50 U.S.C. § 2021 | Contributions to fund

(a)

In general

(1)

Definition

In this subsection, the term “revised annuity participant” means an individual who—

(A)

December 31, 2012 on —

(i)

is not a participant;

(ii)

is not performing qualifying service; and

(iii)

has less than 5 years of qualifying service; and

(B)

December 31, 2012 after , becomes a participant performing qualifying service.

(2)

Contributions

(A)

In general

Except as provided in subsection (d), 7 percent of the basic pay received by a participant other than a revised annuity participant for any pay period shall be deducted and withheld from the pay of that participant and contributed to the fund.

(B)

Revised annuity participants

Except as provided in subsection (d), 9.3 percent of the basic pay received by a revised annuity participant for any pay period shall be deducted and withheld from the pay of that revised annuity participant and contributed to the fund.

(3)

Agency contributions

(A)

In general

An amount equal to 7 percent of the basic pay received by a participant other than a revised annuity participant shall be contributed to the fund for a pay period for the participant from the appropriation or fund which is used for payment of the participant’s basic pay.

(B)

Revised annuity participants

An amount equal to 4.7 percent of the basic pay received by a revised annuity participant shall be contributed to the fund for a pay period for the revised annuity participant from the appropriation or fund which is used for payment of the revised annuity participant’s basic pay.

(4)

Deposits to the fund

The amounts deducted and withheld from basic pay, together with the amounts so contributed from the appropriation or fund, shall be deposited by the Director to the credit of the fund.

(b)

Consent of participant to deductions from pay

Each participant shall be deemed to consent and agree to such deductions from basic pay, and payment less such deductions shall be a full and complete discharge and acquittance of all claims and demands whatsoever for all regular services during the period covered by such payment, except the right to the benefits to which the participant is entitled under this subchapter, notwithstanding any law, rule, or regulation affecting the individual’s pay.

(c)

Treatment of contributions after 35 years of service

(1)

Accrual of interest

section 2031(a)(2) of this titleDecember 31, 1984section 8334(e) of title 5Amounts deducted and withheld from the basic pay of a participant under this section for pay periods after the first day of the first pay period beginning after the day on which the participant completes 35 years of creditable service computed under sections 2081 and 2082 of this title (excluding service credit for unused sick leave under ) shall accrue interest. Such interest shall accrue at the rate of 3 percent a year through , and thereafter at the rate computed under , and shall be compounded annually from the date on which the amount is so deducted and withheld until the date of the participant’s retirement or death.

(2)

Use of amounts withheld after 35 years of service

(A)

Use for deposits due under section 2082(b)

section 2082(b) of this titleAmounts described in paragraph (1), including interest accrued on such amounts, shall be applied upon the participant’s retirement or death toward any deposit due under .

(B)

Lump-sum payment

section 2071(c) of this titleAny balance of such amounts not so required for such a deposit shall be refunded to the participant in a lump sum after the participant’s separation (or, in the event of a death in service, to a beneficiary in order of precedence specified in ), subject to prior notification of a current spouse, if any, unless the participant establishes to the satisfaction of the Director, in accordance with regulations which the Director may prescribe, that the participant does not know, and has taken all reasonable steps to determine, the whereabouts of the current spouse.

(C)

Purchases of additional elective benefits

In lieu of such a lump-sum payment, the participant may use such amounts—

(i)

section 2121 of this title to purchase an additional annuity in accordance with ; or

(ii)

provide any additional survivor benefit for a current or former spouse or spouses.

(d)

Offset for social security taxes

(1)

Persons covered

January 1, 1984In the case of a participant who was a participant subject to this subchapter before , and whose service—

(A)

42 U.S.C. 401 is employment for the purposes of title II of the Social Security Act [ et seq.] and chapter 21 of title 26, and

(B)

is not creditable service for any purpose under subchapter III of this chapter or chapter 84 of title 5,

there shall be deducted and withheld from the basic pay of the participant under this section during any pay period only the amount computed under paragraph (2).

(2)

Reduction in contribution

The amount deducted and withheld from the basic pay of a participant during any pay period pursuant to paragraph (1) shall be the excess of—

(A)

the amount determined by multiplying the percent applicable to the participant under subsection (a) by the basic pay payable to the participant for that pay period, over

(B)

section 3101(a) of title 26 the amount of the taxes deducted and withheld from such basic pay under (relating to old-age, survivors, and disability insurance) for that pay period.

