An Act to amend the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended, and for other purposes.
PL 94-522 (H.R.13615), enacted 10/17/1976

PUBLIC LAW 94-522—OCT. 17, 1976 
90 STAT. 2467 
Public Law 94-522 
94th Congress 
An Act 
To amend the Central Intelligence Agency Retirement Act of 1964 for Certain 
Employees, as amended, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
TITLE I—RETIREMENT FINANCING 
Oct. 17, 1976 
[H.R. 13615] 
Central 
Intelligence 
Agency 
Retirement Act of 
1964 for Certain 
Employees, 
amendments. 
SEC. 101. Section 111 of the Central Intelligence Agency Retirement 
Act of 1964 for Certain Employees, as amended (78 Stat. 1043; 50 
U.S.C. 403 note)^ is amended— 
(a) by striking out "and" at the end of paragraph (2); 
(b) by striking out the period at the end of paragraph (3) 
and inserting a semicolon in lieu thereof; and 
(c) by adding the following new paragraphs (4), (5), and (6) : Definitions. 
" (4) 'Fund balance' means the sum of— 
"(a) the investments of the fund calculated at par value; 
and 
"(b) the cash balance of the fund on the books of the 
Treasury; 
"(5) 'Unfunded liability' means the estimated excess of the 
present value of all benefits payable from the fund to particii:)ants 
and former participants, subject to this Act, and to their survivors, 
over the sum of— 
"(a) the present value of deductions to be withheld from 
the future basic salary of participants currently subject to 
this Act and of future Agency contributions to be made in 
their behalf; plus 
"(b) the present value of Government payments to the 
fund under section 261 (b) and (c) of this Act; plus 
"(c) the fund balance as of the date the unfunded liability 
is determined; and 
"(6) 'Normal cost' means the level percentage of payroll 
required to be deposited in the fund to meet the cost of benefits 
payable under the system (computed in accordance with generally 
accepted actuarial practice on an entry-age basis) less the value 
of retirement benefits earned under another retirement system 
for government employees and less the cost of credit allowed for 
military service.". 
SEC. 102. Section 261 of the Central Intelligence Agency Retire-
ment Act of 1964 for Certain Employees, as amended (78 Stat. 1043; 
50 U.S.C. 403 note), is amended by inserting "(a)" after "261." and 
by adding the following new paragraphs (b), (c), and (d) : 
"(b) Any statute which authorizes— 
"(1) new or liberalized benefits payable from the fund, includ-
ing annuity increases other than under section 291 of this Act; 
"(2) extension of the coverage of this Act to new groups of 
employees; or 
Infra. 
50 u s e 403 note. 
90 STAT. 2468 
PUBLIC LAW 94-522—OCT. 17, 1976 
"(3) increases in salary on which benefits are computed is 
deemed to authorize appropriations to the fund to finance the 
unfunded liability created by that statute in thirty equal annual 
installments with interest computed at the rate used in the then 
most recent valuation of the System and with the first payment 
thereof due as of the end of the fiscal year in which each new 
or liberalized benefit, extension of coverage, or increase in salary 
is effective. 
"(c) There is hereby authorized to be appropriated to the fund 
each fiscal year, beginning with fiscal year 1977 such amounts as may 
be necessary to meet the amount of normal cost for each year which 
is not met by contributions under section 211 (a). 
"(d) There is hereby authorized to be appropriated to the fund 
each fiscal year such sums as may be necessary to provide the amount 
equivalent to (1) interest on the unfunded liability computed for that 
year at the interest rate used in the then most recent valuation of the 
System, and (2) that portion of disbursement for annuities for that 
year which the Director estimates is attributable to credit allowed 
for military service, not to exceed the following percentages of such 
amounts: 70 per centum for 1977; 80 per centum for 1978; 90 per 
centum for 1979; and 100 per centum for 1980 and for each fiscal year 
thereafter.". 
TITLE II—RETIREMENT ACT AMENDMENTS 
Annuitants. 
