
section 281. 
"(8) CONGRESSIONAL INTELUGENCE COMMITTEES.—The term 
'congressional intelligence committees' means the Permanent 
Select Committee on Intelligence of the House of Represente-
tives and the Select Committee on Intelligence of the Senate. 
"(9) EMPLOYEE.—^The term 'employee includes an officer 
of the Agency. 
50 use 2002. 
«SEC. 102. DEFINITIONS RELATING TO PARTICIPANTS AND ANNU-
ITANTS. 
**(a) GENERAL DEFiNrnoNS.—When used in title II: 
"(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 
PUBLIC LAW 102-496—OCT. 24, 1992 
106 STAT. 3199 
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 M
O
N
T
H
S AFTER MARRIAGE.—In a case in which the partici-
pant or retired participant dies within the 9-month period 
oeginning 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 i
f
— 
**(i) the death of the participant or retired partici-
pant was accidental; or 
"(ii) the surviving wife or husband had been pre-
viously 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, i99i.—In 
the case of a divorce that became final on or before Decem-
ber 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 th£Ui 
10 years during periods of the participant's creditable serv-
ice, 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 partici-
pant'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 203. 
"(C) CREDITABLE SERVICE.—^For purposes of subpara-
graphs (A) and (B), the term 'creditable service' means 
all periods of a participant's service that are creditable 
under sections 251, 252, and 253. 
"(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 £
u
*
e creditable under sections 
251, 252, and 253. 
"(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; 
106 STAT. 3200 
PUBLIC LAW 102-496—OCT. 24, 1992 
"(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 settle-
ment 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) DEFINITION OF CHILD.—For purposes of sections 221 and 
232: 
"(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 partici-
pant or retired participant, and who is adopted by 
the surviving spouse sifter 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 (Usability 
incurred before age 18. 
"(C) 
STUDENTS.—An immarried dependent 
child 
between 18 and 22 years of age who is a student reg^ularly 
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 calendsir 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 diiring 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. 
PUBLIC LAW 102-496—OCT. 24, 1992 
106 STAT. 3201 
**(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 Uving with or contributing to 
the support of the child, as determined in accordance with 
regulations prescribed imder title IL 
"(4) EXCLUSION OF STEPCHILDREN FROM LUMP-SUM PAY-
MENT.—^For purposes of section 241(c), the term 'child' includes 
an adopted child and a natural child, but does not include 
a stepchild. 
"TITLE 
II—THE 
CENTRAL 
INTEL-
LIGENCE AGENCY RETIREMENT AND 
DISABILITY SYSTEM 
"Part A—^Establishment of System 
*«£€. 201. THE CIARDS SYSTEM. 
50 USC 2011. 
"(a) IN GENERAL.— 
"(l) ESTABLISHMENT OF SYSTEM.—There is a retirement 
and disability system for certain employees of the Central Intel-
ligence Agency known as the Central Intelligence Agency 
Retirement and Disability System (hereinafter in this Act 
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 regu-
lations 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 admin-
ister tiie system in accordance with regulations prescribed imder 
this title and with the principles established by this title. 
"(c) FINAUTY 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 the proviso of section 102(dX3) 
of the National Security Act of 1947 (50 U.S.C. 403(dX3)) that 
the Director of Central Intelligence shall be responsible for protect-
ing intelligence sources and methods from unauthorized disclosure, 
and notwithstanding the provisions of chapter 7 of title 5, United 
States Code, or any other provision of law (except section 305(b) 
of this Act), any determination by the Director authorized by this 
Act shall be final and conclusive and shall not be subject to review 
by any court. 
'nSEC. 202. CENTRAL INTELUGENCE AGENCY RETIREMENT AND 50 USC 2012. 
DISABILITY FUND. 
The Director shall maintain the fund in the Treasury known 
as the 'Central Intelligence Agency Retirement and Disability Fund' 
(hereinafter in this Act referred to as the 'fund'), originally created 
pursuant to title II of the Central Intelligence Agency Retirement 
Act of 1964 for Certain Employees. 
106 STAT. 3202 
PUBLIC LAW 102-496—OCT. 24, 1992 
50 use 2013. 
'^EC. 203. PARTICIPANTS IN THE CIARDS SYSTEM. 
**(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 Act as 
'participants'. 
**(b) QUALIFYING SERVICE.—^Designation of employees imder 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 Act, qualifying service is service in the Agency 
E
eriormed in carrying out duties that are determined by the 
director— 
"(1) to be m 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 A 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 
301(d). 
**(3) ELECTION NOT SUBJECT TO APPROVAL.—An election 
under this section is not subject to review or approval by 
the Director. 
50 u s e 2014. 
"SEC. 204. ANNUITANTS. 
"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 title or any other Act and are receiving an annuity from 
the fund; and 
"(2) tiiose persons who, on the basis of someone else's 
service, meet all the requirements under this title or any other 
Act for an annuity payable from the fund. 
"PartB—Contributions 
50 use 2021. 
"SEC. 211. CONTRIBUTIONS TO FUND. 
**(a) IN GENERAL.— 
"(1) PARTICIPANT'S CONTRIBUTIONS.—Except as provided in 
subsection (d), 7 percent of the basic pay received by a partici-
pant for any pay period shall be deducted and wimheld 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 appropria-
tion or fund which is used for pajonent of the participant's 
basic pay. 
"(3) DEPOSITS TO THE FUND.—The amoimts deducted and 
withheld from basic pay, together with the amounts so contrib-
uted from the appropriation or fund, shall be deposited by 
the Director to the credit of the fund. 
PUBLIC LAW 102-496—OCT. 24, 1992 
106 STAT. 3203 
*
*
(
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 title, 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 with-
held frx)m the basic pay of a participant under this section 
for pay periods after the first day of the first pay period begin-
ning after the day on which the participcuit completes 35 years 
of creditable service computed under sections 251 and 252 
(excluding service credit for unused sick leave under section 
221(aX2)) 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, United States Code, and shall be compounded annually from 
the date on which the amoimt 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 252(b).— 
Amounts described in paragraph (1), including interest 
accrued on such amounts, shall be applied upon the partici-
pant's retirement or death toward any deposit due under 
section 252(b). 
"(B) LUMP-SUM PAYMENT.—Any balance of such 
amounts not so required for such a deposit shall be 
refunded to tiie participant in a lump sum after the partici-
pant's separation (or, in the event of a death in service, 
to a beneficiary in order of precedence specified in sub-
section 241(c)), subject to the requirement under section 
241(bX4). 
"(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 accord-
ance with section 281; or 
"(ii) provide any additional survivor benefit for 
a current or former spouse or spouses, 
"(d) OFFSET FOR SOCL\L SECURITY TAXES.— 
**(1) PERSONS COVERED.—^In the case of a participant who 
was a participant subject to this title before January 1, 1984, 
and whose service— 
"(A) is employment for the purposes of title II of the 
Social Security Act and chapter 21 of the Internal Revenue 
Code of 1954, and 
"(B) is not creditable service for any purpose under 
title III of this Act or chapter 84 of title 5, United States 
Code, 
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). 
106 STAT. 3204 
PUBLIC LAW 102-496—OCT. 24, 1992 
*^2) REDUCTION IN CONTRIBUTION.—The amount deducted 
and withheld from the basic pay of a participant diiring any 
pay period pursuant to paragraph (1) shall be the excess o
f
— 
"(A) the amount determined by multiplying the percent 
applicable to the participant under subsection (a) 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 the Internal 
Revenue Code of 1954 (relating to old-age, survivors, and 
disability insurance) for that pay period. 
**Part C—Computation of Annuities 
50 use 2031. 
"SEC. 221. COMPUTATION OF ANNUITIES. 
"(a) ANNUITY OF PARTICIPANT.— 
"(1) COMPUTATION OF ANNUITY.—The annuity of a partici-
pant is the product o
f
— 
"(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 251 and 
252) 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 231) 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 aversige 
basic pay or eligibility for an annuity under this title. A deposit 
shall not be required for days of unused sick leave credited 
imder 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, lese, 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 
P
articipant's length of service before that date (increased 
y 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, i986, ANNUITY.— 
The portion of an annuity referred to in subparagraph 
(A) with respect to service after April 6, 1986, shall be 
the product o
f
— 
"(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 deter-
mined by using the annual rate of basic pay that 
would be payable for full-time service; and 
PUBLIC LAW 102-496—OCT. 24, 1992 
106 STAT. 3205 
'Xii) 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 
I
N
T
E
R
M
I
T
T
E
N
T BASIS.—Employment on a temporary or 
intermittent basis shall not oe considered to be service 
on a part-time basis for purposes of this paragraph. 
"(4) HlGH-3 A
V
E
R
A
G
E P
A
Y 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 consecu-
tive years or the participant's service (or, in the case of an 
annuity computed imder section 232 and based on less than 
3 years, over the total service) for which full contributions 
have been made to the fund. 
**(5) COMPUTATION OF SERVICE.—In determining the aggre-
gate 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 particii>ant 
shall receive a reduced annuity and provide a survivor 
annuity for the participant's spouse under this subsection 
or former spouse under section 222(b), 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 p£u*ticipant and the participant's spouse may jointly 
elect in writing at the time of retirement to waive a survi-
vor 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 follow-
ing 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 222(b) 
may not exceed the portion of the participant's annuity 
designated under this subparagraph. 
"(C) JOINT ELECTION OF PARTICIPANT AND FORMER 
S
P
O
U
S
E
.
—
^
I
f 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 264(b) to waive, reduce, or increase a survivor annu-
ity under section 222(b) 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 annul-
ment involving that former spouse becomes final, or (ii) 
at the time of retirement of the participant, whichever 
is later. 
106 STAT. 3206 
PUBLIC LAW 102-496—OCT. 24, 1992 
*
*
(
D
) UNILATERAL ELECTIONS IN ABSENCE OF SPOUSE 
O
R F
O
R
M
E
R SPOUSE.—^The Director may prescribe regula-
tions 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 
estaolishes 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 222(b)), exclud-
ing any portion of the annuity not designated or committed 
as a base for any survivor annuity, shall be reduced by 2V2 
percent of the first $3,600 plus 10 percent of any amount 
over $3,600. The reduction under this paragraph shall be cal-
culated before any reduction under section 222(a)(5). 
