50 U.S.C. § 3519 — Special rules for disability retirement and

Page 904 TITLE 50—WAR AND NATIONAL DEFENSE § 3518a 1 See References in Text note below. 1 So in original. The comma probably should not appear. her first ten years of total service, and in calcu- lating the portion of the officer’s or employee’s annuity for his or her first ten years of total service, the computation rate and percent of av- erage pay specified in paragraph (1) shall also be applied to the period of such deemed or equiva- lent service abroad. (3) The portion of the annuity relating to other service by an officer or employee as de- scribed in subsection (a) shall be computed as provided in the provisions of section 8339(a) of title 5 that would otherwise be applicable to such service. (4) For purposes of this subsection, the term ‘‘total service’’ has the meaning given such term under chapter 83 of title 5. (c) Annuities deemed annuities under section 8339 of title 5 For purposes of subsections (f) through (m) of section 8339 of title 5, an annuity computed under this section shall be deemed to be an an- nuity computed under subsections (a) and (o) 1 of section 8339 of title 5. (d) Officers and employees entitled to greater an- nuities under section 8339 of title 5 The provisions of subsection (a) of this section shall not apply to an officer or employee of the Central Intelligence Agency who would other- wise be entitled to a greater annuity computed under an otherwise applicable subsection of sec- tion 8339 of title 5. (June 20, 1949, ch. 227, § 18, as added Pub. L. 101–193, title III, § 305, Nov. 30, 1989, 103 Stat. 1704; amended Pub. L. 102–496, title VIII, § 803(a)(2), Oct. 24, 1992, 106 Stat. 3252.) Editorial Notes REFERENCES IN TEXT Subsection (o) of section 8339 of title 5, referred to in subsec. (c), was redesignated subsec. (p) of that section by Pub. L. 102–378, § 2(62), Oct. 2, 1992, 106 Stat. 1354. CODIFICATION Section was formerly classified to section 403r of this title prior to editorial reclassification and renumbering as this section. Some section numbers of this title ref- erenced in amendment notes below reflect the classi- fication of such sections prior to their editorial reclas- sification. AMENDMENTS 1992—Subsec. (a). Pub. L. 102–496 substituted ref- erence to section 2013 of this title for reference in origi- nal to section 203 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees which was formerly set out as a note under section 403 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–496 effective on first day of fourth month beginning after Oct. 24, 1992, see sec- tion 805 of Pub. L. 102–496, set out as an Effective Date note under section 2001 of this title. § 3518a. Portability of overseas service retire- ment benefit The special accrual rates provided by section 2153 of this title and by section 3518 of this title for computation of the annuity of an individual who has served abroad as an officer or employee of the Central Intelligence Agency shall be used to compute that portion of the annuity of such individual relating to such service abroad whether or not the individual is employed by the Central Intelligence Agency at the time of retirement from Federal service. (Pub. L. 101–193, title III, § 306, Nov. 30, 1989, 103 Stat. 1704; Pub. L. 103–178, title II, § 204(a), Dec. 3, 1993, 107 Stat. 2033.) Editorial Notes CODIFICATION Section was formerly classified to section 403r–1 of this title prior to editorial reclassification and renum- bering as this section. Section was enacted as part of the Intelligence Au- thorization Act, Fiscal Year 1990, and not as part of the Central Intelligence Agency Act of 1949 which com- prises this chapter. AMENDMENTS 1993—Pub. L. 103–178 substituted reference to section 2153 of this title for reference in original to section 303 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees. § 3519. Special rules for disability retirement and death-in-service benefits with respect to cer- tain employees (a) Officers and employees to whom section 2051 rules apply Notwithstanding any other provision of law, an officer or employee of the Central Intel- ligence Agency subject to retirement system coverage under subchapter III of chapter 83 of title 5 who— (1) has five years of civilian service credit toward retirement under such subchapter III of chapter 83, title 5; (2) has not been designated under section 2013 of this title as a participant in the Central Intelligence Agency Retirement and Disability System; (3) has become disabled during a period of as- signment to the performance of duties that are qualifying toward such designation under such section 2013 of this title; and (4) satisfies the requirements for disability retirement under section 8337 of title 5— shall, upon his own application or upon order of the Director, be retired on an annuity computed in accordance with the rules prescribed in sec- tion 2051 of this title, in lieu of an annuity com- puted as provided by section 8337 of title 5. (b) Survivors of officers and employees to whom section 2052 rules apply Notwithstanding any other provision of law, in the case of an officer or employee of the Central Intelligence Agency subject to retirement sys- tem coverage under subchapter III of chapter 83, title 5, who— (1) has at least eighteen months of civilian service credit toward retirement under such subchapter III of chapter 83, title 5; (2) has not been designated under section 2013 of this title,1 as a participant in the Cen- Page 905 TITLE 50—WAR AND NATIONAL DEFENSE § 3519a tral Intelligence Agency Retirement and Dis- ability System; (3) prior to separation or retirement from the Agency, dies during a period of assignment to the performance of duties that are quali- fying toward such designation under such sec- tion 2013 of this title; and (4) is survived by a surviving spouse, former spouse, or child as defined in section 2002 of this title, who would otherwise be entitled to an annuity under section 8341 of title 5— such surviving spouse, former spouse, or child of such officer or employee shall be entitled to an annuity computed in accordance with section 2052 of this title, in