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50 U.S.C. § 2033 — Election of survivor benefits for certain

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50 U.S.C. § 2033 — Election of survivor benefits for certain

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Page 343 TITLE 50—WAR AND NATIONAL DEFENSE § 2033 ‘‘(i) shall commence on the later of— ‘‘(I) October 1, 1994; ‘‘(II) the day the participant upon whose serv- ice the right to the annuity is based becomes entitled to an annuity under such Act [probably means Central Intelligence Agency Retirement Act, 50 U.S.C. 2001 et seq.]; or ‘‘(III) such former wife’s or husband’s 50th birthday; and ‘‘(ii) shall terminate on the earlier of— ‘‘(I) the last day of the month before the former wife or husband dies or remarries before 55 years of age, except that the entitlement of the former wife or husband to an annuity under this subsection shall be restored on the date such remarriage is dissolved by death, annul- ment, or divorce; or ‘‘(II) the date on which the annuity of the par- ticipant terminates. ‘‘(B) DISABILITY ANNUITIES.—Notwithstanding sub- paragraph (A)(i)(II), in the case of a former wife or husband of a disability annuitant— ‘‘(i) the annuity of the former wife or husband shall commence on the date on which the partici- pant would qualify on the basis of the partici- pant’s creditable service for an annuity under the Central Intelligence Agency Retirement Act [50 U.S.C. 2001 et seq.] (other than a disability annu- ity) or the date the disability annuity begins, whichever is later; and ‘‘(ii) the amount of the annuity of the former wife or husband shall be calculated on the basis of the annuity for which the participant would oth- erwise so qualify. ‘‘(C) ELECTION OF BENEFITS.—A former wife or husband of a participant or retired participant shall not become entitled under this subsection to an an- nuity or to the restoration of an annuity unless the former wife or husband elects to receive it instead of any survivor annuity to which the former wife or husband may be entitled under the Central Intel- ligence Agency Retirement and Disability System or any other retirement system for Government employees on the basis of a marriage to someone other than the participant. ‘‘(D) APPLICATION.— ‘‘(i) TIME LIMIT; WAIVER.—An annuity under this subsection shall not be payable unless appro- priate written application is provided to the Di- rector of Central Intelligence, complete with any supporting documentation which the Director may by regulation require, not later than October 1, 1995. The Director may waive the application deadline under the preceding sentence in any case in which the Director determines that the cir- cumstances warrant such a waiver. ‘‘(ii) RETROACTIVE BENEFITS.—Upon approval of an application under clause (i), the appropriate annuity shall be payable to the former wife or husband with respect to all periods before such approval during which the former wife or husband was entitled to an annuity under this subsection, but in no event shall an annuity be payable under this subsection with respect to any period before October 1, 1994. ‘‘(4) RESTORATION OF ANNUITIES.—Notwithstanding paragraph (3)(D)(i), the deadline by which an applica- tion for a retirement annuity must be submitted shall not apply in cases in which a former spouse’s entitlement to such annuity is restored after October 1, 1994, under paragraph (2)(A) or (3)(A)(ii). ‘‘(5) APPLICABILITY IN CASES OF PARTICIPANTS TRANS- FERRED TO FERS.—The provisions of this subsection shall apply to a former wife or husband of a partici- pant under the Central Intelligence Agency Retire- ment and Disability System who has elected to be- come subject to chapter 84 of title 5, United States Code. For purposes of this paragraph, any reference in this section to a participant’s annuity under the Central Intelligence Agency Retirement and Dis- ability System shall be deemed to refer to the trans- ferred participant’s annuity computed in accordance with section 302(a) of the Federal Employee’s Retire- ment System Act of 1986 [Pub. L. 99–335, 5 U.S.C. 8331 note]. ‘‘(6) SAVINGS PROVISION.—Nothing in this subsection shall be construed to impair, reduce, or otherwise af- fect the annuity or the entitlement to an annuity of a participant or former participant under title II or III of the Central Intelligence Agency Retirement Act [50 U.S.C. 2011 et seq., 2151 et seq.]. ‘‘(c) HEALTH BENEFITS.—[Amended section 3516 of this title.] ‘‘(d) SOURCE OF PAYMENT FOR ANNUITIES.—Annuities provided under subsections (a) and (b) shall be payable from the Central Intelligence Agency Retirement and Disability Fund maintained under section 202 of the Central Intelligence Agency Retirement Act (50 U.S.C. 2012). ‘‘(e) EFFECTIVE DATE.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), subsections (a) and (b) shall take effect as of Oc- tober 1, 1994, the amendments made by subsection (c) [amending section 3516 of this title] shall apply to in- dividuals on and after October 1, 1994, and no benefits provided pursuant to those subsections shall be pay- able with respect to any period before October 1, 1994. ‘‘(2) Section 16(d) of the Central Intelligence Agen- cy Act of 1949 (as added by subsection (c) of this sec- tion) [50 U.S.C. 3516(d)] shall apply to individuals be- ginning on the date of enactment of this Act [Dec. 3, 1993].’’ [Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence com- munity deemed to be a reference to the Director of Na- tional Intelligence. Reference to the Director of Cen- tral Intelligence or the Director of the Central Intel- ligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a ref- erence to the Director of the Central Intelligence Agen- cy. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of this title.] § 2033. Election of survivor benefits for certain former spouses divorced as of November 15, 1982 (a) Former spouses as of November 15, 1982 A participant, former participant, or retired participant in the system who on November 15, 1982, had a former spouse may, by a spousal agreement, elect to receive a reduced annuity and provide a survivor annuity for such former spouse under section 2032(b) of this title. (b) Time for making election (1) If the participant or former participant has not retired under such system on or before No- vember 15, 1982, an election under this section may be made at any time before retirement. (2) If the participant or former participant has retired under such system on or before Novem- ber 15, 1982, an election under this section may be made within such period after November 15, 1982, as the Director may prescribe. (3) For the purposes of applying this sub- chapter, any such election shall be treated in the same manner as if it were a spousal agree- ment under section 2094(b) of this title. (c) Base for annuity An election under this section may provide for a survivor annuity based on all or any portion of that part of the annuity of the participant which is not designated or committed as a base for a survivor annuity for a spouse or any other Page 344 TITLE 50—WAR AND NATIONAL DEFENSE § 2034 former spouse of the participant. The partici- pant and the participant’s spouse may make an election under section 2031(b)(1)(B) of this title before the time of retirement for the purpose of allowing an election to be made under this sec- tion. (d) Reduction in participant’s annuity (1) Computation The amount of the reduction in the partici- pant’s annuity shall be determined in accord- ance with section 2031(b)(2) of this title. (2) Effective date of reduction Such reduction shall be effective as of— (A) the commencing date of the partici- pant’s annuity, in the case of an election under subsection (b)(1); or (B) November 15, 1982, in the case of an election under subsection (b)(2). (Pub. L. 88–643, title II, § 223, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3216.) Editorial Notes PRIOR PROVISIONS A prior section 223 of Pub. L. 88–643, as added Pub. L. 97–269, title VI, § 607, Sept. 27, 1982, 96 Stat. 1151; amend- ed Pub. L. 99–335, title V, § 501(2), June 6, 1986, 100 Stat. 622, related to election of survivor benefits for certain former spouses 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. § 2034. Survivor annuity for certain other former spouses (a) Survivor annuity (1) In general An individual who was a former spouse of a participant or retired participant on Novem- ber 15, 1982, shall be entitled, except to the ex- tent such former spouse is disqualified under subsection (b), to a survivor annuity equal to 55 percent of the greater of— (A) the unreduced amount of the partici- pant’s or retired participant’s annuity, as computed under section 2031(a) of this title; or (B) the unreduced amount of what such an- nuity as so computed would be if the partici- pant, former participant, or retired partici- pant had not elected payment of the lump- sum credit under section 2143 of this title. (2) Reduction in survivor annuity A survivor annuity payable under this sec- tion shall be reduced by an amount equal to any survivor annuity payments made to the former spouse under section 2033 of this title. (b) Limitations A former spouse is not entitled to a survivor annuity under this section if— (1) the former spouse remarries before age 55, except that the entitlement of the former spouse to such a survivor annuity shall be re- stored on the date such remarriage is dis- solved by death, annulment, or divorce; or (2) the former spouse is less than 50 years of age. (c) Commencement and termination of annuity (1) Commencement of annuity The entitlement of a former spouse to a sur- vivor annuity under this section shall com- mence— (A) in the case of a former spouse of a par- ticipant or retired participant who is de- ceased as of October 1, 1986, beginning on the later of— (i) the 60th day after such date; or (ii) the date on which the former spouse reaches age 50; and (B) in the case of any other former spouse, beginning on the latest of— (i) the date on which the participant or retired participant to whom the former spouse was married dies; (ii) the 60th day after October 1, 1986; or (iii) the date on which the former spouse attains age 50. (2) Termination of annuity The entitlement of a former spouse to a sur- vivor annuity under this section terminates on the last day of the month before the former spouse’s death or remarriage before attaining age 55. The entitlement of a former spouse to such a survivor annuity shall be restored on the date such remarriage is dissolved by death, annulment, or divorce. (d) Application (1) Time limit; waiver A survivor annuity under this section shall not be payable unless appropriate written ap- plication is provided to the Director, complete with any supporting documentation which the Director may by regulation require. Any such application shall be submitted not later than April 1, 1989. The Director may waive the ap- plication deadline under the preceding sen- tence in any case in which the Director deter- mines that the circumstances warrant such a waiver. (2) Retroactive benefits Upon approval of an application provided under paragraph (1), the appropriate survivor annuity shall be payable to the former spouse with respect to all periods before such ap- proval during which the former spouse was en- titled to such annuity under this section, but in no event shall a survivor annuity be pay- able under this section with respect to any pe- riod before October 1, 1986. (e) Restoration of annuity Notwithstanding subsection (d)(1), the dead- line by which an application for a survivor an- nuity must be submitted shall not apply in cases in which a former spouse’s entitlement to such a survivor annuity is restored under subsection (b)(1) or (c)(2). (Pub. L. 88–643, title II, § 224, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 8331 — Definitions