*
*
(
3
) AMOUNT OF SURVIVING SPOUSE ANNUITY.— 
"(A) IN GENERAL.—If a retired participant receiving 
a reduced annuity under this subsection dies and is sur-
vived 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 amoimt of the partici-
f
>ant s annuity computed under subsection (a), or (ii) any 
esser amount elected as the base for the survivor annuity 
imder paragraph (IXB). 
"(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 222(b) may 
not exceed 55 percent of the portion (if any) of the base 
for survivor annuities which remains available imder sec-
tion 222(b)(4XB). 
"(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 tne 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 fimd. 
"(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 sub-
section (b)) to w£dve a survivor annuity for the spouse, 
may, during the 18-month period beginning dn the date 
of tiie retirement of the participant, elect to have a reduc-
tion under subsection (b) made in the annuity of the psurtici-
PUBLIC LAW 102-496—OCT. 24, 1992 
106 STAT. 3207 
pant (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 participEUit 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)) that a portion of the annuity of 
such participant is to be used as the base for a survivor 
annuity, 
may, diuing 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 imder paragraph (1) 
shall not be effective unless the amount specified in 
subparagraph (B) is deposited into the fimd 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 
amoimt 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) 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 partici-
pant or former participant under this title and 
the amoimt which would have been paid if such 
election had been made at the time the participant 
or former participant applied for the annuity; and 
"(ID 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, United States Code, for the calen-
dar 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). 
"(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 
106 STAT. 3208 
PUBLIC LAW 102-496—OCT. 24, 1992 
had the participant involved elected such annuity at the time 
of retirement. 
"(d) ANNUITIES FOR SURVIVING CHILDREN.— 
"(1) PARTICIPANTS DYING BEFORE APRIL i, 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 para-
graph (3XA); and 
"(B) if the retired participant was not survived bv 
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 (3XA); and 
"(B) u the retired participant is not survived by a 
spouse or former spouse who is the natural or adoptive 
e
arent of a surviving child of the participant, there shall 
e paid to or on behalf of each such surviving child an 
annuity determined under paragraph (3XB). 
"(3) AMOUNT OF ANNUITY.— 
"(A) The annual amount of an annuity for the surviving 
child of a participant covered by paragraph (IXA) or (2XA) 
of this subsection (or covered by paragraph (IXA) or (2XA) 
of section 232(c)) is the smallest of the following: 
"(i) 60 percent of the participant's high-3 average 
E
ay, as determined under subsection (a)(4), divided 
y the number of children. 
"(ii) $900, as adjusted under section 291. 
"(iii) $2,700, as adjusted imder section 291, divided 
by the number of children. 
"(B) The amount of an annuity for the surviving child 
of a participant covered bv paragraph (IXB) or (2XB) of 
this subsection (or covered by paragraph (IXB) or (2XB) 
of section 232(c)) is the smallest of the following: 
"(i) 75 percent of the participant's high-3 average 
E
ay, as determined imder subsection (a)(4), divided 
y the number of children. 
"(ii) $1,080, as adjusted imder section 291. 
"(iii) $3,240, as adjusted imder section 291, 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 i>ayable under 
paragraph (2), upon the death of a surviving spouse or 
PUBLIC LAW 102-496—OCT. 24, 1992 
106 STAT. 3209 
former spouse or termination of the annuity of a child, 
the annuities of any remaining children shall be recom-
puted and paid as though the spouse, former spouse, or 
child had not survived the retired participant. If the annu-
ity 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) DEFINITION OF FORMER SPOUSE.—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), or under section 232(c), 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 102(b), shall begin 
or resiune on the first day of the month in which the individual 
later becomes or again becomes a student as described in section 
102(b). 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 102(b)). 
*
*
(
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 sections 221(b) and 222, 
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. The amount of such an annuity shall be equal 
to 55 percent of the participant's reduced annuity after 
the participant's death. 
"(B) REDUCTION IN PARTICIPANT'S ANNUITY.-The annu-
ity payable to the participant making such election shall 
be reouced by 10 percent of an annuity computed under 
subsection (a) and by an additional 5 percent for each 
full 5 years the designated individual is younger than 
the participant. The total reduction imder this subpara-
graph 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 individ-
ual 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 individ-
106 STAT. 3210 
PUBLIC LAW 102-496—OCT. 24, 1992 
ual, 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 iinmarried at the time of 
retirement and who later marries may irrevocably elect, in 
a signed writing received by the Director within one year after 
tiie marriage, to receive a reduced annuity as provided in 
section 221(b). 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 partici-
pant to such spouse is dissolved, be recomputed and paid for 
each full month during which a retired participant is not m£ir-
ried (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 222 or imder section 
226. 
"(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 
222(bX5) 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 sen-
tence 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 
PUBLIC LAW 102-496-OCT. 24, 1992 
106 STAT. 3211 
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. 
''(Ill) 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 maximuim of 25 percent of the net annuity other-
wise payable to the retired participant, and the 
retired participant is deemed to consent to such 
offset. 
"(IV) The deposit required by this subpara-
graph mav 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 Hie date of remarriage. A siuvivor annuity 
elected under this paragraph shall be treated in all respects 
as a survivor annuity under subsection (b). 
*
*
(
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 (bX3XC) 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 shaO not become entitled 
under section 222(b) or 224 to a survivor annuity or to the 
restoration of a survivor annuity payable from the fund unless 
the surviving former spotise elects to receive it instead of any 
other survivor annuity to which the surviving former spouse 
may be entitled under this or any otiher reHrement system 
for Government employees on the basis of a marriage to some-
one other than the participant. 
"(3) SURVIVING SPOUSE OF POST-RETIREMENT MARRIAGE.— 
A surviving spouse who married a participant after the partici-
pant'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 survivmg 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 271(b) shaU, 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. 
106 STAT. 3212 
PUBLIC LAW 102-496—OCT. 24, 1992 
Such supplemental survivor annuity shall be equal to 55 per-
cent of the supplemental annuity of the annuitant. 
"(2) REGULATIONS.—^The Director shall prescribe regula-
tions to provide for the application of paragraph (1) of this 
subsection and of subsection (b) of section 271 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 
222(b). 
"(j) OFFSET OF ANNUITIES BY AMOUNT OF SOCIAL SECURITY 
BENEFIT.—^Notwithstanding any other provision of this title, an 
annuity (including a disability annuity) payable under this title 
to an mdividual described in sections 211(dXl) and 301(cXl) and 
any survivor annuity payable under this title on the basis of the 
service of such individual shall be reduced (except as provided 
in paragraph (2)) in a manner consistent with section 8349 of 
title 5, United States Code, 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 eligi-
bility for and the computation of annuities payable from uie 
fimd under this title, at the request of the Director— 
"(A) the Secretary of Defense shall provide information 
on retired or retainer pay paid under title 10, United 
States Code; 
"(B) the Secretary of Veterans Affairs shall provide 
information on pensions or compensation paid imder title 
38, United States Code; 
"(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 imder subchapter I of chapter 81 of title 
5, United States Code. 
"(2) LIMITATION ON INFORMATION REQUESTED.—The Direc-
tor shall request only such information as the Director deter-
mines 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. 
"(1) INFORMATION ON RIGHTS UNDER THE 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); and 
"(2) to the maximiun extent practicable, inform spouses 
and former spouses of participants, former participants, and 
retired participants of their rights under this Act. 
50 use 2032. 
"SEC. 222. ANNUITIES FOR FORMER SPOUSES. 
"(a) FORMER SPOUSE SHARE OF PARTICIPANT'S ANNUITY.— 
"(1) PRO RATA SHARE.—^Unless otherwise expressly provided 
by a spousal agreement or court order imder section 264(b), 
a former spouse of a participant, former participant, or retired 
participant is entitled to an annuity— 
PUBLIC LAW 102-496—OCT. 24, 1992 
106 STAT. 3213 
"(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 partici-
pant during periods of creditable service of such participant 
under this title 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 imder this subsection commences on the day the partici-
pant upon whose service the annuity is based becomes entitled 
to an annuity imder this title or on the first day of the month 
after the divorce or annulment involved becomes final, which-
ever 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 (5XB)). 
'(5) TREATMENT OF PARTICIPANT'S ANNUITY.— 
"(A) REDUCTION IN PARTICIPANT'S ANNUITY.—The annu-
ity 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 title; and 
"(ii) any reduction in the annuity of the participant 
to provide survivor benefits under subsection (b) or 
under section 221(b). 
*
*
(
B
) TREATMENT WHEN ANNUITANT RETURNS TO SERV-
ICE.—If an annuitant whose annuity is reduced under 
subparagraph (A) is recalled to service under section 271, 
or reinstated or reappointed, in the case of a recovered 
disability annuitant, or if any annuitant is reemployed 
as provided for under sections 272 and 273, 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 annui^n^— 
"(A) the annuity of that former spouse shall commence 
on the date on wnich the participant would qualify on 
the basis of the participant's creditable service for an annu-
ity under this title (other than a disability annuity) or 
106 STAT. 3214 
PUBLIC LAW 102-496—OCT. 24, 1992 
the date on which the disability annuity begins, whichever 
is later, and 
"(B) the amoirnt 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 partici-
pant, 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 other annuity to whicn 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 
264(b) 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 R
A
T
A SHARE.—Subject to anjr election under section 
221(b)(lXB) and (C) and unless otherwise expressly provided 
bv a spousal agreement or court order under section 264(b), 
if an £mnuitant is survived by a former spouse, the former 
spouse shall be entitled— 
''(A) if married to the annuitant throughout the cred-
itable service of the annuitant, to a survivor annuity equal 
to 55 percent of the imreduced amount of the annuitant's 
annuity, as computed under section 221(a); £ind 
"(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 amoimt 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 title bears to the total nimiber 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 imder this title 
to a surviving former spouse imder this subsection shall com-
mence 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 annu-
ity 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 Ivunp Bum 
paid upon termination of the annuity is returned to the fund. 
