Browse Arkansas Code titles and sections
50 U.S.C. § 2143 — Alternative forms of annuities
Federal law — U.S. Code and appendices · legal_authorities
Page 363
TITLE 50—WAR AND NATIONAL DEFENSE
§ 2143
respect to such Central Intelligence Agency
Retirement and Disability System partici-
pants, former participants, or survivors.
(3) Legal status
Any such order shall have the force and ef-
fect of law.
(4) Effective date
Any such order may be given retroactive ef-
fect to a date not earlier than the effective
date of the corresponding provision of law ap-
plicable to employees under the Civil Service
Retirement System.
(b) Effect of Executive order
Provisions of an Executive order issued pursu-
ant to this section shall modify, supersede, or
render inapplicable, as the case may be, to the
extent inconsistent therewith—
(1) provisions of law enacted before the effec-
tive date of the Executive order; and
(2) any prior provision of an Executive order
issued under this section.
(Pub. L. 88–643, title II, § 292, as added Pub. L.
102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat.
3241.)
Editorial Notes
PRIOR PROVISIONS
A prior section 292 of Pub. L. 88–643, as added Pub. L.
94–522, title II, § 213, Oct. 17, 1976, 90 Stat. 2471, 2472, re-
lated to authority to maintain existing areas of con-
formity between Civil Service and Central Intelligence
Agency Retirement and Disability Systems 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.
Executive Documents
OPEN ENROLLMENT SEASON
FOR PARTICIPANTS
IN
THE
CENTRAL
INTELLIGENCE
AGENCY
RETIREMENT
AND
DISABILITY SYSTEM
The Director to provide a
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Source location: USCODE-2024-title50-chap38-subchapII-partK-sec2143.pdf
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Page 363
TITLE 50—WAR AND NATIONAL DEFENSE
§ 2143
respect to such Central Intelligence Agency
Retirement and Disability System partici-
pants, former participants, or survivors.
(3) Legal status
Any such order shall have the force and ef-
fect of law.
(4) Effective date
Any such order may be given retroactive ef-
fect to a date not earlier than the effective
date of the corresponding provision of law ap-
plicable to employees under the Civil Service
Retirement System.
(b) Effect of Executive order
Provisions of an Executive order issued pursu-
ant to this section shall modify, supersede, or
render inapplicable, as the case may be, to the
extent inconsistent therewith—
(1) provisions of law enacted before the effec-
tive date of the Executive order; and
(2) any prior provision of an Executive order
issued under this section.
(Pub. L. 88–643, title II, § 292, as added Pub. L.
102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat.
3241.)
Editorial Notes
PRIOR PROVISIONS
A prior section 292 of Pub. L. 88–643, as added Pub. L.
94–522, title II, § 213, Oct. 17, 1976, 90 Stat. 2471, 2472, re-
lated to authority to maintain existing areas of con-
formity between Civil Service and Central Intelligence
Agency Retirement and Disability Systems 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.
Executive Documents
OPEN ENROLLMENT SEASON
FOR PARTICIPANTS
IN
THE
CENTRAL
INTELLIGENCE
AGENCY
RETIREMENT
AND
DISABILITY SYSTEM
The Director to provide an open enrollment period for
employee participants in the Central Intelligence
Agency Retirement and Disability System to elect the
Federal Employees’ Retirement System, see Ex. Ord.
No. 13105, § 2, Nov. 2, 1998, 63 F.R. 60201, set out as a note
under section 4067 of Title 22, Foreign Relations and
Intercourse.
EX. ORD. NO. 13236. WAIVER OF DUAL COMPENSATION
PROVISIONS
Ex. Ord. No. 13236, Nov. 27, 2001, 66 F.R. 59671, pro-
vided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including section 292 of the Central Intel-
ligence Agency Retirement Act of 1964 [Central Intel-
ligence Agency Retirement Act], as amended (50 U.S.C.