For the purpose of this subchapter— (1) “employee” means— (A) an employee as defined by [section 2105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2105&num=0&edition=prelim); (B) the Architect of the Capitol, an employee of the Architect of the Capitol, and an employee of the Botanic Garden; (C) a Congressional employee as defined by [section 2107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2107&num=0&edition=prelim) (other than the Architect of the Capitol, an employee of the Architect of the Capitol, and an employee of the Botanic Garden), after he gives notice in writing to the official by whom he is paid of his desire to become subject to this subchapter; (D) a temporary Congressional employee appointed at an annual rate of pay, after he gives notice in writing to the official by whom he is paid of his desire to become subject to this subchapter; (E) a United States Commissioner whose total pay for services performed as Commissioner is not less than $3,000 in each of the last 3 consecutive calendar years ending after December 31, 1954; (F) an individual employed by a county committee established under [section 590h(b) of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section590h/b&num=0&edition=prelim); (G) an individual first employed by the government of the District of Columbia before October 1, 1987; (H) an individual employed by Gallaudet College; (I) an individual appointed to a position on the office staff of a former President under section 1(b) of the Act of August 25, 1958 (72 Stat. 838); (J) an alien (i) who was previously employed by the Government, (ii) who is employed full time by a foreign government

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5 U.S.C. § 8331 — Definitions

Page 975 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8331 Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes REFERENCES IN TEXT Section 2 of the Act of September 26, 1961 (75 Stat. 648), referred to in subsec. (b)(1), is set out as a note under section 8322 of this title. § 8320. Offense or violation committed in compli- ance with orders When it is established by satisfactory evidence that an individual— (1) was convicted of an offense named by sec- tion 8312 of this title; or (2) violated section 8314 or 8315 of this title; as a result of proper compliance with orders issued, in a confidential relationship, by an agency or other authority of the Government of the United States or the government of the District of Columbia, the right to receive an- nuity or retired pay may not be denied. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 564.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 2285(c). Sept. 26, 1961, Pub. L. 87–299, § 1 ‘‘Sec. 6(c)’’, 75 Stat. 645. The reference to conviction of an offense which con- stitutes a violation of former section 2283 (which is car- ried into this title as sections 8314 and 8315) is omitted as being covered by the words ‘‘violated section 8314 or 8315 of this title’’ which are added on authority of the words ‘‘conviction or violation’’ in former section 2285(c). Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. § 8321. Liability of accountable employees An accountable employee may not be held re- sponsible for a payment made in violation of t

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 2001 — Definitions relating to the system

When used in this chapter: (1) **Agency** — The term “Agency” means the Central Intelligence Agency. (2) **Director** — The term “Director” means the Director of the Central Intelligence Agency. (3) **Qualifying service** — The term “qualifying service” means service determined by the Director to have been performed in carrying out duties described in [section 2013 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2013&num=0&edition=prelim). (4) **Fund balance** — The term “fund balance” means the sum of— (A) the investments of the fund calculated at par value; and (B) the cash balance of the fund on the books of the Treasury. (5) **Unfunded liability** — The term “unfunded liability” means the estimated amount by which— (A) the present value of all benefits payable from the fund exceeds (B) the sum of— (i) the present value of deductions to be withheld from the future basic pay of participants subject to subchapter II and of future Agency contributions to be made on the behalf of such participants; (ii) the present value of Government payments to the fund under sections 2091(c) and 2091(d) of this title; and (iii) the fund balance as of the date on which the unfunded liability is determined. (6) **Normal cost** — The term “normal cost” means the level percentage of payroll required to be deposited in the fund to meet the cost of benefits payable under the system (computed in accordance with generally accepted actuarial practice on an entry-age basis) less the value of retirement benefits earned under another retirement system for government employees and less the cost of credit allowed for military service. (7) **Lump-sum credit** — The term “lump-sum credit” means the unrefunded amount consisti

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50 U.S.C. § 2001 — Definitions relating to the system

