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EXECUTIVE ORDER No. 12197 Ex. Ord. No. 12197, Mar. 5, 1980, 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, Nov. 25, 1980, 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, Jan. 16, 1981, 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, Sept. 30, 1981, 46 F.R. 48889, as amended by Ex. Ord. No. 12443, Sept. 27, 1983, 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, Sept. 27, 1983, 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.

(3) Surviving spouse (A) In general

The term “surviving spouse” means the surviving wife or husband of a participant or retired participant who (i) was married to the participant or retired participant for at least 9 months immediately preceding the participant's or retired participant's death, or (ii) who is the parent of a child born of the marriage. (B) Treatment when participant dies less than 9

months after marriage In a case in which the participant or retired participant dies within the 9-month period beginning on the date of the marriage, the requirement under subparagraph (A)(i) that a marriage have a duration of at least 9 months immediately preceding the death of the participant or retired participant shall be treated as having been met if

(i) the death of the participant or retired participant was accidental; or

(ii) the surviving wife or husband had been previously married to the participant or retired participant (and subsequently divorced) and the aggregate time

married is at least 9 months. (4) Former spouse

The term "former spouse" means a former wife or husband of a participant, former participant, or retired participant as follows: (A) Divorces on or before December 4, 1991

In the case of a divorce that became final on or before December 4, 1991, such term means a former wife or husband of a participant, former participant, or retired participant who was married to such participant for not less than 10 years during periods of the participant's creditable service, at least 5 years of which were spent outside the United States by both such participant and former wife or husband during the participant's service as an employee of the Agency. (B) Divorces after December 4, 1991

In the case of a divorce that becomes final after December 4, 1991, such term means a former wife or husband of a participant, former participant, or retired participant who was married to such participant for not less than 10 years during periods of the participant's creditable service, at least 5 years of which were spent by the participant during the participant's service as an employee of the Agency (i) outside the United States, or (ii) otherwise in a position the duties of which qualified the participant for designation by the Director as a participant under section 2013 of this title. (C) Creditable service

For purposes of subparagraphs (A) and (B), the term "creditable service" means all periods of a participant's service that are creditable under sections 2081, 2082, and 2083 of this title.

EXECUTIVE ORDER No. 12485 Ex. Ord. No. 12485, July 13, 1984, 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, July 27, 1989, 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.

8 2002. Definitions relating to participants and annu

itants

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(a) General definitions

When used in subchapter II of this chapter: (1) Former participant

The term “former participant” means person who

(A) while an employee of the Agency was a participant in the system; and

(B) separates from the Agency without entitlement to immediate receipt of an an

nuity from the fund. (2) Retired participant

The term "retired participant” means person who

(A) while an employee of the Agency was a participant in the system; and

(B) is entitled to receive an annuity from the fund based upon such person's service as a participant.

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(5) Previous spouse

The term “previous spouse” means an individual who was married for at least 9 months to a participant, former participant, or retired participant who had at least 18 months of service which are creditable under sections 2081, 2082, and 2083 of this title. (6) Spousal agreement

The term "spousal agreementmeans an agreement between a participant, former participant, or retired participant and the participant, former participant, or retired participant's spouse or former spouse that,

(A) is in writing, is signed by the parties, and is notarized;

(B) has not been modified by court order; and

(C) has been authenticated by the Director. (7) Court order The term “court order" means

(A) a court decree of divorce, annulment, or legal separation; or

(B) a court order or court-approved property settlement agreement incident to such court decree of divorce, annulment, or legal

separation. (8) Court

The term "court” means a court of a State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin Islands, and any Indian

court. (b) “Child" defined

For purposes of sections 2031 and 2052 of this title: (1) In general

The term “child” means any of the following: (A) Minor children

An unmarried dependent child under 18 years of age, including

(i) an adopted child;

(ii) a stepchild, but only if the stepchild lived with the participant or retired participant in a regular parent-child relationship;

(iii) a recognized natural child; and

(iv) a child who lived with the participant, for whom a petition of adoption was filed by the participant or retired participant, and who is adopted by the surviving spouse after the death of the participant

or retired participant.
(B) Disabled adult children

An unmarried dependent child, regardless
of age, who is incapable of self-support be-
cause of a physical or mental disability in-
curred before age 18.
(C) Students

An unmarried dependent child between 18 and 22 years of age who is a student regularly pursuing a full-time course of study or training in residence in a high school, trade school, technical or vocational institute,

junior college, college, university, or compa

rable recognized educational institution. (2) Special rules for students (A) Extension of age termination of status as

"child” For purposes of this subsection, a child whose 22nd birthday occurs before July 1 or after August 31 of a calendar year, and while regularly pursuing such a course of study or training, shall be treated as having attained the age of 22 on the first day of July following that birthday. (B) Treatment of interim period between school

years A child who is a student is deemed not to have ceased to be a student during an interim between school years if the interim does not exceed 5 months and if the child shows to the satisfaction of the Director that the child has a bona fide intention of continuing to pursue a course of study or training in the same or different school during the school semester (or other period into which the school year is divided) immediately fol

lowing the interim. (3) “Dependent" defined

For purposes of this subsection, the term “dependent”, with respect to the child of a participant or retired participant, means that the participant or retired participant was, at the time of the death of the participant or retired participant, either living with or contributing to the support of the child, as determined in accordance with regulations prescribed under subchapter II of this chapter. (4) Exclusion of stepchildren from lump-sum pay.

ment For purposes of section 2071(c) of this title, the term "child" includes an adopted child 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.)

