The term “Agency” means the Central Intelligence Agency.
(2)
Director
The term “Director” means the Director of the Central Intelligence Agency.
(3)
Qualifying service
section 2013 of this titleThe term “qualifying service” means service determined by the Director to have been performed in carrying out duties described in .
(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
section 2082(h) of this titleThe term “lump-sum credit” means the unrefunded amount consisting of retirement deductions made from a participant’s basic pay and amounts deposited by a participant covering earlier service, including any amounts deposited under .
(8)
Congressional intelligence committees
The term “congressional intelligence committees” means the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
(9)
Employee
The term “employee” includes an officer of the Agency.
Pub. L. 108–4582004—Par. (2). added par. (2) and struck out heading and text of former par. (2). Text read as follows: “The term ‘Director’ means the Director of Central Intelligence.”
Pub. L. 108–458section 3001 of this titleFor Determination by President that amendment by take effect on , see Memorandum of President of the United States, , 70 F.R. 23925, set out as a note under .
“The amendments made by subsection (a) [amending this section and sections 2011, 2021, 2031, 2032, 2034, 2035, 2051, 2052, 2054, 2071, 2094, 2095, 2131, and 2154 of this title] shall take effect as of .”
section 1605 of Title 10“The amendments made by sections 802 and 803 [enacting this chapter and amending sections 3514, 3518, 3519, and 3607 of this title, sections 8347 and 8423 of Title 5, Government Organization and Employees, and , Armed Forces] shall take effect on the first day of the fourth month beginning after the date of the enactment of this Act [].”
Pub. L. 88–643“The amendments made by this section [amending sections 204(b)(3), 221(c)–(e), and 232(c)–(e) of ] shall take effect on the first day of the fourth month beginning after the date of the enactment of this Act [] and shall apply with respect to annuities payable to children by reason of the death of a participant or annuitant on or after that date.”
Pub. L. 88–643“(1) The amendments made by subsection (a) [amending section 221(p)–(r) of ] shall take effect on the first day of the fourth month beginning after the date of the enactment of this Act [].“(2)(A)
section 221(q) of Pub. L. 88–643 The amendment made by subsection (a)(2) [enacting ] shall apply with respect to participants and former participants regardless of whether they retire before, on, or after the effective date specified in paragraph (1), except that paragraph (1)(A) of section 221(q) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (as added by subsection (a)(2)) shall apply only with respect to participants who retire on or after that effective date.
“(B)
In applying the provisions of paragraph (1)(B) of section 221(q) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (as added by subsection (a)(2)) to a participant or former participant who retires before the effective date specified in paragraph (1)—
“(i)
the 18-month period referred to in that paragraph shall be considered to begin on the effective date specified in paragraph (1); and
“(ii)
the amount referred to in paragraph (2) of that section (as added by subsection (a)(2)) shall be computed without regard to the provisions of subparagraph (B)(ii) of such paragraph (relating to interest).”
section 226(a) of Pub. L. 88–643 The amendment made by subsection (a)(1) [amending ] shall be deemed to have become effective as of , and shall apply in the case of annuitants whose divorce occurs on or after that date.
“(2)
section 226(a) of Pub. L. 88–643 The amendments made by subsections (a)(2) and (a)(3) [amending ] shall be deemed to have become effective as of .”
Pub. L. 88–643“Subsection (h) of section 304 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees [], as added by subsection (a), shall be deemed to have become effective as of .”
section 204(b)(4) of Pub. L. 88–643“The amendment made by subsection (a) [amending ] shall apply only to a former husband or wife of a participant or former participant whose divorce from the participant or former participant becomes final after the date of the enactment of this Act [].”
Pub. L. 88–643 The amendments made by subsection (a) [amending sections 221, 222, and 232 of ] relating to widows or widowers shall apply in the case of a surviving spouse’s remarriage occurring on or after , and with respect to periods beginning after such date.
“(2)
The amendments made by subsection (a) relating to former spouses shall apply with respect to any former spouse whose remarriage occurs after the date of enactment of this Act [].”
section 3514 of this titleoPub. L. 88–643 Except as provided in paragraph (2), the amendments made by this section [amending and sections 221()(2), 232(b), and 304 of ] shall take effect on , the effective date of the Central Intelligence Agency Spouses’ Retirement Equity Act of 1982.
“(2)
section 304 of Pub. L. 88–643 The amendment made by subsection (b)(2) [amending ] shall take effect on , the effective date of the Federal Employees’ Retirement System Act of 1986.
“(d)
Nothing in this section or any amendment made by this section shall be construed to require the forfeiture by any individual of benefits received before the date of the enactment of this Act [].
“(e)
Pub. L. 88–643 Nothing in this section or any amendment made by this section shall be construed to require a reduction in the level of benefits received by any individual who was receiving benefits under section 232 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees [] before the date of enactment of this Act []”.
section 3514 of this titlePub. L. 88–643Pub. L. 88–643 Except as provided in subsections (b) and (c) of this section, this title [enacting and sections 222 and 223 of and amending sections 204, 211, 221, 234, and 263 of ] shall take effect on .