SEC, 201. Section 204 of the Central Intelligence Agency Retirement 
Act of 1964 for Certain Employees, as amended (78 Stat. 1043; 50 
U.S.C. 403 note), is amended— 
(a) by striking "dependent" in subsection (a); 
(b) by striking "Dependent widower" and inserting "Widower" 
in lieu thereof in subsection (b) (2); 
(c) by inserting a period before the first comma and striking 
the remainder of the sentence in subsection (b) (2); 
(d) by inserting before the comma in subsection (b) (3) (i) 
the words: "or a child who lived with and for whom a petition 
for adoption was filed by a participant and who is adopted by 
by the surviving spouse after the participant's death."; and 
(e) by striking out "two years" wherever it appears and insert-
ing in 1 ieu thereof "one year". 
Annuities, 
SEC. 202. Section 221(b) of the Central Intelligence Agency Retire-
computation, 
jy^gnt Act of 1964 for Certain Employees, as amended (78 Stat. 1043; 
50 U.S.C. 403 note), is amended to read as follows: 
"(b) (1) If a participant dies after having retired and is survived 
by a spouse to whom he or she was married at the time of retirement, 
or by a widow or widower wl:iom he or she married after retirement, 
the spouse, widow, or widower is entitled to an annuity equal to 55 per 
centum of the amount of the participant's annuity computed as pre-
scribed in paragraph (a) of this section, up tq^the full amount of such 
annuity specified by the participant as the" base for such survivor 
benefits at the time of retirement. The annuity of the participant 
shall be reduced by 214 per centum of any amount up to $3,600 
specified by the participant as the base for such survivor benefit plus 
10 per centum of any amount over $3,600 so specified. If at the time 
of retirement the participant does not desire any surviving spouse to 
receive an annuity under this paragraph he shall so state in writing 
to the Director. 
PUBLIC LAW 94-522—OCT. 17, 1976 
90 STAT. 2469 
"(2) If an annuitant dies after having elected a reduced annuity 
provided in paragraph (2) of section 221(f) the surviving widow Infra. 
or widower is entitled to an annuity computed as prescribed in para-
graph (1) of this subsection. 
"(3) A spouse acquired after retirement is entitled to a survivor 
annuity under this subsection only upon electing this annuity instead 
of any other survivor benefit to which he or she may be entitled under 
this or another retirement system for Government employees. The 
annuity of the spouse, widow, or widower under this subsection com-
mences on the day after the annuitant dies. This annuity and the right 
thereto terminate on the last day of the month before the spouse, 
widow, or widower— 
"(A) dies; or 
"(B) remarries before becoming sixty years of age. 
"(4) An annuity which is reduced under this subsection shall, for 
each full month during which an annuitant is not married, be recom-
puted and paid as if the annuity had not been so reduced. Upon 
remarriage of the annuitant, the annuity shall be reduced by the same 
per'centage reductions which were in effect at the time of retirement.". 
SEC. 203. Section 221(f) of the Central Intelligence Agency Retire- Unmarried 
ment Act of 1964 for Certain Employees, as amended (78 Stat. 1043; participant. 
50 U.S.C. 403 note), is amended— 
(a) by inserting " ( 1 ) " immediately after " ( f ) " ; and 
(b) by adding at the end thereof the following new paragraph 
(2) : 
. . 
"(2) A participant, who is unmarried at the time of retiring and 
who later marries, may irrevocably elect, in a signed writing received 
in the Agency within one year after the marriage, a reduced annuity 
as provided in section 221 (b). The reduced annuity is effective the first 
day of the month after the election is received. The election voids pro-
spectively any election previously made under the provisions of para- 
« 
graph (1) of this subsection.". 
SEC. 204. Section 221 of the Central Intelligence Agency Retirement 
Annuities, 
Act of 1964 for Certain Employees, as amended (78 Stat. 1043; 50 monthly rate. 
U.S.C. 403 note), is amended by adding at the end thereof the follow-
ing new subsection: 
"(1)(1) Notwithstanding any other provision of this section, the 
monthly rate of annuity payable under subsection (a) of this section, 
shall not be less than the smallest primary insurance amount, includ-
ing any cost-of-living increase added to that amount, authorized to 
be paid from time to time under title I I of the Social Secuirty Act. 
