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

Page 330 TITLE 50—WAR AND NATIONAL DEFENSE § 2011 and a natural child, but does not include a stepchild. (Pub. L. 88–643, title I, § 102, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3198.) Editorial Notes PRIOR PROVISIONS A prior section 111 of Pub. L. 88–643, title I, Oct. 13, 1964, 78 Stat. 1043; Pub. L. 94–522, title I, § 101, Oct. 17, 1976, 90 Stat. 2467, provided definitions for 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. Statutory Notes and Related Subsidiaries 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. SUBCHAPTER II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM PART A—ESTABLISHMENT OF SYSTEM § 2011. CIARDS system (a) In general (1) Establishment of system There is a retirement and disability system for certain employees of the Central Intel- ligence Agency known as the Central Intel- ligence Agency Retirement and Disability System (hereinafter in this chapter referred to as the ‘‘system’’), originally established pursu- ant to title II of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees. (2) DCI regulations The Director shall prescribe regulations for the system. The Director shall submit any proposed regulations for the system to the congressional intelligence committees not less than 14 days before they take effect. (b) Administration of system The Director shall administer the system in accordance with regulations prescribed under this subchapter and with the principles estab- lished by this subchapter. (c) Finality of decisions of DCI In the interests of the security of the foreign intelligence activities of the United States and in order further to implement section 3024(i) of this title that the Director of National Intel- ligence shall be responsible for protecting intel- ligence sources and methods from unauthorized disclosure, and notwithstanding the provisions of chapter 7 of title 5 or any other provision of law (except section 2155(b) of this title), any de- termination by the Director authorized by this chapter shall be final and conclusive and shall not be subject to review by any court. (Pub. L. 88–643, title II, § 201, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3201; amended Pub. L. 103–178, title II, § 202(a)(2), Dec. 3, 1993, 107 Stat. 2026; Pub. L. 105–272, title IV, § 403(b), Oct. 20, 1998, 112 Stat. 2404; Pub. L. 108–458, title I, § 1072(c), Dec. 17, 2004, 118 Stat. 3693.) Editorial Notes REFERENCES IN TEXT The Central Intelligence Agency Retirement Act of 1964 for Certain Employees, referred to in subsec. (a)(1), is Pub. L. 88–643, Oct. 13, 1964, 78 Stat. 1043, which was formerly set out as a note under section 403 of this title. Pub. L. 88–643 was revised generally by Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3196, and is now known as the Central Intelligence Agency Re- tirement Act. As so revised, title II of Pub. L. 88–643 is classified generally to this subchapter. PRIOR PROVISIONS A prior section 201 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1043; Pub. L. 98–618, title III, § 302, Nov. 8, 1984, 98 Stat. 3300; Pub. L. 99–335, title V, § 501(1), June 6, 1986, 100 Stat. 622, related to rules and regulations 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 2004—Subsec. (c). Pub. L. 108–458 substituted ‘‘section 403–1(i) of this title that the Director of National Intel- ligence’’ for ‘‘paragraph (6) of section 403–3(c) of this title that the Director of Central Intelligence’’. 1998—Subsec. (c). Pub. L. 105–272 substituted ‘‘para- graph (6) of section 403–3(c) of this title’’ for ‘‘section 403–3(c)(5) of this title’’. 1993—Subsec. (c). Pub. L. 103–178 substituted ‘‘section 403–3(c)(5) of this title’’ for ‘‘the proviso of section 403(d)(3) of this title’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memo- randum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title. EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–178 effective Feb. 1, 1993, see section 202(b) of Pub. L. 103–178, set out as a note under section 2001 of this title. 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. § 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’’ (here- inafter 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. (Pub. L. 88–643, title II, § 202, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3201.) Page 331 TITLE 50—WAR AND NATIONAL DEFENSE § 2021 Editorial Notes REFERENCES IN TEXT The Central Intelligence Agency Retirement Act of 1964 for Certain Employees, referred to in text, is Pub. L. 88–643, Oct. 13, 1964, 78 Stat. 1043, which was formerly set out as a note under section 403 of this title. Pub. L. 88–643 was revised generally by Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3196, and is now known as the Central Intelligence Agency Retirement Act. As so revised, title II of Pub. L. 88–643 is classified gen- erally to this subchapter. PRIOR PROVISIONS A prior section 202 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1043, related to establishment and mainte- nance of the Central Intelligence Agency Retirement and Disability Fund 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 805 of Pub. L. 102–496, set out as a note under section 2001 of this title. § 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 des- ignated 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 ac- cept designation as a participant in the sys- tem shall remain a participant of the system for the duration of that individual’s employ- ment 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. (3) Election not subject to approval An election under this section is not subject to review or approval by the Director. (Pub. L. 88–643, title II, § 203, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3202; amended Pub. L. 113–126, title II, § 202(a), July 7, 2014, 128 Stat. 1394.) Editorial Notes PRIOR PROVISIONS A prior section 203 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1044; Pub. L. 102–88, title III, § 303, Aug. 14, 1991, 105 Stat. 431, related to participants in the system 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 2014—Subsec. (b). Pub. L. 113–126, § 202(a)(1), sub- stituted ‘‘service performed by an Agency employee’’ for ‘‘service in the Agency performed’’ in introductory provisions. Subsec. (b)(1). Pub. L. 113–126, § 202(a)(2), substituted ‘‘intelligence activities’’ for ‘‘Agency activities’’. Statutory Notes and Related Subsidiaries 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. APPLICATION OF 2014 AMENDMENT Pub. L. 113–126, title II, § 202(b), July 7, 2014, 128 Stat. 1394, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall be applied to retired or deceased officers of the Central Intelligence Agency who were designated at any time under section 203 of the Central Intelligence Agency Retirement Act (50 U.S.C. 2013) prior to the date of the enactment of this Act [July 7, 2014].’’ § 2014. Annuitants Persons who are annuitants under the system are— (1) those persons who, on the basis of their service in the Agency, have met all require- ments for an annuity under this subchapter or any other Act and are receiving an annuity from the fund; and (2) those persons who, on the basis of some- one else’s service, meet all the requirements under this subchapter or any other Act for an annuity payable from the fund. (Pub. L. 88–643, title II, § 204, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3202.) Editorial Notes PRIOR PROVISIONS A prior section 204 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1044; Pub. L. 91–626, § 1, Dec. 31, 1970, 84 Stat. 1872; Pub. L. 94–552, title II, § 201, Oct. 17, 1976, 90 Stat. 2468; Pub. L. 97–269, title VI, § 602, Sept. 27, 1982, 96 Stat. 1145; Pub. L. 99–335, title V, § 501(2), June 6, 1986, 100 Stat. 622; Pub. L. 102–88, title III, § 302, Aug. 14, 1991, 105 Stat. 431; Pub. L. 102–183, title III, §§ 302(c), 310(a), Dec. 4, 1991, 105 Stat. 1263, 1266, related to annuitants under the system and was set out as a note under sec- tion 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 805 of Pub. L. 102–496, set out as a note under section 2001 of this title. PART B—CONTRIBUTIONS § 2021. Contributions to fund (a) In general (1) Definition In this subsection, the term ‘‘revised annu- ity participant’’ means an individual who—