THE CENTRAL INTELLIGENCE AGENCY SPOUSES' RETIREMENT EQUITY ACT OF 1982 (PL 97-269) PROVIDED RETIREMENT AND SURVIVOR ANNUITIES FOR DIVORCED SPOUSES OF CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM (CIARDS) PARTICIPANTS.

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP10-00750R000100650001-8
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 12
• Document Creation Date: December 22, 2016
• Document Release Date: December 20, 2011
• Sequence Number: 1
• Content Type: MISC

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a L- L
The Central Intelligence Agency Spou:,es' Retirement Equity
Act of 1982 (PL 97-269) provided retirement and survivor
annuities for divorced spouses of Central Intelligence Agency
Retirement and Disability System. (CIARDS) participants. The
Act corrected a long'-standing inequity under then existing law
which ignored the contribution of those spouses to the Agency's
mission and left them without compensation for their service.
The 1982 Act vested annuities in spouses divorced after
November 15, 1.98(1-, provided the marriage had continued through
at least ten years of Agency service. The date was set to
avoid retroactive interference with existing retirement and
survivor payments and to avoid conflict with existing divorce
decrees. Unfortunately, the Act provided no relief for spouses
divorced on November 14, 1982 and earlier, or for divorced
spouses of CIARDS participants who retired before the effective
date of the Act. We may call these spouses the November 1)
Group.
In introducing the CIA Spouses' Retirement Equity Act,
Senator Daniel Inouye regretted the abandonment of the November 14
Group and ;~t Bested ?rat at som^ future cute Conr-ress might wish
to consider providing benefits to this group. Taking Senator
Inouye's suggestion, we propose now to provide retirement
annuities for the November 14 Group.
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We propoce that the Director of Central. Intelligence be
authorized to include in the FY 1984 CIARDS budget funds to
provide retirement annuities Per the November 1.11 Group.
The DCI should be guided by the following:
Annuities authorized for the November 14 Group should in
no way affect existing or future annuities of CIARDS partici-
pants or existing or future survivor annuiti.ez; provided by
those participants. The relief sought here is simply vested
annuities for the November 11.[ Group, with no, affo^t on the
CIARDS participant's rights, but using the participant as a
base for establishing eligibility and for compu.m ing annuities.
November 14 Group eligibility should be established in
the same manner as for the "former spouse" in the 1982 Act
(see Section 222), i.e., the marriage must have continued
for at least ten years during the participant's CIA service,
five of those years abroad, the spouse shrill not have remarried
before age 60, the annuity to he computed a:; a pro rata share
of the participant'b annuity, etc. All members of the
November 14 Group who meet these conditions become eligible
for an immediate annuity on the effective date of this act.
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A3 with other forderal g )'. ernment retirement progrrins, the
annuity for th^ November Z-t Group ;;hoii1d be hr..pd on the
average of the high three . alary for the participant.
However, to compensate the November 14 Group for years of lost
benefit3 rind the effects of inflation, their annuities should
be based on the participant's grade at retirement'but'using'
the?salary?levels for the three years immediately preceding
the effective date of this act. For participants not yet
retired, the high three should be computed 3s though the
participant retired on the effective date of this apt and
at his grade at that time.
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"Retirement Annuity" is a monthly benefit paid to the former
spouse from the employee's retirement annuity. This benefit is
paid over the lifetime of the employee, not the lifetime of the
former spouse, and does not commence until the employee retires.
"Survivor Annuity" is a monthly benefit paid to the former
spouse upon the death of the retiree.
In order for a former spouse to be eligible to receive
either or both of these benefits, certain statutory and
regulatory requirements must be met.
LEGISLATION SYNOPSIS
THE ORGANIZATION SPOUSES' RETIREMENT EQUITY
ACT OF 1982 (PUBLIC LAW 97-269)
This law became effective 15 November 1982 and applies
generally to divorce cases that occur after this date. The law
provides qualified former spouses of Organization employees or
retirees with an automatic entitlement to a share of the
employee's retirement benefits and survivor benefits. Qualified
former spouses are entitled to automatic benefits regardless of
whether the employee or retiree is covered under the
Organization Retirement System or the Civil Service Retirement
System (CSRS).
