50 U.S.C. § 2002 — Definitions relating to participants and

Page 328 TITLE 50—WAR AND NATIONAL DEFENSE § 2002 TEMPORARY RETIREMENT CONTRIBUTIONS AND PROCEDURES FOR CERTAIN PARTICIPANTS For temporary provisions providing modified con- tributions and procedures for officers and employees participating in the Central Intelligence Agency Re- tirement and Disability System who are also required to pay employment taxes relating to benefits under title II of the Social Security Act, 42 U.S.C. 401 et seq., until they are covered by a new Government retire- ment system or Jan. 1, 1986, whichever is earlier, see title II of Pub. L. 98–168, set out as a note under section 8331 of Title 5, Government Organization and Employ- ees. CONTINGENT ONCE-A-YEAR ADJUSTMENT IN ANNUITIES For provisions which directed the President, subject to certain conditions, to provide for a single cost-of-liv- ing adjustment in the annuities paid under the Central Intelligence Agency Retirement Act of 1964 for Certain Employees [Pub. L. 88–643] during the period Sept. 1, 1980, to Aug. 31, 1981, and which further directed that, subject to the enactment of specified legislation pro- viding for the adjustment of annuities paid under sec- tion 8331 et seq. of Title 5, Government Organization and Employees, the President exercise the authority vested in him under section 292 of the Central Intel- ligence Agency Retirement Act of 1964 for Certain Em- ployees [Pub. L. 88–643] to provide for cost-of-living ad- justments in the annuities paid under that Act on an identical basis, see Pub. L. 96–342, title VIII, § 812(a)(3), (4), (b)(3), (4), (c), Sept. 8, 1980, 94 Stat. 1098, set out as a note under section 1401a of Title 10, Armed Forces. Executive Documents EXECUTIVE ORDER NO. 11950 Ex. Ord. No. 11950, Jan. 6, 1977, 42 F.R. 1451, conformed Central Intelligence Agency and Civil Service Retire- ment and Disability Systems with respect to cost of living increases in annuities when there were increases in the price index. EXECUTIVE ORDER NO. 12023 Ex. Ord. No. 12023, Dec. 1, 1977, 42 F.R. 61443, con- formed Central Intelligence Agency and Civil Service Retirement and Disability Systems with regard to al- lotments or assignments of moneys by annuitants. EXECUTIVE ORDER NO. 12197 Ex. Ord. No. 12197, Mar. 5, 1980, 45 F.R. 14833, con- formed Central Intelligence Agency Retirement and Disability System to amendments to Civil Service Re- tirement and Disability System with regard to restora- tion of previously reduced annuities. EXECUTIVE ORDER NO. 12253 Ex. Ord. No. 12253, Nov. 25, 1980, 45 F.R. 78995, con- formed Central Intelligence Agency and Civil Service Retirement and Disability Systems with regard to defi- nition of ‘‘dependent’’. EXECUTIVE ORDER NO. 12273 Ex. Ord. No. 12273, Jan. 16, 1981, 46 F.R. 5854, con- formed Central Intelligence Agency and Civil Service Retirement and Disability Systems with regard to cost- of-living increases to annuities. EXECUTIVE ORDER NO. 12326 Ex. Ord. No. 12326, Sept. 30, 1981, 46 F.R. 48889, as amended by Ex. Ord. No. 12443, Sept. 27, 1983, 48 F.R. 44751, conformed Central Intelligence Agency and Civil Service Retirement and Disability Systems with regard to notification of loss or reduction of survivor benefits, computation of annuities, cost-of-living increases, ac- curacy of information, and withholding of State in- come tax. EXECUTIVE ORDER NO. 12443 Ex. Ord. No. 12443, Sept. 27, 1983, 48 F.R. 44751, con- formed Central Intelligence Agency and Civil Service Retirement and Disability Systems with regard to res- toration of disability retirement annuities, entitlement to and computation and payment of annuities, accu- racy of information, and adjustments in amounts. EXECUTIVE ORDER NO. 12485 Ex. Ord. No. 12485, July 13, 1984, 49 F.R. 28827, con- formed Central Intelligence Agency Retirement and Disability System and Civil Service Retirement and Disability System with regard to prior service credit. EXECUTIVE ORDER NO. 12684 Ex. Ord. No. 12684, July 27, 1989, 54 F.R. 31643, con- formed Central Intelligence Agency and Civil Service Retirement and Disability Systems with regard to con- sidering part-time service in computing annuities and remarriage of surviving spouses. § 2002. Definitions relating to participants and annuitants (a) General definitions When used in subchapter II: (1) Former participant The term ‘‘former participant’’ means a per- son who— (A) while an employee of the Agency was a participant in the system; and (B) separates from the Agency without en- titlement to immediate receipt of an annu- ity from the fund. (2) Retired participant The term ‘‘retired participant’’ means a per- son who— (A) while an employee of the Agency was a participant in the system; and (B) is entitled to receive an annuity from the fund based upon such person’s service as a participant. (3) Surviving spouse (A) In general The term ‘‘surviving spouse’’ means the surviving wife or husband of a participant or retired participant who (i) was married to the participant or retired participant for at least 9 months immediately preceding the participant’s or retired participant’s death, or (ii) who is the parent of a child born of the marriage. (B) Treatment when participant dies less than 9 months after marriage In a case in which the participant or re- tired participant dies within the 9-month pe- riod beginning on the date of the marriage, the requirement under subparagraph (A)(i) that a marriage have a duration of at least 9 months immediately preceding the death of