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50 U.S.C. § 2052 — Death in service

Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 2052 — Death in service

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Stable record: federal_law:legal_authorities:record_usc_33739e54e7722b9fafa3b0b4
Source file: Laws/federal/codes/united-states-code/title-50/section-2052-death-in-service--a4fb7cbaf1.md
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Source location: Title 50, Chapter 38, § 2052; chapter-038-central-intelligence-agency-retirement-and-disability.md

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**(a) Return of contributions when no annuity payable** If a participant dies and no claim for an annuity is payable under this subchapter, the participant’s lump-sum credit and any voluntary contributions made under [section 2121 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2121&num=0&edition=prelim), with interest, shall be paid in the order of precedence shown in [section 2071(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2071/c&num=0&edition=prelim). **(b) Survivor annuity for surviving spouse or former spouse** (1) **In general** — If a participant dies before separation or retirement from the Agency and is survived by a spouse or by a former spouse qualifying for a survivor annuity under [section 2032(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2032/b&num=0&edition=prelim), such surviving spouse shall be entitled to an annuity equal to 55 percent of the annuity computed in accordance with paragraphs (2) and (3) of this subsection and [section 2031(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2031/a&num=0&edition=prelim), and any such surviving former spouse shall be entitled to an annuity computed in accordance with [section 2032(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2032/b&num=0&edition=prelim) and paragraph (2) of this subsection as if the participant died after being entitled to an annuity under this subchapter. The annuity of such surviving spouse or former spouse shall commence on the day 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 payment and restoration provisions of sections 2031(b)(3)(C), 2031(i), and 2032(b)(3) of this title). (2) **Computation** — The annuity payable under paragraph (1) shall be computed in accordance with [section 2031(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2031/a&num=0&edition=prelim), 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 2032(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2032/b&num=0&edition=prelim), the annuity of a surviving spouse under this section shall be subject to the limitation of [section 2031(b)(3)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2031/b/3/B&num=0&edition=prelim), and the annuity of a former spouse under this section shall be subject to the limitation of [section 2032(b)(4)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2032/b/4/B&num=0&edition=prelim). (4) **Precedence of section 2034 survivor annuity over death-in-service 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 2034 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2034&num=0&edition=prelim), the annuity provided under this section shall not be payable and shall be superseded by the annuity under [section 2034 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2034&num=0&edition=prelim). **(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 2031(d)(3)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2031/d/3/A&num=0&edition=prelim); 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 2031(d)(3)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2031/d/3/B&num=0&edition=prelim). (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 the fund to or on behalf of each such surviving child an annuity determined under [section 2031(d)(3)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2031/d/3/A&num=0&edition=prelim); 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 behalf of each such surviving child an annuity determined under [section 2031(d)(3)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2031/d/3/B&num=0&edition=prelim). (3) **“Former spouse” defined** — For purposes of this subsection, 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 participant.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 2121 — Voluntary contributions

**(a) Authority for voluntary contributions** (1) **In general** — Under such regulations as may be prescribed 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 voluntary contribution account in each case is the sum of unrefunded 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8334/e&num=0&edition=prelim), compounded annually to the date of election under subsection (b) or the date of payment under subsection (d). **(b) Treatment of voluntary contributions** Effective on the date of retirement and at the election of the participant, the participant’s account 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 participant’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 payment or life annuity to be paid upon the participant’s death. **(c) Value of benefits** The benefits provided by subsection (b)(2), (3

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 2121

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 403 — Transferred

### Statutory Notes #### Codification Section 402b, comprising section 902 of the Counterintelligence Enhancement Act of 2002, Pub. L. 107–306, title IX, and also of the Intelligence Authorization Act for Fiscal Year 2003, Pub. L. 107–306, was editorially reclassified as [section 3382 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3382&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 403

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 2034 — Survivor annuity for certain other former 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 under subsection (b), to a survivor annuity equal to 55 percent of the greater of— (A) the unreduced amount of the participant’s or retired participant’s annuity, as computed under [section 2031(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2031/a&num=0&edition=prelim); 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 2143 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2143&num=0&edition=prelim). (2) **Reduction in survivor annuity** — A survivor annuity payable under this section shall be reduced by an amount equal to any survivor annuity payments made to the former spouse under [section 2033 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2033&num=0&edition=prelim). **(b) Limitations** A former spouse is not entitled to a survivor annuity under this section if— (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 dissolved by death, annulment, or divorce; or (2) the former spouse is less than 50 years of age. **(c) Commencement and termination of annuity** (1) **Commencement of annuity** — The entitlement of a former spouse to a survivor annuity under this section shall commence— (A) in the case of a former spouse of a participant or retire