lieu of an annuity computed in accordance with section 8341 of title 5. (c) Annuities under this section deemed annu- ities under chapter 83 of title 5 The annuities provided under subsections (a) and (b) of this section shall be deemed to be an- nuities under chapter 83 of title 5 for purposes of the other provisions of such chapter and other laws (including title 26) relating to such annu- ities, and shall be payable from the Central In- telligence Agency Retirement and Disability Fund maintained pursuant to section 2012 of this title. (June 20, 1949, ch. 227, § 19, as added Pub. L. 101–193, title III, § 307(a), Nov. 30, 1989, 103 Stat. 1705; amended Pub. L. 102–496, title VIII, § 803(a)(3), Oct. 24, 1992, 106 Stat. 3252; Pub. L. 103–178, title V, § 501(3), Dec. 3, 1993, 107 Stat. 2038; Pub. L. 118–31, div. G, title IX, § 7901(g)(5), Dec. 22, 2023, 137 Stat. 1107.) Editorial Notes CODIFICATION Section was formerly classified to section 403s of this title prior to editorial reclassification and renumbering as this section. Some section numbers of this title ref- erenced in amendment notes below reflect the classi- fication of such sections prior to their editorial reclas- sification. AMENDMENTS 2023—Subsec. (a)(2). Pub. L. 118–31 substituted ‘‘as a participant’’ for ‘‘, as a participant’’. 1993—Subsec. (b). Pub. L. 103–178, § 501(3)(A), (C), sub- stituted ‘‘section 2052’’ for ‘‘section 2051’’ in heading and concluding provisions. Subsec. (b)(2). Pub. L. 103–178, § 501(3)(B), made tech- nical amendment to reference to section 2013 of this title to update reference to corresponding section of original act. 1992—Subsec. (a). Pub. L. 102–496, § 803(a)(3)(A), in- serted heading, redesignated cl. (i) as par. (1), in cl. (ii), substituted reference to section 2013 of this title for ref- erence in original to section 203 of the Central Intel- ligence Agency Retirement Act of 1964 for Certain Em- ployees, as amended, which was formerly set out as a note under section 403 of this title, and redesignated such cl. as par. (2), in cl. (iii), inserted ‘‘such’’ before reference to section 2013 of this title and redesignated such cl. as par. (3), redesignated cl. (iv) as par. (4), and substituted reference to section 2051 of this title for ‘‘such section 231’’ in concluding provisions. Subsec. (b). Pub. L. 102–496, § 803(a)(3)(B)(i), (ii), (iv)–(vi), inserted heading, redesignated cl. (i) as par. (1), in cl. (ii), substituted reference to section 2013 of this title for reference in original to section 203 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended, which was formerly set out as a note under section 403 of this title, and re- designated cl. (ii) as par. (2), redesignated cls. (iii) and (iv) as pars. (3) and (4), respectively, and in concluding provisions, substituted ‘‘surviving spouse, former spouse, or child’’ for ‘‘widow or widower, former spouse, and/or child or children’’ and substituted reference to section 2051 of this title for ‘‘such section 232’’. Pub. L. 102–496, § 803(a)(3)(B)(iii), which directed the substitution of ‘‘surviving spouse, former spouse, or child as defined in section 2002 of this title’’ in cl. (iv) for ‘‘widow or widower, former spouse, and/or child or children as defined in section 204 and section 232 of such the Central Intelligence Agency Retirement Act of 1964 for Certain Employees’’, was executed by making the substitution for ‘‘widow or widower, former spouse, and/or a child or children as defined in section 204 and section 232 of the Central Intelligence Agency Retire- ment Act of 1964 for Certain Employees’’, to reflect the probable intent of Congress. Subsec. (c). Pub. L. 102–496, § 803(a)(3)(D)(i)–(iii), in- serted heading, struck out par. (1) designation before ‘‘The annuities provided’’, substituted ‘‘maintained pursuant to section 2012 of this title’’ for ‘‘established by section 202 of the Central Intelligence Agency Re- tirement Act of 1964 for Certain Employees’’, and struck out par. (2) which read as follows: ‘‘The annu- ities and/or other benefits provided under subsections (c) and (d) of this section shall be deemed to be annu- ities and/or benefits under chapter 84 of title 5 for pur- poses of the other provisions of such chapter and other laws (including title 26) relating to such annuities and/ or benefits, but shall be payable from the Central Intel- ligence Agency Retirement and Disability Fund estab- lished by section 202 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees.’’ Pub. L. 102–496, § 803(a)(3)(C), (D), redesignated subsec. (e) as (c) and struck out former subsec. (c) which pro- vided for retirement of officers and employees of the Central Intelligence Agency as though designated pur- suant to section 302(a) of Pub. L. 88–643 which was for- merly set out as a note under section 403 of this title. Subsec. (d). Pub. L. 102–496, § 803(a)(3)(C), struck out subsec. (d) which provided that survivors of officers and employees of the Central Intelligence Agency were to receive benefits as though deceased had been des- ignated pursuant to section 302(a) of Pub. L. 88–643, which was formerly set out as a note under section 403 of this title. Subsec. (e). Pub. L. 102–496, § 803(a)(3)(D), redesignated subsec. (e) as (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–496 effective on first day of fourth month beginning after Oct. 24, 1992, see sec- tion 805 of Pub. L. 102–496, set out as an Effective Date note under section 2001 of this title. § 3519a. Separation pay program for voluntary separation from service (a) Definitions For purposes of this section— (1) the term ‘‘Director’’ means the Director of the Central Intelligence Agency; and (2) the term ‘‘employee’’ means an employee of the Central Intelligence Agency, serving under an appointment without time limita- tion, who has been currently employed for a continuous period of at least 12 months, except that such term does not include— (A) a reemployed annuitant under sub- chapter III of chapter 83 or chapter 84 of title 5 or another retirement system for employ- ees of the Government; or (B) an employee having a disability on the basis of which such employee is or would be