the participant or retired participant shall be treated as having been met if— (i) the death of the participant or retired participant was accidental; or (ii) the surviving wife or husband had been previously married to the participant or retired participant (and subsequently divorced) and the aggregate time married is at least 9 months. (4) Former spouse The term ‘‘former spouse’’ means a former wife or husband of a participant, former par- ticipant, or retired participant as follows: Page 329 TITLE 50—WAR AND NATIONAL DEFENSE § 2002 (A) Divorces on or before December 4, 1991 In the case of a divorce that became final on or before December 4, 1991, such term means a former wife or husband of a partici- pant, former participant, or retired partici- pant who was married to such participant for not less than 10 years during periods of the participant’s creditable service, at least 5 years of which were spent outside the United States by both such participant and former wife or husband during the partici- pant’s service as an employee of the Agency. (B) Divorces after December 4, 1991 In the case of a divorce that becomes final after December 4, 1991, such term means a former wife or husband of a participant, former participant, or retired participant who was married to such participant for not less than 10 years during periods of the par- ticipant’s creditable service, at least 5 years of which were spent by the participant dur- ing the participant’s service as an employee of the Agency (i) outside the United States, or (ii) otherwise in a position the duties of which qualified the participant for designa- tion by the Director as a participant under section 2013 of this title. (C) Creditable service For purposes of subparagraphs (A) and (B), the term ‘‘creditable service’’ means all peri- ods of a participant’s service that are cred- itable under sections 2081, 2082, and 2083 of this title. (5) Previous spouse The term ‘‘previous spouse’’ means an indi- vidual who was married for at least 9 months to a participant, former participant, or retired participant who had at least 18 months of serv- ice which are creditable under sections 2081, 2082, and 2083 of this title. (6) Spousal agreement The term ‘‘spousal agreement’’ means an agreement between a participant, former par- ticipant, or retired participant and the partic- ipant, former participant, or retired partici- pant’s spouse or 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 Direc- tor. (7) Court order The term ‘‘court order’’ means— (A) a court decree of divorce, annulment, or legal separation; or (B) a court order or court-approved prop- erty settlement agreement incident to such court decree of divorce, annulment, or legal separation. (8) Court The term ‘‘court’’ means a court of a State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin Islands, and any Indian court. (b) ‘‘Child’’ defined For purposes of sections 2031 and 2052 of this title: (1) In general The term ‘‘child’’ means any of the fol- lowing: (A) Minor children An unmarried dependent child under 18 years of age, including— (i) an adopted child; (ii) a stepchild, but only if the stepchild lived with the participant or retired par- ticipant in a regular parent-child relation- ship; (iii) a recognized natural child; and (iv) a child who lived with the partici- pant, for whom a petition of adoption was filed by the participant or retired partici- pant, and who is adopted by the surviving spouse after the death of the participant or retired participant. (B) Disabled adult children An unmarried dependent child, regardless of age, who is incapable of self-support be- cause of a physical or mental disability in- curred before age 18. (C) Students An unmarried dependent child between 18 and 22 years of age who is a student regu- larly pursuing a full-time course of study or training in residence in a high school, trade school, technical or vocational institute, junior college, college, university, or com- parable recognized educational institution. (2) Special rules for students (A) Extension of age termination of status as ‘‘child’’ For purposes of this subsection, a child whose 22nd birthday occurs before July 1 or after August 31 of a calendar year, and while regularly pursuing such a course of study or training, shall be treated as having attained the age of 22 on the first day of July fol- lowing that birthday. (B) Treatment of interim period between school years A child who is a student is deemed not to have ceased to be a student during an in- terim between school years if the interim does not exceed 5 months and if the child shows to the satisfaction of the Director that the child has a bona fide intention of continuing to pursue a course of study or training in the same or different school dur- ing the school semester (or other period into which the school year is divided) imme- diately following the interim. (3) ‘‘Dependent’’ defined For purposes of this subsection, the term ‘‘dependent’’, with respect to the child of a participant or retired participant, means that the participant or retired participant was, at the time of the death of the participant or re- tired participant, either living with or con- tributing to the support of the child, as deter- mined in accordance with regulations pre- scribed under subchapter II. (4) Exclusion of stepchildren from lump-sum payment For purposes of section 2071(c) of this title, the term ‘‘child’’ includes an adopted child 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.)