50 U.S.C. § 2021 — Contributions to fund

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— Page 332 TITLE 50—WAR AND NATIONAL DEFENSE § 2021 (A) on December 31, 2012— (i) is not a participant; (ii) is not performing qualifying service; and (iii) has less than 5 years of qualifying service; and (B) after December 31, 2012, becomes a par- ticipant performing qualifying service. (2) Contributions (A) In general Except as provided in subsection (d), 7 per- cent of the basic pay received by a partici- pant other than a revised annuity partici- pant for any pay period shall be deducted and withheld from the pay of that partici- pant and contributed to the fund. (B) Revised annuity participants Except as provided in subsection (d), 9.3 percent of the basic pay received by a re- vised annuity participant for any pay period shall be deducted and withheld from the pay of that revised annuity participant and con- tributed to the fund. (3) Agency contributions (A) In general An amount equal to 7 percent of the basic pay received by a participant other than a revised annuity participant shall be contrib- uted to the fund for a pay period for the par- ticipant from the appropriation or fund which is used for payment of the partici- pant’s basic pay. (B) Revised annuity participants An amount equal to 4.7 percent of the basic pay received by a revised annuity par- ticipant shall be contributed to the fund for a pay period for the revised annuity partici- pant from the appropriation or fund which is used for payment of the revised annuity par- ticipant’s basic pay. (4) Deposits to the fund The amounts deducted and withheld from basic pay, together with the amounts so con- tributed from the appropriation or fund, shall be deposited by the Director to the credit of the fund. (b) Consent of participant to deductions from pay Each participant shall be deemed to consent and agree to such deductions from basic pay, and payment less such deductions shall be a full and complete discharge and acquittance of all claims and demands whatsoever for all regular services during the period covered by such pay- ment, except the right to the benefits to which the participant is entitled under this sub- chapter, notwithstanding any law, rule, or regu- lation affecting the individual’s pay. (c) Treatment of contributions after 35 years of service (1) Accrual of interest Amounts deducted and withheld from the basic pay of a participant under this section for pay periods after the first day of the first pay period beginning after the day on which the participant completes 35 years of cred- itable service computed under sections 2081 and 2082 of this title (excluding service credit for unused sick leave under section 2031(a)(2) of this title) shall accrue interest. Such inter- est shall accrue at the rate of 3 percent a year through December 31, 1984, and thereafter at the rate computed under section 8334(e) of title 5, and shall be compounded annually from the date on which the amount is so de- ducted and withheld until the date of the par- ticipant’s retirement or death. (2) Use of amounts withheld after 35 years of service (A) Use for deposits due under section 2082(b) Amounts described in paragraph (1), in- cluding interest accrued on such amounts, shall be applied upon the participant’s re- tirement or death toward any deposit due under section 2082(b) of this title. (B) Lump-sum payment Any balance of such amounts not so re- quired for such a deposit shall be refunded to the participant in a lump sum after the par- ticipant’s separation (or, in the event of a death in service, to a beneficiary in order of precedence specified in section 2071(c) of this title), subject to prior notification of a cur- rent spouse, if any, unless the participant es- tablishes to the satisfaction of the Director, in accordance with regulations which the Di- rector may prescribe, that the participant does not know, and has taken all reasonable steps to determine, the whereabouts of the current spouse. (C) Purchases of additional elective benefits In lieu of such a lump-sum payment, the participant may use such amounts— (i) to purchase an additional annuity in accordance with section 2121 of this title; or (ii) provide any additional survivor ben- efit for a current or former spouse or spouses. (d) Offset for social security taxes (1) Persons covered In the case of a participant who was a par- ticipant subject to this subchapter before Jan- uary 1, 1984, and whose service— (A) is employment for the purposes of title II of the Social Security Act [42 U.S.C. 401 et seq.] and chapter 21 of title 26, and (B) is not creditable service for any pur- pose under subchapter III of this chapter or chapter 84 of title 5, there shall be deducted and withheld from the basic pay of the participant under this section during any pay period only the amount com- puted under paragraph (2). (2) Reduction in contribution The amount deducted and withheld from the basic pay of a participant during any pay pe- riod pursuant to paragraph (1) shall be the ex- cess of— (A) the amount determined by multiplying the percent applicable to the participant Page 333 TITLE 50—WAR AND NATIONAL DEFENSE § 2031 under subsection (a) by the basic pay pay- able to the participant for that pay period, over (B) the amount of the taxes deducted and withheld from such basic pay under section 3101(a) of title 26 (relating to old-age, sur- vivors, and disability insurance) for that pay period. (Pub. L. 88–643, title II, § 211, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3202; amended Pub. L. 103–178, title II, § 202(a)(3), Dec. 3, 1993, 107 Stat. 2026; Pub. L. 112–96, title V, § 5003, Feb. 22, 2012, 126 Stat. 200; Pub. L. 118–31, div. G, title IX, § 7901(d)(1), Dec. 22, 2023, 137 Stat. 1106.