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50 U.S.C. § 2154 — Special rules for former spouses
Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** Except as otherwise specifically provided in this section, the provisions of chapter 84 of title 5 shall apply in the case of an employee of the Agency who is subject to chapter 84 of title 5 and who has a former spouse (as defined in [section 8401(12) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8401/12&num=0&edition=prelim)) or a qualified former spouse.
**(b) Definitions** For purposes of this section:
(1) **Employee** — The term “employee” means an employee of the Agency who is subject to chapter 84 of title 5, including an employee referred to in [section 2152(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2152/a&num=0&edition=prelim).
(2) **Qualified former spouse** — The term “qualified former spouse” means a former spouse of an employee or retired employee who—
(A) in the case of a former spouse whose divorce from such employee became final on or before December 4, 1991, was married to such employee for not less than 10 years during periods of the employee’s service which are creditable under [section 8411 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8411&num=0&edition=prelim), at least 5 years of which were spent outside the United States by both the employee and the former spouse during the employee’s service with the Agency; and
(B) in the case of a former spouse whose divorce from such employee becomes final after December 4, 1991, was married to such employee for not less than 10 years during periods of the employee’s service which are creditable under [section 8411 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8411&num=0&edition=prelim), at least 5 years of
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Source location: Title 50, Chapter 38, § 2154; chapter-038-central-intelligence-agency-retirement-and-disability.md
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**(a) General rule** Except as otherwise specifically provided in this section, the provisions of chapter 84 of title 5 shall apply in the case of an employee of the Agency who is subject to chapter 84 of title 5 and who has a former spouse (as defined in [section 8401(12) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8401/12&num=0&edition=prelim)) or a qualified former spouse.
**(b) Definitions** For purposes of this section:
(1) **Employee** — The term “employee” means an employee of the Agency who is subject to chapter 84 of title 5, including an employee referred to in [section 2152(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2152/a&num=0&edition=prelim).
(2) **Qualified former spouse** — The term “qualified former spouse” means a former spouse of an employee or retired employee who—
(A) in the case of a former spouse whose divorce from such employee became final on or before December 4, 1991, was married to such employee for not less than 10 years during periods of the employee’s service which are creditable under [section 8411 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8411&num=0&edition=prelim), at least 5 years of which were spent outside the United States by both the employee and the former spouse during the employee’s service with the Agency; and
(B) in the case of a former spouse whose divorce from such employee becomes final after December 4, 1991, was married to such employee for not less than 10 years during periods of the employee’s service which are creditable under [section 8411 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8411&num=0&edition=prelim), at least 5 years of which were spent by the employee outside the United States during the employee’s service with the Agency or otherwise in a position the duties of which qualified the employee for designation 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).
(3) **Pro rata share** — The term “pro rata share” means the percentage that is equal to (A) the number of days of the marriage of the qualified former spouse to the employee during the employee’s periods of creditable service under chapter 84 of title 5, divided by (B) the total number of days of the employee’s creditable service.
(4) **Spousal agreement** — The term “spousal agreement” means an agreement between an employee, former employee, or retired employee and such employee’s spouse or qualified former spouse that—
(A) is in writing, is signed by the parties, and is notarized;
(B) has not been modified by court order; and
(C) has been authenticated by the Director.
(5) **Court order** — The term “court order” means any court decree of divorce, annulment or legal separation, or any court order or court-approved property settlement agreement incident to such court decree of divorce, annulment, or legal separation.
**(c) Entitlement of qualified former spouse to retirement benefits**
(1) **Entitlement**
(A) *In general* — Unless otherwise expressly provided by a spousal agreement or court order governing disposition of benefits payable under subchapter II or V of chapter 84 of title 5, a qualified former spouse of an employee is entitled to a share (determined under subparagraph (B)) of all benefits otherwise payable to such employee under subchapter II or V of chapter 84 of title 5.