42 USC 401 et 
" (2) Notwithstanding any other provision of this section, other than 
*^9'-
this subsection, the monthly rate of annuity payable under subsection 
(a) of this section to a surviving child shall not be less than the small-
est primary insurance amount, including any cost-of-living increase 
added to that amount, authorized to be paid from time to time under 
title I I of the Social Security Act, or three times such primary insur-
ance amount divided by the number of surviving children entitled to 
an annuity, whichever is the lesser. 
"-• 
"(3) The provisions of this subsection shall not apply to an annui-
tant or to a survivor who is or becomes entitled to receive from the 
United States an annuity or retired pay under any other civilian or 
military retirement system, benefits under title I I of the Social Secu-
rity Act, a pension, veterans' compensation, or any other periodic pay-
ment of a similar nature, when the monthly rate thereof is equal to or 
greater than the smallest primary insurance amount, including any 
cost-of-living increase added to that amount, authorized to be paid 
from time to time under title I I of the Social Security Act.". 
90 STAT. 2470 
PUBLIC LAW 94-522—OCT. 17, 1976 
Retirement for 
disability or 
incapacity, 
application 
submittal. 
Annuity, 
termination. 
Reinstatement. 
SEC. 205. Section 231(a) of the Central Intelligence Agency Retire-
ment Act of 1964 for Certain Employees as amended" (78-SkUi. 1043; 
U.S.C. 403 note), is amended by adding at the end thereof the follow-
ing : "Retirement for disability or incapacity may be approved only if 
the application is submitted before the applicant is separated from the 
Agency or within one year thereafter. This time limitation may be 
waived by the Director for a participant or annuitant who at the date 
of separation from the Agency or within one year thereafter is mentally 
incompetent, if the application is filed with the Agency within one 
year from the date of restoration of the participant or annuitant to 
competency or the appointment of a fiduciary, whichever is earlier.". 
SKC. 206. Section 231(b) of the Central Intelligence Agency Retire-
ment Act of 1964 for Certain Employees, as amended (78 Stat. 1043; 
U.S.C. 403 note), is amended— 
(a) by inserting the figure "(1)" immediately after the letter 
"(b)"; 
(b) by striking the words "six months" in the sixth sentence 
and substitute "one year"; and 
(c) by adding at the end of the section a new paragraph (2) as 
follows: 
"(2) If the annuitant receiving disability retirement annuity is 
restored to earning capacity, before becoming sixty years of age, pay-
ment of the annuity terminates on reemployment by the Government 
or one year after the end of the calendar year in which earning capacity 
is restored whichever is earlier. Earning capacity is restored if in each 
of two succeeding calendar years the income of the annuitant from 
wages or self-employment or both equals at least 80 per centum of the 
current rate of pay of the position occupied at the time of retirement.". 
SEC. 207. Section 231(c) of the Central Intelligence Agency Retire-
ment Act of 1964 for Certain Employees, as amended (78 Stat. 1043; 
50 U.S.C. 403 note), is amended— 
(a) by inserting the figure "(1)" immediately after the letter 
"(c)"; 
(b) by inserting immediately after the words "If a recovered" 
the words: "or restored"; 
(c) by inserting immediately after the words "shall be con-
sidered" the words: "except for service credit"; 
(d) by inserting immediately after the words "as of the date" 
the words: "of termination of the disability annuity"; 
(e) by striking the words: "he was retired for disability"; 
(f) by striking the period after the last word "provisions" and 
adding the words: "or he may be placed by the Director in an 
involuntary retired status if he qualifies under the provisions of 
section 235(a). Retirement rights under this section shall be based 
on the provisions of this Act in effect as of the date the disability 
annuity was discontinued.". 
(g) by adding at the end of the section a new paragraph (2) : 
"(2) If, based on a current medical examination, the Director 
determines that a recovered annuitant has, before reaching age sixty-
two, again become totally disabled due to recurrence of the disability 
for which he was originally retired, his terminated disability annuity 
(same type and rate) is reinstated from the date of such medical 
examination. If a restored-to-earning-capacity annuitant has not med-
ically recovered from the disability for which retired and establishes 
to the Director's satisfaction that his income from wages and self-
employment in any calendar year before reaching age sixty-two was 
less than 80 per centum of the pay rate attached to the position from 
PUBLIC LAW 94-522—OCT. 17, 1976 
90 STAT. 2471 
which he retired, his terminated disability annuity (same type and 
rate) is reinstated from the first of the next following year. If he has 
been allowed an involuntary or voluntary retirement annuity in the 
meantime, his reinstated disability annuity is substituted for it unless 
he elects to retain the former benefit.". 