2141), and in order to conform the Central Intelligence
Agency Retirement and Disability System to the Civil
Service Retirement and Disability System, it is hereby
ordered as follows:
SECTION 1. The Director of Central Intelligence may
waive the application of the dual compensation reduc-
tion provisions of sections 271 and 273 of the Central In-
telligence Agency Retirement Act (50 U.S.C. 2111 and
2113) for an employee serving on a temporary basis, but
only if, and for so long as, the authority is necessary
due to an emergency involving a direct threat to life or
property or other unusual circumstances. Employees
who receive both salary and annuity pursuant to this
authority may not earn additional retirement benefits
during this period of employment. This authority may
be delegated as appropriate.
SEC. 2. Nothing contained in this order is intended to
create, nor does it create, any right, benefit, or privi-
lege, substantive or procedural, enforceable at law by a
party against the United States, its agencies, officers,
employees, or any other person.
GEORGE W. BUSH.
APPLICABILITY OF FEDERAL PHYSICIANS COMPARABILITY
ALLOWANCE AMENDMENTS OF 2000
The Director of Central Intelligence to issue regula-
tions to reflect application of sections 3(a) and 3(b) of
Pub. L. 106–571, amending sections 8331 and 8339 of Title
5, Government Organization and Employees, to the
Central Intelligence Agency Retirement and Disability
System, see Ex. Ord. No. 13297, § 3(b), Apr. 23, 2003, 68
F.R. 22566, set out as a note under section 4067 of Title
22, Foreign Relations and Intercourse.
§ 2142. Thrift Savings Plan participation
(a) Eligibility for Thrift Savings Plan
Participants in the system shall be deemed to
be employees for the purposes of section 8351 of
title 5.
(b) Management of Thrift Savings Plan accounts
by Director
Subsections (k) and (m) of section 8461 of title
5 shall apply with respect to contributions made
by participants to the Thrift Savings Fund
under section 8351 of such title and to earnings
attributable to the investment of such contribu-
tions.
(Pub. L. 88–643, title II, § 293, as added Pub. L.
102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat.
3242.)
Editorial Notes
PRIOR PROVISIONS
A prior section 293 of Pub. L. 88–643, as added Pub. L.
99–335, title V, § 504, June 6, 1986, 100 Stat. 623, related
to Thrift Savings Fund participation by participants in
the Central Intelligence Agency Retirement and Dis-
ability 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.
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.
§ 2143. Alternative forms of annuities
(a) Authority for alternative form of annuity
The Director shall prescribe regulations under
which any participant who has a life-threat-
ening affliction or other critical medical condi-
tion may, at the time of retiring under this sub-
chapter (other than under section 2051 of this
title), elect annuity benefits under this section
instead of any other benefits under this sub-
Page 364
TITLE 50—WAR AND NATIONAL DEFENSE
§ 2144
chapter (including any survivor benefits under
this subchapter) based on the service of the par-
ticipant creditable under this subchapter.
(b) Basis for alternative forms of annuity
The regulations and alternative forms of an-
nuity shall, to the maximum extent practicable,
meet the requirements prescribed in section
8343a of title 5.
(c) Lump-sum credit
Any lump-sum credit provided pursuant to an
election under subsection (a) shall not preclude
an individual from receiving other benefits pro-
vided under that subsection.
(d) Submission of regulations to congressional
intelligence committees
The Director shall submit the regulations pre-
scribed under subsection (a) to the congressional
intelligence committees before the regulations
take effect.
(Pub. L. 88–643, title II, § 294, as added Pub. L.
102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat.
3242; amended Pub. L. 103–66, title XI, § 11002(c),
Aug. 10, 1993, 107 Stat. 409.)
Editorial Notes
PRIOR PROVISIONS
A prior section 294 of Pub. L. 88–643, as added Pub. L.
99–335, title V, § 505, June 6, 1986, 100 Stat. 624, related
to alternative forms of annuities 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
1993—Subsec. (a). Pub. L. 103–66 substituted ‘‘any par-
ticipant who has a life-threatening affliction or other
critical medical condition’’ for ‘‘a participant’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1993 AMENDMENT
Amendment by Pub. L. 103–66 effective Oct. 1, 1994,
and applicable with respect to any annuity com-
mencing on or after that date, see section 11002(d) of
Pub. L. 103–66, set out as a note under section 8343a of
Title 5, Government Organization and Employees.
