AN ACT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP78-03721A000200030003-2
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 38
• Document Creation Date: December 12, 2016
• Document Release Date: May 24, 2002
• Sequence Number: 3
• Publication Date: September 2, 1954
• Content Type: OPEN

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[COMMITTEE PRINT NO. 2]
88T1I CONGRESS H
2D SESSION
SEPT DIVIBER 2,1964
. R. 8427
IN THE SENATE OF THE UNITED STATES
OoToi3Ea 31 (legislative day, OCTOBER 22), 1963
Read twice and referred to the Committee on Armed Services
[Omit the part struck through and insert the part printed in italic]
AN ACT
To provide for the establishment and maintenance of a Central
Intelligence Agency Retirement and Disability System for
a limited number of employees, and for other purposes.
1 Be it enacted by the Senate and House of Representa-
2 tives of the? United States of America in Congress assembled;
3
4
5
6
7
TITLE I?SHORT TITLE AND DEFINITIONS
PART A?SFIORT TITLE
SEC. 101. This Act may be cited as the "Central In-
telligence Agency Retirement Act of 1963 1964 kr Certain
-
Employees".
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1 PART 3?DEFINITIONS
2 SEc. 111. When used in this Act, the term-
3 (1) "Agency" means the Central Intelligence
4 Agency; and
5 (2) "Director" means the Director of Centra
6 Intelligence.
7
8
9
10
11
12
(3) "Qualifying service" means service performed
as a participant in the system (or, in the case of service
prior to the enactment of this Act, performed in carry-
ing out duties described in section 203).
TITLE II?THE CENTRAL INTELLIGENCE AGENCY
RETIREMENT AND DISABILITY SYSTEM
13 PART A?ESTABLISHMENT OF SYSTEM
14 RULES AND REGULATIONS
15 SEC. 201. (a) The Director may prescribe rules and
16 regulations for the establishment and maintenance of a Cen-
17 trill Intelligence Agency Retirement and Disability System
18 for a limited number of employees, referred to hereafter as
19 the system; such rules and regulations to become effective
20 after approval by the chairmen and ranking minority mem-
21 bers of the Armed Services Committees of the House and
22 Senate.
23 (b) The Director shall administer the system in accord-
24 ance with such rules and regulations and with the principles
25 established by this Act.
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1 (c) In the interests of the security of the foreign intell1-
2 gence activities of the United States and in order further
3 to implement the proviso of section 102 (d) (3) of the Na-
4 tional Security Act of 1947, as amended (50 U.S.C. 403
5 (d) (3) ) , that the Director of Central Intelligence shall be
6 responsible for protecting intelligence sources and methods
7 from unauthorized disclosure, and notwithstanding the pro-
8 visions of the Administrative Procedure Act (5 U.S.C. 1001
9 et seq.) or any other provisions of law, any determinations
10 by the Director authorized by the provisions of this Act shall
11 be deemed to be final and conclusive and not subject to
12 review by any court.
13 ESTABLISHMENT AND MAINTENANCE OF FUND
14 SEC. 202. There is hereby created a fund to be known
15 as the Central Intelligence Agency Retirement and Disabil-
16 ity Fund which shall be maintained by the Director. The
17 Central Intelligence Agency Retirement and Disability Fund
18 is referred to hereafter as the fund.
19 PARTICIPANTS
20 SEc. 203. The Director may designate from time to
21 time such Agency officers and employees whose duties are
22 determined by the Director to be (i) in support of Agency
23 activities abroad hazardous to life or health or (ii) so special-
24 ized because of security requirements as to be clearly dis-
25 tinguishable from normal government employment, hereafter
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referred to as participants, who shall be entitled to the bene-
fits of the system. Any participant who has completed
3 fifteen years of service with the Agency and whose career ;at
4 that time is adjudged by the Director to be qualifying for the
5 system may elect to remain a participant of such system for
6 the duration of his employment by the Agency and such elee-
7 tion shall not be subject to review or approval by the
8 Director.
9 ANNuiTANTS
10 Sc. 204. (a) Annuitants shall be participants who are
11 receiving annuities from the fund and all persons, includine
12 surviving wives and husbands widows, dependent widowers,
13 children, and beneficiaries of participants or annuitants who
14 shall become entitled to receive annuities in accordance with
15 the provisions of this Act.
(b) When used in this Act the term--
( 1) "Widow" means the surviving wife of a par-
18 ticipant who was married to such participant for at
19 least two years immediately preceding his death or is
20 the mother of issue by marriage to the participant.
21 (2) "Dependent widower" means the surviving
22 husband of ..'a. participant who was married to. such
23 participant for at least two years immediately. preceding
24 her death or is the father of issue by marriage to the,
25 participant, and who is incapable of self-support by rear
16.
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son of mental or physical disability, and who received
2 more than one-half of his support from such participant.
(3) "Child" flieftliS tiff unmarried ehild, under the
age of eighteen years, or such unmarried child regard
5 less of age wlat beerkuse of physical or mental disability
6 incurred before age eighteen, is incapable of self support.
7 addition to the offspring of the participant and his
or her spouse i the term 4i-eludes (i) ft* adopted chi-14,-
9 and (ii) a stepchild or recognized natural child who
10 received more than one half of his Qupport from the
11
12
taft4eiPant?
