50 U.S.C. § 2071 — Lump-sum payments

Page 351 TITLE 50—WAR AND NATIONAL DEFENSE § 2071 ‘‘receiving compensation under the Senior Intelligence Service pay schedule at the rate’’. 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. § 2056. Eligibility for annuity (a) One-out-of-two requirement A participant must complete, within the last two years before any separation from service (except a separation because of death or dis- ability) at least one year of creditable civilian service during which the participant is subject to this subchapter and in a pay status before the participant or the participant’s survivors are el- igible for an annuity under this subchapter based on that separation. (b) Refund of contributions for time not allowed for credit If a participant (other than a participant sepa- rated from the service because of death or dis- ability) fails to meet the service and pay status requirement of subsection (a), any amounts de- ducted from the participant’s pay during the pe- riod for which no eligibility is established based on the separation shall be returned to the par- ticipant on the separation. (c) Exception Failure to meet the service and pay status re- quirement of subsection (a) shall not deprive the participant or the participant’s survivors of any annuity to which they may be entitled under this subchapter based on a previous separation. (Pub. L. 88–643, title II, § 236, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3226.) Editorial Notes PRIOR PROVISIONS A prior section 236 of Pub. L. 88–643, as added Pub. L. 101–193, title III, § 302(2), Nov. 30, 1989, 103 Stat. 1703, re- lated to eligibility for annuity 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. A prior section 237 of Pub. L. 88–643, title II, formerly § 236, Oct. 13, 1964, 78 Stat. 1049; Pub. L. 91–626, § 4, Dec. 31, 1970, 84 Stat. 1873; Pub. L. 93–31, May 8, 1973, 87 Stat. 65; Pub. L. 99–335, title V, § 501(2), June 6, 1986, 100 Stat. 622, renumbered § 237, Pub. L. 101–193, title III, § 302(1), Nov. 30, 1989, 103 Stat. 1703, related to limitation on number of retirements 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. PART E—LUMP-SUM PAYMENTS § 2071. Lump-sum payments (a) Entitlement to lump-sum credit Subject to section 2082(d) of this title and sub- section (b) of this section, a participant who— (1) is separated from the Agency for at least 31 consecutive days and is not transferred to employment covered by another retirement system for Government employees; (2) files an application with the Director for payment of the lump-sum credit; (3) is not reemployed in a position in which the participant is subject to this subchapter at the time the participant files the application; and (4) will not become eligible to receive an an- nuity under this subchapter within 31 days after filing the application, is entitled to be paid the lump-sum credit. Re- ceipt of the payment of the lump-sum credit by the former participant voids all annuity rights under this subchapter based on the service on which the lump-sum credit is based, until the former participant is reemployed in service sub- ject to this subchapter. (b) Conditions for payment of lump-sum credit (1) In general Whenever a former participant becomes en- titled to receive payment of the lump-sum credit under subsection (a), such lump-sum credit shall be paid to the former participant and to any former spouse or former wife or husband of the former participant in accord- ance with paragraphs (2) through (4). The former participant’s lump-sum credit shall be reduced by the amount of the lump-sum credit payable to any former spouse or former wife or husband. (2) Pro rata share for former spouse Unless otherwise expressly provided by any spousal agreement or court order under sec- tion 2094(b) of this title, a former spouse of the former participant shall be entitled to receive a share of such participant’s lump-sum cred- it— (A) if married to the participant through- out the period of creditable service of the participant, equal to 50 percent of such lump-sum credit; or (B) if not married to the participant throughout such creditable service, equal to a proportion of 50 percent of such lump-sum credit which is the proportion that the num- ber of days of the marriage of the former spouse to the participant during periods of creditable service of such participant bears to the total number of days of such cred- itable service. (3) Share for former wife or husband Payment of the former participant’s lump- sum credit shall be subject to the terms of a court order under section 2094(c) of this title concerning any former wife or husband of the former participant if— (A) the court order expressly relates to any portion of such lump-sum credit; and (B) payment of the lump-sum credit would extinguish entitlement of such former wife or husband to a survivor annuity under sec- tion 2036 of this title or to any portion of the participant’s annuity under section 2094(c) of this title. (4) Notification A lump-sum credit may be paid to or for the benefit of a former participant— Page 352 TITLE 50—WAR AND