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50 U.S.C. § 2083 — Credit for service while on military leave
Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** A participant who, during the period of any war or of any national emergency as proclaimed by the President or declared by the Congress, leaves the participant’s position in the Agency to enter military service shall not be considered, for purposes of this subchapter, as separated from the participant’s position in the Agency by reason of such military service, unless the participant applies for and receives a refund of contributions under this subchapter. Such a participant may not be considered as retaining such position in the Agency after December 31, 1956, or upon the expiration of five years of such military service, whichever is later.
**(b) Waiver of contributions** Except to the extent provided under section 2082(e) or 2082(h) of this title, contributions shall not be required covering periods of leave of absence from the Agency granted a participant while performing active service in the Armed Forces.
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Stable record: federal_law:legal_authorities:record_usc_8ae1cd462cc1af3e64822723
Source file: Laws/federal/codes/united-states-code/title-50/section-2083-credit-for-service-while-on-military-leave--a90bf24994.md
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Source location: Title 50, Chapter 38, § 2083; chapter-038-central-intelligence-agency-retirement-and-disability.md
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**(a) General rule** A participant who, during the period of any war or of any national emergency as proclaimed by the President or declared by the Congress, leaves the participant’s position in the Agency to enter military service shall not be considered, for purposes of this subchapter, as separated from the participant’s position in the Agency by reason of such military service, unless the participant applies for and receives a refund of contributions under this subchapter. Such a participant may not be considered as retaining such position in the Agency after December 31, 1956, or upon the expiration of five years of such military service, whichever is later.
**(b) Waiver of contributions** Except to the extent provided under section 2082(e) or 2082(h) of this title, contributions shall not be required covering periods of leave of absence from the Agency granted a participant while performing active service in the Armed Forces.
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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) In general** A participant may, subject to the provisions of this section, include in the participant’s period of service—
(1) civilian service in the Government before becoming a participant that would be creditable toward retirement under subchapter III of chapter 83 of title 5 (as determined under section 8332(b) of such title); and
(2) honorable active service in the Armed Forces before the date of the separation upon which eligibility for an annuity is based, or honorable active service in the Regular or Reserve Corps 11 See Change of Name note below. 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.
**(b) Limitations**
(1) **In general** — Except as provided in paragraphs (2) and (3), the total service of any participant shall exclude—
(A) any period of civilian service on or after October 1, 1982, for which retirement deductions or deposits have not been made,
(B) any period of service for which a refund of contributions has been made, or
(C) any period of service for which contributions were not transferred pursuant to subsection (c)(1);
unless the participant makes a deposit to the fund in an amount equal to the percentages of basic pay received for such service as specified in the table contained in [section 8334(c) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8334/c&num=0&edition=prelim), together with interest computed in accordance with section 8334(e) of such title. The deposit may be made in one or more installments (including by allotment from pay), as determined by the Director.
(2) **Effect of retirement deductions not made** — If a participant has not paid a deposit for civilian servic
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 2082
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Federal law — U.S. Code and appendices · legal_authorities
Page 356
TITLE 50—WAR AND NATIONAL DEFENSE
§ 2083
in any year under this paragraph shall be equal
to the interest rate that is applicable for such
year under section 8334(e) of title 5.
(3) Any payment received by the Director
under this subsection shall be deposited in the
Treasury of the United States to the credit of
the fund.
(4) The provisions of section 2031(l) of this title
shall apply with respect to such information as
the Director determines to be necessary for the
administration of this subsection in the same
manner that such section applies concerning in-
formation described in that section.
(Pub. L. 88–643, title II, § 252, as added Pub. L.
102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat.
3229;
amended
Pub.
L.
105–33,
title
VII,
§ 7001(c)(3), Aug. 5, 1997, 111 Stat. 659; Pub. L.
106–346, § 101(a) [title V, § 505(c)(2)], Oct. 23, 2000,
114 Stat. 1356, 1356A–53; Pub. L. 116–92, div. E,
title LXII, § 6202(a)(2)(A)(ii), (c), Dec. 20, 2019, 133
Stat. 2185, 2186.)
Editorial Notes
REFERENCES IN TEXT
Chapter 67 of title 10, referred to in subsec. (e)(3)(B),
was transferred to part II of subtitle E of Title 10,
Armed Forces, renumbered as chapter 1223, and amend-
ed generally by Pub. L. 103–337, div. A, title XVI,
§ 1662(j)(1), Oct. 5, 1994, 108 Stat. 2998. A new chapter 67
(§ 1331) of Title 10 was added by section 1662(j)(7) of Pub.
L. 103–337.
PRIOR PROVISIONS
A prior section 252 of Pub. L. 88–643, title II, Oct. 13,
1964, 78 Stat. 1050; Pub. L. 91–626, §§ 5, 6, Dec. 31, 1970, 84
Stat. 1872; Pub. L. 94–522, title II, § 211, Oct. 17, 1976, 90
Stat. 2471; Ex. Ord. No. 12443, §§ 9–11, 15, Sept. 27, 1983,
48 F.R. 44753, 44755; Ex. Ord. No. 12485, July 13, 1984, 49
F.R. 28827; Pub. L. 99–335, title V, § 501(2), June 6, 1986,
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 2083
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