"(4) SURVIVOR ANNUITY AMOUNT.— 
"(A) MAXIMUM AMOUNT.—^The maximimi survivor 
annuity or combination of survivor annuities under this 
subsection (and section 221(bX3)) with respect to any 
participant may not exceed 55 percent of the full amoimt 
of the participant's annuity, as calculated under section 
221(a). 
PUBLIC LAW 102-496—OCT. 24, 1992 
106 STAT. 3215 
*
*
(
B
) LIMITATION ON OTHER SURVIVOR ANNUITIES BASED 
O
N SERVICE OF SAME PARTICIPANT.—Once a survivor annu-
ity 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 
221(bX3)) 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 resison of death or remarriage. 
"(C) FINALITY OF COURT ORDER UPON DEATH OF PARTICI-
PANT.—^After the death of a participant or retired partici-
pant, a court order imder section 264(b) may not adjust 
the amoimt of the annuity of a former spouse of that 
participant or retired participant under this section. 
"(5) EFFECT OF TERMINATION OF FORMER SPOUSE ENTITLE-
MENT.— 
*
*
(
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 partici-
pant, 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, 
imless an election is in effect imder subparagraph (B). 
"(B) ELECTION OF SPOUSE ANNUITY.—Subject to para-
graph (4XB), 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 221(bX3) 
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 imder subsection (b) for a former spouse— 
"(A) such participant may elect, or 
"(B) a spousal agreement or court order under section 
264(b) 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 221, may exceed 55 percent of tiie 
unreduced amoimt of the participant's annuity, as computed 
imder section 221(a). 
"(3) CONTRIBUTION FOR ADDITIONAL ANNUITIES.— 
"(A) PROVISION OF ADDITIONAL SURVIVOR ANNUITY.— 
In accordance with regulations which the Director shall Regulations. 
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; 
106 STAT. 3216 
PUBLIC LAW 102-496—OCT. 24, 1992 
"(ii) by a lump-stun payment or installment pay-
ments to the fund; or 
"(iii) by any combination thereof. 
**(B) ACTUARIAL 
EQUIVALENCE TO BENEFir.—The 
present value of the totsd 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 DISQUAU-
F
I
C
A
T
I
O
N
.
—
^
I
f a former spouse predeceases the participant 
or remarries before attaining age 55 (or, in the case of 
a spouse, the spouse predeceases 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 termi-
nated, as the case may be; and 
Regulations. 
«*(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 sub-
section for the period such benefits were provided, 
as determined imder 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 allot-
ment terminated or adjusted), and a refund provided (if 
appropriate), in a manner comparable to that provided 
imder 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 pcirticipant dies and shall terminate on the last day of 
the month before the former spouse's death or remarriage before 
attaining age 55. 
"(5) NONAPPLICABILITY OF COLA PROVISION.—Section 291 
does not apply to an annuity under this subsection, unless 
authorized imder regulations prescribed by the Director. 
50 use 2033. 
««EC. 223. ELECTION OF SURVIVOR BENEFITS FOR CERTAIN FORMER 
SPOUSES DIVORCED AS OF NOVEMBER 15,1982. 
"(a) FORMER SPOUSES AS OF NOVEMBER 15, 1982.—A partici-
pant, former participant, or retired participant in the system who 
on November 15, 1982, had a former spoiise may, by a spousal 
agreement, elect to receive a reduced annuity and provide a survivor 
annuity for such former spouse imder section 222(b). 
"(b) TIME FOR MAKING ELECTION.— 
PUBLIC LAW 102-496—OCT. 24, 1992 
106 STAT. 3217 
"(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 pmposes of applying this title, any such elec-
tion shall be treated in the same manner as if it were a 
spousal agreement under section 264(b). 
"(c) BASE FOR ANNUITY.—An election imder 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 
tJie participant's spouse may make an election imder section 
221(bXl)(B) 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 221(bX2). 
"(2) EFFECTIVE DATE OF REDUCTION.—Such reduction shall 
be efiective as o
f
— 
"(A) the commencing date of the participant's annuity, 
in the case of an election under subsection (bKl); or 
"(B) November 15, 1982, in the case of an election 
under subsection (bX2). 
"SEC. 224. SURVIVOR ANNUITY FOR CERTAIN OTHER FORMER 50 USC 2034. 
SPOUSES. 
"(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 imder subsection (b), to a survivor annuity equal 
to 55 percent of the greater o
f
— 
"(A) the unreduced amount of the participant's or 
retired participant's annuity, as computed under section 
221(a); 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 294. 
"(2) REDUCTION IN SURVIVOR ANNUITY.—A survivor annuity 
payable imder this section shall be reduced by an amount 
equal to any survivor annuity payments made to the former 
spouse under section 223. 
"(b) LIMITATIONS.—^A former spouse is not entitled to a survivor 
annuity under this section i
f
— 
"(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 dis-
solved by death, annulment, or divorce; or 
"(2) the former spouse is less than 50 years of age. 
"(c) COMMENCEMENT AND TERMINATION OF ANNUITY.— 
59-194 O—93 
16 : QL 3 (Pt. 4) 
106 STAT. 3218 
PUBLIC LAW 102-496—OCT. 24, 1992 
"(1) COMMENCEMENT OF ANNUITY.—The entitlement of a 
former spouse to a survivor annuity imder 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 former 
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 xmder this section termi-
nates 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 imder this 
section shall not be payable imless appropriate written applica-
tion is provided to tne 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 applica-
tion provided imder 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 imder 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 
(dXD, 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 (bXD or (cX2). 
50 use 2035. 
«SEC. 226. RETIREMENT ANNUITY FOR CERTAIN FORMER SPOUSES. 
"(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 imder subsection (b), 
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 
PUBLIC LAW 102-496—OCT. 24, 1992 
106 STAT. 3219 
"(2) if not married to tiie 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 spovise remarries before age 55, except 
that the entitlement of the former spouse to an annuity imder 
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 imder this title; 
"(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 partici-
pant terminates. 
"(2) DiSABlUTY ANNUITIES.—Notwithstanding paragraph 
(lXA)(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 annu-
ity under this title (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 partici-
pant 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 £iny other 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 some-
one other than the participant. 
"(4) APPLICATION.— 
"(A) TIME LIMIT; WAIVER.—An annuity imder this sec-
tion shall not be payable unless appropriate written 
application is provided to the Director, complete with any 
supporting documentation which the Director may by regu-
lation require, not later than June 2, 1991. 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. 
106 STAT. 3220 
PUBLIC LAW 102-496—OCT. 24, 1992 
**(B) RETROACTIVE BENEFITS.—^Upon approval of an 
application under subparagraph (A), the appropriate annu-
ity shall be pavable to tiie 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 
(cX4XA), the deadline by which an application for a retirement 
annuity must be submitted shall not ai)ply in cases in which a 
former spouse's entitlement to such annuity is restored under sub-
section (bXl) or (cXlXB). 
"(e) SAVINGS PROVISION.—^Nothin^ in this section shall be con-
strued to impair, reduce, or otherwise affect the annuity or the 
entitlement to an annuity of a participant or former participant 
imder this title. 
mJSC 2036. 
««EC. 226. SURVIVOR ANNUITIES FOR PREVIOUS SPOUSEa 
The Director shall prescribe regulations under which a pre-
vious 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, United 
States Code) of participants in the Civil Service Retirement and 
Disability System (CSRS) as prescribed by the Civil Service Retire-
ment Spouse Equity Act of 1984. 
^Part D—Benefits Accruing to Certain 
Participants 
50 use 2051. 
'nSEC. 231. RETIREMENT FOR DISABILITY OR fNCAPACITY—MEDICAL 
EXAMINATION—RECOVERY. 
*
*
(
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 sub-
section (b). 
"(2) STANDARD FOR DISABILITY DETERMINATION.—A partici-
pant shall be considered to be disabled only if the participant— 
"(A) is found by the Director to be unable, because 
of disease or ii\jury, 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 partici-
pant 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 m)m the Agency or within 
one year thereafter. 
"(B) WAIVER FOR MENTALLY INCOMPETENT PARTICI-
PANT.—^The time limitation may be waived by the Director 
for a participant who, at the date of separation from tiie 
PUBLIC LAW 102-496—OCT. 24, 1992 
106 STAT. 3221 
Agency or within one year thereafter, is mentally incom-
petent, if the application is filed with the Agency within 
one year firom 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) shall be computed 
under section 221(a). However, if the disabled or incapacitated 
participant has less than 20 years of service credit toward 
retirement imder the system at the time of retirement, the 
annuity shall be computed on the assimiption that the partici-
pant 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 Uie time of retirement and age 60. 
"(2) COORDINATION WITH MILITARY RETIRED PAY AND VETER-
ANS' 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 252(eX3)) 
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 221(a), 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 of title 5, 
United States Code, 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 
imder section 221(a). 
"(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 annu-
itant can return to duty, the annuitant may apply for reinstate-
ment 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 contem-
poraries in the Agency, appoint the annuitant to a grade higher 
than the one held before retirement. 
106 STAT. 3222 
PUBLIC LAW 102-496—OCT. 24, 1992 
"(4) TERMINATION OF DISABILITY ANNurry.—Payment of the 
annuity shall continue until a date one year after the date 
of examination showing recovery or until the date of reinstate-
ment or reappointment in the Agency, whichever is earUer. 
"(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 fimd. 
"(6) SUSPENSION OF ANNUITY PENDING REQUIRED EXAMINA-
TION.—^If the annuitant fails to submit to examination as 
required under this section, pa^nnent of the annuity shall be 
suspended until continuance of the disability is satisfactorily 
established. 
"(7) TERMINATION OF ANNUITY UPON RESTORATION OF EARN-
I
N
G CAPACITY.—If the annuitant receiving a disability retire-
ment annuity is restored to earning capacity before becoming 
age 60, pajrment 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 disabiUty 
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 234 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 
234 or 241(b), except that the annuitant may elect voluntary 
retirement imder section 233, if qualified thereunder, or may 
be placed by the Director in an involuntary retirement status 
under section 235(a), if qualified thereunder. Retirement rights 
under this paragraph snail be based on the provisions of this 
title in effect as of the date on which the disability annuity 
is discontinued. 