(3) "Child", for the purposes of sections 221 and
13 232 of this Act, 'means an unmarried child, including
14 (i) an adopted child, and (ii) a stepchild or recognized
15 natural child who received more than one-half his sup-
16 port from and lived with the participant in a regular
17 parent-child relationship, under the age of eighteen years,
18 or such unmarried child regardless of age who because of
19 physical or mental disability incurred before age eighteen
20 is incapable of self-support or such unmarried child be-
21 tween eighteen and twenty-one years of age who is a student
22 regularly pursuing a full-time course of study or training
23 in residence in a high school, trade school, technical or
24 vocational institute, junior college, college, university, or
25 comparable recognized educational institution. A child
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1 whose twenty-first birthday occurs prior to July 1 or after
2 August 31 of any calendar year, and while he is regu-
3 larly pursuing such a course of study or training, shall
4 be deemed for the purposes of this paragraph and section
5 221(e) of this Act to have attained the age of twenty-one
6 on the first day of July following such birthday. A child
7 who is a student shall not be deemed to have ceased to be
8 a student during any interim between school years if the
9 interim does not exceed four months and if he shows to
10 the satisfaction of the Director that he has a bona fide
11 intention of continuing to pursue a course of study or
12 training in the same or different school during the school
13 semester (or other period into which the school year is
14 divided) immediately following the interim.
15 PART B?COMPULSORY CONTRTBUTIONS
16 SEC. 211. (a) Six and one-half per centum of the basic
17 salary received by each participant shall be contributed to
18 the fund for the payment of annuities, cash benefits, refunds
19 and allowances. An equal sum shall also be contributed
20 from the respective appropriation or fund which is used
21 for payment of his salary. The amounts deducted and with-
22 held from basic salary together with the amounts so contrib-
23 uted from the appropriation or fund shall be deposited by
24 the Agency to the credit of the fund.
25 (b) Each participant shall be deemed to consent and
,.!
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1 agree to such deductions from basic salary, and payment less
2 such deductions shall be a full and complete discharge and
3 acquittance of all claims and demands whatsoever for all
4 regular services during the period covered by such payment,
5 except the right to the benefits to which he shall be entitled
6 under this Act, notwithstanding any law, rule, or rPaniation
7 affecting the individual's salary.
8 PART 0?COMPUTATION OF ANNUITIES
? 9 Sc. 221. (a) The annuity of a participant shall be equal
10 to 2 per centum of his average basic salary for the highest
11 five consecutive years of service, for which full contributions
12 have been made to the fund, multiplied by the number of
13 years, not exceeding thirty-five, of service credit obtained in
14 accordance with the provisions of sections 251 and 252. In
15 determining the aggregate period of service upon which the
16 annuity is to be based, the fractional part of a month, if any,
17 shall not be counted.
18 (b) At the time of retirement, any married participant
19 may elect to receive a reduced annuity and to provide for
20 an annuity payable to his wife or her husband, commencing
21 on the date following such participant's death and terminat-
22 lug upon the death or remarriage of such surviving wife or
23 husband. The annuity payable to the surviving wife or hus-
24 band after such participant's death shall be 60 55 per centum
25 of the amount of the participant's annuity computed as pre-
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1 scribed in paragraph (a) of this section, up to the fu0
2 amount of such annuity specified by him as the base for the
3 survivor benefits. The annuity of the participant making
4 such election shall be reduced by 24 per centum of any
5 amount up to 82,400 $3,600 he specified as the base for the
6 survivor benefit plus 10 per centum of any amount over
7 82,400 $3,600 so specified.
8 (0) (1) If an annuitant dies and is survived by a wife
9 or husband and by a child or children, in addition to the
10 annuity payable to the surviving wife or husband, there shall
11 be paid to or on behalf of each child an annuity equal to the
12 smallest of: (i) 40 per centum of the annuitant's average
13 basic salary, as determined under paragraph (a) of this sec-
14 tion, divided by the number of children; (ii) $600; or
15 $1,800 divided by the number of children.
16 (2) If an annuitant dies and is not survived by a wife
17 or husband but by a child or children, each surviving child
18 shall be paid an annuity equal to the smallest of: (i) 50 per
19 centum of the annuitant's average basic salary, as determined
20 under paragraph (a) of this section, divided by the number
21 of children; (ii) $720; or (iii) $2,160 divided by the num-
22 ber of children.
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1 (d) If a surviving wife or husband dies or the annuity
2 of a child. is terminated, the annuities of any remaining
3 children shall be recomputed and paid as though such wife,
4 husband, or child had not survived the participant.
5 JO- The annuity payable to a eh414 under paragraph
6 Of -Ed* of this section flhal4 begin on the first clay of
7 the ri-e-x-t month after the participant flies and saeh annuity
8 of any right thereto shall be terminated upon death, marriage,
9 or attainment of the age of eighteefi years, eteept that; if a
10 ehild is inettpable of self-support by reasons of mental or
11 phy-sical -disability, the annuity shall be terminated only when
12 sueh child dies; marries; Of receizers from sach
13 (e) The annuity payable to a child under paragraph
14 (c) or (d) of this section shall begin on the day after the
15 participant dies, and such annuity or any right thereto shall
16 terminate on the last day of the month before (1) his attain-
17 ing age eighteen unless incapable of self-support, (2) his
18 becoming capable of self-support after age eighteen, (3) his
19 marriage, or (4) his death, except that the annuity of a child
20 who is a student as described in section, 204(b) (3) of this
21 Act shall terminate on the last day of the month before ('1) his
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1 marriage, (2) his death, (3) his ceasing to be such a student,
2 or (4) his attaining age twenty-one.
3 (f) Any unmarried participant retiring under the pro-
4 visions of this Act and found by the Director to be in good
5 health may at the time of retirement elect a reduced annuity,
6 in lieu of the annuity as hereinbefore provided, and designate
7 in writing a person having an insurable interest (as that term
8 is used in section 9h of the Civil Service Retirement Act (5
9 U.S.C. 2259 (h) ) ) in the participant to receive an an-
10 nuity after the participant's death. The annuity pay-
11 able to the participant making such election shall be reduced
12 by 10 per centum of an annuity computed as provided in
13 paragraph (a) of this section, and by 5 per centum of an
14 annuity so computed for each full five years the person
15 designated is younger than the participant, but such total
16 reduction shall not exceed 40 per centum. The annuity of a
17 survivor designated under this paragraph shall be riO 55 per
18 centum of the reduced annuity computed as prescribed above.
