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50 U.S.C. § 2152 — Special rules relating to section 2013 criteria employees

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

50 U.S.C. § 2152 — Special rules relating to section 2013 criteria employees

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Stable record: federal_law:legal_authorities:record_usc_db79ecf3dc99ad21892ddf7d
Source file: Laws/federal/codes/united-states-code/title-50/section-2152-special-rules-relating-to-section-2013-criteria-employees--8f01be080d.md
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Source location: Title 50, Chapter 38, § 2152; chapter-038-central-intelligence-agency-retirement-and-disability.md

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**(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 service in a position designated under subsection (a); (ii) while on duty in the position designated under subsection (a), becomes ill or is injured as a direct result of the performance of such duties before the date on which the employee becomes entitled to an annuity under [section 2053 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2053&num=0&edition=prelim) or [section 8412(d)(1) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8412/d/1&num=0&edition=prelim); (iii) because of the illness or injury described in clause (ii), is permanently unable to render useful and efficient service in the employee’s covered position, as determined by the Director; and (iv) is appointed to a position in the civil service that is not a covered position but is within the Agency; and (B) the term “covered position” means a position as— (i) a law enforcement officer described in section 8331(20) or 8401(17) of title 5; (ii) a customs and border protection officer described in section 8331(31) or 8401(36) of title 5; (iii) a firefighter described in section 8331(21) or 8401(14) of title 5; (iv) an air traffic controller described in section 8331(30) or 8401(35) of title 5; (v) a nuclear materials courier described in section 8331(27) or 8401(33) of title 5; (vi) a member of the United States Capitol Police; (vii) a member of the Supreme Court Police; (viii) an affected employee; or (ix) a special agent described in [section 4044(15) of title 22](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4044/15&num=0&edition=prelim). (2) **Treatment of service after disability** — Unless an affected employee files an election described in paragraph (3), creditable service by the affected employee in a position described in paragraph (1)(A)(iv) shall be treated as creditable service in a covered position for purposes of this chapter and chapter 84 of title 5, including eligibility for an annuity under [section 2053 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2053&num=0&edition=prelim) or 8412(d)(1) of title 5 and determining the amount to be deducted and withheld from the pay of the affected employee under [section 8422 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8422&num=0&edition=prelim). (3) **Break in service** — Paragraph (2) shall only apply if the affected employee transitions to a position described in paragraph (1)(A)(iv) without a break in service exceeding 3 days. (4) **Limitation on treatment of service** — The service of an affected employee shall no longer be eligible for treatment under paragraph (2) if such service occurs after the employee is transferred to a supervisory or administrative position related to the activities of the former covered position of the employee. (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 paragraph (2).

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

50 U.S.C. § 2111 — Recall

**(a) Authority to recall** The Director may, with the consent of a retired participant, recall that participant to service in the Agency whenever the Director determines that such recall is in the public interest. **(b) Pay of retired participant while serving** A retired participant recalled to duty in the Agency under subsection (a) or reinstated or reappointed in accordance with [section 2051(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2051/c&num=0&edition=prelim) shall, while so serving, be entitled, in lieu of the retired participant’s annuity, to the full basic pay of the grade in which the retired participant is serving. During such service, the retired participant shall make contributions to the fund in accordance with [section 2021 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2021&num=0&edition=prelim). **(c) Recomputation of annuity** When the retired participant reverts to retired status, the annuity of the retired participant shall be redetermined in accordance with [section 2031 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2031&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 2111

