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50 U.S.C. § 2094 — Attachment of moneys

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

50 U.S.C. § 2094 — Attachment of moneys

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Stable record: federal_law:legal_authorities:record_usc_93a2e0f466e8a432da08b46b
Source file: Laws/federal/codes/united-states-code/title-50/section-2094-attachment-of-moneys--c8c014c9a2.md
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Source location: Title 50, Chapter 38, § 2094; chapter-038-central-intelligence-agency-retirement-and-disability.md

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**(a) Exemption from legal process** Except as provided in subsections (b), (c), and (e), none of the moneys mentioned in this subchapter shall be assignable either in law or equity, or be subject to execution, levy, attachment, garnishment, or other legal process, except as otherwise may be provided by Federal laws. **(b) Payment to former spouses under court order or spousal agreement** In the case of any participant, former participant, or retired participant who has a former spouse who is covered by a court order or who is a party to a spousal agreement— (1) any right of the former spouse to any annuity under [section 2032(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2032/a&num=0&edition=prelim) in connection with any retirement or disability annuity of the participant, and the amount of any such annuity; (2) any right of the former spouse of a participant or retired participant to a survivor annuity under section 2032(b) or 2032(c) of this title, and the amount of any such annuity; and (3) any right of the former spouse of a former participant to any payment of a lump-sum credit under [section 2071(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2071/b&num=0&edition=prelim), and the amount of any such payment; shall be determined in accordance with that spousal agreement or court order, if and to the extent expressly provided for in the terms of the spousal agreement or court order that are not inconsistent with the requirements of this subchapter. **(c) Other payments under court orders** Payments under this subchapter that would otherwise be made to a participant, former participant, or retired participant based upon that participant’s service shall be paid, in whole or in part, by the Director to another individual if and to the extent expressly provided for in the terms of any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation. **(d) Prospective payments; bar to recovery** (1) Subsections (b) and (c) apply only to payments made under this subchapter for periods beginning after the date of receipt by the Director of written notice of such decree, order, or agreement and such additional information and documentation as the Director may require. (2) Any payment under subsection (b) or (c) to an individual bars recovery by any other individual. **(e) Allotments** An individual entitled to an annuity from the fund may make allotments or assignments of amounts from such annuity for such purposes as the Director considers appropriate.

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

50 U.S.C. § 2095 — Recovery of payments

Recovery of payments under this subchapter may not be made from an individual when, in the judgment of the Director, the individual is without fault and recovery would be against equity and good conscience. Withholding or recovery of money payable pursuant to this subchapter on account of a certification or payment made by a former employee of the Agency in the discharge of the former employee’s official duties may be made if the Director certifies that the certification or payment involved fraud on the part of the former employee.

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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

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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. § 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. § 2094 — Attachment of moneys

Page 358 TITLE 50—WAR AND NATIONAL DEFENSE § 2094 and the service and age or disability require- ments for title to annuity are met. (3) Other annuities Any other annuity payable from the fund commences on the first day of the month after the occurrence of the event on which payment thereof is based. (c) Termination of annuity An annuity payable from the fund shall termi- nate— (1) in the case of a retired participant, on the day death or any other terminating event provided by this subchapter occurs; or (2) in the case of a former spouse or a sur- vivor, on the last day of the month before death or any other terminating event occurs. (d) Application for survivor annuities The annuity to a survivor shall become effec- tive as otherwise specified but shall not be paid until the survivor submits an application for such annuity, supported by such proof of eligi- bility as the Director may require. If such appli- cation or proof of eligibility is not submitted during the lifetime of an otherwise eligible indi- vidual, no annuity shall be due or payable to the individual’s estate. (e) Waiver of annuity An individual entitled to an annuity from the fund may decline to accept all or any part of the annuity by submitting a signed waiver to the Director. The waiver may be revoked in writing at any time. Payment of the annuity waived may not be made for the period during which the waiver is in effect. (f) Limitations (1) Application before 115th anniversary No payment shall be made from the fund un- less an application for benefits based on the service of the participant is received by the Director before the 115th anniversary of the participant’s birth. (2) Application within 30 years Notwithstanding paragraph (1), after the death of a participa

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