19 The annuity payable to a beneficiary under the provisions
20 of this paragraph shall begin on the first day of the next
21 month after the participant dies. TJpon the death of the
22 surviving beneficiary all payments shall cease and no further
23 annuity payments authorized under this paragraph shall
24 be due or payable.
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1 PART D?BENEFITS ACCRUING TO CERTAIN PARTICIPANTS
2 RETIREMENT FOR DISABILITY OR INCAPACITY?MEDICAL
3 EXAMINATION?RECOVERY
4 SEC. 231. (a) Any participant who has five years of
5 service credit toward retirement under the system, excluding
'6 military or naval service that is credited in accordance with
7 provisions of section 251 or 252 (a) (2) , and who becomes
8 totally disabled or incapacitated for useful and efficient serv-
9 ice by reason of disease, illness, or injury not due to vicious
10 habits, intemperance, or Willful misconduct on his part,
11 shall, upon his own application or upon order of the Direc-
12 tor, be retired on an annuity computed as prescribed in
13 section 2121.- If the disabled or incapacitated participant is
14 under sixty aud has less than twenty years of AT-Vice credit
15 toward his retirement under the system at the time he is
16 retired, his annuity shall be computed on the assumption that
17 he has had twenty years of service, but the additional service
? 18 credit .that may accrue to a participant under this provision
19 -shall in no case exceed the difference between his age at the
20 time of retirement and the mandatory retirement ttge 8,13-pl4ea
21 Me to his grade in the Agene-y age sixty, but this provision
22 shall not 'increase the annuity of any survivor.
23 (b) In each case, the participant shall be given a
24 medical examination by one or more duly qualified physi-
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clans or surgeons designated by the Director to conduct
2 examinations, and disability shall be determined by the
3 Director on the basis of the advice of such physicians or
4 surgeons. Unless the disability is permanent, like examina-
5 tions shall be made annually until the annuitant has reached
6 the statutory mandatory retirement age for his grade ill the
7 Agency as provided in section 235. If the Director deter-
mines on the basis of the advice of one or more duly qualified
9 physicians or surgeons conducting such examinations that
10 an annuitant has recovered to the extent that he can return
11 to duty, the annuitant may apply for reinstatement or re
1.2 appointment in the Agency within one year from the date
13 his recovery is determined. Upon application the Director
14 may reinstate any such recovered disability annuitant in the
15 grade in which he was serving at time of retirement, or the
16 Director may, taking into consideration the age qualifica-
17 dons, and experience of such annuitant, and the present grade
18 of his contemporaries in the Agency, appoint him to a grade
19 higher than the one in which he was serving prior to retire-
20 ment. Payment of the annuity shall continue until a date
21 six months after the date of the examination showing recov-
22 cry or until the date of reinstatement or reappointment in the
23 Agency, whichever is earlier. Fees for examinations under
24 this provision, together with reasonable traveling and other
25 expenses incurred in order to submit to examination, shall be
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1 paid out of the fund. If the annuitant fails to submit to
2 examination as required under this section, payment of the
3 annuity shall be suspended until continuance of the disability
4 is satisfactorily established.
5 (c) If a recovered disability annuitant whose annuity
6 is discontinued is for any reason not reinstated or re-
7 appointed in the Agency, he shall be considered to have been
8 separated within the meaning of paragraphs (a) and (b) of
9 section 234 as of the date he was retired for disability and he
10 shall, after the discontinuance of the disability annuity, be
11 entitled to the benefits of that section or of section 241 (a)
12 except that he may elect voluntary retirement in accordance
13 with the provisions of section 233 if he can qualify under its
14 provisions.
15 (d) No participant shall be entitled to receive an an-
16 nuity under this Act and compensation for injury or dis-
17 ability to himself under the Federal Employees' Compensa-
18 tion Act of September 7, 1916, as amended (5 U.S.C. 751
19 et seq.) , covering the same period of time. This provision
20 shall not bar the right of any claimant to the greater benefit
21 conferred by either Act for any part of the same period of
22 time. Neither this provision nor any provision of the said
23 Act of September 7, 1916, as amended, shall be so construed
24 as to deny the right of any participant to receive an annuity
25 under this Act by reason of his own services and to receive
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1 concurrently any payment under such Act of September 7,
2 1916, as amended, by reason of the death of any other
3 person.
4 (e) Notwithstanding any provision of law to the con-
trary, the right of any person entitled to an annuity under
6 this Act shall not be affected because such person has re-
7 ceived an award of compensation in a lump sum under sec-
8 tion 14 of the Federal Employees' Compensation Act of
9 September 7, 1916, as amended (5 U.S.C. 764) , except
10 that where such annuity is payable on account of the same
11 disability for which compensation under such section has
12 been paid, so much of such compensation as has been paid
13 for any period extended beyond the date such annuity be--
14 comes effective, as determined by the Secretary of Labor,
15 shall be refunded to the Department of Labor, to be paid
16 into the Federal employees' compensation fund. Before
17 such person shall receive such annuity he shall (1) refund
18 to the Department of Labor the amount representing such
19 commuted payments for such extended period, or (2) au-
20 thorize the deduction of such amount from the annuity pay-
21 able to him under this Act, which amount shall be trans-
22 mitted to such Department for reimbursement to such fund.