"(3) FURTHER DISABIUTY 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-
eaming-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 annu-
itant'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 retire-
PUBLIC LAW 102-496-OCT. 24, 1992 
106 STAT. 3223 
ment annuity in the mecintime, the annuitant's reinstated 
disabihty annuity shall be substituted for it unless the annu-
itant elects to retain the former benefit. 
"(e) COORDINATION OF BENEFITS.— 
"(1) WORKERS' COMPENSATION.—A participant is not enti-
tled to receive for the same period of time— 
"(A) an annuity imder this title, and 
"(B) compensation for injury to, or disability of, such 
participant under subchapter I of chapter 81 of title 5, 
United States Code, other than compensation payable 
under section 8107 of such title. 
"(2) SURVIVOR ANNUITIES.—An individual is not entitled 
to receive an annuity under this title and a concurrent benefit 
under subchapter I of chapter 81 of title 5, United States 
Code, 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 title or subchapter I of chapter 81 of title 5, United 
States Code. 
"(f) OFFSET FROM SURVIVOR AJJNUITY FOR WORKERS' COMPENSA-
TION PAYMENT.— 
"(1) REFUND TO DEPARTMENT OF LABOR.—If an individual 
is entitled to an annuity under this title and the individual 
receives a lump-sum payment for compensation under section 
8135 of title 5, United States Code, 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 pajnnent 
of the annuity commences, as determined by the Secretary 
of Labor, shall be refunded to the Department for credit to 
the Employees' Compensation Fimd. Before the individual may 
receive the annuity, the individual shall— 
"(A) refund to the Secretary of Labor the amoimt rep-
resenting 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' Com-
pensation Fund. 
"(3) PRORATING DEDUCTION.—If the Secretary finds that 
the financial circumstances of an individual entitled to an annu-
ity under this title warrant deferred refunding, deductions from 
the annuity may be prorated against and paid from accruing 
payments in such manner as the Secretary determines appro-
priate. 
'^EC. 232. DEATH IN SERVICE. 
50 USC 2052. 
"(a) RETURN OF CONTRIBUTIONS WHEN NO ANNUITY PAYABLE.— 
If a participant dies and no claim for an annuity is payable under 
this title, the participant's lump-sum credit and any voluntary 
contributions made under section 281, with interest, shall be paid 
in the order of precedence shown in section 241(c). 
"(b) SURVIVOR ANNUITY FOR SURVIVING SPOUSE OR FORMER 
SPOUSE.— 
106 STAT. 3224 
PUBLIC LAW 102-496—OCT. 24, 1992 
"(1) IN GENERAL.—^If a participant dies before separation 
or retirement from the Agency and is survived by a spouse 
or b^ a former spouse qualifying for a survivor annuity under 
section 222(b), such surviving spouse shall be entitled to an 
annuity equal to 55 percent of the annuity computed in accord-
ance with paragraphs (2) and (3) of this subsection and section 
221(a), and any such surviving former spouse shall be entitled 
to an annuity computed in accordance with section 222(b) and 
P
aragraph (2) of this subsection as if the participant died after 
eing entitled to an annuity under this title. The annuity 
of such surviving spouse or former spouse shall commence 
on the dav 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 pajrment and restoration provisions of sections 
221(bX3XC), 221(h), and 222(bX3)). 
**(2) COMPUTATION.—^The annuity payable under paragraph 
(1) shall be computed in accordance with section 221(a), 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 222(b), the annuity of a siirviving spouse under this 
section shall be subject to the limitation of section 221(bX3XB), 
and the annuity of a former spouse imder this section shall 
be subject to the limitation of section 222(bX4XB). 
"(4) PRECEDENCE OF SECTION 224 SURVIVOR ANNUITY OVER 
D
E
A
T
H
-
I
N
-
S
E
R
V
I
C
E 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 222, the annuity provided 
under this section shall not be payable and shall be superseded 
by the annuity under section 224. 
*
*
(
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 
221(dX3XA); 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 
221(dX3XB). 
**(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 tiiie fUnd 
PUBLIC LAW 102-496—OCT. 24, 1992 
106 STAT. 3225 
to or on behalf of each such surviving child an annuity 
determined under section 221(dX3XA); 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 behali' of each such surviving child an annuity 
determined imder section 221(dX3XB). 
**(3) FORMER SPOUSE DEFINED.—^For purposes of this sub-
section, 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 partici-
pant. 
"SEC. 233. VOLUNTARY RETIREMENT. 
50 USC 2053. 
"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 221 if the 
participant has not less than 10 years of service with the Agency. 
"SEC. 234. DISCONTINUED SERVICE BENEFITS. 
50 USC 2054. 
"(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 title, elect— 
**(1) to have the participant's contributions to the fund 
returned to the participant in accordance with section 241(a); 
or 
"(2) except in a case in which the Director determines 
that separation was based in whole or in part on the groiind 
of disloyaltv to the United States, to leave the contributions 
in the funa and receive an annuity, computed as prescribed 
in section 221, commencing at age 62. 
"(b) REFUND OF CONTRIBUTIONS IF FORMER PARTICIPANT DIES 
BEFORE AGE 62.—If a participant who qualifies under subsection 
(a) 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 sections 
241 and 281. 
"SEC. 236. MANDATORY RETIREMENT. 
50 USC 2055. 
"(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 tne 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 imder the Senior 
Intelligence Service pay schedule at the rate of level 4 
or above; and 
106 STAT. 3226 
PUBLIC LAW 102-496—OCT. 24, 1992 
"(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 
m which the participant reaches the age applicable to that 
participant unaer that paragraph. 
"(3) AUTHORITY FOR EXTENSION.—^In anv case in which 
the Director determines it to be in the puolic 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 vmder this 
section shall receive retirement benefits in accordance with section 
221. 
50 use 2056. 
"SEC. 236. EUGIBILITY FOR ANNUITY. 
"(a) ONE-OUT-OF-TWO REQUIREMENT.^A participant must com-
plete, 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 title and in a pay status before the participant 
or the participant's survivors are eligible for an annuity under 
this title 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), 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) shall not deprive the participant 
or the participant's survivors of any annuity to which they may 
be entitled imder this title based on a previous separation. 
"Part E—^Lump-Sum Payments 
50 use 2071. 
«SEC. 241. LUMP-SUM PAYMENTS. 
"(a) ENTITLEMENT TO LUMP-SUM CREDIT.—Subject to section 
252(d) and subsection (b) of this section, a participant who— 
"(1) is separated from the Agency for at least 31 consecutive 
days and is not trsuisferred to emplo}nnent 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 title at the time the participant files the 
application; and 
"(4) will not become eligible to receive an annuity under 
this title within 31 days after filing the application, 
is entitled to be paid the lump-sum credit. Receipt of the payment 
of the lump-simi credit by the former participant voids all annuity 
rights under this title based on the service on which the lump-
sum credit is based, imtil the former participant is reemployed 
in service subject to this title. 
"(b) CONDITIONS FOR PAYMENT OF LUMP-SUM CREDIT.— 
PUBLIC LAW 102-496—OCT. 24, 1992 
106 STAT. 3227 
"(1) IN GENERAL.—^Whenever a former participant becomes 
entitled to receive pa3rment of the lump-sum cre^t under sub-
section (a), such lump-sum credit shall be paid to the former 
participant and to any former spouse or former wife or husb£uid 
of the formerparticipant 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 other-
wise expressly provided by any spousal agreement or court 
order under section 264(b), a former spouse of the former 
participant shall be entitled to receive a share of such partici-
pant'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 cred-
itable 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 264(c) 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 226 or to any portion of the partici-
pant's annuity under section 264(c). 
(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 para-
graph (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 221(bXlXD). 
**(c) ORDER OF PRECEDENCE OF PAYMENT.—A lump-sum benefit 
that would have been payable to a participant, former participant, 
or annuitant, or to a survivor annmtant, authorized by subsection 
(d) or (e) of this section or by section 234(b) or 281(d) shall be 
paid in the following order of precedence to individuals surviving 
the participant and alive on the date entitlement to the pa3nnent 
arises, upon establishment of a valid claim therefor, and such 
payment bars recovery by any other individual: 
"(1) To the beneficiary or beneficiaries designated bv 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. 
106 STAT. 3228 
PUBLIC LAW 102-496—OCT. 24, 1992 
"(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 representa-
tion. 
"(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 enti-
tled 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 234 dies before reaching age 62, such former partici-
pant's lump-sum credit shall be paid in accordance with sub-
section (c). 
**(2) LIMITATION.—In any case where there is a surviving 
former spouse or surviving former wife or husband of such 
{>articipant who is entitled to a share of such participant's 
ump-sum credit imder paragraphs (2) and (3) of subsection 
(b), the liunp-simi credit payable under paragraph (1) shall 
be reduced by the liunp-sum credit payable to such former 
spouse or former wife or husband. 
"(e) TERMINATION OF ALL ANNUITY RIGHTS.—If all annuity 
rights imder this title based on the service of a dececused participant 
or annuitant terminate before the total annuity paid equ£ds the 
lump-sum credit, the difference shall be paid in accordance with 
subsection (c). 
"(f) 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 pajrment 
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 imder this paragraph until after the expiration 
of 30 days from the date of death of the survivor annuitant. 
**Part F—^Period of Service for Annuities 
50 use 2081. 
•«EC. 251. COMPUTATION OF LENGTH OF SERVICE. 
"(a) IN GENERAL.— 
"(1) CREDITING SERVICE AS PARTICIPANT.—For the purposes 
of this title, the period of service of a participant shall be 
computed from the date on which the participant becomes 
a participant under this title. 
"(2) EXCLUSION OF CERTAIN PERIODS.—In computing the 
period of service of a participant, all periods of separation 
nrom the Agency and so much of any leave of absence without 
pay as may exceed six months in the aggregate in any calendar 
PUBLIC LAW 102-496—OCT. 24, 1992 
106 STAT. 3229 
vear shall be excluded, except leaves of absence while receiving 
benefits under chapter 81 of title 5, United States Code, and 
leaves of absence Ranted 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 Grovemment 
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, United States Code. 