Page 324 TITLE 50—WAR AND NATIONAL DEFENSE § 2001 ate and the House of Representatives a briefing on the program required under subsection (a). (Pub. L. 115–91, div. A, title XII, § 1277, Dec. 12, 2017, 131 Stat. 1700.) Editorial Notes CODIFICATION Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2018, and not as part of the David L. Boren National Security Education Act of 1991 which comprises this chapter. CHAPTER 38—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SUBCHAPTER I—DEFINITIONS Sec. 2001. Definitions relating to the system. 2002. Definitions relating to participants and annu- itants. SUBCHAPTER II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM PART A—ESTABLISHMENT OF SYSTEM 2011. CIARDS system. 2012. Central Intelligence Agency Retirement and Disability Fund. 2013. Participants in CIARDS system. 2014. Annuitants. PART B—CONTRIBUTIONS 2021. Contributions to fund. PART C—COMPUTATION OF ANNUITIES 2031. Computation of annuities. 2032. Annuities for former spouses. 2033. Election of survivor benefits for certain former spouses divorced as of November 15, 1982. 2034. Survivor annuity for certain other former spouses. 2035. Retirement annuity for certain former spouses. 2036. Survivor annuities for previous spouses. PART D—BENEFITS ACCRUING TO CERTAIN PARTICIPANTS 2051. Retirement for disability or incapacity; med- ical examination; recovery. 2052. Death in service. 2053. Voluntary retirement. 2054. Discontinued service benefits. 2055. Mandatory retirement. 2056. Eligibility for annuity. PART E—LUMP-SUM PAYMENTS 2071. Lump-sum payments. PART F—PERIOD OF SERVICE FOR ANNUITIES 2081. Computation of length of service. 2082. Prior service cr

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50 U.S.C. § 2011 — CIARDS system

**(a) In general** (1) **Establishment of system** — There is a retirement and disability system for certain employees of the Central Intelligence Agency known as the Central Intelligence Agency Retirement and Disability System (hereinafter in this chapter referred to as the “system”), originally established pursuant 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 established 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(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3024/h&num=0&edition=prelim) that the Director of National Intelligence shall be responsible for protecting intelligence 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2155/b&num=0&edition=prelim)), any determination by the Director authorized by this chapter shall be final and conclusive and shall not be subject to review by any court.

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50 U.S.C. § 2011 — CIARDS system

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) F

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 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” (hereinafter 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.

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

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 2033 — Election of survivor benefits for certain former spouses divorced as of November 15, 1982

**(a) Former spouses as of November 15, 1982** A participant, former participant, or retired participant in the system who on November 15, 1982, had a former spouse may, by a spousal agreement, elect to receive a reduced annuity and provide a survivor annuity for such former spouse under [section 2032(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2032/b&num=0&edition=prelim). **(b) Time for making election** (1) If the participant or former participant has not retired under such system on or before November 15, 1982, an election under this section may be made at any time before retirement. (2) If the participant or former participant has retired under such system on or before November 15, 1982, an election under this section may be made within such period after November 15, 1982, as the Director may prescribe. (3) For the purposes of applying this subchapter, any such election shall be treated in the same manner as if it were a spousal agreement under [section 2094(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2094/b&num=0&edition=prelim). **(c) Base for annuity** An election under this section may provide for a survivor annuity based on all or any portion of that part of the annuity of the participant which is not designated or committed as a base for a survivor annuity for a spouse or any other former spouse of the participant. The participant and the participant’s spouse may make an election under [section 2031(b)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2031/b/1/B&num=0&edition=prelim) before the time of retirement for the purpose of allowing an election to be made under this section. **(d) Reduction in partici

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50 U.S.C. § 3516 — Health benefits for certain former spouses of Central Intelligence Agency employees

**(a) Persons eligible** Except as provided in subsection (e), any individual— (1) formerly married to an employee or former employee of the Agency, whose marriage was dissolved by divorce or annulment before May 7, 1985; (2) who, at any time during the eighteen-month period before the divorce or annulment became final, was covered under a health benefits plan as a member of the family of such employee or former employee; and (3) who was married to such employee for not less than ten years during periods of service by such employee with the Agency, at least five years of which were spent outside the United States by both the employee and the former spouse, is eligible for coverage under a health benefits plan in accordance with the provisions of this section. **(b) Enrollment for health benefits** (1) Any individual eligible for coverage under subsection (a) may enroll in a health benefits plan for self alone or for self and family if, before the expiration of the six-month period beginning on October 1, 1986, and in accordance with such procedures as the Director of the Office of Personnel Management shall by regulation prescribe, such individual— (A) files an election for such enrollment; and (B) arranges to pay currently into the Employees Health Benefits Fund under [section 8909 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8909&num=0&edition=prelim) an amount equal to the sum of the employee and agency contributions payable in the case of an employee enrolled under chapter 89 of such title in the same health benefits plan and with the same level of benefits. (2) The Director of the Central Intelligence Agency shall, as soon as possible, take all steps practicable— (A) to determine the identity and current addr

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