23 Deductions from such annuity may be made from accrued
24 and accruing payments, or may be prorated against and paid
25 from accruing payments in such manner as the Secretary of
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1 Labor shall determine, whenever he finds that the financial
2 circumstances of the annuitant are such as to warrant such
3 deferred refunding.
4 DEATH IN SERVICE
5 SEC. 232. (a) In case a participant dies and no claim
6 for annuity is payable under the provisions of this Act, his
7 contributions to the fund, with interest at the rates prescribed
8 in sections 241 (a) and 281 (a) , shall be paid in the order
9 of precedence shown in section 241 (b) .
10 (b) If a participant, who has at least five years of serv-
11 ice credit toward retirement under the system, excluding
12 military or naval service that is credited in accordance with
13 the provisions of section 251 or 252 (a) (2) , dies before
14 separation or retirement from the Agency and is survived by
15 a widow or a dependent widower, as defined in section 204, ,
16 such widow or dependent widower shall be entitled to an an-
(11 nuity equal to l'-y0 55 per centum of the annuity computed in
18 accordance with the provisions of pftfagrapli (c) of this
19 -section fttid of section 221 (a) . The annuity of such widow
20 or dependent widower shall commence on the date following
21 death of the participant and shall terminate upon death or
22 remarriage of the widow or dependent widower, or upon
23 the dependent widower's becoming capable of self-support.
24 (c) If a participant who has at least five years of service
25 credit toward retirement under the system, excluding mili-
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1 tary or naval service Mat is credited in accordance with the
2 provisions of section 251 or 252 (a) (2) , dies before sepa-
3 ration or retirement from the Agency and is survived by a
4 wife or a husband and a child or children, each surviving
5 child shall be entitled to an annuity computed in accordance
6 with the provisions of section 221 (c) (1) . The child's an-
7 nuity shall begin and be terminated in accordance with the
8 provisions of section 221 (e) . Upon the death of the surviv-
9 ing wife or husband or termination of the annuity of a child,
10 the armuities of any remaining children shall be recomputed I
11 and paid as though such wife or husband or child had not
12 survived the participant.
13 (d) If a participant who has at least five years of
14 service credit toward retirement under the system, exc1ud-
15 ing military or naval service that is credited in accordance
16 with the provisions of section 251 or 252 (a) (2) , dies be-
17 fore separation or retirement from the Agency and is not
18 survived by a wife or husband, but by a child or children,
19 each surviving child shall be entitled to an annuity computed
20 in accordance with the provisions of section 221(c) (2) .
21 The child's annuity shall begin and terminate in accordance
22 with the provisions of section 221 (e) . Upon termination
23 of the annuity of a child, the annuities of any remaining
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1 children shall be recomputed and paid as though that child
2 had never been entitled to the benefit.
3 (o) If, at the time of his Of he death, the partieipant
4 had loss than twenty years of service credit toward retire
5 net under the system, the ammitics payable in accordance
( with paragraph -(43)- of this section shall he computed in
7 aceordanee with the provisions of section 2-21 on the assump
8 tion he Of she has had twenty years of service; but the ad-
ditional service credit that may accrue to a deeeased par4iei-
10 pant under this provision shall in no ease exceed the d4ffer--
11 &nee hetween his or her age en the date of death end the
12 mandatory retirement age ftpplieable to his or her grade in
13 the Agency. In all cases arising under paragraphs -(b)-
14 -(e)-; (d), (c) of this section; it shall be assumed that the
15 deceased participant Was qualified for retirement on the date
16 of his death;
17 VOLITNTARY RETIREMENT
18 SEC. 233. Any participant in the system who is at least
19 fifty years of age and has rendered twenty years of service
20 may on his own application and with the consent of the
21 Director be retired from the Agency and receive benefits in
22 accordance with the provisions of section 221 provided he
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has not less than -rwe ten years of service with the Agency
2 of which at least five shall have been qualifying service.
3 DISCONTINUED SERVICE RETIREMENT BENEFITS
4 SEC. 234. (a) Any participant who separates from the
5 Agency after obtaining at leftist ftye years of serviee ere&
6 toway?1 retirement ander the SyStefit exeluding military fif
7 feav-al ,serviee that is eredited in frecordanee with the pro-
8 i;isions of section 251 or .g52-(4442-3 having performed not
9 less than five years of service with the Agency, may, upon
10 separation from the Agency or at any time prior to becoming
11 eligible for an annuity, elect to have his contributions to the
12 fund returned to him in accordance with the provisions of
13 section 241, or (except in cases where the Director deter-
14 mines that separation was based in whole or in part on the
15 ground of disloyalty to the United States) to leave his con-
16 tributions in the fund and receive an annuity, computed as
17 prescribed in section 221, commencing at the age of sixty
18 sixty-two years.
19 (b) If a participant who has qualified in accordance
20 with the provisions of paragraph (a) of this section to re-
21 ceive a deferred annuity commencing at the age of sixty
22 sixty-two dies before reaching the age of sixty sixty-two his
23 contributions to the fund, with interest, shall be paid in
24 accordance with the provisions of section 241 and 281.
