Prior Provisions
A prior
section 101 of Pub. L. 88–643, title I, Oct. 13, 1964, 78 Stat. 1043, provided a
Short Title
for Pub. L. 88–643 as the “Central Intelligence Agency Retirement Act of 1964 for Certain Employees” 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.
Amendments
2004—Par. (2). Pub. L. 108–458 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.” 1993—Par. (7). Pub. L. 103–178 substituted “basic pay and amounts deposited” for “basic pay, amounts deposited” and struck out “, and interest determined under
section 2121 of this title” after “
section 2082(h) of this title”.
Statutory Notes and Related Subsidiaries
Effective Date
of 2004 AmendmentFor Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under
section 3001 of this title. Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see
section 1097(a) of Pub. L. 108–458, set out in an
Effective Date
of 2004 Amendment; Transition Provisions note under
section 3001 of this title.
Effective Date
of 1993 Amendment Pub. L. 103–178, title II, § 202(b), Dec. 3, 1993, 107 Stat. 2027, provided that: “The
Amendments
made by subsection (a) [amending this section and
section 2011, 2021, 2031, 2032, 2034, 2035, 2051, 2052, 2054, 2071, 2094, 2095, 2131, and 2154 of this title] shall take effect as of February 1, 1993.”
Effective Date
Pub. L. 102–496, title VIII, § 805, Oct. 24, 1992, 106 Stat. 3254, provided that: “The
Amendments
made by
section 802 and
803 [enacting this chapter and amending
section 3514, 3518, 3519, and 3607 of this title,
section 8347 and
8423 of Title 5, Government Organization and Employees, and
section 1605 of Title 10, Armed Forces] shall take effect on the first day of the fourth month beginning after the date of the enactment of this Act [Oct. 24, 1992].”
Effective Date
of
Amendments
to Pub. L. 88–643 Prior to Enactment of Pub. L. 102–496 Pub. L. 102–183, title III, § 302(d), Dec. 4, 1991, 105 Stat. 1263, provided that: “The
Amendments
made by this section [amending
section 204(b)(3), 221(c)–(e), and 232(c)–(e) of Pub. L. 88–643] shall take effect on the first day of the fourth month beginning after the date of the enactment of this Act [Dec. 4, 1991] 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. 102–183, title III, § 303(b), Dec. 4, 1991, 105 Stat. 1264, provided that: “(1) The
Amendments
made by subsection (a) [amending
section 221(p)–(r) of Pub. L. 88–643] shall take effect on the first day of the fourth month beginning after the date of the enactment of this Act [Dec. 4, 1991]. “(2)(A) The amendment made by subsection (a)(2) [enacting
section 221(q) of Pub. L. 88–643] 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).” Pub. L. 102–183, title III, § 306(c), Dec. 4, 1991, 105 Stat. 1265, provided that: “(1) The amendment made by subsection (a)(1) [amending
section 226(a) of Pub. L. 88–643] shall be deemed to have become effective as of September 30, 1990, and shall apply in the case of annuitants whose divorce occurs on or after that date. “(2) The
Amendments
made by subsections (a)(2) and (a)(3) [amending
section 226(a) of Pub. L. 88–643] shall be deemed to have become effective as of
September 29, 1988.” Pub. L. 102–183, title III, § 309(b), Dec. 4, 1991, 105 Stat. 1266, provided that: “Subsection (h) of
section 304 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees [Pub. L. 88–643], as added by subsection (a), shall be deemed to have become effective as of
December 2, 1987.” Pub. L. 102–183, title III, § 310(b), Dec. 4, 1991, 105 Stat. 1267, provided that: “The amendment made by subsection (a) [amending
section 204(b)(4) of Pub. L. 88–643] 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 [Dec. 4, 1991].” Pub. L. 102–88, title III, § 305(b), Aug. 14, 1991, 105 Stat. 432, provided that: “(1) The
Amendments
made by subsection (a) [amending
section 221, 222, and 232 of Pub. L. 88–643] relating to widows or widowers shall apply in the case of a surviving spouse’s remarriage occurring on or after July 27, 1989, 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 [Aug. 14, 1991].” Amendment by
section 307 of Pub. L. 102–88 (amending
section 224 and
225 of Pub. L. 88–643) effective as of Oct. 1, 1990, and no benefits provided pursuant to such amendment to be payable with respect to any period before such date, see
section 307(d) of Pub. L. 102–88, set out as an
Effective Date
of 1991 Amendment note under
section 3516 of this title. Pub. L. 101–193, title III, § 304(b), Nov. 30, 1989, 103 Stat. 1703, provided that: “The amendment made by this section [amending
section 224(a)(2) of Pub. L. 88–643] shall be effective as of October 1, 1986.” Pub. L. 100–453, title III, § 302(b)(2), Sept. 29, 1988, 102 Stat. 1907, provided that: “The
Amendments
made by paragraph (1) [amending
section 224 of Pub. L. 88–643] shall take effect as of
October 1, 1986.” Pub. L. 100–453, title III, § 302(c)(2), Sept. 29, 1988, 102 Stat. 1907, provided that: “The amendment made by paragraph (1) [amending
section 225(a) of Pub. L. 88–643] shall take effect as of
December 2, 1987.” Pub. L. 100–453, title III, § 302(d)(3), Sept. 29, 1988, 102 Stat. 1907, provided that: “The amendment made by this subsection [amending
section 221(n), (p) of Pub. L. 88–643] shall apply to marriages which occur on or after