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

5 U.S.C. § 8422 — Deductions from pay; contributions for other service; deposits

**(a)** (1) The employing agency shall deduct and withhold from basic pay of each employee and Member a percentage of basic pay determined in accordance with paragraph (2). (2) The percentage to be deducted and withheld from basic pay for any pay period shall be equal to— (A) the applicable percentage under paragraph (3), minus (B) the percentage then in effect under section 3101(a) of the Internal Revenue Code of 1986 (relating to rate of tax for old-age, survivors, and disability insurance). (3) (A) The applicable percentage under this paragraph for civilian service by employees or Members other than revised annuity employees or further revised annuity employees shall be as follows: Employee7January 1, 1987, to December 31, 1998. 7.25January 1, 1999, to December 31, 1999. 7.4January 1, 2000, to December 31, 2000. 7After December 31, 2000. Congressional employee7.5January 1, 1987, to December 31, 1998. 7.75January 1, 1999, to December 31, 1999. 7.9January 1, 2000, to December 31, 2000. 7.5After December 31, 2000. Member7.5January 1, 1987, to December 31, 1998. 7.75January 1, 1999, to December 31, 1999. 7.9January 1, 2000, to December 31, 2000. 8January 1, 2001, to December 31, 2002. 7.5After December 31, 2002. Law enforcement officer, firefighter, member of the Capitol Police, member of the Supreme Court Police, or air traffic controller7.5 7.75 7.9 7.5January 1, 1987, to December 31, 1998.January 1, 1999, to December 31, 1999.January 1, 2000, to December 31, 2000.After December 31, 2000. Nuclear materials courier7January 1, 1987, to October 16, 1998. 7.5October 17, 1998, to December 31, 1998. 7.75January 1, 1999, to December 31, 1999. 7.9January 1, 2000, to December 31, 2000. 7.5After December 31, 2000. Customs and border protection officer7.5After June 29

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8422

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

50 U.S.C. § 2053 — Voluntary retirement

**(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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 2053

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

5 U.S.C. § 8336 — Immediate retirement

**(a)** An employee who is separated from the service after becoming 55 years of age and completing 30 years of service is entitled to an annuity. **(b)** An employee who is separated from the service after becoming 60 years of age and completing 20 years of service is entitled to an annuity. **(c)** (1) An employee who is separated from the service after becoming 50 years of age and completing 20 years of service as a law enforcement officer, firefighter, nuclear materials courier, or customs and border protection officer, or any combination of such service totaling at least 20 years, is entitled to an annuity. (2) An employee is entitled to an annuity if the employee— (A) was a law enforcement officer or firefighter employed by the Panama Canal Company or the Canal Zone Government at any time during the period beginning March 31, 1979, and ending September 30, 1979; and (B) is separated from the service before January 1, 2000, after becoming 48 years of age and completing 18 years of service as a law enforcement officer or firefighter, or any combination of such service totaling at least 18 years. (3) (A) In this paragraph— (i) the term “affected individual” means an individual covered under this subchapter who— (I) is performing service in a covered position; (II) while on duty, becomes ill or is injured as a direct result of the performance of such duties before the date on which the individual becomes entitled to an annuity under paragraph (1) of this subsection or subsection (e), (m), or (n), as applicable; (III) because of the illness or injury described in subclause (II), is permanently unable to render useful and efficient service in the employee’s covered position, as determined by the agency in which the individual was

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8336

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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

5 U.S.C. § 101 — Executive departments

The Executive departments are:

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 101

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

50 U.S.C. § 2152 — Special rules relating to section 2013 cri-

Page 365 TITLE 50—WAR AND NATIONAL DEFENSE § 2152 (1) shall not be effective unless it is made during the six-month period beginning on the date on which the employee is so designated; (2) shall take effect beginning with the first pay period beginning after the date of the elec- tion; and (3) shall be irrevocable. (e) Special rules The application of the provisions of chapter 84 of title 5 to an employee referred to in sub- section (a) shall be subject to the exceptions and special rules provided in this subchapter. Any provision of that chapter which is inconsistent with a special rule provided in this subchapter shall not apply to such employees. (Pub. L. 88–643, title III, § 301, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3243.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in subsecs. (a) and (b), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. PRIOR PROVISIONS A prior section 301 of Pub. L. 88–643, as added Pub. L. 99–335, title V, § 506, June 6, 1986, 100 Stat. 624; amended Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100–453, title V, § 502, Sept. 29, 1988, 102 Stat. 1909, re- lated to application of Federal Employees’ Retirement System to Agency employees 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. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on first day of fourth month begin- ning after Oct. 24, 1992, see section 8

Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 2152

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