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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 403n, 403s, 2031, 2154 of this title.

SUBCHAPTER II–CENTRAL INTELLI. GENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 2001, 2002, 2151, 2154 of this title; title 22 sections 4071b, 4071c, 4071d.

PART A-ESTABLISHMENT OF SYSTEM

EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103-178 effective Feb. 1, 1993, see section 202(b) of Pub. L. 103-178, set out as a note under section 2001 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2155 of this title.

8 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

und”), originally created pursuant title II of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees. (Pub. L. 88-643, title II, § 202, as added Pub. L. 102-496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3201.)

8 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 implement section 403-3(c)(5) of this title that the Director of Central 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), any determination by the Director authorized by this chapter shall be final and conclusive and shall not be subject to review by any court. (Pub. L. 88-643, title II, $ 201, as added Pub. L. 102-496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3201; amended Pub. L. 103-178, title II, § 202(a)(2), Dec. 3, 1993, 107 Stat. 2026.)

REFERENCES IN TEXT The Central Intelligence Agency Retirement Act of 1964 for Certain Employees, referred to in text, is Pub. L. 88-643, Oct. 13, 1964, 78 Stat. 1043, as amended, which was formerly set out as a note under section 403 of this title. Pub. L. 88-643 was revised generally by Pub. L. 102-496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3196, and is now known as the Central Intelligence Agency Retirement Act. As so revised, title II of Pub. L. 88-643 is classified generally to this subchapter.

to

PRIOR PROVISIONS A prior section 202 of Pub. L. 88-643, title II, Oct. 13, 1964, 78 Stat. 1043, related to establishment and maintenance of the Central Intelligence Agency Retirement and Disability Fund 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.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 403j of this title.

8 2013. Participants in CIARDS system

REFERENCES IN TEXT The Central Intelligence Agency Retirement Act of 1964 for Certain Employees, referred to in subsec. (a)(1), is Pub. L. 88-643, Oct. 13, 1964, 78 Stat. 1043, as amended, which was formerly set out as a note under section 403 of this title. Pub. L. 88-643 was revised generally by Pub. L. 102-496, title VIII, $ 802, Oct. 24, 1992, 106 Stat. 3196, and is now known as the Central Intelligence Agency Retirement Act. As so revised, title II of Pub. L. 88-643 is classified generally to this subchapter.

PRIOR PROVISIONS A prior section 201 of Pub. L. 88-643, title II, Oct. 13, 1964, 78 Stat. 1043; Pub. L. 98-618, title III, § 302, Nov. 8, 1984, 98 Stat. 3300; Pub. L. 99-335, title V, $ 501(1), June 6, 1986, 100 Stat. 622, related to rules and regulations 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.

(a) Designation of participants

The Director may from time to time designate employees of the Agency who shall be entitled to participate in the system. Employees so designated who elect to participate in the system are referred to in this chapter as “participants". (b) Qualifying service

Designation of employees under this section may be made only from among employees of the Agency who have completed at least 5 years of qualifying service. For purposes of this chapter, qualifying service is service in the Agency performed in carrying out duties that are determined by the Director

(1) to be in support of Agency activities abroad hazardous to life or health; or

(2) to be so specialized because of security requirements as to be clearly distinguishable from normal government employment.

AMENDMENTS 1993–Subsec. (c). Pub. L. 103-178 substituted "section 403-3(c)(5) of this title" for "the proviso of section 403(d)(3) of this title".

(2) Agency contributions

An equal amount shall be contributed to the fund for that pay period from the appropriation or fund which is used for payment of the participant's basic pay. (3) 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.

(c) Election of employee to be participant (1) Permanence of election

An employee of the Agency who elects to accept designation as a participant in the system shall remain a participant of the system for the duration of that individual's employment with the Agency. (2) Irrevocability of election

Such an election shall be irrevocable except as and to the extent provided in section 2151(d) of this title. (3) Election not subject to approval

An election under this section is not subject to review or approval by the Director. (Pub. L. 88-643, title II, § 203, as added Pub. L. 102-496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3202.)

PRIOR PROVISIONS A prior section 203 of Pub. L. 88-643, title II, Oct. 13, 1964, 78 Stat. 1044; Pub. L. 102-88, title III, § 303, Aug. 14, 1991, 105 Stat. 431, related to participants in the 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.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 403p, 403r, 403s, 2001, 2002, 2151, 2152, 2154 of this title.