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in subsec. (d)(1)(A), 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 211 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1045; Pub. L. 91–185, § 1, Dec. 30, 1969, 83 Stat. 847; Pub. L. 97–269, title VI, § 611, Sept. 27, 1982, 96 Stat. 1153; Pub. L. 99–335, title V, §§ 501(2), 502, June 6, 1986, 100 Stat. 622, 623; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, related to compulsory contributions to the 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. AMENDMENTS 2023—Subsec. (c)(2)(B). Pub. L. 118–31 substituted ‘‘section 2071(c)’’ for ‘‘subsection 2071(c)’’. 2012—Subsec. (a). Pub. L. 112–96 added pars. (1) to (3), redesignated former par. (3) as (4), and struck out former pars. (1) and (2) which related to participant’s contributions and agency contributions, respectively. 1993—Subsec. (c)(2)(B). Pub. L. 103–178 substituted ‘‘prior notification of a current spouse, if any, unless the participant establishes to the satisfaction of the Director, in accordance with regulations which the Di- rector may prescribe, that the participant does not know, and has taken all reasonable steps to determine, the whereabouts of the current spouse’’ for ‘‘the re- quirement under section 2071(b)(4) of this title’’. Statutory Notes and Related Subsidiaries 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. TEMPORARY ADJUSTMENT OF CONTRIBUTION LEVELS Pub. L. 106–346, § 101(a) [title V, § 505(g)], Oct. 23, 2000, 114 Stat. 1356, 1356A–54, provided that: ‘‘Notwith- standing [former] section 211(a)(2) of the Central Intel- ligence Agency Retirement Act (50 U.S.C. 2021(a)(2)), during the period beginning on October 1, 2002, through December 31, 2002, the Central Intelligence Agency shall contribute 7.5 percent of the basic pay of an em- ployee participating in the Central Intelligence Agency Retirement and Disability System in lieu of the agency contribution otherwise required under section 211(a)(2) of such Act.’’ Pub. L. 105–33, title VII, § 7001(c)(1), (2), Aug. 5, 1997, 111 Stat. 658, as amended by Pub. L. 106–346, § 101(a) [title V, § 505(c)(1)], Oct. 23, 2000, 114 Stat. 1356, 1356A–53, provided that: ‘‘(1) AGENCY CONTRIBUTIONS.—Notwithstanding [former] section 211(a)(2) of the Central Intelligence Agency Retirement Act (50 U.S.C. 2021(a)(2)), during the period beginning on October 1, 1997, through September 30, 2002, the Central Intelligence Agency shall con- tribute 8.51 percent of the basic pay of an employee par- ticipating in the Central Intelligence Agency Retire- ment and Disability System in lieu of the agency con- tribution otherwise required under section 211(a)(2) of such Act. ‘‘(2) INDIVIDUAL DEDUCTIONS, WITHHOLDINGS, AND DE- POSITS.—Notwithstanding [former] section 211(a)(1) of the Central Intelligence Agency Retirement Act (50 U.S.C. 2021(a)(1)) beginning on January 1, 1999, through December 31, 2000, the percentage deducted and with- held from the basic pay of an employee participating in the Central Intelligence Agency Retirement and Dis- ability System shall be as follows: 7.25 ........ January 1, 1999, to Decem- ber 31, 1999. 7.4 .......... January 1, 2000, to Decem- ber 31, 2000.’’ PART C—COMPUTATION OF ANNUITIES § 2031. Computation of annuities (a) Annuity of participant (1) Computation of annuity The annuity of a participant is the product of— (A) the participant’s high-3 average pay (as defined in paragraph (4)); and (B) the number of years, not exceeding 35, of service credit (determined in accordance with sections 2081 and 2082 of this title) mul- tiplied by 2 percent. (2) Credit for unused sick leave The total service of a participant who re- tires on an immediate annuity (except under section 2051 of this title) or who dies leaving a survivor or survivors entitled to an annuity shall include (without regard to the 35-year limitation prescribed in paragraph (1)) the days of unused sick leave to the credit of the participant. Days of unused sick leave may not be counted in determining average basic pay or eligibility for an annuity under this subchapter. A deposit shall not be required for days of unused sick leave credited under this paragraph. (3) Crediting of part-time service (A) In general In the case of a participant whose service includes service on a part-time basis per- formed after April 6, 1986, the participant’s annuity shall be the sum of the amounts de- termined under subparagraphs (B) and (C). (B) Computation of pre-April 7, 1986, annuity The portion of an annuity referred to in subparagraph (A) with respect to service be- fore April 7, 1986, shall be the amount com- puted under paragraph (1) using the partici- pant’s length of service before that date (in- creased by the unused sick leave to the cred- it of the participant at the time of retire-