To qualify for retirement and survivor benefits, a former
wife or husband must meet the definition of "former spouse" as
set forth in this law. The former wife or husband must have
been married to an employee for not less than 10 years during
periods of federal service by the employee which are creditable
towards retirement, at least five of which were spent outside
the United States by both the employee and the former spouse.
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Unless otherwise expressly provided by court order or
spousal agreement, a qualified former spouse is entitled to a
monthly retirement annuity equal to a pro rata share of 50
percent of the retiree's monthly annuity. The qualified former
spouse is also entitled to a survivor annuity equal to a pro
rata share of 55 percent of the retiree's basic annuity. (Under
the Federal Employees' Retirement System (FERS), the maximum
survivor annuity is 50 percent of the retiree's annuity.)
The qualified former spouse's pro rata share is a percentage
equal to the number of days of marriage during periods of the
employee's creditable service divided by the employee's total
number of days of service creditable towards retirement.
The entitlement to former spouse benefits varies according
to the following situations:
A. Retirement and divorce both occur after 15 November 1982 -
A qualified former spouse is entitled to both a retirement
annuity and a survivor annuity.
B. Retirement on or before 15 November 1982 and divorced
after 15 November 1982 - A qualified former spouse is
entitled to a survivor annuity only. The former spouse
may be awarded a portion of the retiree's annuity
(apportionment) by court order. BUT see information
provided in the section on P.L. 100-453.
REMARRIAGE RESTRICTION: Entitlements to both retirement and
survivor benefits are permanently lost if the qualified former
spouse remarries prior to age 60 and before the annuitant's
death. If the qualified former spouse remarries before age 60
but after the commencement of the survivor benefit, the survivor
annuity is terminated. However, the benefit may be restored if
the remarriage is dissolved by death or divorce.
Please be aware that, if pending legislation is passed, the
age 60 remarriage restriction will be reduced to age 55. Thus,
any qualified former spouse who remarries on or after age 55
after the date of enactment of the proposed legislation would
retain entitlement to both benefits.
NOTE: Former spouses who do not meet the 10 years of
marriage and 5 years overseas requirement may be eligible to
receive retirement and survivor benefits if and to the extent
that these benefits are expressly awarded to the former spouse
by court order. If such former spouses are former spouses of
employees or retirees covered under the Organization Retirement
System, they are eligible for court-ordered apportionments and
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court-ordered or elected survivor benefits generally in
accordance with the rules that apply to the award of CSRS and
FERS benefits to former spouses. BUT the dates after which
these benefits can be awarded by court order are different.
LEGISLATION ENACTED FOR FISCAL YEAR 1987
(PUBLIC LAW 99-569)
This law became effective on 1 October 1986 and provides
survivor benefits to qualified former spouses divorced on or
before 15 November 1982. In order to qualify for this benefit,
the former spouse must meet the definition of "former spouse"
set forth in P.L. 97-269.
The qualified former spouse is entitled to receive the
maximum survivor benefit. This benefit is n Qt pro rated based
upon the length of marriage during the employee's creditable
service compared to the employee's total creditable service as
are the survivor annuities provided to qualified former spouses
divorced after 15 November 1982. This benefit is financed by
special appropriation. Therefore, it does not reduce or modify
the the retiree's annuity. This benefit is payable from the
date of the employee's or retiree's death or the date the former
spouse reaches age 50, whichever occurs later.
The qualified former spouse is ineligible for or loses the
survivor annuity if the former spouse remarries before age 55.
Please be aware that there is pending legislation which, if
enacted, will restore the entitlement of such a former spouse to
receive this survivor benefit if the former spouse's remarriage
is dissolved by death, divorce or annulment.