(B) *Amount of share* — The share referred to in subparagraph (A) equals—
(i) 50 percent, if the qualified former spouse was married to the employee throughout the entire period of the employee’s service which is creditable under chapter 84 of title 5; or
(ii) a pro rata share of 50 percent, if the qualified former spouse was not married to the employee throughout such creditable service.
(2) **Annuity supplement** — The benefits payable to an employee under subchapter II of chapter 84 of title 5 shall include, for purposes of this subsection, any annuity supplement payable to such employee under sections 8421 and 8421a of such title.
(3) **Disqualification upon remarriage before age 55** — A qualified former spouse shall not be entitled to any benefit under this subsection if, before the commencement of any benefit, the qualified former spouse remarries before becoming 55 years of age.
(4) **Commencement and termination**
(A) *Commencement* — The benefits of a qualified former spouse under this subsection commence on the later of—
(i) the day on which the employee upon whose service the benefits are based becomes entitled to the benefits; or
(ii) the first day of the second month beginning after the date on which the Director receives written notice of the court order or spousal agreement, together with such additional information or documentation as the Director may prescribe.
(B) *Termination* — The benefits of the qualified former spouse and the right thereto terminate on—
(i) the last day of the month before the qualified former spouse remarries before 55 years of age or dies; or
(ii) the date on which the retired employee’s benefits terminate (except in the case of benefits subject to paragraph (5)(B)).
(5) **Payments to retired employees**
(A) *Calculation of survivor annuity* — Any reduction in payments to a retired employee as a result of payments to a qualified former spouse under this subsection shall be disregarded in calculating—
(i) the survivor annuity for any spouse, former spouse (qualified or otherwise), or other survivor under chapter 84 of title 5, and
(ii) any reduction in the annuity of the retired employee to provide survivor benefits under subsection (d) of this section or under section 8442 or 8445 of title 5.
(B) *Reduction in basic pay upon recall to service* — If a retired employee whose annuity is reduced under paragraph (1) is recalled to service under [section 2152(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2152/c&num=0&edition=prelim), the basic pay of that annuitant shall be reduced by the same amount as the annuity would have been reduced if it had continued. Amounts equal to the reductions under this subparagraph shall be deposited in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund.
(6) **Special rules for disability annuitants** — Notwithstanding paragraphs (1) and (4), in the case of any qualified former spouse of a disability annuitant—
(A) the annuity of such former spouse shall commence on the date on which the employee would qualify, on the basis of the employee’s creditable service, for benefits under subchapter II of chapter 84 of title 5 or on the date on which the disability annuity begins, whichever is later; and
(B) the amount of the annuity of the qualified former spouse shall be calculated on the basis of the benefits for which the employee would otherwise qualify under subchapter II of chapter 84 of such title.
(7) **Pro rata share in case of employees transferred to FERS** — Notwithstanding paragraph (1)(B), in the case of an employee who has elected to become subject to chapter 84 of title 5, the share of such employee’s qualified former spouse shall equal the sum of—
(A) 50 percent of the employee’s annuity under subchapter III of chapter 83 of title 5 or under subchapter II of this chapter (computed in accordance with section 302(a) of the Federal Employees’ Retirement System Act of 1986 or [section 2157 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2157&num=0&edition=prelim)), multiplied by the proportion that the number of days of marriage during the period of the employee’s creditable service before the effective date of the election to transfer bears to the employee’s total creditable service before such effective date; and
(B) if applicable, 50 percent of the employee’s benefits under chapter 84 of title 5 or [section 2152(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2152/a&num=0&edition=prelim) (computed in accordance with section 302(a) of the Federal Employees’ Retirement System Act of 1986 or [section 2157 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2157&num=0&edition=prelim)), multiplied by the proportion that the number of days of marriage during the period of the employee’s creditable service on and after the effective date of the election to transfer bears to the employee’s total creditable service after such effective date.
(8) **Treatment of pro rata share under title 26** — For purposes of title 26, payments to a qualified former spouse under this subsection shall be treated as income to the qualified former spouse and not to the employee.
