Title 50War and National DefenseRelease 119-73

§2021 Contributions to fund

Title 50 › Chapter CHAPTER 38— - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY › Subchapter SUBCHAPTER II— - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM › Part Part B— - Contributions › § 2021

Last updated Apr 6, 2026|Official source

Summary

Money must be taken from a participant’s basic pay and put into the retirement fund. A "revised annuity participant" is someone who on December 31, 2012 was not a participant, was not doing qualifying service, had less than 5 years of qualifying service, and then later becomes a participant doing qualifying service. For regular participants, 7% of basic pay is withheld from pay and the employer also adds 7%. For revised annuity participants, 9.3% is withheld and the employer adds 4.7%. The Director deposits the withheld amounts and the employer contributions into the fund. By being paid after these withholdings, participants are taken to agree to the deductions except for their right to benefits under this law. After a participant completes 35 years of creditable service, amounts withheld from pay for later pay periods earn interest. The interest rate was 3% per year through December 31, 1984, and after that it uses the rate in 5 U.S.C. 8334(e); interest is compounded yearly until retirement or death. Those amounts and interest go first to any required deposit under the law. Any extra money is paid as a lump sum after separation or to a beneficiary at death, unless the participant chooses instead to buy an extra annuity or add survivor benefits. If someone was a participant before January 1, 1984 and their service is covered by Social Security but not by certain federal retirement rules, the withheld amount is the percent above minus the Social Security tax under 26 U.S.C. 3101(a).

Full Legal Text

Title 50, §2021

War and National Defense — Source: USLM XML via OLRC

(a)(1)In this subsection, the term “revised annuity participant” means an individual who—
(A)on December 31, 2012—
(i)is not a participant;
(ii)is not performing qualifying service; and
(iii)has less than 5 years of qualifying service; and
(B)after December 31, 2012, becomes a participant performing qualifying service.
(2)(A)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)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)(A)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)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)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)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)(1)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 section 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)(A)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)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 section 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)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; or
(ii)provide any additional survivor benefit for a current or former spouse or spouses.
(d)(1)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,
(2)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)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Social Security Act, referred to in subsec. (d)(1)(A), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. 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.

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 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

2023—Subsec. (c)(2)(B). Pub. L. 118–31 substituted “section 2071(c)” for “subsection 2071(c)”. 2012—Subsec. (a). Pub. L. 112–96 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. 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 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 section 2071(b)(4) of this title”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1993 AmendmentAmendment 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.

Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title. Temporary Adjustment of Contribution Levels Pub. L. 106–346, § 101(a) [title V, § 505(g)], Oct. 23, 2000, 114 Stat. 1356, 1356A–54, provided that: “Notwithstanding [former] section 211(a)(2) of the Central Intelligence Agency Retirement Act (50 U.S.C. 2021(a)(2)), during the period beginning on
October 1, 2002, through
December 31, 2002, 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.” Pub. L. 105–33, title VII, § 7001(c)(1), (2), Aug. 5, 1997, 111 Stat. 658, as amended by Pub. L. 106–346, § 101(a) [title V, § 505(c)(1)], Oct. 23, 2000, 114 Stat. 1356, 1356A–53, provided that: “(1) Agency contributions.—Notwithstanding [former] section 211(a)(2) of the Central Intelligence Agency Retirement Act (50 U.S.C. 2021(a)(2)), during the period beginning on
October 1, 1997, through
September 30, 2002, 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.—Notwithstanding [former] section 211(a)(1) of the Central Intelligence Agency Retirement Act (50 U.S.C. 2021(a)(1)) beginning on
January 1, 1999, through
December 31, 2000, 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: 7.25
January 1, 1999, to
December 31, 1999. 7.4
January 1, 2000, to
December 31, 2000.”

Reference

Citations & Metadata

Citation

50 U.S.C. § 2021

Title 50War and National Defense

Last Updated

Apr 6, 2026

Release point: 119-73