"(b) EXTRA CREDIT FOR PERIODS SERVED AT UNHEALTHFUL 
POSTS OVERSEAS.— 
"(1) CLASSIFICATION OF CERTAIN POSTS AS UNHEALTHFUL.— 
The Director may fi'om time to time establish a Ust 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 paragrapn (1), inclusive of regular leaves 
of absence, shall be counted as one and a half years in comput-
ing the length of service of a participant under this title for 
the purpose of retirement. In computing such service, any frac-
tional 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, United States Code, for the same service. 
"SEC. 262. PRIOR SERVICE CREDIT. 
50 USC 2082. 
"(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, United States Code 
(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 con-
tributions has been made, or 
"(C) any period of service for which contributions were 
not transferred pursuant to subsection (cXD; 
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, United States Code, together with interest computed in 
106 STAT. 3230 
PUBLIC LAW 102-496—OCT. 24, 1992 
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 per-
formed 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) remain-
ing 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 Uie participant may be 
allowed credit under this title may deposit the amount received, 
with interest computed under paragraph (1). Credit may not 
be allowed for the service covered by the refund untU the 
deposit is made, except that ap^^icipant who— 
"(A) separated from Government service before October 
1, 1990, and received a refund of the participant's retire-
ment contributions covering a period of service ending 
before October 1,1990; 
"(B) is entitled to an annuity under this title (other 
than a disability annmty) 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)(2XB) of title 5, United States Code. 
"(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 Giovemment employees, 
unless the right to such annuity is w£uved and a deposit is 
made under paragraph (1) covering that period of service, or 
a transfer is made pursuant to subsection (c). 
"(c) TRANSFER FROM OTHER GOVERNMENT RETIREMENT SYS-
TEMS.— 
"(1) IN GENERAL.—If an employee who is under another 
retirement system for Government employees becomes a partici-
pant in the system by direct transfer, the Grovemment's con-
tributions (including interest accrued thereon computed in 
accordance with section 8334(e) of title 5, United States Code) 
under such retirement system on behalf of the employee as 
well as such employee's total contributions and deposits (mclud-
ing 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 (jovemment retirement 
fund on accoimt of service rendered before becoming a partici-
pant in the system. 
PUBLIC LAW 102-496—OCT. 24, 1992 
106 STAT. 3231 
"(3) ADDITIONAL CONTRIBUTIONS; REFUNDS.—A participant 
whose contributions are transferred pursuant to paragraph (1) 
shall not be required to make additional contributions for peri-
ods 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 
diirin^ any period t.o the other Government retirement fund 
at a higher rate than that fixed for employees by section 8334(c) 
of title 5, United States Code, for contributions to the fund. 
"(d) TRANSFER TO OTHER CJOVERNMENT 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 
Grovemment's contributions (including interest accrued thereon 
computed in accordance with section 8334(e) of title 5, United 
States Code) 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 retire-
ment 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 participa-
tion 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 
(aX2) was not made to another Government retirement fund 
and transferred imder subsection (cXD, the participant may 
obtain credit for such military service, subject to the provisions 
of this subsection and subsections (f) through (h), 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 title is based, subject to section 252(f); 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 title is based, 
only if a deposit (with interest, if any) is made with 
respect to that period, as provided in subsection (h). 
"(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 
106 STAT. 3232 
PUBLIC LAW 102-496—OCT. 24, 1992 
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, United States 
Code); or 
"(B) under chapter 67 of title 10, United States Code. 
"(4) SURVIVOR ANNUITY.—Notwithstanding paragraph (3), 
the survivor annuity of a survivor of a participantr--
"(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(cX3) of title 
5, United States Code. 
"(0 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 
253, 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 annu-
ity payable under this title to such participant or to the partici-
pant'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 enti-
tled), at the time of such determination, to monthly old-age 
or survivors' insurance benefits under section 202 of uie Social 
Security Act (42 U.S.C. 402), 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 oi service on 
which Uie annuity is based shalT be redetermined, efiective 
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, imder subsection (h); or 
"(B) the military service of any participant described 
in subsection (eX2XB). 
"(3) EFFECT OF ENTITLEMENT BEFORE SEPTEMBER 8, i982.— 
(A) The annuity recomputation required by paragraph (1) shall 
not apply to any participant who was entitled to an annuity 
under this title 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 202 of 
PUBLIC LAW 102-496—OCT. 24, 1992 
106 STAT. 3233 
the Social Security Act. The reduction shall be determined 
by multiplying the participant's monthly Social Security benefit 
by a 
firaction, 
the numerator of which is the participant's total 
military wages and deemed additional wages (mthin the mean-
ing of section 229 of the Social Security Act (42 U.S.C. 429)) 
that were subject to Social Security deductions and the denomi-
nator of which is the total of all the participant's wages, includ-
ing miUtary wages, and all self-emplovment 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 subpara-
graph (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 pajrments to participants who had previously reached 
age 62 and whose annuities had already been recomputed. 
"(C) For purposes of this paragraph, tiie term 'determina-
tion 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 enti-
tled to such benefits for that month. 
"(g) DEPOSITS PAID BY SURVIVORS.—For the purpose of survivor 
annuities, deposits authorized by subsections (b) and (h) may also 
be made by the survivor of a participant. 
"(h) DEPOSITS FOR PERIODS OF MIUTARY SERVICE.— 
"(1) Each participant who has performed military service 
before the date of separation on which entitlement to an annuity 
under this title 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, United States Code, 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 miUtary 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 Federed 
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, United States Code. 
**(3) Any payment received by the Director under this sub-
section shall De deposited in the Treasury of the United States 
to the credit of the fund. 
"(4) The provisions of section 221(k) shall apply with respect 
to such information as the Director determines to be necessary 
106 STAT. 3234 
PUBLIC LAW 102-496—OCT. 24, 1992 
for the administration of this subsection in the same manner 
that such section applies concerning information described in 
that section. 
50 use 2083. 
•«£€. 2SS. CREDIT FOR SERVICE WHILE ON MILITARY LEAVK 
"(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 consid-
ered, for purposes of this title, 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 title. 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, which-
ever is later. 
"(b) WAIVER OF CONTRIBUTIONS.—^Except to the extent provided 
imder section 252(e) or 252(h), contributions shall not be required 
covering periods of leave of absence from the Agency granted a 
participant while performing active service in the Anned Forces. 
**Part G—Moneys 
50 use 2091. 
'nSEC. 261. ESTIMATE OF APPROPRIATIONS NEEDED. 
**(a) E
S
T
I
M
A
T
E
S O
F A
N
N
U
A
L 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 title, including annuity increases other than under section 
291; 
"(2) extension of the coverage of this title 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, 
m 30 equal annual installments with interest computed at the 
rate used in the then most recent valuation of the system and 
with the first pa3rment 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) AuTHORiZATlON.^There is hereby authorized to be appro-
priated to the fimd 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 211(a). 
"(e) UNFUNDED LIABIUTY; 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— 
PUBLIC LAW 102-496—OCT. 24, 1992 
106 STAT. 3235 
"(1) interest on the unfunded liability computed for that 
year at the interest rate used in the then most recent valuation 
of the svstem; 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 b
^
r the Director to be appropriate to 
reflect the value of the deposits made to the credit of the fund 
under section 252(h). 
•^EC. 262. INVESTMENT OF MONEYS IN THE FUND. 
50 USC 2092. 
*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 fimd as in the Director's 
judgment may not be immediately required for the payment of 
annuities, cash benefits, refimds, and allowances from the fund. 
The income derived from such investments shall be credited to 
and constitute a part of the fund. 
"SEC. 263. PAYMENT OF BENEFITS. 
50 USC 2093. 
"(a) ANNUITIES STATED AS ANNUAL AMOUNTS.—Each annuity 
is stated as an annual amount, V
1
2 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 
wluch it has accrued. 
"(b) COMMENCEMENT OF ANNUITY.— 
"(1) COMMENCEMENT OF ANNUITY FOR PARTICIPANTS GEN-
ERALLY.—^Except as otherwise provided in paragraph (2), the 
aimuity of a participant who has met the eligibility require-
ments for an annuity shall commence on the nrst 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 231 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 discHbiUty 
requirements for title to annuity are met. 
**(3) OTHER ANNUITIES.—^^y other annuity payable from 
the fimd 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 title occurs; 
or 
"(2) in the case of a former spouse or a survivor, on the 
last day of the month before deatn 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 
106 STAT. 3236 
PUBLIC LAW 102-496—OCT. 24, 1992 
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) APPUCATION 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 Direc-
tor before the 115th anniversary of the participant's birth. 
"(2) APPUCATION WITHIN 30 YEARS.—Notwithstanding para-
graph (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 
tJie 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 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 des-
ignated 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 
Regulations. 
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. 
PUBLIC LAW 102-496—OCT. 24, 1992 
106 STAT. 3237 
"(5) DEFlNTnON.—^For the purpose of this subsection, the 
term 'State' includes the District of Columbia and any territory 
or possession of the United States. 
*«£€. 264. A
T
T
A
C
H
M
E
N
T OF M
O
N
E
Y
S
. 
50 U
S
C 2094. 
"(a) EXEMPTION FROM LEGAL PROCESS.—Except as provided 
in subsections (b), (c), and (e), none of the moneys mentioned 
in this title shall be assignable either in law or equity, or be 
subject to execution, levy, attachment, garnishment, or otner 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 ri^ht of the former spouse to any annuity under 
section 222(a) 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 222(b) 
or 222(c), and the amoimt of £iny such annuity; 
"(3) any right of the former spouse of a former participant 
to any payment of a lump-sum credit under section 241(b) 
and to any payment of a return of contributions under section 
234(a); and 
"(4) any right of the former spouse of a participant or 
former participant to a lump-sum payment or additional annu-
ity payable from a voluntary contribution account under section 
281; 
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 inconsist-
ent with the requirements of this title. 
