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50 U.S.C. § 3519 — Special rules for disability retirement and death-in-service benefits with respect to certain employees

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

50 U.S.C. § 3519 — Special rules for disability retirement and death-in-service benefits with respect to certain employees

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Stable record: federal_law:legal_authorities:record_usc_986398307ecea05d63f2168e
Source file: Laws/federal/codes/united-states-code/title-50/section-3519-special-rules-for-disability-retirement-and-death-in-service-benefits-wi--1cc87ec70a.md
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Source location: Title 50, Chapter 46, § 3519; chapter-046-central-intelligence-agency.md

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**(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 chapter 83, title 5, who— (1) has at least eighteen months 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),11 So in original. The comma probably should not appear. as a participant in the Central Intelligence Agency Retirement and Disability System; (3) prior to separation or retirement from the Agency, dies 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) is survived by a surviving spouse, former spouse, or child as defined in [section 2002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2002&num=0&edition=prelim), who would otherwise be entitled to an annuity under [section 8341 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8341&num=0&edition=prelim)— such surviving spouse, former spouse, or child of such officer or employee shall be entitled to an annuity computed in accordance with [section 2052 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2052&num=0&edition=prelim), in lieu of an annuity computed in accordance with [section 8341 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8341&num=0&edition=prelim). **(c) Annuities under this section deemed annuities under chapter 83 of title 5** The annuities provided under subsections (a) and (b) of this section shall be deemed to be annuities under chapter 83 of title 5 for purposes of the other provisions of such chapter and other laws (including title 26) relating to such annuities, and shall be payable from the Central Intelligence Agency Retirement and Disability Fund maintained pursuant to [section 2012 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2012&num=0&edition=prelim).

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

50 U.S.C. § 2002 — Definitions relating to participants and annuitants

**(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

5 U.S.C. § 8341 — Survivor annuities

**(a)** For the purpose of this section— (1) “widow” means the surviving wife of an employee or Member who— (A) was married to him for at least 9 months immediately before his death; or (B) is the mother of issue by that marriage; (2) “widower” means the surviving husband of an employee or Member who— (A) was married to her for at least 9 months immediately before her death; or (B) is the father of issue by that marriage; (3) “dependent”, in the case of any child, means that the employee or Member involved was, at the time of the employee or Member’s death, either living with or contributing to the support of such child, as determined in accordance with such regulations as the Office of Personnel Management shall prescribe; and (4) “child” means— (A) an unmarried dependent child under 18 years of age, including (i) an adopted child, and (ii) a stepchild but only if the stepchild lived with the employee or Member in a regular parent-child relationship, and (iii) a recognized natural child, and (iv) a child who lived with and for whom a petition of adoption was filed by an employee or Member, and who is adopted by the surviving spouse of the employee or Member after his death; (B) such unmarried dependent child regardless of age who is incapable of self-support because of mental or physical disability incurred before age 18; or (C) such unmarried dependent child between 18 and 22 years of age who is a student regularly pursuing a full-time course of study or training in residence in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution. For the purpose of this paragraph and subsection (e) of this section, a child whose 22nd birthday occurs before July

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8341

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

5 U.S.C. § 8337 — Disability retirement

**(a)** An employee who completes 5 years of civilian service and has become disabled shall be retired on the employee’s own application or on application by the employee’s agency. Any employee shall be considered to be disabled only if the employee is found by the Office of Personnel Management to be unable, because of disease or injury, to render useful and efficient service in the employee’s position and is not qualified for reassignment, under procedures prescribed by the Office, to a vacant position which is in the agency at the same grade or level and in which the employee would be able to render useful and efficient service. For the purpose of the preceding sentence, an employee of the United States Postal Service shall be considered not qualified for a reassignment described in that sentence if the reassignment is to a position in a different craft or is inconsistent with the terms of a collective bargaining agreement covering the employee. A judge of the United States Court of Appeals for the Armed Forces who completes 5 years of civilian service and who is found by the Office to be disabled for useful and efficient service as a judge of such court or who is removed for mental or physical disability under [section 942(c) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section942/c&num=0&edition=prelim) shall be retired on the judge’s own application or upon such removal. A Member who completes 5 years of Member service and is found by the Office to be disabled for useful and efficient service as a Member because of disease or injury shall be retired on the Member’s own application. An annuity authorized by this section is computed under [section 8339(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8337

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

50 U.S.C. § 2052 — Death in service

**(a) Return of contributions when no annuity payable** If a participant dies and no claim for an annuity is payable under this subchapter, the participant’s lump-sum credit and any voluntary contributions made under [section 2121 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2121&num=0&edition=prelim), with interest, shall be paid in the order of precedence shown in [section 2071(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2071/c&num=0&edition=prelim). **(b) Survivor annuity for surviving spouse or former spouse** (1) **In general** — If a participant dies before separation or retirement from the Agency and is survived by a spouse or by a former spouse qualifying for a survivor annuity under [section 2032(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2032/b&num=0&edition=prelim), such surviving spouse shall be entitled to an annuity equal to 55 percent of the annuity computed in accordance with paragraphs (2) and (3) of this subsection and [section 2031(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2031/a&num=0&edition=prelim), and any such surviving former spouse shall be entitled to an annuity computed in accordance with [section 2032(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2032/b&num=0&edition=prelim) and paragraph (2) of this subsection as if the participant died after being entitled to an annuity under this subchapter. The annuity 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 remarriage before attaining ag

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 2052

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

50 U.S.C. § 2013 — Participants in CIARDS system

**(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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 2013

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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).

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 403

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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

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

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

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

50 U.S.C. § 403s — Transferred

### Statutory Notes #### Codification Section 403r, comprising section 18 of the Central Intelligence Agency Act of 1949, act June 20, 1949, ch. 227, was editorially reclassified as [section 3518 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3518&num=0&edition=prelim).

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

50 U.S.C. § 2012 — Central Intelligence Agency Retirement and Disability Fund

The Director shall maintain the fund in the Treasury known as the “Central Intelligence Agency Retirement and Disability Fund” (hereinafter in this chapter referred to as the “fund”), originally created pursuant to title II of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees.

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 2012

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