Pub. L. 88–643, title II, § 211 Pub. L. 102–496, title VIII, § 802Oct. 24, 1992106 Stat. 3202 Pub. L. 103–178, title II, § 202(a)(3)Dec. 3, 1993107 Stat. 2026 Pub. L. 112–96, title V, § 5003Feb. 22, 2012126 Stat. 200 Pub. L. 118–31, div. G, title IX, § 7901(d)(1)Dec. 22, 2023137 Stat. 1106 (, as added , , ; amended , , ; , , ; , , .)

Editorial Notes

References in Text

act Aug. 14, 1935, ch. 531 49 Stat. 620 section 1305 of Title 42The Social Security Act, referred to in subsec. (d)(1)(A), is , . Title II of the Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see and Tables.

Prior Provisions

section 211 of Pub. L. 88–643Oct. 13, 196478 Stat. 1045 Pub. L. 91–185, § 1Dec. 30, 196983 Stat. 847 Pub. L. 97–269, title VI, § 611Sept. 27, 198296 Stat. 1153 Pub. L. 99–335, title VJune 6, 1986100 Stat. 622 Pub. L. 99–514, § 2Oct. 22, 1986100 Stat. 2095 section 403 of this title Pub. L. 88–643 section 802 of Pub. L. 102–496A prior , title II, , ; , , ; , , ; , §§ 501(2), 502, , , 623; , , , related to compulsory contributions to the fund and was set out as a note under prior to the general amendment of by .

Amendments

Pub. L. 118–312023—Subsec. (c)(2)(B). substituted “section 2071(c)” for “subsection 2071(c)”.

Pub. L. 112–962012—Subsec. (a). added pars. (1) to (3), redesignated former par. (3) as (4), and struck out former pars. (1) and (2) which related to participant’s contributions and agency contributions, respectively.

Pub. L. 103–178 section 2071(b)(4) of this title1993—Subsec. (c)(2)(B). substituted “prior notification of a current spouse, if any, unless the participant establishes to the satisfaction of the Director, in accordance with regulations which the Director may prescribe, that the participant does not know, and has taken all reasonable steps to determine, the whereabouts of the current spouse” for “the requirement under ”.

Statutory Notes and Related Subsidiaries

Effective Date of 1993 Amendment

Pub. L. 103–178Feb. 1, 1993section 202(b) of Pub. L. 103–178 section 2001 of this titleAmendment by effective , see , set out as a note under .

Effective Date

Oct. 24, 1992section 805 of Pub. L. 102–496 section 2001 of this titleSection effective on first day of fourth month beginning after , see , set out as a note under .

Temporary Adjustment of Contribution Levels

Pub. L. 106–346, § 101(a) [title V, § 505(g)]Oct. 23, 2000114 Stat. 1356

50 U.S.C. 2021(a)(2)October 1, 2002December 31, 2002“Notwithstanding [former] section 211(a)(2) of the Central Intelligence Agency Retirement Act (), during the period beginning on , through , the Central Intelligence Agency shall contribute 7.5 percent of the basic pay of an employee participating in the Central Intelligence Agency Retirement and Disability System in lieu of the agency contribution otherwise required under section 211(a)(2) of such Act.”

, , , 1356A–54, provided that:

Pub. L. 105–33, title VII, § 7001(c)(1)Aug. 5, 1997111 Stat. 658 Pub. L. 106–346, § 101(a) [title V, § 505(c)(1)]Oct. 23, 2000114 Stat. 1356

“(1)

Agency contributions .—

50 U.S.C. 2021(a)(2)October 1, 1997September 30, 2002Notwithstanding [former] section 211(a)(2) of the Central Intelligence Agency Retirement Act (), during the period beginning on , through , the Central Intelligence Agency shall contribute 8.51 percent of the basic pay of an employee participating in the Central Intelligence Agency Retirement and Disability System in lieu of the agency contribution otherwise required under section 211(a)(2) of such Act.

“(2)

Individual deductions, withholdings, and deposits .—

50 U.S.C. 2021(a)(1)January 1, 1999December 31, 2000


	7.25	January 1, 1999, to December 31, 1999.
	7.4	January 1, 2000, to December 31, 2000.”

Notwithstanding [former] section 211(a)(1) of the Central Intelligence Agency Retirement Act () beginning on , through , the percentage deducted and withheld from the basic pay of an employee participating in the Central Intelligence Agency Retirement and Disability System shall be as follows:

, (2), , , as amended by , , , 1356A–53, provided that: