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Title 50, War and National DefenseRelease 119-110

§3518 Special Annuity Computation Rules for Certain Employees’ Service Abroad

Title 50 › CHAPTER 46 — CENTRAL INTELLIGENCE AGENCY › § 3518

Last updated Sep 23, 2026|Official source

Summary

CIA officers and employees who retire on or after October 1, 1989, who are not covered by section 2013, and who served abroad on or after January 1, 1987, get special rules for figuring their retirement pay. Any time they actually worked overseas during their first ten years of total service is paid using the higher rate shown in 5 U.S.C. 8339(a)(3) that normally applies only to service beyond ten years. Overseas service done after the first ten years is figured the usual way, but a matching amount of that later foreign service is treated as if it had been done in the first ten years and also gets the higher rate. Other service is computed the same as under the regular 8339 rules. For certain parts of 5 U.S.C. 8339, an annuity figured under these rules counts the same as one figured under subsections (a) and (o). If another part of 8339 would give a higher annuity, these special rules do not apply.

Full Legal Text

Title 50, §3518

War and National Defense, Source: USLM XML via OLRC

(a)Officers and employees to whom rules apply
Notwithstanding any provision of chapter 83 of title 5, the annuity under subchapter III of such chapter of an officer or employee of the Central Intelligence Agency who retires on or after October 1, 1989, is not designated under section 2013 of this title, and has served abroad as an officer or employee of the Agency on or after January 1, 1987, shall be computed as provided in subsection (b).
(b)Computation rules
(1)The portion of the annuity relating to such service abroad that is actually performed at any time during the officer’s or employee’s first ten years of total service shall be computed at the rate and using the percent of average pay specified in section 8339(a)(3) of title 5 that is normally applicable only to so much of an employee’s total service as exceeds ten years.
(2)The portion of the annuity relating to service abroad as described in subsection (a) but that is actually performed at any time after the officer’s or employee’s first ten years of total service shall be computed as provided in section 8339(a)(3) of title 5; but, in addition, the officer or employee shall be deemed for annuity computation purposes to have actually performed an equivalent period of service abroad during his or her first ten years of total service, and in calculating the portion of the officer’s or employee’s annuity for his or her first ten years of total service, the computation rate and percent of average pay specified in paragraph (1) shall also be applied to the period of such deemed or equivalent service abroad.
(3)The portion of the annuity relating to other service by an officer or employee as described in subsection (a) shall be computed as provided in the provisions of section 8339(a) of title 5 that would otherwise be applicable to such service.
(4)For purposes of this subsection, the term “total service” has the meaning given such term under chapter 83 of title 5.
(c)Annuities deemed annuities under section 8339 of title 5
For purposes of subsections (f) through (m) of section 8339 of title 5, an annuity computed under this section shall be deemed to be an annuity computed under subsections (a) and (o) of section 8339 of title 5.
(d)Officers and employees entitled to greater annuities under section 8339 of title 5
The provisions of subsection (a) of this section shall not apply to an officer or employee of the Central Intelligence Agency who would otherwise be entitled to a greater annuity computed under an otherwise applicable subsection of section 8339 of title 5.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

Subsection (o) of section 8339 of title 5, referred to in subsec. (c), was redesignated subsec. (p) of that section by Pub. L. 102–378, § 2(62), Oct. 2, 1992, 106 Stat. 1354. Codification Section was formerly classified to section 403r of this title prior to editorial reclassification and renumbering as this section. Some section numbers of this title referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification.

Amendments

1992—Subsec. (a). Pub. L. 102–496 substituted reference to section 2013 of this title for reference in original to section 203 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees which was formerly set out as a note under section 403 of this title.

Statutory Notes and Related Subsidiaries

Effective Date

of 1992 AmendmentAmendment by Pub. L. 102–496 effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as an

Effective Date

note under section 2001 of this title.

Reference

Citations & Metadata

Citation

50 U.S.C. § 3518

Title 50, War and National Defense

Last Updated

Sep 23, 2026

Release point: 119-110