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.
§ 2144. Payments from CIARDS fund for portions
of certain Civil Service Retirement System
annuities
The amount of the increase in any annuity
that results from the application of section 3518
of this title, if and when such increase is based
on an individual’s overseas service as an em-
ployee of the Central Intelligence Agency, shall
be paid from the fund.
(Pub. L. 88–643, title II, § 295, as added Pub. L.
102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat.
3242.)
Editorial Notes
PRIOR PROVISIONS
A prior section 295 of Pub. L. 88–643, as added Pub. L.
101–193, title III, § 307(b), Nov. 30, 1989, 103 Stat. 1707, re-
lated to payments from CIARDS fund for portions of
certain Civil Service Retirement System annuities 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 III—PARTICIPATION IN FED-
ERAL
EMPLOYEES’
RETIREMENT
SYS-
TEM
§ 2151. Application of Federal Employees’ Retire-
ment System to Agency employees
(a) General rule
Except as provided in subsections (b) and (c),
all employees of the Agency, any of whose serv-
ice after December 31, 1983, is employment for
the purpose of title II of the Social Security Act
[42 U.S.C. 401 et seq.] and chapter 21 of title 26,
shall be subject to chapter 84 of title 5.
(b) Exception for pre-1984 employees
Participants in the Central Intelligence Agen-
cy Retirement and Disability System who were
participants in such system on or before Decem-
ber 31, 1983, and who have not had a break in
service in excess of one year since that date, are
not subject to chapter 84 of title 5 without re-
gard to whether they are subject to title II of
the Social Security Act [42 U.S.C. 401 et seq.].
(c) Nonapplicability of FERS to certain employ-
ees
(1) The provisions of chapter 84 of title 5 shall
not apply with respect to—
(A) any individual who separates, or who has
separated, from Federal Government service
after having been an employee of the Agency
subject to subchapter II of this chapter; and
(B) any employee of the Agency having at
least 5 years of civilian service which was per-
formed before January 1, 1987, and is cred-
itable under subchapter II of this chapter (de-
termined without regard to any deposit or re-
deposit requirement under subchapter III of
chapter 83 of title 5, or under subchapter II of
this chapter, or any requirement that the indi-
vidual become subject to such subchapter or
to subchapter II of this chapter after per-
forming the service involved).
(2) Paragraph (1) shall not apply with respect
to an individual who has elected under regula-
tions prescribed under section 2157 of this title
to become subject to chapter 84 of title 5 to the
extent provided in such regulations.
(3) An individual described in paragraph (1)
shall be deemed to be an individual excluded
under section 8402(b)(2) of title 5.
(d) Election to become subject to FERS
An employee who is designated as a partici-
pant in the Central Intelligence Agency Retire-
ment and Disability System after December 31,
1987, pursuant to section 2013 of this title may
elect to become subject to chapter 84 of title 5.