25 -(4 The Director may in his discretion retire pftrtieipents
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1 in grade GS 14 &lid
L
19
ove: If so retired they shall receive
2 retirement b-eneftts in accordance with the provisions, of see-
3 tier} 221, provided they have in each case not less than five
4 years of qualifying and ft total of ten years of service with
5 the Agency, Any individual so retired who does not meet
6 these serviee requirements shall receive the benefits pro-
7 vided for individuals in grade GS 1- as set out in paragraph
8 +4 of this section:
9 44) The Direetor may in his discretion retire partiei-
10 pants, in grade 4-s-43 and below, and each such participant
11 shall receive
12 (1) one twelfth of a yearls salary at his theft ear-
13 rent salary rate for each year of service and proportion
14 ately for a 4a-et-ion of a year: but not exceeding a total
15 of one year' salary at his then euffent saltily rate-,- pay-
16 able without interest 5 from the fund: in three equal in-
17 stallments on the 4-st day of January following the par-
18 tieipa-ntls retirement and oft the two anniversaries of this
date immediately following: Provided; That in, special
20 eases, the Director may in his discretion accelerate or
21 eembine the installments; and
22 (2) a refund of the eontributi ons made to the fun&
23 with interest as provided in section 211 (a) , ex-ecpt that
24 in lieu of such refund such participant, if he has at least
25 five years of fj crviee credit toward retirement under the
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1 system; excluding military or naval service that is
2 credited in aceorelanee with the previsions of section 254.-
3 or 252 (a) (2) , may eket to receive retirement benefits
4 on reaching the age of sixty in accordance with the pro
5 visions of sect-ion 2-24, In the event that a participant
6 who was separated from grade -?4S---1-3 or GS 12 and who
7 has elected to reeeive retirement benefits dies before
8 reaching the age of sixty; his death shall be considered a
9 death in service within the meaning of section 2-3-2, i*
10 the event that ft participant who was separated from
11 grade GS 14 or below and who has elected to receive
12 retirement benefits flies before reaching the age of sixtry3
13 the total amount of his contributions made to the fund,
14 with interest as provided in section 211 (a) , shall be
15 paid in accordance with the provisions of section
16 211 (b) .
17 (c) Notwithstanding the provisions of section -347-7 of
18 the Revised Statutes, ftS ft-Mended (31 U.S.C. or the
19 provisions of any other law i a participant who is retired in
20 accordance with the provisions of paragraph 4-?1)- of this see
21 tion shall have the right to assign to any person OF corpora
22 tion the who-le OF any part of the benefits receivable by him
23 pursuant to pa-fag-Path 4-444+ of this section:
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21
1 MANDATORY RETIREMENT FOR ik-GE
2 SEE7 2457 (a)-- Any par4fieipant m the system in grade
3 GS 18 Of ftbOrVC 4ia14 ue reaehing the age of sixty five he
4 retired from the Ageney mid receive retirement benefits
5 ffeeordance with the provisions of seetion 2-247 hut whenever
6 the Director shall determine it to he in the publie interesti
7 he may extend sueh apattleipaa serviee for a period not to
8 exceed five years,
9 -4 Any participant in the system, ether than in grade
10 GS 18 or fthove, shall upon reaching the age of sixty be re-
11 tired from the Agency and receive retirement benefiW in ae-
12 cord-fine? with the provisions of section 2-243 but whenever the
13 Pifeeter shall determine it to he in the public interest, he
14 may extend suet} a part4e4i3antls serviee for a period not to
16
eiweed ftve years.
MANDATORY RETIREMENT
17 SEC. 235. (a) The Director may in his discretion place
18 in a retired status any participant who has completed at
19 least twenty-five years of service, or who is at least fifty
20 years of age and has completed at least twenty years of
21 service, provided such participant has not less than ten
22 years of service with the Agency of which at least five shall
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1 have been qualifying service. if so retired, such participar t
2 shall receive retirement benefits in accordance with the p7 -
3 visions of section 221.
. 4 (b) Any participant in the system- receiving compens
ff-
5 tion at the rate of grade 05-18 or above shall be auto-
6 matically separated from the Agency upon reaching the age
7 of sixty-five. Any participant in the system receiving corn-
8 pensation at a rate less than grade 05-18 shall be aut
10
11 of the month in which a participant reaches age sixty or
12 sixty-five, as specified in this section, but whenever the Di-
13 rector shall determine it to be in the public interest, he may
14 extend such participant's service for a period not to exce d
15 five years. A participant separated under the provisions
16 this section who has completed five years of Agency serm e
17 shall receive retirement benefits in accordance with the p
18 visions of section 221 of this Act.
19 LIMITATION ON NUMBER OF VOLUNTARY RETIREMENT,4
20 SEC. 236. The number of participants retiring on imme-
21 diate annuity pursuant to sections 233, 234, and 235 of th s
22 Act shall not exceed a total of four hundred during the period
23 ending on June 30, 1969, or a total of four hundred durinfj
24 the period beginning on July 1, 1969, and ending on June
25 30, 1974.
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matically separated from the Agency upon reaching the qfe
of sixty. Such separation shall be effective on the last d
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23
1 PART E?DISPOSITION OF CONTRIBUTIONS AND INTEREST
2 IN EXCESS OF BENEFITS RECEIVED
SEC. 241. (a) Whenever a participant becomes sepa-
4 rated from the Agency without becoming eligible for an
5 annuity or a deferred annuity in accordance with the pro-
6 visions of this Act, the total amount of contributions from his
7 salary with interest thereon at 4 per centum per
8 eempotmded aiinual1y as of December 31, per annum to
9 December 31, 1947, and 3 per centum per annum thereafter
10 compounded annually to December 31, 1956 (or, in the case
11 of a participant separated from the Agency before he has
12 completed five years of service, to the date of separation) and
13 proportionately for the period served during the year of sepa-
14 ration including all contributions made during or for such
15 period, except as provided in section 281, shall be returned
16 to him.