**(d) Qualified former spouse survivor benefits**
(1) **Entitlement**
(A) *In general* — Subject to an election under [section 8416(a) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8416/a&num=0&edition=prelim), and unless otherwise expressly provided by any spousal agreement or court order governing survivor benefits payable under this subsection to a qualified former spouse, such former spouse is entitled to a share, determined under subparagraph (B), of all survivor benefits that would otherwise be payable under subchapter IV of chapter 84 of title 5 to an eligible surviving spouse of the employee.
(B) *Amount of share* — The share referred to in subparagraph (A) equals—
(i) 100 percent, if the qualified former spouse was married to the employee throughout the entire period of the employee’s service which is creditable under chapter 84 of title 5; or
(ii) a pro rata share of 100 percent, if the qualified former spouse was not married to the employee throughout such creditable service.
(2) **Survivor benefits**
(A) The survivor benefits payable under this subsection to a qualified former spouse shall include the amount payable under [section 8442(b)(1)(A) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8442/b/1/A&num=0&edition=prelim) and any supplementary annuity under section 8442(f) of such title that would be payable if such former spouse were a widow or widower entitled to an annuity under such section.
(B) Any calculation under [section 8442(f) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8442/f&num=0&edition=prelim) of the supplementary annuity payable to a widow or widower of an employee referred to in [section 2152(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2152/a&num=0&edition=prelim) shall be based on an “assumed CIARDS annuity” rather than an “assumed CSRS annuity” as stated in section 8442(f) of such title. For the purpose of this subparagraph, the term “assumed CIARDS annuity” means the amount of the survivor annuity to which the widow or widower would be entitled under subchapter II of this chapter based on the service of the deceased annuitant determined under section 8442(f)(5) of such title.
(3) **Disqualification upon remarriage before age 55** — A qualified former spouse shall not be entitled to any benefit under this subsection if, before commencement of any benefit, the qualified former spouse remarries before becoming 55 years of age.
(4) **Restoration** — If the survivor annuity payable under this subsection to a surviving qualified former spouse is terminated because of remarriage before becoming age 55, the annuity shall be restored at the same rate commencing on the date such remarriage is dissolved by death, divorce, or annulment, if—
(A) such former spouse elects to receive this survivor annuity instead of any other survivor benefit to which such former spouse may be entitled under subchapter IV of chapter 84 of title 5, or under another retirement system for Government employees by reason of the remarriage; and
(B) any lump sum paid on termination of the annuity is returned to the Civil Service Retirement and Disability Fund.
(5) **Modification of court order or spousal agreement** — A modification in a court order or spousal agreement to adjust a qualified former spouse’s share of the survivor benefits shall not be effective if issued after the retirement or death of the employee, former employee, or annuitant, whichever occurs first.
(6) **Effect of termination of qualified former spouse’s entitlement** — After a qualified former spouse of a retired employee remarries before becoming age 55 or dies, the reduction in the retired employee’s annuity for the purpose of providing a survivor annuity for such former spouse shall be terminated. The annuitant may elect, in a signed writing received by the Director within 2 years after the qualified former spouse’s remarriage or death, to continue the reduction in order to provide or increase the survivor annuity for such annuitant’s spouse. The annuitant making such election shall pay a deposit in accordance with the provisions of [section 8418 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8418&num=0&edition=prelim).
(7) **Pro rata share in case of employees transferred to FERS** — Notwithstanding paragraph (1)(B), in the case of an employee who has elected to become subject to chapter 84 of title 5, the share of such employee’s qualified former spouse to survivor benefits shall equal the sum of—
(A) 50 percent of the employee’s annuity under subchapter III of chapter 83 of title 5 or under subchapter II of this chapter (computed in accordance with section 302(a) of the Federal Employees’ Retirement System Act of 1986 or [section 2157 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2157&num=0&edition=prelim)), multiplied by the proportion that the number of days of marriage during the period of the employee’s creditable service before the effective date of the election to transfer bears to the employee’s total creditable service before such effective date; and
(B) if applicable—
(i) 50 percent of the employee’s annuity under chapter 84 of title 5 or [section 2152(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2152/a&num=0&edition=prelim) (computed in accordance with section 302(a) of the Federal Employees’ Retirement System Act of 1986 or [section 2157 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2157&num=0&edition=prelim)), plus
(ii) the survivor benefits referred to in subsection (d)(2)(A),
multiplied by the proportion that the number of days of marriage during the period of the employee’s creditable service on and after the effective date of the election to transfer bears to the employee’s total creditable service after such effective date.