Such election—
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Federal Old-Age and Survivors Insurance Trust Fund** There is hereby created on the books of the Treasury of the United States a trust fund to be known as the “Federal Old-Age and Survivors Insurance Trust Fund”. The Federal Old-Age and Survivors Insurance Trust Fund shall consist of the securities held by the Secretary of the Treasury for the Old-Age Reserve Account and the amount standing to the credit of the Old-Age Reserve Account on the books of the Treasury on January 1, 1940, which securities and amount the Secretary of the Treasury is authorized and directed to transfer to the Federal Old-Age and Survivors Insurance Trust Fund, and, in addition, such gifts and bequests as may be made as provided in subsection (i)(1), and such amounts as may be appropriated to, or deposited in, the Federal Old-Age and Survivors Insurance Trust Fund as hereinafter provided. There is hereby appropriated to the Federal Old-Age and Survivors Insurance Trust Fund for the fiscal year ending June 30, 1941, and for each fiscal year thereafter, out of any moneys in the Treasury not otherwise appropriated, amounts equivalent to 100 per centum of—
(1) the taxes (including interest, penalties, and additions to the taxes) received under subchapter A of chapter 9 of the Internal Revenue Code of 1939 (and covered into the Treasury) which are deposited into the Treasury by collectors of internal revenue before January 1, 1951; and
(2) the taxes certified each month by the Commissioner of Internal Revenue as taxes received under subchapter A of chapter 9 of such Code which are deposited into the Treasury by collectors of internal revenue after December 31, 1950, and before January 1, 1953, with respect to assessments of such taxes made before January 1, 1951; and
(3) the taxes imposed by
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 401
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 401. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 1800
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 401
§ 401. Trust Funds
(a) Federal Old-Age and Survivors Insurance
Trust Fund
There is hereby created on the books of the
Treasury of the United States a trust fund to be
known as the ‘‘Federal Old-Age and Survivors
Insurance Trust Fund’’. The Federal Old-Age
and Survivors Insurance Trust Fund shall con-
sist of the securities held by the Secretary of
the Treasury for the Old-Age Reserve Account
and the amount standing to the credit of the
Old-Age Reserve Account on the books of the
Treasury on January 1, 1940, which securities
and amount the Secretary of the Treasury is au-
thorized and directed to transfer to the Federal
Old-Age and Survivors Insurance Trust Fund,
and, in addition, such gifts and bequests as may
be made as provided in subsection (i)(1), and
such amounts as may be appropriated to, or de-
posited in, the Federal Old-Age and Survivors
Insurance Trust Fund as hereinafter provided.
There is hereby appropriated to the Federal Old-
Age and Survivors Insurance Trust Fund for the
fiscal year ending June 30, 1941, and for each fis-
cal year thereafter, out of any moneys in the
Treasury not otherwise appropriated, amounts
equivalent to 100 per centum of—
(1) the taxes (including interest, penalties,
and additions to the taxes) received under sub-
chapter A of chapter 9 of the Internal Revenue
Code of 1939 (and covered into the Treasury)
which are deposited into the Treasury by col-
lectors of internal revenue before January 1,
1951; and
(2) the taxes certified each month by the
Commissioner of Internal Revenue as taxes re-
ceived under subchapter A of chapter 9 of such
Code which are deposited into the Treasury by
collectors of internal revenue after December
31, 1950, and before Ja
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 401
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Page 359
TITLE 50—WAR AND NATIONAL DEFENSE
§ 2111
uity, or be subject to execution, levy, attach-
ment, garnishment, or other legal process, ex-
cept as otherwise may be provided by Federal
laws.
(b) Payment to former spouses under court order
or spousal agreement
In the case of any participant, former partici-
pant, or retired participant who has a former
spouse who is covered by a court order or who is
a party to a spousal agreement—
(1) any right of the former spouse to any an-
nuity under section 2032(a) of this title in con-
nection with any retirement or disability an-
nuity of the participant, and the amount of
any such annuity;
(2) any right of the former spouse of a partic-
ipant or retired participant to a survivor an-
nuity under section 2032(b) or 2032(c) of this
title, and the amount of any such annuity; and
(3) any right of the former spouse of a former
participant to any payment of a lump-sum
credit under section 2071(b) of this title, and
the amount of any such payment;
shall be determined in accordance with that
spousal agreement or court order, if and to the
extent expressly provided for in the terms of the
spousal agreement or court order that are not
inconsistent with the requirements of this sub-
chapter.
