CIA SPOUSES' RETIREMENT EQUITY ACT OF 1982

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP92-00455R000300040034-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 11
• Document Creation Date: December 16, 2016
• Document Release Date: July 22, 2005
• Sequence Number: 34
• Publication Date: December 7, 1984
• Content Type: REGULATION

nMINISTRATIVE I Egt~A~, v v
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7 December 1984
1. The "Central Intelligence Agency Spouses' Retirement Equity Act
of 1982" requires the Agency to inform those spouses covered by the act
of their rights. Spouses who are affected by this legislation are those
who are married to:
a. CIA Retirement and Disability System participants
b. Employees in the Civil Service Retirement System who
have served with the Agency outside the United States
for five years or more.
2. It is the responsibility of married employees who have a spouse
affected by this legislation under the criteria stated in paragraph 1
above to bring the attached notification entitled "Retirement Benefits
for Qualified Former Spouses" to the attention of their spouses and to
ask them to read, complete, sign, and date the notification. This
notification, signed by the spouse or the employee's certification on the
notification that the spouse has seen the notification, should be
returned to the respective administrative or personnel officers who will
forward it to the Office of Personnel for retention in the official
personnel file.
3. Answers to the questions most frequently asked on this subject
are provided in the attachment to this notice.
Harry E. Fitzwater
Deputy Director
for
Administration
Attachments:
A. Notification
B. Questions and Answers
STAT
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This notification is to inform you that if you were divorced after
15 November 1982 or become divorced in the future, your former spouse may
be eligible, if qualified, for a portion of your retirement benefits.
For the purpose of these benefits, a "former spouse' is defined by law as
a former wife or husband of an employee or former employee who was
married to that employee for not less than 10 years during periods of
service by that employee which were creditable towards retirement, at
least five years of which were spent outside the United States by both
the employee and the former spouse.
This benefit allows qualified former spouses of employees of the
Agency who were divorced from the employee after 15 November 1982
to share in the retirement annuity and survivor benefits or lump-sum
disbursements paid from retirement funds. Unless otherwise expressly
provided by any qualifying spousal agreement or court order, such former
spouses are entitled to a share in the employee's lifetime pension equal
to 50 percent of the employee's annuity, if married to the employee
throughout his or her entire creditable service. If married to the
employee for less than the entire period of creditable service, the
former spouse is entitled to a proportionate share of 50 percent of such
annuity based on the length of the marriage to the employee during
periods of creditable service compared to the total creditable service.
For example, if you worked for the Federal government for 30 years, and
you were married to your former spouse for 20 of those 30 years, he or
she would be entitled to two-thirds of 50 percent of your lifetime
pension.
In addition, the former spouse will, in the absence of a contrary
court order or spousal agreement, be entitled to a survivor annuity equal
to 55 percent of the employee's annuity if married to the employee
throughout his or her entire creditable service. If married to the
employee for less than the entire period of the latter's creditable
service, the former spouse will be entitled to a proportionate share of
55 percent of the full annuity based on the length of the marriage to the
employee during periods of creditable service compared to the total
creditable service. For example, if you worked for the Federal
government for 30 years, and you were married to your former spouse for
20 of those 30 years, he or she would be entitled to two thirds of 55
percent of your full annuity.
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Please note that a former spouse will not be qualified for any
annuity if he or she remarries before becoming 60 years of` age. However,
if, after the annuitant's death, the survivor annuity is terminated
because of remarriage, it may be restored at the same rate if the
remarriage is dissolved.
A former spouse's rights to receive these benefits depends on the
employee's meeting all the qualifications for retirement, including age
and service and approval by the Director, if necessary.
Should the employee die prior to retirement, a former spouse would
have no entitlement under the former spouse legislation.
Determination of a former spouse's eligibility for benefits may
result in the employee or former spouse being requested to provide us
with information concerning his/her five years of residence outside the
United States, as well as verification of the dates of marriage and
divorce.
The law states that it is mandatory for the Agency to provide annual
notification to both employees and their spouses with respect to rights
under the law. This notification is to be provided by employees to their
spouses for signature and then returned to the component administrative
or personnel officer. Failure to comply with the request is in violation
of the law and subject to administrative sanction.
I, , spouse of
have read and acknowledge this notice concerning benefits for qualified
former spouses.
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RIGHTS OF SPOUSES AND FORMER SPOUSES
There are some facts in the retirement law which affect the rights of
spouses and former spouses of employees and annuitants in the CIA
Retirement and Disability System (CIARDS), as well as some CIA employees
in the Civil Service Retirement System. The following questions and
answers are designed to help explain some of these facts:
WHICH AGENCY EMPLOYEES ARE AFFECTED
Question 1. I recently received a notice entitled "Retirement Benefits
for Qualified Former Spouses." Do I have to sign the notice?
Answer: No Agency employee need sign this notice, except as
explained in Question 2.
Question 2. Who should sign the notice?
Answer: If you are married AND you are in CIARDS or if you are under
Civil Service and have served with the Agency outside the
United States for five years, your current spouse should
sign the notice. If your spouse does not sign, you should
return the notice with your certification that your spouse
has been shown the notice. This is to comply with the
requirement in the law that affected spouses be informed of
their rights.
Question 3. I am a CIARDS participant. Could this law affect me?
Answer: Yes, if you have been married.
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Question 4. I am not in CIARDS but am covered by the Civil Service
Retirement System. Will I be affected?
Answer: Only if you have had five years of overseas service and,
therefore, would be qualified to join CIARDS.
LUMP-SUM PAYMENTS
Question 5. If I leave the Agency and wish to withdraw my retirement
contribution, do I have to consult with my current spouse?
Answer: If you have served overseas for five years with the Agency
or if you are in CIARDS, you cannot withdraw your lump-sum
retirement contribution unless your current spouse agrees in
writing. If your spouse does not consent, your
contributions remain in the retirement fund and you will be
entitled to a deferred annuity at age 62. In that way, the
law assures that your qualified former spouse or current
spouse will receive a survivor annuity.
Question 6. If I leave the Agency and wish to withdraw my retirement
contribution, do I have to consult with my former spouse?
Answer: Before answering this question, we must make clear how the
law defines former spouse, because not every ex-spouse
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qualifies as a former spouse. An individual, qualifies as a
former spouse if:
1) The individual was married to an Agency employee
for 10 years;
2) During those 10 years, the employee was performing
service creditable for retirement purposes;
3) Both the employee and the spouse have spent
five of those 10 years outside the United States; and
4) The divorce occurred after 15 November 1982.
Whenever we say former spouse, we mean someone who meets all
the four criteria listed above.
If you have a former spouse, he or she need not be consulted
before you withdraw your lump-sum contribution, but your
former spouse is entitled to receive a proportional share of
that lump-sum payment unless a court order or spousal
agreement expressly provides otherwise. If your former
spouse was married to you during the entire period of your
Federal service, he or she would receive half of the
lump-sum payment.
If the marriage lasted for only part of your period of
Federal service, he or she would receive proportionately
less. For instance, if you had 15 years Federal service and
were married for 10 of those years, your former spouse would
only receive 2/3 of 50 percent of the lump-sum payment.
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SURVIVOR ANNUITY
Question 7. If I retire from the Agency under CIARDS, do I have to
provide a survivor annuity for my current spouse?
Answer: Yes. It is now mandatory that you receive a reduced annuity
in order to provide the maximum survivor annuity for a
current spouse (55 percent of your basic annuity). The only
exception is if your spouse agrees in writing to accept a
lesser survivor annuity or none at all.
Question 8. If I retire under Civil Service, do I have to provide a
survivor annuity for my current spouse?
Answer: If you have five years of service with the Agency outside
the United States, there will be an automatic reduction in
your annuity to provide the maximum survivor annuity for
your current spouse, just as if you were in CIARDS.
If you do not have this service, you are not required to
provide a survivor benefit for your current spouse. But, if
you do not provide the maximum survivor benefit, the Office
of Personnel Management requires that your spouse be
notified of this fact and sign an acknowledgment.