17 (b) In the event that the total contributions of a retired
18 participant, other than voluntary contributions made in
19 accordance with the provisions of section 281, with interest
20 at 4 per eentutu per annum eompounded annually as is at the
21 rates provided in paragraph (a) of this section added thereto,
22 exceed the total amount returned to such participant or to an
23 annuitant claiming through him, in the form of annuities,
24 fteeumulated at the same rate of interest up to the dote the
25 annuity payments cease under the terms of the annuity 5 the
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24
1 excess of the accumulated contributions over the accumulated
2 annuity payments shall be paid in the following order of
3 precedence, upon the establishment of a valid claim therefor,
4 and such payment shall be a bar to recovery by any other
5 person:
6 ( 1 ) To the beneficiary or beneficiaries designated
7 by such participant in writing to the Director;
(2) If there be no such beneficiary to the surviving
9 wife or husband of such participant;
10 (3) If none of the above, to the child or children
11 of such participant and descendants of deceased children
12 by representation;
13 (4) If none of the above, to the parents of such
14 participant or the survivor of them;
15 (5) If none of the above, to the duly appointed
16 executor or administrator of the estate of such
17 participant;
18 (6) If none of the above, to other next of kin
19 of such participant as may be determined by the Director
20 in his judgment to be legally entitled thereto.
21 (c) No payment shall be made pursuant to paragraph
22 (b) (6) of this section until after the expiration of thirty
23 days from the death of the retired participant or his sur-
24 viving annuitant.
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95
1 PART F?PERIOD OF SERVICE FOR ANNUITIES
2 COMPUTATION OF LENGTH OF SERVICE
3 SEC. 251. For the purposes of this Act, the period of
4 service of a participant shall be computed from the date he
5 becomes a participant under the provisions of this Act, but
6 all periods of separation from the Agency and so much of
7 any leaves of absence without pay as may exceed six months
8 in the aggregate in any calendar year shall be excluded,
9 except leaves of absence while receiving benefits under the
10 Federal Employees' Compensation Act of September 7,
11 1916, as amended (5 U.S.C. 751 et seq.) , and leaves of
12 absence granted participants while performing active and
13 honorable military or naval service in the Army, Navy,
14 Air Force, Marine Corps, or Coast Guard of the 'United
15 States.
16 PRIOR SERVICE CREDIT
17 SEC. 252. (a) A participant may, subject to the pro-
18 visions of this section, include in his period of service-
19 (1) civilian service in the executive, judicial, and
20 legislative branches of the Federal Government and in
21 the District of Columbia government, prior to becoming
22 a participant; and
23 (2) active and honorable military or naval service
24 in the Army, Navy, Air Force, Marine Corps, or Coast
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1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Guard of the -United States prior to the date of t1et
separation upon which title to annuity is based.
(b) A participant may obtain prior civilian serviCe
credit in accordance with the provisions of paragraph (9
(1) of this section by making a special contribution to the
fund equal to per eeritlifft the percentage of his basic annual
salary for each year of service for which credit is sought
prior to AT:nvember 8, 49607 and at .q per eentuni thereafter
with interest compounded annually at 4 per eelititYff pqr
annum to the date of payment specified with respect 16 such
year in the table relating to employees- contained in. section
4(c) of the Civil Service Retirement Act (5 U.S.C. 2254
(c) ), together with interest computed as provided in section
4(e) of such -Act (5 U.S.C. 2254(e)). Any such partici-
pant may, under such conditions as may be determined in
each instance by the Director, pay such special contribu-
tions in installments.
(c) (1) If an officer or employee under some other Gov-
ernment retirement system becomes a participant in the sys-
tem by direct transfer, such officer or employee's total con-
tributions and deposits, including interest accrued thereon,
except voluntary contributions, shall be transferred to the
fund effective as of the date such officer or employee becomes
a participant in the system. Each such officer or employee
shall be deemed to consent to the transfer of such funds and
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27
1 such transfer shall be a complete discharge and acquittance
2 of all claims and demands against the other Government
3 retirement fund on account of service rendered prior to
4 becoming a participant in the system.
5 (2) No participant, whose contributions are transferred
6 to the fund in accordance with the provisions of paragraph
7 (c) (1) of this section, shall be required to make contribu-
8 tions in addition to those transferred for periods of service
9 for which full contributions were made to the other Govern-
10 ment retirement fund, nor shall any refund be made to any
11 such participant on account of contributions made during any
12 period to the other Government retirement fund at a higher
13 rate than that fixed for employees by section 211 -4 this Act
14 1 ( c) of the Civil Service Retirement Act (5 U.S.C. 2254
15 (c) ) for contributions to the fund.
16 (3) No participant, whose contributions are transferred
17 to the fund in accordance with the provisions of paragraph
18 (c) (1) of this section, shall receive credit for periods of
19 service for which a refund of contributions has been made,
20 or for which no contributions were made to the other Gov-
21 ernment retirement fund. A participant may, however,
22 obtain credit for such prior service by making a special
23 contribution to the fund in accordance with the provisions
24 of paragraph (b) of this section.
25 (d) No participant may obtain prior civilian service
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28
1 credit toward retirement under the system for any peri
2 of civilian service on the basis of which he is receiving
3 will in the future be entitled to receive any annuity und4
4 another retirement system covering civilian personnel of tli.e
5 Government.
6 (e) A participant may obtain prior military or navtl
7 service credit in accordance with the provisions of para-
graph (a) (2) of this section by applying for it to the
9 Director prior to retirement or separation from the Agen6r.
).0 However, in the case of a participant who is eligible for and
11 receives retired pay on account of military or naval service,
12 the period of service upon which such retired pay is based
13 shall not be included, except that in the case of a participant
14 who is eligible for and receives retired pay on account of a
15 service-connected disability incurred in combat with ah
16 enemy of the United States or caused by an instrumentality
17 of war and incurred in line of duty during a period of war
18 (as that term is used in chapter 11 of title 38, United States
19 Code), or is awarded under chapter 67 of title 10 of the
20 United States Code, the period of such military or naval
21 service shall be included., No contributions to the fund shall
22 be required in connection with military or naval service
23 credited to a participant in accordance with the provisions
24 of paragraph (a) (2) of this section.