**(e) Qualified former spouse Thrift Savings Plan benefit**
(1) **Entitlement**
(A) *In general* — Unless otherwise expressly provided by a spousal agreement or court order governing disposition of the balance of an account in the Thrift Savings Fund under subchapter III of chapter 84 of title 5, a qualified former spouse of an employee is entitled to a share (determined under subparagraph (B)) of the balance in the employee’s account in the Thrift Savings Fund on the date the divorce of the qualified former spouse and employee becomes final.
(B) *Amount of share* — The share referred to in subparagraph (A) equals 50 percent of the employee’s account balance in the Thrift Savings Fund that accrued during the period of marriage. For purposes of this subsection, the employee’s account balance shall not include the amount of any outstanding loan.
(2) **Payment of benefit**
(A) *Time of payment* — The entitlement of a qualified former spouse under paragraph (1) shall be effective on the date the divorce of the qualified former spouse and employee becomes final. The qualified former spouse’s benefit shall be payable after the date on which the Director receives the divorce decree or any applicable court order or spousal agreement, together with such additional information or documentation as the Director may require.
(B) *Method of payment* — The qualified former spouse’s benefit under this subsection shall be paid in a lump sum.
(C) *Limitation* — A spousal agreement or court order may not provide for payment to a qualified former spouse under this subsection of an amount that exceeds the employee’s account balance in the Thrift Savings Fund.
(D) *Death of qualified former spouse* — If the qualified former spouse dies before payment of the benefit provided under this subsection, such payment shall be made to the estate of the qualified former spouse.
(E) *Bar to recovery* — Any payment under this subsection to an individual bars recovery by any other individual.
(3) **Closed account** — No payment under this subsection may be made by the Director if the date on which the divorce becomes final is after the date on which the total amount of the employee’s account balance has been withdrawn or transferred, or the date on which an annuity contract has been purchased, in accordance with [section 8433 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8433&num=0&edition=prelim).
**(f) Preservation of rights of qualified former spouses** An employee may not make an election or modification of election under section 8417 or 8418 of title 5, or other section relating to the employee’s annuity under subchapter II of chapter 84 of title 5, that would diminish the entitlement of a qualified former spouse to any benefit granted to such former spouse by this section or by court order or spousal agreement.
**(g) Payment of share of lump-sum credit** Whenever an employee or former employee becomes entitled to receive the lump-sum credit under [section 8424(a) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8424/a&num=0&edition=prelim), a share (determined under subsection (c)(1)(B) of this section) of that lump-sum credit shall be paid to any qualified former spouse of such employee, unless otherwise expressly provided by any spousal agreement or court order governing disposition of the lump-sum credit involved.
**(h) Payment to qualified former spouses under court order or spousal agreement** In the case of any employee or retired employee who has a qualified former spouse who is covered by a court order or who is a party to a spousal agreement—
(1) any right of the qualified former spouse to any retirement benefits under subsection (c) and to any survivor benefits under subsection (d), and the amount of any such benefits;
(2) any right of the qualified former spouse to any Thrift Savings Plan benefit under subsection (e), and the amount of any such benefit; and
(3) any right of the qualified former spouse to any payment of a lump-sum credit under subsection (g), 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 section.
**(i) Applicability of CIARDS former spouse benefits**
(1) Except as provided in paragraph (2), in the case of an employee who has elected to become subject to chapter 84 of title 5, the provisions of sections 2034 and 2035 of this title shall apply to such employee’s former spouse (as defined in [section 2002(a)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2002/a/4&num=0&edition=prelim)) who would otherwise be eligible for benefits under sections 2034 and 2035 of this title but for the employee having elected to become subject to such chapter.