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Question 9. If I retire under either CIARDS or Civil Service, have an
ex-spouse, but am not currently married, do I have to
provide a survivor annuity for my ex-spouse?
Answer: If your ex-spouse qualifies as a former spouse (see Question
4), he or she is automatically entitled to receive a
survivor benefit and your annuity will be reduced
accordingly. The only exception would be if a court order
or spousal agreement provided otherwise.
Question 10. How is the survivor annuity divided if I have more than one
former spouse?
Answer: Your former spouses will share the survivor annuity based
upon the length of time they were married to you during your
Federal service.
Question 11. How is the survivor annuity divided if I have a current
spouse and one or more former spouses?
Answer: Your annuity would be reduced to provide a survivor
annuity. Upon your death, the share owed to your former
spouse(s) will be paid and whatever portion remains will go
to your current spouse.
Example A: You have worked for the Federal Government for
30 years. During these 30 years you were married to your
first spouse for 15 years, to your second spouse for 10
years, and to your current spouse for five years.
The survivor annuity, which is 55 percent of your annuity,
would be divided as follows: your first spouse would
receive 1/2 (15 divided by 30); your second spouse would
receive 1/3 (10 divided by 30); and your current spouse
would receive whatever remained (1/6).
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Example B: You retire after 30 years of Federal service.
During that period you were married to your first spouse for
10 years, you were divorced and remained unmarried for 15
years, and then were married to your current spouse for five
years. The survivor annuity would be divided as follows:
your former spouse would receive 1/3 (10 divided by 30); and
your current spouse would receive whatever portion remains
(2/3 in this example).
Question 12. Is my retirement annuity reduced more if I have both a
former spouse and a current spouse?
Answer No. The reduction will be the same regardless of how many
beneficiaries share the survivor annuity.
Question 13. If my former spouse remarries, is there an entitlement to a
survivor annuity?
Answer: If a former spouse remarries before reaching age 60 and
before the survivor annuity commences, the right to an
annuity is lost forever.
If your former spouse remarries before age 60 and was
receiving a survivor annuity, this annuity ceases during the
period of that marriage; but if that marriage is dissolved,
the survivor annuity will be restored, subject to certain
technical conditions.
If your former spouse remarries after age 60, the annuity
will not cease.
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RETIREMENT ANNUITY
Question 14. If I retire from the Agency, will my current spouse receive
a separate share of my retirement annuity?
Answer: No.
Question 15. If I have a former spouse when I retire, does that former
spouse receive a separate share of my retirement annuity?
Answer: Yes, unless your former spouse has waived this entitlement
or a divorce court has expressly ordered otherwise.
Question 16. How much of my annuity would my former spouse receive?
Answer: Unless the spousal agreement or the court provides a greater
or lesser amount, the law specifies that up to 50 percent of
your annuity will go to your former spouse or spouses. The
exact amount that each former spouse will receive depends
upon the length of time that former spouse was married to
you during your Federal service.
Example A. Your former spouse was married to you for the
entire period of your Federal service; that spouse would
receive a full 50 percent of your retirement: annuity.
Example B. Your former spouse was married to you for 10 of
the 30 years of your Federal service; he or she would
receive 1/3 of 50 percent (10 divided by 30).
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DIVORCE AND SEPARATION
Question 17. Can the rights provided by the law to a former spouse be
allocated differently by a separation agreement or by a
divorce decree?
Answer: Yes, under the law, a spouse or former spouse can agree to a
change in the allocation of the benefits which are provided
by law.
Question 18. If a former spouse seeks to obtain the annuity or survivor
benefits provided by law, is there anything I can do to seek
a reduction in such benefits?
Answer: Your attorney can make any appropriate arguments to the
court as to what the divorce decree should include and the
court may reduce the benefits provided by law.
Question 19. If a former spouse is not satisfied with the benefits
provided by law, can he or she seek an increase?
Answer: In the same way that the employee can seek to have the court
adjust benefits downward, a former spouse can make arguments
to the court to adjust benefits upward.
Question 20. If I have additional questions, where can I get more
information?
Answer: Call the Retirement Division,
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