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 2034

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 2001 — Definitions relating to the system

When used in this chapter: (1) **Agency** — The term “Agency” means the Central Intelligence Agency. (2) **Director** — The term “Director” means the Director of the Central Intelligence Agency. (3) **Qualifying service** — The term “qualifying service” means service determined by the Director to have been performed in carrying out duties described in [section 2013 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2013&num=0&edition=prelim). (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 liability** — The term “unfunded liability” means the estimated amount by which— (A) the present value of all benefits payable from the fund exceeds (B) the sum of— (i) the present value of deductions to be withheld from the future basic pay of participants subject to subchapter II and of future Agency contributions to be made on the behalf of such participants; (ii) the present value of Government payments to the fund under sections 2091(c) and 2091(d) of this title; and (iii) the fund 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 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. (7) **Lump-sum credit** — The term “lump-sum credit” means the unrefunded amount consisti

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 2001

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 2031 — Computation of annuities

**(a) Annuity of participant** (1) **Computation of annuity** — The annuity of a participant is the product of— (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 2081 and 2082 of this title) 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 2051 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2051&num=0&edition=prelim)) 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 average basic pay or eligibility for an annuity under this subchapter. A deposit shall not be required for days of unused sick leave credited under 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, 1986, 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 participant’s length of service before that date (increased by the unused sick leave to the credit of the participant at the time of retirement) and the participant’s high-3 average pay, as determined by using the annual rate of basic pay that would be payable

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 2031

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3519 — Special rules for disability retirement and death-in-service benefits with respect to certain employees

**(a) Officers and employees to whom section 2051 rules apply** Notwithstanding any other provision of law, an officer or employee of the Central Intelligence Agency subject to retirement system coverage under subchapter III of chapter 83 of title 5 who— (1) has five years of civilian service credit toward retirement under such subchapter III of chapter 83, title 5; (2) has not been designated under [section 2013 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2013&num=0&edition=prelim) as a participant in the Central Intelligence Agency Retirement and Disability System; (3) has become disabled during a period of assignment to the performance of duties that are qualifying toward such designation under such [section 2013 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2013&num=0&edition=prelim); and (4) satisfies the requirements for disability retirement under [section 8337 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8337&num=0&edition=prelim)— shall, upon his own application or upon order of the Director, be retired on an annuity computed in accordance with the rules prescribed in [section 2051 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2051&num=0&edition=prelim), in lieu of an annuity computed as provided by [section 8337 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8337&num=0&edition=prelim). **(b) Survivors of officers and employees to whom section 2052 rules apply** Notwithstanding any other provision of law, in the case of an officer or employee of the Central Intelligence Agency subject to retirement system coverage under subchapter III of cha

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3519

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 2052 — Death in service

Page 348 TITLE 50—WAR AND NATIONAL DEFENSE § 2052 itant’s income from wages and self-employ- ment 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 annuitant’s termi- nated disability annuity (same type and rate) shall be reinstated from the first of the next following year. If the annuitant has been al- lowed an involuntary or voluntary retirement annuity in the meantime, the annuitant’s re- instated disability annuity shall be sub- stituted for it unless the annuitant elects to retain the former benefit. (e) Coordination of benefits (1) Workers’ compensation A participant is not entitled to receive for the same period of time— (A) an annuity under this subchapter, and (B) compensation for injury to, or dis- ability of, such participant under subchapter I of chapter 81 of title 5, other than com- pensation payable under section 8107 of such title. (2) Survivor annuities An individual is not entitled to receive an annuity under this subchapter and a concur- rent benefit under subchapter I of chapter 81 of title 5 on account of the death of the same per- son. (3) Greater benefit Paragraphs (1) and (2) do not bar the right of a claimant to the greater benefit conferred by either this subchapter or subchapter I of chap- ter 81 of title 5. (f) Offset from survivor annuity for workers’ compensation payment (1) Refund to Department of Labor If an individual is entitled to an annuity under this subchapter and the individual re- ceives a lump-sum payment for compensation under section 8135 of title 5 based on the dis- ability or death of the same person, so much of the compensation as has been paid for a pe- riod extended beyond the date pa

Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 2052

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