(2) For the purposes of computing such former spouse’s benefits under sections 2034 and 2035 of this title—
(A) the retirement benefits shall be equal to the amount determined under subsection (c)(7)(A); and
(B) the survivor benefits shall be equal to 55 percent of the full amount of the employee’s annuity computed in accordance with section 302(a) of the Federal Employees’ Retirement System Act of 1986 or regulations prescribed under [section 2157 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2157&num=0&edition=prelim).
(3) Benefits provided pursuant to this subsection shall be payable from the Central Intelligence Agency Retirement and Disability Fund.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(a) Regulations** The Director shall prescribe regulations providing for the transition from the Central Intelligence Agency Retirement and Disability System to the Federal Employees’ Retirement System provided in chapter 84 of title 5 in a manner consistent with sections 301 through 304 of the Federal Employees’ Retirement System Act of 1986.
**(b) Congressional review** The Director shall submit regulations prescribed under subsection (a) to the congressional intelligence committees before they take effect.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 2157
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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
**(a)** An employee or Member who separates from Government employment is entitled to the amount of the balance in the employee’s or Member’s account (except for the portion of such amount forfeited under [section 8432(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8432/g&num=0&edition=prelim), if any) as provided in this section.
**(b)** Subject to [section 8435 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8435&num=0&edition=prelim), any employee or Member who separates from Government employment is entitled and may elect to withdraw from the Thrift Savings Fund the balance of the employee’s or Member’s account as—
(1) an annuity;
(2) a single payment;
(3) 2 or more substantially equal payments to be made not less frequently than annually; or
(4) any combination of payments as provided under paragraphs (1) through (3) as the Executive Director may prescribe by regulation.
**(c)**
(1) In addition to the right provided under subsection (b) to withdraw the balance of the account, an employee or Member who separates from Government service may make one or more withdrawals of any amount in the same manner as a single payment is made in accordance with subsection (b)(2) from the employee’s or Member’s account.
(2) An employee or Member may request that the amount withdrawn from the Thrift Savings Fund in accordance with subsection (b)(2) be transferred to an eligible retirement plan.
(3) The Executive Director shall make each transfer elected under paragraph (2) directly to an eligible retirement plan or plans (as defined in section 402(c)(8) of the Internal Revenue Code of 1986) identified by the employee, Member, former employee, or former Member for whom the transfer is mad
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8433
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this subchapter—
(1) “employee” means—
(A) an employee as defined by [section 2105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2105&num=0&edition=prelim);
(B) the Architect of the Capitol, an employee of the Architect of the Capitol, and an employee of the Botanic Garden;
(C) a Congressional employee as defined by [section 2107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2107&num=0&edition=prelim) (other than the Architect of the Capitol, an employee of the Architect of the Capitol, and an employee of the Botanic Garden), after he gives notice in writing to the official by whom he is paid of his desire to become subject to this subchapter;
(D) a temporary Congressional employee appointed at an annual rate of pay, after he gives notice in writing to the official by whom he is paid of his desire to become subject to this subchapter;
(E) a United States Commissioner whose total pay for services performed as Commissioner is not less than $3,000 in each of the last 3 consecutive calendar years ending after December 31, 1954;
(F) an individual employed by a county committee established under [section 590h(b) of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section590h/b&num=0&edition=prelim);
(G) an individual first employed by the government of the District of Columbia before October 1, 1987;
(H) an individual employed by Gallaudet College;
(I) an individual appointed to a position on the office staff of a former President under section 1(b) of the Act of August 25, 1958 (72 Stat. 838);
(J) an alien (i) who was previously employed by the Government, (ii) who is employed full time by a foreign government
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) An individual who makes an election under subsection (b) or (c) of section 8416 or section 8417(b) which is required to be made within 2 years after the date of a prescribed event shall deposit into the Fund an amount determined by the Office (as nearly as may be administratively feasible) to reflect the amount by which the annuity of such individual would have been reduced if the election had been in effect since the date of retirement (or, if later, and in the case of an election under such section 8416(b), since the date the previous reduction in the annuity of such individual was terminated under paragraph (1) or (2) of section 8419(b)), plus interest.
