Title 50, War and National DefenseRelease 119-110

§2093 Payment of Benefits

Title 50 › CHAPTER 38 — CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY › SUBCHAPTER II — CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM › Part G — Moneys › § 2093

Last updated Sep 22, 2026|Official source

Summary

Annuities are figured as a yearly amount. Each monthly check is one‑twelfth of that amount, rounded down to the next dollar, and paid on the first business day after the month it covers. For most participants, payments start on the first day of the month after they leave the Agency or stop getting pay and meet the age and service rules. If a participant is involuntarily separated, retires for disability under section 2051, or worked 3 days or less in the retirement month, the annuity starts the day after separation or pay stops. Other annuities begin on the first day of the month after the event that triggers payment. A retired participant’s annuity ends on the day of death or another ending event; a former spouse’s or survivor’s annuity ends the last day of the month before death or another ending event. A survivor must apply and give proof before any survivor annuity is paid; if no application is filed while the survivor is alive, nothing is payable to the estate. An annuitant can refuse all or part of an annuity by signing a waiver and can cancel that waiver in writing at any time; no money is paid for any period covered by the waiver. No benefit is paid unless an application based on the participant’s service is filed before the participant’s 115th birthday. After a participant dies, claims must be filed within 30 years of the death or other qualifying event. For state income tax withholding, the Director must make an agreement with any State within 120 days of a state’s request so the Director can withhold tax if an annuitant asks in writing; withheld amounts are held in the fund and sent to the State after each quarter. An annuitant may have only one withholding request active at a time and no more than two requests in a calendar year. An annuitant may change or cancel the State for withholding; the change or cancellation takes effect the first day of the month after it is processed, but no later than the first day of the second month after the Director receives it. The Director cannot accept pay from a State to do withholding, and States must repay any amounts withheld in error. “State” includes the District of Columbia and U.S. territories.

Full Legal Text

Title 50, §2093

War and National Defense, Source: USLM XML via OLRC

(a)Annuities stated as annual amounts
Each annuity is stated as an annual amount, 1⁄12 of which, rounded to the next lowest dollar, constitutes the monthly rate payable on the first business day of the month after the month or other period for which it has accrued.
(b)Commencement of annuity
(1)Commencement of annuity for participants generally
Except as otherwise provided in paragraph (2), the annuity of a participant who has met the eligibility requirements for an annuity shall commence on the first day of the month after separation from the Agency or after pay ceases and the service and age requirements for title to an annuity are met.
(2)Exceptions
The annuity of
(A)
(B)a participant retiring under section 2051 of this title due to a disability; and
(C)a participant who serves 3 days or less in the month of retirement;
shall commence on the day after separation from the Agency or the day after pay ceases and the service and age or disability requirements for title to annuity are met.
(3)Other annuities
Any other annuity payable from the fund commences on the first day of the month after the occurrence of the event on which payment thereof is based.
(c)Termination of annuity
An annuity payable from the fund shall terminate—
(1)in the case of a retired participant, on the day death or any other terminating event provided by this subchapter occurs; or
(2)in the case of a former spouse or a survivor, on the last day of the month before death or any other terminating event occurs.
(d)Application for survivor annuities
The annuity to a survivor shall become effective as otherwise specified but shall not be paid until the survivor submits an application for such annuity, supported by such proof of eligibility as the Director may require. If such application or proof of eligibility is not submitted during the lifetime of an otherwise eligible individual, no annuity shall be due or payable to the individual’s estate.
(e)Waiver of annuity
An individual entitled to an annuity from the fund may decline to accept all or any part of the annuity by submitting a signed waiver to the Director. The waiver may be revoked in writing at any time. Payment of the annuity waived may not be made for the period during which the waiver is in effect.
(f)Limitations
(1)Application before 115th anniversary
No payment shall be made from the fund unless an application for benefits based on the service of the participant is received by the Director before the 115th anniversary of the participant’s birth.
(2)Application within 30 years
Notwithstanding paragraph (1), after the death of a participant or retired participant, no benefit based on that participant’s service may be paid from the fund unless an application for the benefit is received by the Director within 30 years after the death or other event which gives rise to eligibility for the benefit.
(g)Withholding of State income tax from annuities
(1)Agreements with States
The Director shall, in accordance with this subsection, enter into an agreement with any State within 120 days of a request for agreement from the proper State official. The agreement shall provide that the Director shall withhold State income tax in the case of the monthly annuity of any annuitant who voluntarily requests, in writing, such withholding. The amounts withheld during any calendar quarter shall be held in the fund and disbursed to the States during the month following that calendar quarter.
(2)Limitation on multiple requests
An annuitant may have in effect at any time only one request for withholding under this subsection, and an annuitant may not have more than two such requests during any one calendar year.
(3)Change in State designation
Subject to paragraph (2), an annuitant may change the State designated by that annuitant for purposes of having withholdings made, and may request that the withholdings be remitted in accordance with such change. An annuitant also may revoke any request of that annuitant for withholding. Any change in the State designated or revocation is effective on the first day of the month after the month in which the request or the revocation is processed by the Director, but in no event later than on the first day of the second month beginning after the day on which such request or revocation is received by the Director.
(4)General provisions
This subsection does not give the consent of the United States to the application of a statute which imposes more burdensome requirements of the United States than on employers generally, or which subjects the United States or any annuitant to a penalty or liability because of this subsection. The Director may not accept pay from a State for services performed in withholding State income taxes from annuities. Any amount erroneously withheld from an annuity and paid to a State by the Director shall be repaid by the State in accordance with regulations prescribed by the Director.
(5)“State” defined
For the purpose of this subsection, the term “State” includes the District of Columbia and any territory or possession of the United States.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 263 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1052; Pub. L. 97–269, title VI, § 609, Sept. 27, 1982, 96 Stat. 1153; Pub. L. 99–335, title V, § 501(2), June 6, 1986, 100 Stat. 622, related to attachment of moneys 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. (g)(1). Pub. L. 118–31 substituted “fund” for “Fund”.

Statutory Notes and Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

50 U.S.C. § 2093

Title 50, War and National Defense

Last Updated

Sep 22, 2026

Release point: 119-110