25 ( f) Notwithstanding any other provision of this section or
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1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
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29
section 253 any military service ( other than military service cov-
ered by military leave with pay) performed by a participant
after December 1956 shall be excluded in determining the aggre-
gate period of service upon which an annuity payable under
this Act to such participant or to his widow or child is to be
based, if such participant or widow or child is entitled (or
would upon proper application be entitled) at the time of
such determination, to monthly old-age or survivors' bene-
fits under section 202 of the Social Security Act, as amended
(42 U.S.C. 402), based on such participant's wages and
self-employment income. If in the case of the participant or
widow such military service is not excluded under the pre-
ceding sentence but upon attaining age sixty-two, he or she
becomes entitled (or would upon proper application be en-
tiled) to such benefits, the aggregate period of service upon
which such annuity is based, shall be redetermined, effective
as of the first day of the month in which he or she attains
such age, so as to exclude such service.
CREDIT FOR SERVICE WHILE ON MILITARY LEAVE
SEC. 253. a) A participant who, during the period of
21 any war, or of
22
23
24
any national emergency as proclaimed by the
President or declared by the
position to enter the military
for the purposes of this Act,
Congress, has left or leaves his
service shall not be considered,
as separated from his Agency
25 position by reason of such military service,
unless he shall
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apply for and receive a refund of contributions under tTis
2 Act: Provided, That such participant shall not be considotd
3 as retaining his Agency position beyond December 31, 1.95,
4 or the expiration of five years of such military service, whit
5 ever is later.
6 (b) Contributions shall not be required covering periods
7 of leave of absence from the Agency granted a participant
8 while performing active military or naval service. in the
P Army, Navy, Air Force, Marine Corps, or Coast Guard
10. of the United States.
11
12
13
14
15
SEC: 253. Contributions sh:-41 not lie requirea covering
periods of lea-ye of absence frma the Agency ffanted flu
participant while performing etef se military er ntwal serviee
in the Army- Navy, Air Force, Marine -Gorps, Ceest
Guard of the V-rrited States:
16 P.ART Gt?MONEYS
17 ESTIMATE OF APPROPRIATIONS NEEDED
18 SEC. 261. The Director shall prepare the estimates of
19 the annual appropriations required to be made to the fund,
20 and shall cause to be made actuarial valuations of the fund at
21 intervals of five years, or oftener if deemed necessary by
22 him.
23 INVESTMENT OF MONEYS IN THE FUND
24 SEC. 262. The Director may, with the approval of the
25 Secretary of the Treasury, invest from time to time in
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31
1 interest-bearing securities of the -United States such portion's
2 of the fund as in his judgment may not be immediately re-
3 quired for the payment of annuities, cash benefits, refunds,
4 and allowances, and the income derived from such invest-
ments shall constitute a part of such fund.
6 ATTACHMENT OF MONEYS
7 SEC. 263. None of the moneys mentioned in this Ad
8 shall be assignable either in law or equity, or be subject io
9 execution, levy, attachment, garnishment, or other legal
10 process, exeept as pfiwifieti ill see4ieft12-344e-)-.
11 PART H?RETIRED PARTICIPANTS RECALLED, REIN-
12 STATED, OR REAPPOINTED IN TAR
AGENCY, OR
13 REEMPLOYED IN THE GOVERNMENT
14 RECALL
15 SEC. 271. (a) The Director may eeaJ1 , with the con-
16 sent of any retired participant , recall such participant to
17 duty in the Agency whenever lie shall determine such recall
18 is in the public interest.
19 (b) Any such participant recalled to duty in the
20 Agency in accordance with the provisions of paragraph (a)
21 of this section or reinstated or reappointed in accordance
22 with the provisions of section 231 (b) shall, while so serv-
23 ing, be entitled in lieu of his annuity to the full salary of the
24 grade in which he is serving. During such service, he shall
25 make contributions to the fund in accordance with the pro-
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32
1 visions of section 211. When he reverts to his retired St
2 tus, his annuity shall be determined anew in accordance wit
3 the provisions of section 221.
4 REEMPLOYMENT
5 SEC. 272. Notwithstanding any other provision of la,.
6 a participant retired under the provisions of this Act shall
7 not, by reason of his retired status, be barred from employ-
8 ment in Federal Government service in any appointive
9 position for which he Is qualified. An annuitant so re-
10 employed shall serve at the will of the appointing officer.
11 REEMPLOYMENT COMPENSATION
12 Sc. 273. (a) Notwithstanding any other provision of
13 law, any annuitant who has retired under this Act and wh
14 is reemployed in the Federal Government service in any
15 appointive position either on a part-time or full-time basiS
16 shall be entitled to receive the salary of the position in whie4+
17 he is serving plus -so much of his annuity payable linflefthis
18 Aet which when combined with sueh salary does not eHeet
19 elming any calendar year the bitsie saltiff atteli annuitant
20 was, entitled to receive on the date of his retirement from the
21 Agency. Any suelt reemployed annuitant who reeeives
22 salary during any calendar year in exeeaa of the maximum
23 amount which he may be entitled to receive unflef this
24 paragraph -shall be entitled to such salar-y in lien of benefi-ta
25 hereunder his annuity payable under this Act, but there shall
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33
1 be deducted from his salary a sum equal to the annuAy
2 allocable to the period of actual employment.
3 -(19)- When any sueli retired annuitant ie eefnploy4
4 the employ er S Full.selifl a notice te the Agerkey ef stieh re
5 employment together with all pertinent information relating
6 thereto; ftfid shall pay directly to such annuitant the sala y
7 of the position in whieh he is ficrving.
8 (b) In the event of any overpayment under this sec-
9 tion, such overpayment shall be recovered by withholding the
10 amount involved from the salary payable to such reemployed
11 annuitant, or from any other moneys, including his annuity,
12 payable in accordance with the provisions of this Act.