(2) Interest under paragraph (1) shall be computed at the rate of 6 percent a year.
**(b)** The Office shall, by regulation, provide for payment of the deposit required under subsection (a) by a reduction in the annuity of the employee or Member. The reduction shall, to the extent practicable, be designed so that the present value of the future reduction is actuarially equivalent to the deposit required under subsection (a), except that the total reductions in the annuity of an employee or Member to pay deposits required by this section shall not exceed 25 percent of the annuity computed under section 8415 or section 8452, including adjustments under section 8462. The reduction required by this subsection, which shall be effective at the same time as the election under section 8416(b) and (c) or section 8417(b), shall be permanent and unaffected by any future termination of the marriage or the entitlement of the former spouse. Such reduction shall be independent of and in addition to the reduction required under section 8416(b) and (c) or section 8417(b).
**(c)** Subsections (a) and (b) shall not apply
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8418
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The total service of an employee or Member is the full years and twelfth parts thereof, excluding from the aggregate the fractional part of a month, if any.
(2) Credit may not be allowed for a period of separation from the service in excess of 3 calendar days.
**(b)** For the purpose of this chapter, creditable service of an employee or Member includes—
(1) employment as an employee, and any service as a Member (including the period from the date of the beginning of the term for which elected or appointed to the date of taking office as a Member), after December 31, 1986;
(2) except as provided in subsection (f), service with respect to which deductions and withholdings under section 204(a)(1) of the Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983 have been made;
(3) except as provided in subsection (f) or (h), any civilian service (performed before January 1, 1989, other than any service under paragraph (1) or (2)) which, but for the amendments made by subsections (a)(4) and (b) of section 202 of the Federal Employees’ Retirement System Act of 1986, would be creditable under subchapter III of chapter 83 of this title (determined without regard to any deposit or redeposit requirement under such subchapter, any requirement that the individual become subject to such subchapter after performing the service involved, or any requirement that the individual give notice in writing to the official by whom such individual is paid of such individual’s desire to become subject to such subchapter);
(4) a period of service (other than any service under any other paragraph of this subsection and other than any military service) that was creditable under the Foreign Service Pension System described in subchapter II of chapter 8 11 See Ref
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8411
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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
Page 366
TITLE 50—WAR AND NATIONAL DEFENSE
§ 2153
ployee is transferred to a supervisory or ad-
ministrative position related to the activities
of the former covered position of the em-
ployee.
(5) Opt out
An affected employee may file an election to
have any creditable service performed by the
affected employee treated in accordance with
chapter 84 of title 5 without regard to para-
graph (2).
(Pub. L. 88–643, title III, § 302, as added Pub. L.
102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat.
3244; amended Pub. L. 117–225, § 3(c), Dec. 9, 2022,
136 Stat. 2296.)
Editorial Notes
PRIOR PROVISIONS
A prior section 302 of Pub. L. 88–643, as added Pub. L.
99–335, title V, § 506, June 6, 1986, 100 Stat. 625, related
to special rules relating to employees designated under
criteria of former section 203 of Pub. L. 88–643 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.
AMENDMENTS
2022—Subsec. (d). Pub. L. 117–225 added subsec. (d).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2022 AMENDMENT
Amendment by Pub. L. 117–225 effective Dec. 9, 2022,
and applicable to an individual who suffers an illness or
injury described in certain Code provisions on or after
the date that is 2 years after Dec. 9, 2022, see section
3(f) of Pub. L. 117–225, set out as a note under section
8336 of Title 5, Government Organization and Employ-
ees.
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.
REGULATIONS
For provisions relating to promulgation of regula-
tions to carry out the amendments made by Pub. L.
117–225, see section 3(e
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 2154
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.