SEC, 208. Section 232(b) of the Central Intelligence Agency Retire-
ment Act of 1964 for Certain Employees, as amended (78 Stat. 1043; 
50 U.S.C. 403 note), is amended— 
^a) by striking "dependent" wherever it occurs; and 
(b) by inserting a period after "section 221(g)" and striking 
the remainder of the section. 
SEC. 209. Section 241(b)(1) of the Central Intelligence Agency 
Retirement Act of 1964 for Certain Employees, as amended (78 Stat. 
1043; 50 U.S.C. 403 note), is amended to read as follows: 
"(1) To the beneficiary or beneficiaries designated by such partici-
pant in a signed and witnessed writing received by the Agency before 
his death. For this purpose, a designation, change, or cancellation of 
beneficiary in a will or other document not so executed and filed shall 
have no force or effect;". 
SEC. 210. Section 251 of the Central Intelligence Agency Retirement 
Act of 1964 for Certain Employees, as amended (78 Stat. 1043; 50 
U.S.C. 403 note), is amended— 
(a) by striking "the Federal Employees' Compensation Act of 
September 7,1916, as amended (5 U.S.C. 751 et seq.)" and insert-
ing in lieu thereof "chapter 81 of title 5, United States Code, or 
any earlier statute on which such chapter is based"; and 
(b) by adding at the end thereof the following new sentence: 
"A participant or former participant who returns to Government 
duty after a period of separation shall have included in his period 
of service that part of the period of separation in which he was 
receiving benefits under chapter 81 of title 5, United States Code, 
or any earlier statute on which such chapter is based.". 
SEC. 211. Section 252 of the Central Intelligence Agency Retirement 
Act of 1964 for Certain Employees, as amended (78 Stat. 1043; 50 
U.S.C. 403 note), is amended by striking the period at the end of para-
graph (a) (2) thereof and adding the following: "or active and hon-
orable 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.". 
SEC. 212. The Central Intelligence Agency Retirement Act of 1964 
for Certain Employees, as amended (78 Stat. 1043; 50 U.S.C. 403 note), 
is amended by adding in "PART G — M O N E Y S " thereof the following new 
section 264: 
"RECOVERY or PAYMENTS 
"SEC. 264. Recovery of payments under this Act may not be made 
from an individual when in the judgment of the Director, the indi-
vidual is without fault and recovery would be against equity and good 
conscience. Withholding or recovery of money mentioned by this Act 
on account of a certification or payment made by a former employee 
of the Central Intelligence Agency in the discharge of his official 
duties may be made if the Director certifies that the certification or 
payment involved fraud on the part of the former employee.". 
SEC. 213. The Central Intelligence Agency Retirement Act of 1964 
for Certain Employees, as amended (78 Stat. 1043; 50 U.S.C. 403 
note), is amended by adding at the end thereof the following new 
section: 
Death in service. 
Length of service, 
computation. 
5 use 8101. 
Prior service 
credit. 
90 STAT. 2472 
PUBLIC LAW 94-522—OCT. 17, 1976 
"PART K—CONFORMITY WITH CIVIL SERVICE RETIREMENT SYSTEM 
" A U T H O R I T Y 
TO M A I N T A I N 
EXISTING AREAS OF CONFORMITY 
B E T W E E N 
CIVIL 
SERVICE 
AND 
CENTRAL 
I N T E L L I G E N C E 
AGENCY 
R E T I R E M E N T 
AND DISABILITY SYSTEMS 
50 use403 note. 
"SEC. 292. (a) Whenever the President determines that it would 
be appropriate for the purpose of maintaining existing conformity 
between the Civil Service Retirement and Disability System and the 
Central Intelligence Agency Retirement and Disability System with 
respect to substantially identical provisions, he may^ by Executive 
order, extend to current or former participants in the Central Intelli-
gence Agency Retirement and Disability System, or to their survivors, 
a provision of law enacted after January 1,1975, which: 
"(1) amends subchapter III, chapter 83, title 5, United States 
5 use 8331. 
Code, and is apj)licable to civil service employees generally, or 
"(2) otherwise affects current or former participants in the 
Civil Service Retirement and Disability System, or their 
survivors. 
Any such order shall extend such provision of law so that it applies 
in like manner with respect to such Central Intelligence Agency 
Retirement and Disability System participants, former participants, 
or survivors. Any such order shall have the force and effect of law and 
may be given retroactive effect to a date not earlier than the effective 
date of the corresponding provision of law applicable to employees 
under the Civil Service Retirement System. 
"(b) Any 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) all provisions of law enacted prior to the effective date of 
the provision of such Executive order, and 
"(2) any prior provision of an Executive order issued under 
authority of this section.". 
Annuity increase. 
SEC. 214. (a) An annuity payable from the Central Intelligence 
50 use 403 note. Agency Retirement and Disability Fund to an annuitant which is 
based on a separation occurring prior to October 20,1969, is increased 
by $240 per annum. 
(b) In lieu of any increase based on an increase under subsection 
(a) of this section, an annuity payable from the Central Intelligence 
Agency Retirement and Disability Fund to the surviving spouse of 
an annuitant, which is based on a separation occurring prior to Octo-
ber 20, 1969, shall be increased by $132 per annum. 
Monthly rate. 
(c) The monthly rate of an annuity resulting from an increase 
under this section shall be considered as the monthly rate of annuity 
payable under section 221(a) of the Central Intelligence Agency 
Retirement Act of 1964 for Certain Employees, as amended (78 Stat. 
1043; 50 U.S.C. 403 note) for purposes oi computing the minimum 
annuity under new section 221 (1) of the Act, as added by section 204 
of this Act. 
Effective dates. 
SEC. 215. (a) This Act shall become effective October 1, 1976. 
50USC403note. 
(b) The amendments made by sections 201 (a), (b), (c), and (d), 
202, and 208 shall not apply in the case of participants who died before 
January 8, 1971. The amendments made by section 201(e) shall not 
apply in the case of participants who died before April 9, 1974. The 
rights of such persons and their survivors shall continue in the same 
manner and to the same extent as if such amendments had not been 
enacted. 
PUBLIC LAW 94-522—OCT. 17, 1976 
90 STAT. 2473 
(c) The amendment made by section 203 shall apply to a partici-
pant who married prior to enactment but only if the election is made 
within one year after enactment. 
(d) The amendment made by section 210 is effective only with 
respect to annuity accruing for full months beginning after January 8, 
1971; but any part of a f)eriod of separation referred to in such amend-
ment in which the participant or former participant was receiving ben-
efits under chapter 81 of title 5, United States Code, or any earlier 5 U
S
C 8101. 
statute on which such chapter is based shall be counted whether the 
person returns to duty before, on, or after January 8, 1971. With 
respect to any person retired before such date of enactment, any such 
part of a period of separation shall be counted only upon application 
of the retired person. 
(e) The amendment in section 211 to credit certain service in the 
Public Health Service is effective as of April 8, 1960, and the amend-
ment to credit certain service in the National Oceanic and Atmos-
pheric Administration is effective as of September 14, 1961. 
(f) The amendment in section 212 is effective as of June 30,1974. 
(g) The amendment to recompute a reduced annuity during periods 
when not married in section 202 shall apply to annuities which com-
mence before, on, or after the date of enactment of this Act, but no 
increase in annuity shall be paid for any period prior to November 1, 
1974. 
(h^ Annuity increases under sections 204 and 214 shall apply to 
annuities which commence before, on, or after the date of enactment 
of this Act, but no increase in annuity shall be paid for any period 
prior to August 1, 1974, or the date on which the annuity commences, 
whichever is later. 
Approved October 17, 1976. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 94-1152 pt. 1 (Comm. on Armed Services) and No. 94-1152 
pt. 2 (Comm. on Appropriations). 
SENATE REPORT No. 94-1304 (Select Comm. on Intelligence). 
CONGRESSIONAL RECORD, Vol. 122 (1976): 
Sept. 13, considered and passed House. 
Sept. 30, considered and passed Senate.