In order to be eligible to receive this benefit, the
qualified former spouse had to have applied by 1 April 1989.
Currently, the law does not authorize waivers of the requirement
to have applied by this date. (Under the pending legislation,
qualified former spouses whose entitlement to this benefit would
be restored do not have to meet this application deadline.)
LEGISLATION ENACTED FOR FISCAL YEAR 1988
(PUBLIC LAW 100-178)
This law became effective on 2 December 1987 and provides a
retirement benefit to qualified former spouses divorced on or
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before 15 November 1982. In order to qualify for this benefit,
the former spouse must meet the definition of "former spouse"
set forth in P.L. 97-269.
The monthly retirement benefit is equal to a pro rata share
of 50 percent of the retiree's full basic annuity. This benefit
is pro rated based upon the length of marriage during periods of
the retiree's creditable service compared to the retiree's
total creditable service. This benefit is funded by special
appropriation and thus does nDt reduce or modify the retiree's
annuity.
The retirement annuity commences on the date the employee
retires or the date the former spouse becomes age 50, whichever
is later. The annuity terminates on the earlier of:
1. the last day of the month before the former spouse dies;
2. the last day of the month before the former spouse
remarries before age 55;
3. the date of death of the retiree; or
4. the day the former spouse receives a Federal government
survivor annuity based on marriage to someone other than
the employee.
The application deadline to apply for this benefit was
2 June 1990. However, this legislation provides that, in cases
where the circumstances so warrant, the application deadline may
be waived.
LEGISLATION ENACTED FOR FISCAL YEAR 1989
(PUBLIC LAW 100-453)
This law became effective on 29 September 1988 and provides
a retirement benefit to qualified former spouses divorced
after 15 November 1982 from an annuitant who retired prior to
15 November 1982. This benefit is also funded by special
appropriation and does not reduce or modify the retiree's
annuity. The qualified former spouse is entitled to an annuity
equal to a pro rata share up to 50 percent of the retiree's full
basic annuity.
This benefit is payable retroactively to 2 December 1987, on
the first of the month of the final date of divorce, or on the
date of the former spouse's 50th birthday, whichever occurs
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later. The annuity terminates upon the occurrence of the first
of the events listed for the termination of P.L. 100-178
benefits.
The application deadline to apply for this benefit was also
2 June 1990. However, this legislation allows a waiver to be
granted in any case in which the circumstances so warrant. The
deadline will be waived in most cases in which the divorce
occurs after 2 June 1990.
REMINDER: This category of qualified former spouse is
entitled to survivor benefits under P.L. 97-269. The retiree's
annuity will remain reduced, or be reduced, to provide for this
survivor benefit, unless the former spouse waives her right to
such benefit.
COURT-ORDERED PORTION OF RETIREMENT ANNUITY
(APPORTIONMENT)
Under the various federal government retirement systems, the
Government will honor qualifying court orders in connection with
a decree of divorce, annulment, or legal separation that awards
a portion of a retiree's monthly annuity. Former spouses of
Organization employees or retirees do not have an automatic
entitlement to a portion of the employee's retirement benefits
if they do not meet the 10 years of marriage and 5 years
overseas requirement. However, they are eligible for a share of
the retirement benefits to the extent that the benefits are
expressly awarded to the former spouse by court order based on
state law. A court-ordered apportionment will be honored
prospectively regardless of the date of divorce.
CIVIL SERVICE RETIREMENT SPOUSE EQUITY ACT
(PUBLIC LAW 98-615)
This law became effective on 7 May 1985 and applies only to
employees and retirees who are covered under the Civil Service
Retirement System (CSRS) and who are divorced after that date.
