SUBCHAPTER I—DEFINITIONS
§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
(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
(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 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.
(
Editorial Notes
Prior Provisions
A prior section 101 of
Amendments
2004—Par. (2).
1993—Par. (7).
Statutory Notes and Related Subsidiaries
Effective Date of 2004 Amendment
For Determination by President that amendment by
Amendment by
Effective Date of 1993 Amendment
Effective Date
Effective Date of Amendments to Pub. L. 88–643 Prior to Enactment of Pub. L. 102–496
"(2)(A) The amendment made by subsection (a)(2) [enacting section 221(q) of
"(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)."
"(1) The amendment made by subsection (a)(1) [amending section 226(a) of
"(2) The amendments made by subsections (a)(2) and (a)(3) [amending section 226(a) of
"(1) The amendments made by subsection (a) [amending sections 221, 222, and 232 of
"(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 [Aug. 14, 1991]."
Amendment by section 307 of
"(c)(1) Except as provided in paragraph (2), the amendments made by this section [amending
"(2) The amendment made by subsection (b)(2) [amending section 304 of
"(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 [Dec. 2, 1987].
"(e) 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 [
Amendment by section 302(a) of
"(a) Except as provided in subsections (b) and (c) of this section, this title [enacting
"(b) The provisions of section 222(a) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees [
"(c) Except to the extent provided in section 223 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees [
"(a) This Act [amending
"(b) 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
"(c) The amendment made by section 203 [enacting section 221(f)(2) of
"(d) The amendment made by section 210 [amending section 251 of
"(e) The amendment in section 211 [amending section 252(a)(2) of
"(f) The amendment in section 212 [enacting section 264 of
"(g) The amendment to recompute a reduced annuity during periods when not married in section 202 [amending section 221(b) of
"(h) Annuity increases under sections 204 [enacting section 221(l) of
"(a) The amendments made by section 1 [amending section 211(a) of
"(b) The amendments made by sections 3, 4 [amending sections 231(a) and 232(h) of
"(c) The amendments made by sections 2(c) and 5 [amending sections 221(c) and 291 of
"(d) 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
Short Title of 1993 Amendment
Short Title of 1992 Amendment
Short Title of 1982 Amendment
Short Title
Savings Provision
"(a)
"(b)
Funding Requirements for Amendments to Pub. L. 88–643 Prior to Enactment of Pub. L. 102–496
For 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
Central Intelligence Agency Retirement and Disability Fund; Annuity Increase Payment; Monthly Rate
"(a) An annuity payable from the Central Intelligence Agency Retirement and Disability Fund to an annuitant which is based on a separation occurring prior to October 20, 1969, 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 October 20, 1969, shall be increased by $132 per annum.
"(c) 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 (
Temporary Retirement Contributions and Procedures for Certain Participants
For 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,
Contingent Once-a-Year Adjustment in Annuities
For 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 [
Executive Documents
Executive Order No. 11950
Ex. Ord. No. 11950, Jan. 6, 1977, 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, Dec. 1, 1977, 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, 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.
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.
§2002. Definitions relating to participants and annuitants
(a) General definitions
When used in subchapter II:
(1) Former participant
The term "former participant" means a 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 annuity from the fund.
(2) Retired participant
The term "retired participant" means a 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.
(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
(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
(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
(6) Spousal agreement
The term "spousal agreement" means 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
(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 because of a physical or mental disability incurred 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 comparable 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 following 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.
(4) Exclusion of stepchildren from lump-sum payment
For purposes of
(
Editorial Notes
Prior Provisions
A prior section 111 of
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of