8 2014. Annuitants

Persons who are annuitants under the system are

(1) those persons who, on the basis of their service in the Agency, have met all requirements for an annuity under this subchapter or any other Act and are receiving an annuity from the fund; and

(2) those persons who, on the basis of someone else's service, meet all the requirements under this subchapter or any other Act for an

annuity payable from the fund. (Pub. L. 88-643, title II, $ 204, as added Pub. L. 102-496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3202.)

(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 serv

ice (1) Accrual of interest

Amounts 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 section 2031(a)(2) of this title) shall accrue interest. Such interest shall accrue at the rate of 3 percent a year through December 31, 1984, and thereafter at the rate computed under section 8334(e) of title 5, 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 sery.

ice

PRIOR PROVISIONS A prior section 204 of Pub. L. 88-643, title II, Oct. 13, 1964, 78 Stat. 1044; Pub. L. 91-626, § 1, Dec. 31, 1970, 84 Stat. 1872; Pub. L. 94-552, title II, $ 201, Oct. 17, 1976, 90 Stat. 2468; Pub. L. 97-269, title VI, $ 602, Sept. 27, 1982, 96 Stat. 1145; Pub. L. 99-335, title V, & 501(2), June 6, 1986, 100 Stat. 622; Pub. L. 102-88, title III, § 302, Aug. 14, 1991, 105 Stat. 431; Pub. L. 102-183, title III, $$ 302(C), 310(a), Dec. 4, 1991, 105 Stat. 1263, 1266, related to annuitants under the 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,

(A) Use for deposits due under section 2082(b)

Amounts 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 section 2082(b) of this title. (B) Lump-sum payment

Any 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 subsection 1

PART B-CONTRIBUTIONS

8 2021. Contributions to fund
(a) In general
(1) Participant's contributions

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

So in original. Probably should be "section".

under section 403 of this title prior to the general amendment of Pub. L. 88-643 by section 802 of Pub. L. 102-496.

2071(c) of this title), 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) to purchase an additional annuity in accordance with section 2121 of this title;

AMENDMENTS 1993–Subsec. (c)(2)(B). Pub. L. 103-178 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 Di. rector 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 section 2071(b)(4) of this title".

or

EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103-178 effective Feb. 1, 1993, see section 202(b) of Pub. L. 103-178, set out as a note under section 2001 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2031, 2091, 2111 of this title.

PART C-COMPUTATION OF ANNUITIES

8 2031. Computation of annuities

(ii) provide any additional survivor benefit for a current or former spouse or

spouses. (d) Offset for social security taxes (1) Persons covered

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

(A) is employment for the purposes of title II of the Social Security Act (42 U.S.C. 401 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) of this section by the basic pay payable to the participant for that pay period, over

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

period. (Pub. L. 88-643, title II, $ 211, as added Pub. L. 102-496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3202; amended Pub. L. 103-178, title II, $ 202(a)(3), Dec. 3, 1993, 107 Stat. 2026.)

REFERENCES IN TEXT The Social Security Act, referred to in subsec. (d)(1)(A), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. 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 section 1305 of Title 42 and Tables.

(a) Annuity of participant
(1) Computation of annuity

The annuity of a participant is the product of

(A) the participant's high-3 average pay (as defined in paragraph (4)); and

(B) the number of years, not exceeding 35, of service credit (determined in accordance with sections 2081 and 2082 of this

title) multiplied by 2 percent. (2) Credit for unused sick leave

The total service of a participant who retires on an immediate annuity (except under section 2051 of this title) or who dies leaving a survivor or survivors entitled to an annuity shall include (without regard to the 35-year limitation prescribed in paragraph (1)) the days of unused sick leave to the credit of the participant. Days of unused sick leave may not be counted in determining average basic pay or eligibility for an annuity under this subchapter. A deposit shall not be required for days of unused sick leave credited under this paragraph. (3) Crediting of part-time service (A) In general

In the case of a participant whose service includes service on a part-time basis performed after April 6, 1986, the participant's annuity shall be the sum of the amounts determined under subparagraphs (B) and (C). (B) Computation of pre-April 7, 1986, annuity

The portion of an annuity referred to in subparagraph (A) with respect to service before April 7, 1986, shall be the amount computed under paragraph (1) using the participant's length of service before that date (increased by the unused sick leave to the credit of the participant at the time of retirement) and the participant's high-3 average pay.

PRIOR PROVISIONS A prior section 211 of Pub. L. 88-643, title II, Oct. 13, 1964, 78 Stat. 1045; Pub. L. 91-185, § 1, Dec. 30, 1969, 83 Stat. 847; Pub. L. 97-269, title VI, $ 611, Sept. 27, 1982, 96 Stat. 1153; Pub. L. 99-335, title V, $ $ 501(2), 502, June 6, 1986, 100 Stat. 622, 623; Pub. L. 99-514. $ 2, Oct. 22, 1986, 100 Stat. 2095, related to compulsory contributions to the fund and was set out as a note

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