"(c) OTHER PAYMENTS UNDER COURT ORDERS.—Payments under 
this title 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 ana 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 settle-
ment agreement incident to any court decree of divorce, annulment, 
or legal separation. 
"(d) PROSPECTIVE PAYMENTS; BAR TO RECOVERY.— 
"(1) Subsections (b) and (c) apply only to pajrments made 
under this title 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 imder subsection (b) or (c) to an individ-
ual bars recovery by any other individual, 
"(e) ALLOTMENTS.—^An individual entitled to an annuity from 
the fimd may make allotments or assignments of amounts from 
such annuity for such purposes as the Director considers appro-
priate. 
"SEC. 265. RECOVERY OF PAYMENTa 
50 USC 2095. 
"Recovery of payments under this Act may not be made from 
an individual when, in the judgment of the Director, the individual 
106 STAT. 3238 
PUBLIC LAW 102-496—OCT. 24, 1992 
is without fault and recovery would be against equity and good 
conscience. Withholding or recovery of money payable pursuant 
to this Act 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 tiie certification or pajnnent involved fraud on the part of 
the former employee. 
^Part H—^Retired Participants Recalled, 
Reinstated, or Reappointed in the Agen-
cy or Reemployed in the Government 
50 use 2111. 
"SEC. 271. RECALL. 
"(a) AUTHORITY To RECALL.—The Director may, with the con-
sent 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 231(b) 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. Diuing such service, the retired participant 
shall make contributions to the fund in accordance with section 
211. 
"(c) RECOMPUTATION OF ANNUITY.—^When the retired partici-
pant reverts to retired status, the annuity of the retired participant 
shall be redetermined in accordance with section 221. 
50 use 2112. 
"SEC. 272. REEMPLOYMENT. 
"A particip£int retired under this title shall not, by reason 
of that retired status, be barred from employment in Federal 
Government service in any appointive position for which the psirtici-
pant is qualified. 
50 use 2113. 
"SEC. 273. REEMPLOYMENT COMPENSATION. 
"(a) DEDUCTION FROM BASIC PAY.^An annuitant who has 
retired under this title 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 imder this title, 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 overpay-
ment 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 mon-
eys, including the annuitant's annuity, payable in accordance with 
this title. 
"(c) DEPOSIT IN THE FUND.—Sums deducted from the basic 
pay of a reemployed annuitant imder this section shall be deposited 
in the Treasury of the United States to the credit of the fund. 
PUBLIC LAW 102-496—OCT. 24, 1992 
106 STAT. 3239 
**Part I—^Voluntary Contributions 
*«£€. 281. VOLUNTARY CONTRIBUTIONS. 
50 USC 2121. 
"(a) AUTHORITY FOR VOLUNTARY CONTRIBUTIONS.— 
"(1) IN GENERAL.—^Under such regulations as may be pre-
scribed 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 volimtary contribution account in each 
case is the sum of luirefunded 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, United 
States Code, 
compounded annually to the date of election under subsection 
(b) or the date of pajonent under subsection (d). 
"(b) TREATMENT OF VOLUNTARY CONTRIBUTIONS.—Effective on 
the date of retirement and at the election of the participant, the 
participant's accoimt 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 partici-
pant'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 pajmient 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) shall be actuarially equivalent in value to the 
payment provided for in subsection (bXl) 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 annu-
ity. In the case of death, the accoimt shall be paid in the order 
of precedence specified in section 241(c). 
"(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 title. 
106 STAT. 3240 
PUBLIC LAW 102-496—OCT. 24, 1992 
"Part J—Cost-of-Living Adjustment of 
Annuities 
50 use 2131. 
<n3EC. 291. COST-OF-LIVING ADJUSTMENT OF ANNUITIES. 
"(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, United States Code. 
"(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, United 
States Code. Except as provided in subsection (b), 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) EUGIBILITY.—^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) 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 imder this subsection or sub-
section (a), shall be equal to the product (adjusted to the nearest 
Vio of one percent) of— 
"(A) Vi2 of the applicable percent change computed 
under subsection (a), miUtiplied 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 fvora 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 imder section 221(d) or section 232(c)) 
shall be increased by the total percentage increase the annu-
itant was receiving under this section at death. 
"(3) For purposes of computing the annuity of a child under 
section 221(d) that commences after October 31, 1969, the 
doUcur amounts specified in section 221(dX3) shall each be 
increased by the total percentage increases allowed and in 
force luider this section on or after such day and, in the case 
of a deceased annuitant, the percentages specified in that sec-
tion shall be increased by the total percent allowed and in 
force to the annuitant under this section on or after such 
day. 
PUBLIC LAW 102-496—OCT. 24, 1992 
106 STAT. 3241 
"(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 roundea 
to the next lowest dollar, except that such installment shall, after 
adjustment, reflect an increase of at least $1. 
•*(e) LIMITATION ON MAXIMUM AMOUNT OP ANNUITY.— 
"(1) IN GENERAL.—An annuity shall not be increased bv 
reason of an adjustment under this section to an amount whicn 
exceeds the greater of— 
"(A) the maximum pay payable for GS-15 30 days 
before tiie effective date of the a4justment under this sec-
tion; or 
"(B) the final pay (or average pay, if higher) of the 
participant with respect to whom the annuity is paid, 
mcreased by the overall annual average percentage acgust-
ments (compounded) in the rates of pay of the General 
Schedule imder subchapter I of chapter 53 of title 5, United 
States Code, 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 a4justment 
under tiiis 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 anv provision of law limiting 
the expenditure of appropriated funds. 
"Part K—Conformity With Civil Service 
Retirement System 
*«£€. 292. AUTHORITY TO MAINTAIN EXISTING AREAS OF CONFORM- 
50 USC 2141. 
ITY BETWEEN CIVIL SERVICE AND CENTRAL INTEL-
UGENCE AGENCY RETIREMENT AND DISABILITY SYS-
TEMS. 
"(a) PRESIDENTIAL AUTHORITY.— 
"(1) CONFORMITY TO CSRS BY EXECUTIVE ORDER.—Whenever 
the President determines that it would be appropriate for the 
gurpose of maintaining existing conformity between the Civil 
ervice 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 Disaoility 
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, 
United States Code, and is applicable to civil service 
employees generally; or 
''(B) otherwise affects current or former participants 
in the Civil Service Retirement and Disabihty System, 
or their survivors. 
106 STAT. 3242 
PUBLIC LAW 102-496—OCT. 24, 1992 
"(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 
DisabiUty 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 retro-
active effect to a date not earlier than the effective date of 
the corresponding provision of law appUcable 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. 
50 use 2142. 
-SEC. 293. 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, United States Code. 
"(b) MANAGEMENT OF THRIFT SAVINGS PLAN ACCOUNTS BY 
DIRECTOR.—Subsections (k) and (m) of section 8461 of title 5, United 
States Code, 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. 
50 use 2143. 
<nSEC. 294. ALTERNATIVE FORMS OF ANNUITIES. 
eguations. 
„^^^ AUTHORITY FOR ALTERNATIVE FORM OF ANNUITY.—The 
Director shall prescribe regulations under which a participant may, 
at the time of retiring under this title (other than under section 
231), elect annuity benefits imder this section instead of any other 
benefits imder this title (including any survivor benefits under 
this title) based on the service of me participant creditable under 
this title. 
"(b) BASIS FOR ALTERNATIVE FORMS OF ANNUITY.—The regula-
tions and alternative forms of annuity shall, to the maximum extent 
practicable, meet the requirements prescribed in section 8343a of 
title 5, United States Code. 
"(c) LUMP-SUM CREDIT.—^Any lump-sum credit provided pursu-
ant to an election under subsection (a) shall not preclude an individ-
ual from receiving other benefits provided under that subsection. 
"(d) SUBMISSION OF REGULATIONS TO CONGRESSIONAL INTEL-
LIGENCE COMMITTEES.—^The Director shall submit the regulations 
prescribed under subsection (a) to the congressional intelligence 
committees before the regulations take effect. 
50 USE 2144. 
•«EC. 295. PAYMENTS FROM CIARDS FUND FOR PORTIONS OF CERR 
TAIN CIVIL SERVICE RETIREMENT SYSTEM ANNUITIES. 
"The amount of the increase in any annuity that results from 
the application of section 18 of the Central Intelligence AgenQr 
Act or 1949, if and when such increase is based on an individual^ 
overseas service as an employee of the Central Intelligence Agen(^, 
shall be paid from the fimd. 
PUBLIC LAW 102-496—OCT. 24, 1992 
106 STAT. 3243 
"TITLE 
in—PARTICIPATION IN THE 
FEDERAL EMPLOYEES' RETIREMENT 
SYSTEM 
*«£€. 801. APPUCATION OF FEDERAL EMPLOYEES' RETIREMENT SYS- 50 USC 2151. 
TEM TO AGENCY EMPLOYEES. 
"(a) GENERAL RULE.—^Except as provided in subsections (b) 
and (c), all employees of the Agency, anv of whose service after 
December 31, 1983, is employment for the purpose of title II of 
the Social Security Act and chapter 21 of the Internal Revenue 
Code of 1954, shall be subject to chapter 84 of title 5, United 
States Code. 
*
*
(
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, United 
States Code, without regard to whether they are subject to title 
II of the Social Security Ad. 
"(c) NONAPPUCABILITY OF FERS TO CERTAIN EMPLOYEES.— 
"(1) The provisions of chapter 84 of title 5, United States 
Code, shall not apply with respect to— 
"(A) any individual who separates, or who has sepa-
rated, from Federal Grovemment service aft^er having been 
an employee of the Agency subject to title II of this Act; 
and 
"(B) any employee of the Agency having at least 5 
years of civilian service which was performed before Janu-
ary 1, 1987, and is creditable unaer title II of this Act 
(determined without regard to any deposit or redeposit 
requirement under subchapter III of cnapter 83 of title 
5, United States Code, or imder title II of this Act, or 
any requirement that the individual become subject to such 
subchaiJter or to title II of this Act after performing the 
service involved). 