NATIONAL DEFENSE § 2071 1 So in original. The words ‘‘of this section 2121(d)’’ probably should be ‘‘of this section or by section 2121(d)’’. (A) only upon written notification to (i) the current spouse, if any, (ii) any former spouse, and (iii) any former wife or husband who has a court order covered by paragraph (3); and (B) only if the express written concurrence of the current spouse has been received by the Director. This paragraph may be waived under cir- cumstances described in section 2031(b)(1)(D) of this title. (c) Order of precedence of payment A lump-sum payment authorized by sub- section (d) or (e) of this section 2121(d) 1 of this title and a payment of any accrued and unpaid annuity authorized by subsection (f) of this sec- tion shall be paid in the following order of prece- dence to individuals surviving the participant and alive on the date entitlement to the pay- ment arises, upon establishment of a valid claim therefor, and such payment bars recovery by any other individual: (1) To the beneficiary or beneficiaries des- ignated by such participant in a signed and witnessed writing received by the Director be- fore the participant’s death. For this purpose, a designation, change, or cancellation of bene- ficiary in a will or other document not so exe- cuted and filed with the Director shall have no force or effect. (2) If there is no designated beneficiary, to the surviving wife or husband of such partici- pant. (3) If none of the above, to the child or chil- dren of such participant and descendent of de- ceased children by representation. (4) If none of the above, to the parents of such participant or the survivor of them. (5) If none of the above, to the duly ap- pointed executor or administrator of the es- tate of such participant. (6) If none of the above, to such other next of kin of such participant as the Director de- termines to be legally entitled to such pay- ment. (d) Death of former participant before retire- ment (1) In general Except as provided in paragraph (2), if a former participant eligible for a deferred an- nuity under section 2054 of this title dies be- fore reaching age 62, such former participant’s lump-sum credit shall be paid in accordance with subsection (c). (2) Limitation In any case where there is a surviving former spouse or surviving former wife or hus- band of such participant who is entitled to a share of such participant’s lump-sum credit under paragraphs (2) and (3) of subsection (b), the lump-sum credit payable under paragraph (1) shall be reduced by the lump-sum credit payable to such former spouse or former wife or husband. (e) Termination of all annuity rights If all annuity rights under this subchapter based on the service of a deceased participant or annuitant terminate before the total annuity paid equals the lump-sum credit, the difference shall be paid in accordance with subsection (c). (f) Payment of accrued and unpaid annuity when retired participant dies If a retired participant dies, any annuity ac- crued and unpaid shall be paid in accordance with subsection (c). (g) Termination of survivor annuity An annuity accrued and unpaid on the termi- nation, except by death, of the annuity of a sur- vivor annuitant shall be paid to that individual. An annuity accrued and unpaid on the death of a survivor annuitant shall be paid in the fol- lowing order of precedence, and the payment bars recovery by any other individual: (1) To the duly appointed executor or admin- istrator of the estate of the survivor annu- itant. (2) If there is no executor or administrator, to such next of kin of the survivor annuitant as the Director determines to be legally enti- tled to such payment, except that no payment shall be made under this paragraph until after the expiration of 30 days from the date of death of the survivor annuitant. (Pub. L. 88–643, title II, § 241, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3226; amended Pub. L. 103–178, title II, § 202(a)(11), Dec. 3, 1993, 107 Stat. 2026.) Editorial Notes PRIOR PROVISIONS A prior section 241 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1049; Pub. L. 94–522, title II, § 209, Oct. 17, 1976, 90 Stat. 2471; Ex. Ord. No. 12443, § 5, Sept. 27, 1983, 48 F.R. 44752; Pub. L. 99–335, title V, § 501(2), June 6, 1986, 100 Stat. 622, related to disposition of contributions and interest in excess of benefits received and was set out as a note under section 403 of this title prior to the gen- eral amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496. AMENDMENTS 1993—Subsec. (c). Pub. L. 103–178, § 202(a)(11)(A), sub- stituted ‘‘A lump-sum payment authorized by sub- section (d) or (e) of this section 2121(d) of this title and a payment of any accrued and unpaid annuity author- ized by subsection (f) of this section’’ for ‘‘A lump-sum benefit that would have been payable to a participant, former participant, or annuitant, or to a survivor annu- itant, authorized by subsection (d) or (e) of this section or by section 2054(b) or 2121(d) of this title’’. Subsecs. (f), (g). Pub. L. 103–178, § 202(a)(11)(B), added subsec. (f) and redesignated former subsec. (f) as (g). 