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50 U.S.C. § 2013 — Participants in CIARDS system
Federal law — U.S. Code and appendices · legal_authorities
**(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 chapter as “participants”.
**(b) Qualifying service** Designation of employees under 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 chapter, qualifying service is service performed by an Agency employee in carrying out duties that are determined by the Director—
(1) to be in support of intelligence 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 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 2151(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2151/d&num=0&edition=prelim).
(3) **Election not subject to approval** — An election under this section is not subject to review or approval by the Director.
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Stable record: federal_law:legal_authorities:record_usc_3dfd9be03422f4af1e325c77
Source file: Laws/federal/codes/united-states-code/title-50/section-2013-participants-in-ciards-system--8b4931eae9.md
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Source location: Title 50, Chapter 38, § 2013; chapter-038-central-intelligence-agency-retirement-and-disability.md
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**(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 chapter as “participants”.
**(b) Qualifying service** Designation of employees under 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 chapter, qualifying service is service performed by an Agency employee in carrying out duties that are determined by the Director—
(1) to be in support of intelligence 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 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 2151(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2151/d&num=0&edition=prelim).
(3) **Election not subject to approval** — An election under this section is not subject to review or approval by the Director.
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Federal law — U.S. Code and appendices · legal_authorities
### 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
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
**(a) General definitions** When used in subchapter 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 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 months after marriage* — In a case in which the participant or retired participant dies within the 9-month period beginning 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 if—
(i) the death of the participant or retired participant was accidental; or
(ii) the surviving wife or husband had been previously 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) *Divorce
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 2002
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Former spouse share of participant’s annuity**
(1) **Pro rata share** — Unless otherwise expressly provided by a spousal agreement or court order under [section 2094(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2094/b&num=0&edition=prelim), a former spouse of a participant, former participant, or retired participant is entitled to an annuity—
(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 participant during periods of creditable service of such participant under this subchapter 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 under this subsection commences on the day the participant upon whose service the annuity is based becomes entitled to an annuity under this subchapter or on the first day of the month after the divorce or annulment involved becomes final, whichever 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 pa
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 2032
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** Except as provided in subsections (b) and (c), all employees of the Agency, any of whose service after December 31, 1983, is employment for the purpose of title II of the Social Security Act [[42 U.S.C. 401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section401&num=0&edition=prelim) et seq.] and chapter 21 of title 26, shall be subject to chapter 84 of title 5.
**(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 without regard to whether they are subject to title II of the Social Security Act [[42 U.S.C. 401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section401&num=0&edition=prelim) et seq.].
**(c) Nonapplicability of FERS to certain employees**
(1) The provisions of chapter 84 of title 5 shall not apply with respect to—
(A) any individual who separates, or who has separated, from Federal Government service after having been an employee of the Agency subject to subchapter II of this chapter; and
(B) any employee of the Agency having at least 5 years of civilian service which was performed before January 1, 1987, and is creditable under subchapter II of this chapter (determined without regard to any deposit or redeposit requirement under subchapter III of chapter 83 of title 5, or under subchapter II of this chapter, or any requirement that the individual become subject to such subchapter or to subchapter II of this chapter after performing the service involved).
(2) Paragraph (1) shall not apply with respect to an individual who has
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 2151
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Except as otherwise provided in this section, in the application of chapter 84 of title 5 to an employee of the Agency who is subject to such chapter and is designated by the Director under the criteria prescribed in [section 2013 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2013&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8401/17&num=0&edition=prelim)).
**(b) Voluntary and mandatory retirement** The provisions of sections 2053 and 2055 of this title shall apply to employees referred to in subsection (a), except that the retirement benefits shall be determined under chapter 84 of title 5.
**(c) Recall**
(1) Except as provided in paragraph (2), [section 2111 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2111&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8422&num=0&edition=prelim).
(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.
**(d) Employees disabled on duty**
(1) **Definitions** — In this subsection—
(A) the term “affected employee” means an employee of the Agency covered under subchapter II of chapter 84 of title 5 who—
(i) is performing serv
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 2152
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** Except as otherwise specifically provided in this section, the provisions of chapter 84 of title 5 shall apply in the case of an employee of the Agency who is subject to chapter 84 of title 5 and who has a former spouse (as defined in [section 8401(12) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8401/12&num=0&edition=prelim)) 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, including an employee referred to in [section 2152(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2152/a&num=0&edition=prelim).
(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 married 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8411&num=0&edition=prelim), at least 5 years of which were spent outside the United States by both the employee and the 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 after December 4, 1991, was married 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8411&num=0&edition=prelim), at least 5 years of
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 2154
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Persons eligible** Except as provided in subsection (e), any individual—
(1) formerly married to an employee or former employee of the Agency, whose marriage was dissolved by divorce or annulment before May 7, 1985;
(2) who, at any time during the eighteen-month period before the divorce or annulment became final, was covered under a health benefits plan as a member of the family of such employee or former employee; and
(3) who was married to such employee for not less than ten years during periods of service by such employee with the Agency, at least five years of which were spent outside the United States by both the employee and the former spouse,
is eligible for coverage under a health benefits plan in accordance with the provisions of this section.
**(b) Enrollment for health benefits**
(1) Any individual eligible for coverage under subsection (a) may enroll in a health benefits plan for self alone or for self and family if, before the expiration of the six-month period beginning on October 1, 1986, and in accordance with such procedures as the Director of the Office of Personnel Management shall by regulation prescribe, such individual—
(A) files an election for such enrollment; and
(B) arranges to pay currently into the Employees Health Benefits Fund under [section 8909 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8909&num=0&edition=prelim) an amount equal to the sum of the employee and agency contributions payable in the case of an employee enrolled under chapter 89 of such title in the same health benefits plan and with the same level of benefits.
(2) The Director of the Central Intelligence Agency shall, as soon as possible, take all steps practicable—
(A) to determine the identity and current addr
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3516
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Officers and employees to whom rules apply** Notwithstanding any provision of chapter 83 of title 5, the annuity under subchapter III of such chapter of an officer or employee of the Central Intelligence Agency who retires on or after October 1, 1989, is not designated under [section 2013 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2013&num=0&edition=prelim), and has served abroad as an officer or employee of the Agency on or after January 1, 1987, shall be computed as provided in subsection (b).
**(b) Computation rules**
(1) The portion of the annuity relating to such service abroad that is actually performed at any time during the officer’s or employee’s first ten years of total service shall be computed at the rate and using the percent of average pay specified in [section 8339(a)(3) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8339/a/3&num=0&edition=prelim) that is normally applicable only to so much of an employee’s total service as exceeds ten years.
(2) The portion of the annuity relating to service abroad as described in subsection (a) but that is actually performed at any time after the officer’s or employee’s first ten years of total service shall be computed as provided in [section 8339(a)(3) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8339/a/3&num=0&edition=prelim); but, in addition, the officer or employee shall be deemed for annuity computation purposes to have actually performed an equivalent period of service abroad during his or her first ten years of total service, and in calculating the portion of the officer’s or employee’s annuity for his or her first ten years of total service, the computation rate and percent
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3518
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Federal law — U.S. Code and appendices · legal_authorities
**(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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