This law allows survivor benefits to be provided to former
spouses by court order or by election. In order to be eligible
for a survivor benefit, the former spouse must have been married
for at least 9 months to an employee or retiree who had at least
18 months of creditable service. The court order which awards
survivor benefits (and/or a portion of the employee's retirement
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benefits) to a former spouse must expressly state the name of
the retirement system or that the benefits are to be paid from
CSRS. An election to provide a former spouse survivor annuity
may only be made by the employee at the time of retirement or,
if divorced after retirement, within two years of the date of
divorce.
The maximum survivor benefit payable to a former spouse is
55 percent of the retiree's annuity. (Under FERS, the maximum
survivor annuity is 50 percent). Court orders that do not
specify the percentage of the survivor benefit payable to the
former spouse will be interpreted as awarding the maximum
survivor annuity.
Qualified court orders awarding former spouse survivor
benefits take precedence over a survivor annuity election made
for a current spouse. Such court orders cannot be modified by
any subsequent election. They are also not honored if issued
after retirement unless the divorce occurs after retirement.
Finally, court orders awarding former spouse survivor benefits
are not honored if issued after the death of the retiree.
The Organization administers CSRS and FERS benefits payable
on the basis of the service of Organization employees who retire
after 1 January 1987. Please be aware that all employees who
retired prior to 1 January 1987 and who did not have 5 years of
overseas service prior to retirement must contact the Office of
Personnel Management (OPM) regarding former spouse benefits.
Please call OPM on: 202-606-0501.
REMINDER: If the employee or retiree is covered under CSRS
and the ex-spouse was married to the employee for ten years
during periods of the employee's creditable service and overseas
for five years during these years of service, then such
ex-spouse would be a qualified former spouse eligible to receive
benefits in accordance with the Organization's former spouse
provisions. SEE section on P.L. 97-269.
FORMER SPOUSE HEALTH INSURANCE PROVISIONS
Certain former spouses of Federal employees, former
employees, and annuitants may qualify for enrollment in a health
benefits plan under the Federal Employees Health Benefits
Program (FEHBP) if the former spouse meets the following
criteria:
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1. was previously enrolled in a FEHBP plan as a family
member at any time during the 18 months preceding the
divorce;
2. has not remarried before age 55;
3. currently receives, or has a future entitlement to
receive, a share of the retiree's annuity and/or a
survivor annuity; and
4. applies for enrollment within 60 days after the divorce.
A spouse's coverage under the employee/retiree's health
insurance plan under FEHBP will terminate 31 days after the date
of divorce. Former spouses of certain employees/retirees are
only eligible to enroll under the Organization Health Benefits
Plan.
The former spouse must pay the total cost of coverage. The
government does not subsidize any portion of the premium.
Monthly premiums are due one month in advance on a quarterly
basis. Failure to apply for health benefits within 60 days of
the divorce voids the former spouse's right to enroll in FEHBP.
Based on another law, in divorces occurring after 1 January
1990, a former spouse who is nt entitled to receive a share of
the retirement annuity and/or a survivor annuity, either by
statutory provision or court order, is eligible to elect health
insurance coverage under FEHBP's Temporary Continuation of
Coverage program (TCC). The TCC program provides health
insurance coverage to ex-spouses only for a period of 36 months
after the date of divorce.
By law, the former spouse must apply for health insurance
coverage within 60 days from the date of divorce. The former
spouse must pay the total cost of coverage plus an adminis-
trative charge equal to two percent of the total cost. The
government does not subsidize any portion of the premium.
Failure to apply for health benefits within 60 days of the
divorce voids the former spouse's right to enroll in TCC.
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TO OBTAIN
ADDITIONAL INFORMATION
TELEPHONE NUMBERS FOR FORMER SPOUSE ISSUES:
1-800-338-0923 - OUTSIDE VIRGINIA
1-800-223-4080 - INSIDE VIRGINIA
THE TELEPHONES WILL BE ANSWERED BY "TERRI" OR "DANA".
FOR GENERAL SOCIAL SECURITY INQUIRIES, PLEASE CALL THE
SOCIAL SECURITY ADMINISTRATION AT:
1-800-2345-SSA (1-800-234-5772)
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