13 PART I?VOLUNTARY CONTRIBUTIONS
14 SEc. 281. (a) Any participant may, at his option and
15 under such regulations as may be prescribed by the Director,
16 deposit additional sums in multiples of 1 per centum of his
17 basic salary, but not in excess of 10 per centum of such
18 salary, which amounts together with interest at 3 per centum
19 per annum, compounded annually as of December 31, and
20 proportionately for the period served during the year of his
21 retirement, including all contributions made during or for
22 such period, shall, at the date of his retirement and at his
23 election, be-
24 (1) returned to him in lump sum; or
25 (2) used to purchase an additional life annuity; or
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34
1 (3) used to purchase an additional life annuity for
2 himself and to provide for a cash payment on his death
8 to a beneficiary whose name shall be notified in writing
4 to the Director by the participant; or
5 (4) used to purchase an additional life annuity for
6 himself and a life annuity commencing on his death
7 payable to a beneficiary whose name shall be notified in
8 writing to the Director by the participant with a guar-
9 anteed 'return to the beneficiary or his legal repre-
10 sentative of an amount equal to the cash payment re-
ferred to in subparagraph (3) above.
(b) The benefits provided by subparagraphs (2), (3),
13 or (4) of paragraph (a) of this section shall be actuarially
14 equivalent in value to the payment provided for by sub-
15 paragraph (a) (1) of this section and shall be calculated
16 upon such tables of mortality as may be from time to time
17 prescribed for this purpose by the Director.
18 (c) In case a participant shall become separated from
18 the Agency for any reason except retirement on an annuity,
XI the amount of any additional deposits with interest at 3
21 per centum per annum, compounded as is provided in
22 paragraph (a) of this section, made by him under the provi-
23 sions of said paragraph (a) shall be refunded in the manner
24 provided in section 241 for the return of contributions and
25 interest in the case of death or separation from the Agency.
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35
1 (d) Any benefits payable to a participant or to his
2 beneficiary in respect to the additional deposits provided
3 under this section shall be in addition to the benefits other-
4 wise provided under this Act.
5 PART J?COST-OF-LIVING ADJUSTMENT OF ANNUITIES
6 SEC. 291. (a) On, the basis of determinations made by
7 the Civil Service Commission pursuant to section 18 of the
8 = Civil Service Retirement Act, as amended, pertaining to
9 per centum change in the price index, the following adjust-
10 ments shall be made:
11 (1) Effective April 1, 1966, if the change in the price
12 index from 1964 to 1965 shall have equaled a rise of at
13 least 3 per centum each annuity payable from the fund
14 which has a commencing date earlier than January 2, 1965,
15 shall be increased by the per centum rise in the price index
16 adjusted to the nearest one-tenth of 1 per centum.
17 (2) Effective April 1 of any year other than 1966
18 after the price index change shall have equaled a rise of at
19 least 3 per centum, each annuity payable from the fund
20 which has a commencing date earlier than January 2 of the
21 preceding year shall be increased by the per centum rise in
22 the price index adjusted to the nearest one-tenth of 1 per
23 centum.
24 (b) Eligibility for an annuity increase under this section
25 shall be governed by the commencing date of each annuity
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36
1. payable from the fund as of the effective date of an increase,
except as follows:
(1) Effective from the date of the first increase under
this section, an annuity payable from the fund to an annui-
5 tant's survivor (other than a child entitled under section
6 221(c) ) which annuity commenced the day after the annui-
7 tant's death, shall be increased as provided in subsection
8 ( a) (1) or (a) (2) if the commencing date of annuity to the
? 9 annuitant was earlier than January 2 of the year preceding
10 the first increase.
11 (2) Effective from its commencing date, an annuity pay-
12 able from the fund to an? annuitant's survivor (Other than
13 a child entitled under section 221(c) ), which annuity com-
14 mences the day after the annuitant's death and after the
15 effective date of the first increase under this section, shall be
16 increased by the total per centum increase the annuitant was
17 receiving under this section at death.
18 (3) For purposes of computing an annuity which comi,
19 ?mences after the effective date of the first increase under this
20 section to a child under section 221(c), the items $600, $720,
21 $1,800, and $2,160 appearing in section 221( c) shall be in;
22 creased by the total per centum increase allowed and in force
23 under this section and, in case of a deceased annuitant, the
24 items 40 per centum and 50 per centum appearing in section
25 221(c) shall be increased by the total per centum increase
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37
1 allowed and in force under this section to the annuitant at
2 death. Effective from the date of the first increase under
3 this section, the provisions of this paragraph shall apply as if
4 such first increase were in effect with respect to computation
5 of a child's annuity under section 221(c) which commenced
6 between January 2 of the year preceding the first increase
and the effective date of the first increase.
8 (c) No increase in annuity provided by this section shall
9 be computed on any additional annuity purchased at retire-
10 ment by voluntary contributions.
11 (d) The monthly installment of annuity after adjust-
12 ment under this section shall be fixed at the nearest dollar.
Passed the House of Representatives October 30, 1963.
Attest:
RALPH R. ROBERTS,
Clerk.
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Approved For Release 2002/06/26 : CIA-RDP78-03721A000200030003-2
[COMMITTEE PRINT NO. 2]
_ SEPTEMBER 2, 1961
88TH CONGRESS H. R. 8427
2D SESSION
AN ACT
To provide for the establishment and mainte-
nance of a Central Intelligence Agency Re-
tirement and Disability System for a limited
number of employees, and for other pur-
poses.
OCTOBER 31 (legislative day, OCTOBER 22) , 1963
Read twice and referred to the Committee on
Armed Services
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