May 7, 1985.” Pub. L. 100–178, title IV, § 402(c)–(e), Dec. 2, 1987, 101 Stat. 1014, provided that: “(c)(1) Except as provided in paragraph (2), the
Amendments
made by this section [amending
section 3514 of this title and
section 221(o)(2), 232(b), and 304 of Pub. L. 88–643] shall take effect on November 15, 1982, the
Effective Date
of the Central Intelligence Agency Spouses’ Retirement Equity Act of 1982. “(2) The amendment made by subsection (b)(2) [amending
section 304 of Pub. L. 88–643] shall take effect on January 1, 1987, 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 [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 [Pub. L. 88–643] before the date of enactment of this Act [Dec. 2, 1987]”. Amendment by
section 302(a) of Pub. L. 99–569 (enacting
section 224 of Pub. L. 88–643) effective Oct. 1, 1986, see
section 302(d) of Pub. L. 99–569, set out as an
Effective Date
of 1986 Amendment note under
section 3514 of this title. Pub. L. 97–269, title VI, § 613, Sept. 27, 1982, 96 Stat. 1154, provided that: “(a) Except as provided in subsections (b) and (c) of this section, this title [enacting
section 3514 of this title and
section 222 and
223 of Pub. L. 88–643 and amending
section 204, 211, 221, 234, and 263 of Pub. L. 88–643] shall take effect on November 15, 1982. “(b) The provisions of
section 222(a) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees [Pub. L. 88–643], 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 [Nov. 15, 1982] becomes a former spouse of an individual who separates from service with the Agency after such date. “(c) Except to the extent provided in
section 223 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees [Pub. L. 88–643], 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 [Nov. 15, 1982] becomes a former spouse of a participant or former participant in the Central Intelligence Agency Retirement and Disability System.” Pub. L. 94–522, title II, § 215, Oct. 17, 1976, 90 Stat. 2472, provided that: “(a) This Act [amending Pub. L. 88–643] shall become effective October 1, 1976. “(b) The
Amendments
made by
section 201(a), (b), (c), and (d), 202, and 208 [amending
section 204(a), (b)(2), (3)(i), 221(b) and 232(b) of Pub. L. 88–643] shall not apply in the case of participants who died before January 8, 1971. The
Amendments
made by
section 201(e) [amending
section 204 of Pub. L. 88–643] shall not apply in the case of participants who died before April 9, 1974. 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) The amendment made by
section 203 [enacting
section 221(f)(2) of Pub. L. 88–643] shall apply to a participant who married prior to enactment [Oct. 17, 1976] but only if the election is made within one year after enactment [Oct. 17, 1976]. “(d) The amendment made by
section 210 [amending
section 251 of Pub. L. 88–643] is effective only with respect to annuity accruing for full months beginning after
January 8, 1971; 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
January 8, 1971. 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) The amendment in
section 211 [amending
section 252(a)(2) of Pub. L. 88–643] to credit certain service in the Public Health Service is effective as of
April 8, 1960, and the amendment to credit certain service in the National Oceanic and Atmospheric Administration is effective as of
September 14, 1961. “(f) The amendment in
section 212 [enacting
section 264 of Pub. L. 88–643] is effective as of
June 30, 1974. “(g) The amendment to recompute a reduced annuity during periods when not married in
section 202 [amending
section 221(b) of Pub. L. 88–643] shall apply to annuities which commence before, on, or after the date of enactment of this Act [Oct. 17, 1976], but no increase in annuity shall be paid for any period prior to
November 1, 1974. “(h) Annuity increases under
section 204 [enacting
section 221(l) of Pub. L. 88–643] and 214 [set out below] shall apply to annuities which commence before, on, or after the date of enactment of this Act [Oct. 17, 1976], but no increase in annuity shall be paid for any period prior to
August 1, 1974, or the date on which the annuity commences, whichever is later.” Pub. L. 93–210, § 1(b), Dec. 28, 1973, 87 Stat. 908, provided that: “The
Amendments
made by subsection (a) [amending
section 291(b) of Pub. L. 88–643] shall apply only with respect to annuities which commence on or after July 2, 1973.” Pub. L. 91–185, § 6, Dec. 30, 1969, 83 Stat. 849, provided that: “(a) The
Amendments
made by
section 1 [amending
section 211(a) of Pub. L. 88–643, set out above] shall become effective at the beginning of the first applicable pay period beginning after December 31, 1969. “(b) The
Amendments
made by
section 3, 4 [amending
section 231(a) and 232(h) of Pub. L. 88–643], and 2 [amending
section 221 of Pub. L. 88–643], with the exception of 2(c) [amending subsec. (c) thereof], shall become effective October 20, 1969. “(c) The
Amendments
made by
section 2(c) and 5 [amending
section 221(c) and 291 of Pub. L. 88–643] shall become effective November 1, 1969. “(d) The
Amendments
made by
section 2(a), 2(e), 3, and 4(a)(1)–(2) [amending
section 221(a), adding
section 221(h), and amending
section 231(a) and 232(b) of Pub. L. 88–643] shall not apply in the cases of persons retired or otherwise separated prior to October 20, 1969, 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.”
