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50 U.S.C. § 2053 — Voluntary retirement
Federal law — U.S. Code and appendices · legal_authorities
**(a)** 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 2031 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2031&num=0&edition=prelim) if the participant has not less than 10 years of service with the Agency.
**(b)** A participant who has at least 25 years of service, ten years of which are with the Agency, may retire, with the consent of the Director, at any age and receive benefits in accordance with the provisions of [section 2031 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2031&num=0&edition=prelim) if the Office of Personnel Management has authorized separation from service voluntarily for Agency employees under [section 8336(d)(2) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8336/d/2&num=0&edition=prelim) with respect to the Civil Service Retirement System or section 8414(b)(1)(B) of such title with respect to the Federal Employees’ Retirement System.
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Stable record: federal_law:legal_authorities:record_usc_8619ababa7445a21aa2a1079
Source file: Laws/federal/codes/united-states-code/title-50/section-2053-voluntary-retirement--fd372bb907.md
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Source location: Title 50, Chapter 38, § 2053; chapter-038-central-intelligence-agency-retirement-and-disability.md
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**(a)** 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 2031 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2031&num=0&edition=prelim) if the participant has not less than 10 years of service with the Agency.
**(b)** A participant who has at least 25 years of service, ten years of which are with the Agency, may retire, with the consent of the Director, at any age and receive benefits in accordance with the provisions of [section 2031 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2031&num=0&edition=prelim) if the Office of Personnel Management has authorized separation from service voluntarily for Agency employees under [section 8336(d)(2) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8336/d/2&num=0&edition=prelim) with respect to the Civil Service Retirement System or section 8414(b)(1)(B) of such title with respect to the Federal Employees’ Retirement System.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
### 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) 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 2051
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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
Page 349
TITLE 50—WAR AND NATIONAL DEFENSE
§ 2053
nuity 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 re-
marriage before attaining age 55 of the sur-
viving spouse or former spouse (subject to the
payment and restoration provisions of sec-
tions 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, except that the computa-
tion 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 aver-
age 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 partic-
ipant had a former spouse qualifying for an
annuity under section 2032(b) of this title, the
annuity of a surviving spouse under this sec-
tion shall be subject to the limitation of sec-
tion 2031(b)(3)(B) of this title, 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.
(4) Precedence of section 2034 survivor annu-
ity 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 sec-
tion 2034 of this title, the annuity provided
under this section shall not be payable and
shall be superseded by the annuity under sec-
tion 2034 of this title.
(c) Annuities for surviving children
(1) Participants dying before April 1, 1992
In
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 2053
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