(c) Other payments under court orders
Payments under this subchapter that would
otherwise be made to a participant, former par-
ticipant, or retired participant based upon that
participant’s service shall be paid, in whole or in
part, by the Director to another individual if
and to the extent expressly provided for in the
terms of any court decree of divorce, annulment,
or legal separation, or the terms of any court
order or court-approved property settlement
agreement incident to any court decree of di-
vorce, annulment,
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 2111
Stored review status: historical_2024_not_currentness_verified. The source passage cites 50 U.S.C. § 2111. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Presidential authority**
(1) **Conformity to CSRS by Executive order** — Whenever the President determines that it would be appropriate for the purpose of maintaining existing conformity between the Civil Service Retirement and Disability System and the Central Intelligence Agency Retirement and Disability System with respect to substantially identical provisions, the President may, by Executive order, extend to current or former participants in the Central Intelligence Agency Retirement and Disability System, or to their survivors, a provision of law enacted after January 1, 1975, which—
(A) amends subchapter III of chapter 83 of title 5 and is applicable to civil service employees generally; or
(B) otherwise affects current or former participants in the Civil Service Retirement and Disability System, or their survivors.
(2) **Extension to CIARDS** — Any such order shall extend such provision of law so that it applies in like manner with respect to such Central Intelligence Agency Retirement and Disability System participants, former participants, or survivors.
(3) **Legal status** — Any such order shall have the force and effect of law.
(4) **Effective date** — Any such order may be given retroactive effect to a date not earlier than the effective date of the corresponding provision of law applicable to employees under the Civil Service Retirement System.
**(b) Effect of Executive order** Provisions of an Executive order issued pursuant to this section shall modify, supersede, or render inapplicable, as the case may be, to the extent inconsistent therewith—
(1) provisions of law enacted before the effective date of the Executive order; and
(2) any prior provision of an Executive order issued under this section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 2141
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Federal law — U.S. Code and appendices · legal_authorities
Page 362
TITLE 50—WAR AND NATIONAL DEFENSE
§ 2141
(2) Effective from its commencing date, an
annuity payable from the fund to an annu-
itant’s survivor (other than a child entitled to
an annuity under section 2031(d) of this title)
shall be increased by the total percentage in-
crease the annuitant was receiving under this
section at death.
(3) For purposes of computing the annuity of
a child under section 2031(d) of this title that
commences after October 31, 1969, the dollar
amounts specified in section 2031(d)(3) of this
title shall each be increased by the total per-
centage increases allowed and in force under
this section on or after such day and, in the
case of a deceased annuitant, the percentages
specified in that section shall be increased by
the total percent allowed and in force to the
annuitant under this section on or after such
day.
(c) Limitation
An annuity increase provided by this section
may not be computed on any additional annuity
purchased at retirement by voluntary contribu-
tions.
(d) Rounding to next lower dollar
The monthly annuity installment, after ad-
justment under this section, shall be rounded to
the next lowest dollar, except that such install-
ment shall, after adjustment, reflect an increase
of at least $1.
(e) Limitation on maximum amount of annuity
(1) In general
An annuity shall not be increased by reason
of an adjustment under this section to an
amount which exceeds the greater of—
(A) the maximum pay payable for GS–15 30
days before the effective date of the adjust-
ment under this section; or
(B) the final pay (or average pay, if higher)
of the participant with respect to whom the
annuity is paid, increased by the overall an-
nual average percentage adjustments (com-
pounded) in the rates of pay of
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 2141
Stored review status: historical_2024_not_currentness_verified. The source passage cites 50 U.S.C. § 2141. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority for alternative form of annuity** The Director shall prescribe regulations under which any participant who has a life-threatening affliction or other critical medical condition may, at the time of retiring under this subchapter (other than under [section 2051 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2051&num=0&edition=prelim)), elect annuity benefits under this section instead of any other benefits under this subchapter (including any survivor benefits under this subchapter) based on the service of the participant creditable under this subchapter.
**(b) Basis for alternative forms of annuity** The regulations and alternative forms of annuity shall, to the maximum extent practicable, meet the requirements prescribed in [section 8343a of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8343a&num=0&edition=prelim).
**(c) Lump-sum credit** Any lump-sum credit provided pursuant to an election under subsection (a) shall not preclude an individual from receiving other benefits provided under that subsection.
**(d) Submission of regulations to congressional intelligence committees** The Director shall submit the regulations prescribed under subsection (a) to the congressional intelligence committees before the regulations take effect.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 2143
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