Short Title
of 1993 Amendment Pub. L. 103–36, § 1, June 8, 1993, 107 Stat. 104, provided that: “This Act [amending
section 2053 of this title and enacting provisions set out as a note under
section 403–4 of this title] may be cited as the ‘Central Intelligence Agency Voluntary Separation Pay Act’.”
Short Title
of 1992 Amendment Pub. L. 102–496, title VIII, § 801, Oct. 24, 1992, 106 Stat. 3196, provided that: “This title [enacting this chapter, amending
section 403n, 403r, 403r–1, and 403s of this title,
section 8347 and
8423 of Title 5, Government Organization and Employees,
section 1605 of Title 10, 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
section 402 of this title] may be cited as the ‘CIARDS Technical Corrections Act of 1992’.”
Short Title
of 1982 Amendment Pub. L. 97–269, title VI, § 601, Sept. 27, 1982, 96 Stat. 1145, provided that: “This title [enacting
section 403n of this title and amending Pub. L. 88–643] may be cited as the ‘Central Intelligence Agency Spouses’ Retirement Equity Act of 1982’.”
Short Title
Pub. L. 88–643, § 1(a), as added by Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3196, provided that: “This Act [enacting this chapter] may be cited as the ‘Central Intelligence Agency Retirement Act’.”
Savings Provision
Pub. L. 102–496, title VIII, § 804, Oct. 24, 1992, 106 Stat. 3253, provided that: “(a) Prior Elections.—Any election made under the Central Intelligence Agency Retirement Act of 1964 for Certain Employees [Pub. L. 88–643 prior to enactment of Pub. L. 102–496, formerly set out as a note under
section 403 of this title] 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.” Funding Requirements for
Amendments
to Pub. L. 88–643 Prior to Enactment of Pub. L. 102–496 Pub. L. 100–453, title III, § 302(e), Sept. 29, 1988, 102 Stat. 1907, provided that: “Any new spending authority (within the meaning of
section 401(c) of the Congressional Budget Act of 1974 [2 U.S.C. 651(c)]) provided pursuant to the
Amendments
made by this section [enacting
section 226 and amending
section 221, 224, and 225 of Pub. L. 88–643] shall be effective for any fiscal year only to such extent or in such amounts as are provided in appropriations Acts.” 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
section 224 and
225 of Pub. L. 88–643 by
section 307 of Pub. L. 102–88 be effective for any fiscal year only to such extent or in such amounts as are provided in advance in appropriation Acts, see
section 307(c) of Pub. L. 102–88, set out as a Compliance With Budget Act note under
section 3516 of this title. Central Intelligence Agency Retirement and Disability Fund; Annuity Increase Payment; Monthly Rate Pub. L. 94–522, title II, § 214, Oct. 17, 1976, 90 Stat. 2472, provided that: “(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 (78 Stat. 1043; 50 U.S.C. 403 note) [
section 221 of Pub. L. 88–643 prior to enactment of Pub. L. 102–496; see 50 U.S.C. 2031(a)] for purposes of computing the minimum annuity under new
section 221(l) of the Act, as added by
section 204 of this Act.” Temporary Retirement Contributions and Procedures for Certain ParticipantsFor 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, 42 U.S.C. 401 et seq., until they are covered by a new Government retirement system or Jan. 1, 1986, whichever is earlier, see title II of Pub. L. 98–168, set out as a note under
section 8331 of Title 5, Government Organization and Employees. Contingent Once-a-Year Adjustment in AnnuitiesFor 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 [Pub. L. 88–643] during the period Sept. 1, 1980, to Aug. 31, 1981, 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 [Pub. L. 88–643] to provide for cost-of-living adjustments in the annuities paid under that Act on an identical basis, see Pub. L. 96–342, title VIII, § 812(a)(3), (4), (b)(3), (4), (c), Sept. 8, 1980, 94 Stat. 1098, set out as a note under
section 1401a of Title 10, Armed Forces.
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.