“(b)
Pub. L. 88–643 The provisions of section 222(a) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees [], as added by this title, regarding the rights of former spouses to an annuity shall apply in the case of any individual who after the effective date of this title [] becomes a former spouse of an individual who separates from service with the Agency after such date.
“(c)
Pub. L. 88–643 Except to the extent provided in section 223 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees [], the provisions of section 221(b) (as amended by this title) and the provisions of subsections (b) and (c) of section 222 of such Act, as added by this title, regarding the rights of former spouses to receive survivor annuities shall apply in the case of any individual who after the effective date of this title [] becomes a former spouse of a participant or former participant in the Central Intelligence Agency Retirement and Disability System.”
Pub. L. 88–643 This Act [amending ] shall become effective .
“(b)
Pub. L. 88–643section 204 of Pub. L. 88–643 The amendments made by sections 201(a), (b), (c), and (d), 202, and 208 [amending sections 204(a), (b)(2), (3)(i), 221(b) and 232(b) of ] shall not apply in the case of participants who died before . The amendments made by section 201(e) [amending ] shall not apply in the case of participants who died before . The rights of such persons and their survivors shall continue in the same manner and to the same extent as if such amendments had not been enacted.
“(c)
section 221(f)(2) of Pub. L. 88–643 The amendment made by section 203 [enacting ] shall apply to a participant who married prior to enactment [] but only if the election is made within one year after enactment [].
“(d)
section 251 of Pub. L. 88–643 The amendment made by section 210 [amending ] is effective only with respect to annuity accruing for full months beginning after ; but any part of a period of separation referred to in such amendment in which the participant or former participant was receiving benefits under chapter 81 of title 5, United States Code or any earlier statute on which such chapter is based shall be counted whether the person returns to duty before, on, or after . With respect to any person retired before such date of enactment, any such part of a period of separation shall be counted only upon application of the retired person.
“(e)
section 252(a)(2) of Pub. L. 88–643 The amendment in section 211 [amending ] to credit certain service in the Public Health Service is effective as of , and the amendment to credit certain service in the National Oceanic and Atmospheric Administration is effective as of .
section 221(b) of Pub. L. 88–643 The amendment to recompute a reduced annuity during periods when not married in section 202 [amending ] shall apply to annuities which commence before, on, or after the date of enactment of this Act [], but no increase in annuity shall be paid for any period prior to .
“(h)
lPub. L. 88–643 Annuity increases under sections 204 [enacting section 221() of ] and 214 [set out below] shall apply to annuities which commence before, on, or after the date of enactment of this Act [], but no increase in annuity shall be paid for any period prior to , or the date on which the annuity commences, whichever is later.”
section 291(b) of Pub. L. 88–643“The amendments made by subsection (a) [amending ] shall apply only with respect to annuities which commence on or after .”
section 211(a) of Pub. L. 88–643 The amendments made by section 1 [amending , set out above] shall become effective at the beginning of the first applicable pay period beginning after .
“(b)
Pub. L. 88–643section 221 of Pub. L. 88–643 The amendments made by sections 3, 4 [amending sections 231(a) and 232(h) of ], and 2 [amending ], with the exception of 2(c) [amending subsec. (c) thereof], shall become effective .
“(c)
Pub. L. 88–643 The amendments made by sections 2(c) and 5 [amending sections 221(c) and 291 of ] shall become effective .
“(d)
Pub. L. 88–643 The amendments made by sections 2(a), 2(e), 3, and 4(a)(1)–(2) [amending section 221(a), adding section 221(h), and amending sections 231(a) and 232(b) of ] shall not apply in the cases of persons retired or otherwise separated prior to , and the rights of such persons and their survivors shall continue in the same manner and to the same extent as if such sections had not been enacted.”
section 1605 of Title 10section 402 of this title“This title [enacting this chapter, amending sections 403n, 403r, 403r–1, and 403s of this title, sections 8347 and 8423 of Title 5, Government Organization and Employees, , Armed Forces and sections 4071b to 4071d of Title 22, Foreign Relations and Intercourse, enacting provisions set out as notes under this section, and amending provisions set out as a note under ] may be cited as the ‘CIARDS Technical Corrections Act of 1992’.”
section 403n of this titlePub. L. 88–643“This title [enacting and amending ] may be cited as the ‘Central Intelligence Agency Spouses’ Retirement Equity Act of 1982’.”
Pub. L. 88–643Pub. L. 102–496section 403 of this titleAny election made under the Central Intelligence Agency Retirement Act of 1964 for Certain Employees [ prior to enactment of , formerly set out as a note under ] before the effective date specified in section 805 [set out as an Effective Date note above] shall not be affected by the amendment made by section 802 [enacting this chapter] and shall be deemed to have been made under the corresponding provision of that Act as restated by section 802 as the Central Intelligence Agency Retirement Act.