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. Page 353 TITLE 50—WAR AND NATIONAL DEFENSE § 2082 1 See Change of Name note below. PART F—PERIOD OF SERVICE FOR ANNUITIES § 2081. Computation of length of service (a) In general (1) Crediting service as participant For the purposes of this subchapter, the pe- riod of service of a participant shall be com- puted from the date on which the participant becomes a participant under this subchapter. (2) Exclusion of certain periods In computing the period of service of a par- ticipant, all periods of separation from the Agency and so much of any leave of absence without pay as may exceed six months in the aggregate in any calendar year shall be ex- cluded, except leaves of absence while receiv- ing benefits under chapter 81 of title 5 and leaves of absence granted participants while performing active and honorable service in the Armed Forces. (3) Crediting certain periods of separation A participant or former participant who re- turns to Government duty after a period of separation shall have included in the partici- pant or former participant’s period of service that part of the period of separation in which the participant or former participant was re- ceiving benefits under chapter 81 of title 5. (b) Extra credit for periods served at unhealthful posts overseas (1) Classification of certain posts as unhealthful The Director may from time to time estab- lish a list of places outside the United States that, by reason of climatic or other extreme conditions, are to be classed as unhealthful posts. Such list shall be established in con- sultation with the Secretary of State. (2) Extra credit Each year of duty at a post on the list estab- lished under paragraph (1), inclusive of regular leaves of absence, shall be counted as one and a half years in computing the length of service of a participant under this subchapter for the purpose of retirement. In computing such service, any fractional month shall be treated as a full month. (3) Coordination with benefits under title 5 Extra credit for service at an unhealthful post may not be credited to a participant who is paid a differential under section 5925 or 5928 of title 5 for the same service. (Pub. L. 88–643, title II, § 251, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3228.) Editorial Notes PRIOR PROVISIONS A prior section 251 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1050; Pub. L. 94–522, title II, § 210, Oct. 17, 1976, 90 Stat. 2471; Pub. L. 99–169, title VII, § 702, Dec. 4, 1985, 99 Stat. 1008; Pub. L. 99–335, title V, § 501(2), June 6, 1986, 100 Stat. 622, related to computation of length of service 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. § 2082. Prior service credit (a) In general A participant may, subject to the provisions of this section, include in the participant’s period of service— (1) civilian service in the Government before becoming a participant that would be cred- itable toward retirement under subchapter III of chapter 83 of title 5 (as determined under section 8332(b) of such title); and (2) honorable active service in the Armed Forces before the date of the separation upon which eligibility for an annuity is based, or honorable active service in the Regular or Re- serve Corps 1 of the Public Health Service after June 30, 1960, or as a commissioned officer of the National Oceanic and Atmospheric Admin- istration after June 30, 1961. (b) Limitations (1) In general Except as provided in paragraphs (2) and (3), the total service of any participant shall ex- clude— (A) any period of civilian service on or after October 1, 1982, for which retirement deductions or deposits have not been made, (B) any period of service for which a refund of contributions has been made, or (C) any period of service for which con- tributions were not transferred pursuant to subsection (c)(1); unless the participant makes a deposit to the fund in an amount equal to the percentages of basic pay received for such service as specified in the table contained in section 8334(c) of title 5, together with interest computed in ac- cordance with section 8334(e) of such title. The deposit may be made in one or more install- ments (including by allotment from pay), as determined by the Director. (2) Effect of retirement deductions not made If a participant has not paid a deposit for ci- vilian service performed before October 1, 1982, for which retirement deductions were not made, such participant’s annuity shall be re- duced by 10 percent of the deposit described in paragraph (1) remaining unpaid, unless the participant elects to eliminate the service in- volved for the purpose of the annuity com- putation. (3) Effect of refund of retirement contributions A participant who received a refund of re- tirement contributions under this or any other retirement system for Government employees covering service for which the participant may be allowed credit under this subchapter may deposit the amount received, with interest computed under paragraph (1). Credit may not be allowed for the service covered by the re-