"(2) Paragraph (1) shall not apply with re8i>ect to an 
individual who has elected under regulations prescribed under 
section 307 to become subject to chapter 84 of title 5, United 
States Code, 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(bX2) 
of title 5, United States Code. 
"(d) ELECTION TO BECOME SUBJECT TO FERS.—An employee 
who is designated as a participant in the Central Intelligence 
Agency Retirement and Disabilitv System after December 31, 1987, 
pursuant to section 203 may elect to become subject to chapter 
84 of title 5, United States Code. 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) snail be irrevocable. 
**(e) SPECIAL RULES.—^The application of the provisions of chap-
ter 84 of title 5, United States Code, to an employee referred 
106 STAT. 3244 
PUBLIC LAW 102-496—OCT. 24, 1992 
to in subsection (a) shall be subject to the exceptions and special 
rules provided in this title. Any provision of that chapter which 
is inconsistent with a special rule provided in this title shall not 
apply to such employees. 
50 u s e 2152. 
*«£€. 302. SPECIAL RULES RELATING TO SECTION 203 CRITERIA 
EMPLOYEES. 
"(a) IN GENERAL.—^Except as otherwise provided in this section, 
in the application of chapter 84 of title 5, United States Code, 
to an employee of the Agency who is subject to such chapter and 
is designated by the Director under the criteria prescribed in section 
203, 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, United States Code). 
"(b) VOLUNTARY AND MANDATORY RETIREMENT.—^The provisions 
of sections 233 and 235 shall apply to employees referred to in 
subsection (a), except that the retirement benefits shall be deter-
mined imder chapter 84 of title 5, United States Code. 
"(c) RECALL.— 
"(1) Except as provided in paragraph (2), section 271 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, United States Code. 
"(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, United States Code. 
50 use 2153. 
'^EC. 303. SPECIAL RULES FOR OTHER EMPLOYEES FOR SERVICE 
ABROAD. 
"(a) SPECIAL COMPUTATION RULE.—Notwithstanding any provi-
sion of chapter 84 of title 5, United States Code, the annuity 
under subchapter II of such chapter of a retired emplovee of the 
Agency who is not designated under section 302(a) 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(d) of title 5, United States Code. 
"(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 appUcable to such service 
under the conditions prescribed in chapter 84 of such title. 
50 use 2154. 
<«EC. 304. SPECIAL RULES FOR FORMER SPOUSES. 
"(a) GENERAL RULE.—Except as otherwise specifically provided 
in this section, the provisions of chapter 84 of title 5, United 
States Code, shall apply in the case of an employee of the Agency 
who is subject to chapter 84 of title 5, United States Code, and 
who has a former spouse (as defined in section 8401(12) of title 
5, United States Code) 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, United 
States Code, mcluding an employee referred to in section 302(a). 
PUBLIC LAW 102-496—OCT. 24, 1992 
106 STAT. 3245 
"(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 mairied 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, United States 
Code, at least 5 years of which were spent outside the 
United States by both the employee and me 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 afl^r December 4, 1991, 
was married to such employee for not less than 10 years 
during periods of the employee's service which are cred-
itable under section 8411 of title 5, United States Code, 
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 203. 
"(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 chap-
ter 84 of title 5, United States Code, divided by (B) the total 
niunber 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 QUAUFIED FORMER SPOUSE TO RETIRE-
MENT 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, United States Code, a qualified former spouse 
of an employee is entitled to a share (determined under 
subparagraph (B)) of all benefits otherwise payable to sudi 
employee under subchapter II or V of chapter 84 of title 
5, United States Code. 
"(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, United States Code; or 
106 STAT. 3246 
PUBLIC LAW 102-496—OCT. 24, 1992 
"(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, United 
States Code, shall include, for purposes of this subsection, 
any annuity supplement payable to such employee under sec-
tions 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 bene-
fit, 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 
aRer the date on which the Director receives written 
notice of the court order or spousal agreement, together 
Math 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 bene-
fits terminate (except in the case of benents subject 
to paragraph (5XB)). 
"(5) PAYMENTS TO RETIRED EMPLOYEES.— 
**(A) CALCULATION OF SURVIVOR ANNUITY.—Any reduc-
tion in pajnnents to a retired employee as a result of 
pa3rments to a qualified former spouse imder this sub-
section 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, United States Code, and 
"(ii) any reduction in the annuity of the retired 
employee to provide siuvivor benefits under subsection 
(d) of this section or under sections 8442 or 8445 of 
title 5, United States Code. 
"(B) REDUCTION IN BASIC PAY UPON RECALL TO SERV-
ICE.—If a retired employee whose annuity is reduced under 
paragraph (1) is recalled to service under section 302(c), 
the basic pay of that annuitant shall be reduced by the 
same amoimt 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 Retire-
ment and Disability Fund. 
"(6) SPECIAL RULES FOR DISABIUTY ANNUITANTS.—Notwith-
standing paragraphs (1) and (4), in the case of any qualified 
former spouse of a disability annuitant— 
PUBLIC LAW 102-496—OCT. 24, 1992 
106 STAT. 3247 
"(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, United States Code, 
or on the date on which the disabiUty 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 sub-
chapter II of chaptetr 84 of such title. 
"(7) PRO RATA SHARE IN CASE OF EMPLOYEES TRANSFERRED 
T
O FERS.—Notwithstanding paragraph (IXB), in the case of 
an employee who has elected to become subject to chapter 
84 of title 5, United States Code, the share of such employee's 
qualified former spouse shall equal the sum of— 
"(A) 50 percent of the employee's annuity under sub-
chapter III of chapter 83 of title 5, United States Code, 
or under title II of this Act (computed in accordance with 
section 302(a) of the Federal Employees' Retirement System 
Act of 1986 or section 307 of this Act), 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 employ-
ee'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, United States Code, or section 
302(a) of this Act (computed in accordance with section 
302(a) of the Federal Employees' Retirement System Act 
of 1986 or section 307 of this Act), multiplied by the propor-
tion that the number of days of marriage during the period 
of the employee's creditable service on and after the effec-
tive 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 INTERNAL REVE-
NUE CODE.—For purposes of the Internal Revenue Code of 
1986, payments to a qualified former spouse imder this sub-
section shall be treated as income to the qualified former spouse 
and not to the employee. 
"(d) QuAUFiED FORMER SPOUSE SURVIVOR BENEFITS.— 
"(1) ENTITLEMENT.— 
"(A) IN GENERAL.—Subject to an election under section 
8416(a) of title 5, United States Code, 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 survi-
vor benefits that would otherwise be payable under sub-
chapter IV of chapter 84 of title 5, United States Code, 
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 tiie entire 
period of the employee's service which is creditable 
under chapter 84 of title 5, United States Code; or 
106 STAT. 3248 
PUBLIC LAW 102-496—OCT. 24, 1992 
"(ii) a pro rata share of 100 percent, if the qualified 
former spoiise was not married to the employee 
throughout such creditable service. 
"(2) SURVIVOR BENEFITS.— 
"(A) The survivor benefits payable under this sub-
section to a qualified former spouse shall include the 
amount payable under section 8442(bXlXA) of title 5, 
United States Code, and any supplementary annuity imder 
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 imder section 8442(f) of title 5, 
United States Code, of the supplementary annuity payable 
to a widow or widower of an employee referred to m section 
302(a) 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 annuitv* means the amount 
of the survivor annuity to which the widow or widower 
would be entitled imder title II of this Act based on the 
service of the deceased annuitant determined under section 
8442(0(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 termi-
nated because of remarriage before becoming age 55, the annu-
ity shall be restored at the same rate commencing on the 
date such remarriage is dissolved by death, divorce, or annul-
ment, i
f
— 
"(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, United States Code, or under 
another retirement system for (rovemment employees by 
reason of the remarriage; and 
"(B) any limip sum paid on termination of the annuity 
is returned to the Civil Service Retirement and Disability 
Fund. 
"(5) MODIFICATION OF COURT ORDER OR SPOUSAL AGREE-
MENT.—^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, which-
ever 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 
PUBUC LAW 102-496—OCT. 24, 1992 
106 STAT. 3249 
annuitant's spouse. The annuitant making such election shaU 
pay a deposit in accordance with the provisions of section 
8418 of title 5, United States Code. 
XJ) PRO RATA SHARE IN CASE OF EMPLOYEES TRANSFERRED 
T
O FERS.—Notwithstanding paragraph (IXB), in the case of 
an employee who has elected to become subject to chapter 
84 of titie 5, United States Code, 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 sub-
chapter ni of chapter 83 of title 5, United States Code, 
or under title II ot this Act (computed in accordance with 
section 302(a) of the Federal Employees' Retirement System 
Act of 1986 or section 307 of this Act), multiplied by the 
proportion that the number of days of marriage during 
the period of the employee's creditable service before 
the efiective 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, United States Code, or section 
302(a) of this Act (computed in accordance with section 
302(a) of the Federal Employees' Retirement System 
Act of 1986 or section 307 of this Act), plus 
'\u) the survivor benefits referred to in subsection 
(dX2XA), 
multiplied by the proportion that the number of days of 
marriage during the period of the employee's creditable 
service on and after tne 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.— 
'*il) ENTITLEMENT.— 
"(A) IN GENERAL.—^Unless otherwise expressly provided 
by a spousal agreement or court order ^veming disposition 
of the balance of an account in the Thrift Savings Fund 
under subchapter III of chapter 84 of titie 5, United States 
Code, a qualified former spouse of an employee is entitied 
to a share (determined under subparagraj^ (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 emplovee 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 sub-
section, the employee's account balance shall not include 
the amount of any outstanding loan. 
*\2) PAYMENT OF BENEFIT.— 
"(A) TIME OF PAYMENT.—The entitiement 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 bene-
fit shall be payable after the date on which the Director 
receives the divorce decree or any applicable court order 
59-194 O—93 
17:QL3(Pt. 4) 
106 STAT. 3250 
PUBLIC LAW 102-496—OCT. 24, 1992 
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 QUAUFIED FORMER SPOUSE.—If the 
qualified former spouse dies before pajrment of the benefit 
provided under tnis subsection, such pajnnent shall be 
made to the estate of the qualified former spouse. 