“(b)
References .—
Any reference in any other Act, or in any Executive order, rule, or regulation, to the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, or to a provision of that Act, shall be deemed to refer to that Act and to the corresponding provision of that Act, as restated by section 802 as the Central Intelligence Agency Retirement Act.”
2 U.S.C. 651(c)Pub. L. 88–643“Any new spending authority (within the meaning of section 401(c) of the Congressional Budget Act of 1974 []) provided pursuant to the amendments made by this section [enacting section 226 and amending sections 221, 224, and 225 of ] shall be effective for any fiscal year only to such extent or in such amounts as are provided in appropriations Acts.”
, , , provided that:
Pub. L. 88–643section 307 of Pub. L. 102–88section 307(c) of Pub. L. 102–88section 3516 of this titleFor provision that any new spending authority (within the meaning of section 401(c) of the Congressional Budget Act of 1974) provided pursuant to the amendments made to sections 224 and 225 of by be effective for any fiscal year only to such extent or in such amounts as are provided in advance in appropriation Acts, see , set out as a Compliance With Budget Act note under .
Central Intelligence Agency Retirement and Disability Fund; Annuity Increase Payment; Monthly Rate
An annuity payable from the Central Intelligence Agency Retirement and Disability Fund to an annuitant which is based on a separation occurring prior to , is increased by $240 per annum.
“(b)
In lieu of any increase based on an increase under subsection (a) of this section, an annuity payable from the Central Intelligence Agency Retirement and Disability Fund to the surviving spouse of an annuitant, which is based on a separation occurring prior to , shall be increased by $132 per annum.
“(c)
78 Stat. 1043 50 U.S.C. 403section 221 of Pub. L. 88–643Pub. L. 102–49650 U.S.C. 2031(a)l The monthly rate of an annuity resulting from an increase under this section shall be considered as the monthly rate of annuity payable under section 221(a) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (; note) [ prior to enactment of ; see ] for purposes of computing the minimum annuity under new section 221() of the Act, as added by section 204 of this Act.”
, , , provided that:
Temporary Retirement Contributions and Procedures for Certain Participants
42 U.S.C. 401Pub. L. 98–168section 8331 of Title 5For temporary provisions providing modified contributions and procedures for officers and employees participating in the Central Intelligence Agency Retirement and Disability System who are also required to pay employment taxes relating to benefits under title II of the Social Security Act, et seq., until they are covered by a new Government retirement system or , whichever is earlier, see title II of , set out as a note under , Government Organization and Employees.
Contingent Once-a-Year Adjustment in Annuities
Pub. L. 88–643Pub. L. 88–643Pub. L. 96–342, title VIII, § 812(a)(3)94 Stat. 1098 section 1401a of Title 10For provisions which directed the President, subject to certain conditions, to provide for a single cost-of-living adjustment in the annuities paid under the Central Intelligence Agency Retirement Act of 1964 for Certain Employees [] during the period , to , and which further directed that, subject to the enactment of specified legislation providing for the adjustment of annuities paid under section 8331 et seq. of Title 5, Government Organization and Employees, the President exercise the authority vested in him under section 292 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees [] to provide for cost-of-living adjustments in the annuities paid under that Act on an identical basis, see , (4), (b)(3), (4), (c), , , set out as a note under , Armed Forces.
Executive Documents
Executive Order No. 11950
Ex. Ord. No. 11950, , 42 F.R. 1451, conformed Central Intelligence Agency and Civil Service Retirement 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, , 42 F.R. 61443, conformed Central Intelligence Agency and Civil Service Retirement and Disability Systems with regard to allotments or assignments of moneys by annuitants.
Executive Order No. 12197
Ex. Ord. No. 12197, , 45 F.R. 14833, conformed Central Intelligence Agency Retirement and Disability System to amendments to Civil Service Retirement and Disability System with regard to restoration of previously reduced annuities.
Executive Order No. 12253
Ex. Ord. No. 12253, , 45 F.R. 78995, conformed Central Intelligence Agency and Civil Service Retirement and Disability Systems with regard to definition of “dependent”.
Executive Order No. 12273
Ex. Ord. No. 12273, , 46 F.R. 5854, conformed 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, , 46 F.R. 48889, as amended by Ex. Ord. No. 12443, , 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, accuracy of information, and withholding of State income tax.
Executive Order No. 12443
Ex. Ord. No. 12443, , 48 F.R. 44751, conformed Central Intelligence Agency and Civil Service Retirement and Disability Systems with regard to restoration of disability retirement annuities, entitlement to and computation and payment of annuities, accuracy of information, and adjustments in amounts.
Executive Order No. 12485
Ex. Ord. No. 12485, , 49 F.R. 28827, conformed 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, , 54 F.R. 31643, conformed Central Intelligence Agency and Civil Service Retirement and Disability Systems with regard to considering part-time service in computing annuities and remarriage of surviving spouses.