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50 U.S.C. § 2143 — Alternative forms of annuities

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

50 U.S.C. § 2143 — Alternative forms of annuities

**(a) Authority for alternative form of annuity** The Director shall prescribe regulations under which any participant who has a life-threatening affliction or other critical medical condition may, at the time of retiring under this subchapter (other than under [section 2051 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2051&num=0&edition=prelim)), elect annuity benefits under this section instead of any other benefits under this subchapter (including any survivor benefits under this subchapter) based on the service of the participant creditable under this subchapter. **(b) Basis for alternative forms of annuity** The regulations and alternative forms of annuity shall, to the maximum extent practicable, meet the requirements prescribed in [section 8343a of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8343a&num=0&edition=prelim). **(c) Lump-sum credit** Any lump-sum credit provided pursuant to an election under subsection (a) shall not preclude an individual from receiving other benefits provided under that subsection. **(d) Submission of regulations to congressional intelligence committees** The Director shall submit the regulations prescribed under subsection (a) to the congressional intelligence committees before the regulations take effect.

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Source location: Title 50, Chapter 38, § 2143; chapter-038-central-intelligence-agency-retirement-and-disability.md

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

5 U.S.C. § 8343a — Alternative forms of annuities

**(a)** The Office of Personnel Management shall prescribe regulations under which any employee or Member who has a life-threatening affliction or other critical medical condition may, at the time of retiring under this subchapter (other than under [section 8337 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8337&num=0&edition=prelim)), elect annuity benefits under this section instead of any other benefits under this subchapter (including any benefits under [section 8341 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8341&num=0&edition=prelim)) based on the service of the employee or Member. **(b)** Subject to subsection (c), the Office shall by regulation provide for such alternative forms of annuities as the Office considers appropriate, except that among the alternatives offered shall be— (1) an alternative which provides for— (A) payment of the lump-sum credit to the employee or Member; and (B) payment of an annuity to the employee or Member for life; and (2) in the case of an employee or Member who is married at the time of retirement, an alternative which provides for— (A) payment of the lump-sum credit to the employee or Member; and (B) payment of an annuity to the employee or Member for life, with a survivor annuity payable for the life of a surviving spouse. **(c)** Each alternative provided for under subsection (b) shall, to the extent practicable, be designed such that the present value of the benefits provided under such alternative (including any lump-sum credit) is actuarially equivalent to the present value of the annuity which would otherwise be provided the employee or Member under this subchapter, as computed under subsections (a)–(i), (n), (q), (r),

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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).

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

50 U.S.C. § 2051 — Retirement for disability or incapacity; 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 subsection (b). (2) **Standard for disability determination** — A participant shall be considered to be disabled only if the participant— (A) is found by the Director to be unable, because of disease or injury, 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 participant 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 from the Agency or within one year thereafter. (B) *Waiver for mentally incompetent participant* — The time limitation may be waived by the Director for a participant 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 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 2031(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2031/a&num=0&edition=prelim). However, if the disabled or incapacitated participant has less than 20 years of service credit toward retirement under the system at

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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

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

50 U.S.C. § 2032 — 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 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

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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. § 2143 — Alternative forms of annuities

Page 363 TITLE 50—WAR AND NATIONAL DEFENSE § 2143 respect to such Central Intelligence Agency Retirement and Disability System partici- pants, former participants, or survivors. (3) Legal status Any such order shall have the force and ef- fect of law. (4) Effective date Any such order may be given retroactive ef- fect to a date not earlier than the effective date of the corresponding provision of law ap- plicable to employees under the Civil Service Retirement System. (b) Effect of Executive order Provisions of an Executive order issued pursu- ant 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 effec- tive date of the Executive order; and (2) any prior provision of an Executive order issued under this section. (Pub. L. 88–643, title II, § 292, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3241.) Editorial Notes PRIOR PROVISIONS A prior section 292 of Pub. L. 88–643, as added Pub. L. 94–522, title II, § 213, Oct. 17, 1976, 90 Stat. 2471, 2472, re- lated to authority to maintain existing areas of con- formity between Civil Service and Central Intelligence Agency Retirement and Disability Systems and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on first day of fourth month begin- ning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title. Executive Documents OPEN ENROLLMENT SEASON FOR PARTICIPANTS IN THE CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM The Director to provide a

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