"(E) BAR TO RECOVERY.—Any pajrment under this sub-
section to an individual bars recovery by any other individ-
ual. 
"(3) CLOSED ACCOUNT.—^No pajrment under this subsection 
may be made b^ 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 trans-
ferred, or the date on which an annuity contract has been 
purchased, in accordance with section 8433 of title 5, United 
States Code. 
"(0 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, United States Code, or 
other section relating to the employee's annuity under subchapter 
II of chapter 84 of title 5, United States Code, 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, United States Code, 
a share (determined under subsection (cXlXB) 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 QUAUFIED 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 retire-
ment benefits under subsection (c) and to any survivor benefits 
under subsection (d), and the amount of any such benefits; 
"(2) any right of the Qualified former spouse to any Thrift 
Savings Plan benefit under subsection (e), and the amoimt 
of any such benefit; and 
(3) any right of the qualified former spouse to any payment 
of a lump-sum credit under subsection (g), and the amount 
of any such pajrment; 
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 inconsist-
ent with the requirements of this section. 
"(i) APPUCABILITY OF CIARDS FORMER SPOUSE BENEFITS.— 
PUBLIC LAW 102-496-OCT. 24, 1992 
106 STAT. 3251 
"(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, United States Code, the provisions of sections 
224 and 225 shall apply to such employee's former spouse 
(as defined in section 102(aX3)) who would otherwise be eligible 
for benefits under sections 224 and 225 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 224 and 225— 
"(A) the retirement benefits shall be equal to the 
amount determined under subsection (cX7XA); and 
"(B) the survivor benefits shall be equal to 55 percent 
of the fiill amount of the employee's annuity computed 
in accordance with section 302(a) of the Federal Employees' 
Retirement System Act of 1986 or regtdations prescribed 
imder section 307 of this Act. 
"(3) Benefits provided pursuant to this subsection shall 
be payable 
fi:t>m 
me Central Intelligence Agency Retirement 
andDisability Fund. 
"SEC. 305. ADMINISTRATIVE PROVISIONS. 
50 USC 2155. 
"(a) FINALITY OF DECISIONS OF DIRECTOR.—Section 201(c) of 
this Act shall apply in the administration of chapter 84 of title 
5, United States Code, with respect to employees of the Agency. 
"(b) EXCEPTION.—^Notwithstanding subsection (a), section 
8461(e) of title 5, United States Code, shcdl apply wiUi 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 302(a). 
"SEC 306. REGULATIONS. 
50 USC 2156. 
"(a) REQUIREMENT.—^The Director shall prescribe in regulations 
appropriate procedures to carry out this title. Such regulations 
shall be prescribed in consultation with the Director of the Office 
of Personnel Management and the Executive Director of the Federal 
Retirement Thrifi; Investment Board. 
"(b) CONGRESSIONAL REVIEW.—The Director shall submit regu-
lations prescribed under subsection (a) to the congressional intel-
ligence committees before they take effect. 
"SEC. 307. TRANSITION REGULATIONS. 
50 USC 2157. 
"(a) REGULATIONS.—The Director shall prescribe regulations 
providing for the transition from the Central Intelligence Agency 
Retirement and Disability System to the Federal Empfoyees' Retire-
ment System provided in chapter 84 of title 5, United Stetes Code, 
in a mtmner consistent with sections 301 through 304 of the Federal 
Employees' Retirement System Act of 1986. 
"(b) CONGRESSIONAL FLEVIEW.—The Director shall submit regu-
lations prescribed under subsection (a) to the congressionsd intel-
ligence committees before they take effect.". 
SEC. 803. CONFORMING AMEINDMENTS. 
(a) CENTRAL INTELUGENCE AGENCY ACT OF 1949.— 
(1) SECTION 14.—Section 14(a) of the Central Intelhgence 
Agency Act of 1949 (50 U.S.C. 403n(a)) is amended by striking 
out "sections 204, 221(b) (l)-(3), 221(f), 221(gX2), 221(1), 221(m), 
221(n), 221(0), 222, 223, 224, 225, 232(b), 234(c), 234(d), 234(e), 
and 263(b) of the Central Intelligence Agency Retirement Act 
106 STAT. 3252 
PUBLIC LAW 102-496—OCT. 24, 1992 
of 1964 for Certain Employees" and inserting in lieu thereof 
"sections 102, 221(b) (l)-(3), 221(f), 221(g), 221(hX2), 221(i), 
221(1), 222, 223, 224, 225, 232(b), 241(b), 241(d), and 264(b) 
of the Central Intelligence Agency Retirement Act". 
(2) SECmON 18.—Section 18(a) of such Act (50 U.S.C. 
403r(a)) is amended by striking out "the Central Intelligence 
Agency Retirement Act of 1964 for Certain Employees and 
inserting in Ueu thereof "the Central Intelligence Agency 
Retirement Act". 
(3) SECTION 19.—Section 19 of such Act (50 U.S.C. 403s) 
is amended— 
(A) in subsection (a)— 
(i) by inserting "OFFICERS AND EMPLOYEES TO 
WHOM CIARDS SECTION 231 RULES APPLY.—" after 
"(af; 
(ii) by striking out "the Central Intelligence Agency 
Retirement Act of 1964 for Certain Employees, as 
amended" in clause (ii) and inserting in lieu thereof 
"the Central Intelligence Agency Retirement Act"; 
(iii) by inserting "such" in clause (iii) before "sec-
tion 203"; 
(iv) by striking out "such section 231" in the matter 
after clause (iv) and inserting in lieu thereof "section 
231ofsuchAct";and 
(v) by redesignating clauses (i) through (iv) as 
paragraphs (1) through (4), respectively; 
(B) in subsection (b)— 
(i) by inserting "SURVIVORS OF OFFICERS AND 
EMPLOYEES TO WHOM CIARDS SECTION 231 RULES 
APPLY.—" after "(b)"; 
(ii) by striking out "the Central Intelligence Agenqr 
Retirement Act of 1964 for Certain Employees, as 
amended" in clause (ii) and inserting in heu thereof 
"the Central Intelligence Agency Retirement Act"; 
(iii) by striking out "widow or widower, former 
spouse, and/or child or children as defined in section 
204 and section 232 of such the Central Intelligence 
Agency Retirement Act of 1964 for Certain Employees" 
in clause (iv) and inserting in Ueu thereof "surviving 
spouse, former spouse, or child as defined in section 
102 of the Central Intelligence Agency Retirement Act"; 
(iv) by striking out "widow or widower, former 
spouse, and/or child or children" in the matter after 
clause (iv) and inserting in lieu thereof "surviving 
spouse, former spouse, or child"; 
(v) by striking out "such section 232" in the matter 
after clause (iv) and inserting in lieu thereof "section 
231ofsuchAct";and 
(vi) by redesignating clauses (i) through (iv) as 
paragraphs (1) through (4), respectively; 
(C) by striking out subsections (c) and (d); and 
(D) by redesignating subsection (e) as subsection (c) 
and in that subsection— 
(i) by striking out "(1)" and inserting in Ueu thereof 
"ANNUITIES UNDER THIS SECTION DEEMED ANNUITIES 
UNDER CSRS.—"; 
PUBLIC LAW 102-496—OCT. 24, 1992 
106 STAT. 3253 
(ii) by striking out "established by section 202 
of the Central Intelligence Agency Retirement Act of 
1964 for Certain Employees" and inserting in lieu 
thereof 'hnaintained pursuant to section 202 of the 
Central Intelligence Agency Retirement Act"; and 
(iii) by striking out paragraph (2). 
(b) NATIONAL SECURITY AGENCY ACT OF 1959.—Section 9(bX3) 
of the National Security Agency Act of 1959 (50 U.S.C. 402 note) 
is amended by striking out "the Central Intelligence Agency Retire-
ment Act of 1964 for Certain Employees" and inserting in lieu 
thereof "the Central Intelligence Agency Retirement Act". 
(c) TITLE 5, UNITED STATES CODE.—Sections 8347(nX4XA) and 
8423(aXlXBXi) of title 5, United States Code, are amended by 
striking out "the Central Intelligence Agency Retirement Act of 
1964 for Certain Employees" and inserting in lieu thereof "the 
Central Intelligence Agency Retirement Act". 
(d) TITLE 10, UNITED STATES CODE.—Section 1605(a) of title 
10, United States Code, is amended in the second sentence— 
(1) striking out '^he Central Intelligence Agency Retire-
ment Act of 1964 for Certain Employees" and inserting in 
lieu thereof "the Central Intelligence Agency Retirement Act"; 
and 
(2) by inserting "(50 U.S.C. 403r)" after "the Central Intel-
ligence Agency Act of 1949". 
SEC 804. SAVINGS PROVISIONS. 
50 USC 2001 
(a) PRIOR ELECTIONS.—^Any election made under the Central 
Intelligence Agency Retirement Act of 1964 for Certain Employees 
before the effective date specified in section 805 shall not be affected 
by the amendment made by section 802 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 Retire-
ment 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. 
106 STAT. 3254 
PUBLIC LAW 102-496—OCT. 24, 1992 
50 use 2001 
SEC. 805. EFFECTIVE DATE. 
The amendments made by sections 802 and 803 shall take 
effect on the first day of the fourth month beginning after the 
date of the enactment of this Act. 
Approved October 24, 1992. 
LEGISLATIVE HISTORY—H.R. 5095 (S. 2991): 
HOUSE REPORTS: Nos. 102-544. Pt. 1 (Permanent Select Comm. on Intelligence) and 
Pt. 2 (Ck>mm. on Armed Services), and 102-963 (Comm. of 
Conference). 
SENATE REPORTS: Nos. 102-324 (Permanent Select Comm. on Intelligence) and 
102-407 (Comm. on Armed Services), both accompanjring S. 2991. 
CONGRESSIONAL RECORD, Vol. 138 (1992): 
June 25, considered and passed House. 
Sept. 23, considered and passed Senate, amended, in lieu of S. 2991. 
Oct. 2, House and Senate agreed to conference report.