RATIONALE OF CIA RETIREMENT POLICY

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Document Number (FOIA) /ESDN (CREST): 
CIA-RDP84-00780R002400020072-7
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RIPPUB
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S
Document Page Count: 
21
Document Creation Date: 
December 19, 2016
Document Release Date: 
October 13, 2006
Sequence Number: 
72
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Publication Date: 
February 15, 1968
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MF
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Approved For Release 2006/10/13: CIA-RDP84-00780R00240 020072-7 OV 5, 7- A ~ MEMORANDUM FOR: Deputy Director for Support SUBJECT : Rationale of CIA Retirement policy 1. I generally concur wit paper on the rationale of CIA retirement policy. could perhaps be tightened-up, e.g.. repeated references to the Agency's need for personnel of the highest competence, dedication, integrity, etc. 2. This rationale could well be accepted by personnel entering the Agency in recent years and those joining us in the future. It is less acceptable to a rather considerable number of employees who, when they joined the Agency, expected to work at least until they reached age 65. (~~ Mtfly L1S .. "_, 4kSi4VS Thomas H. Kararnessines Deputy Director for Mans 1. I am in general agreement with the provisions of the retirement policy paper which you submitted on 20 February 1968 following our meeting with the Executive Director-Comptroller, the Deputy Directors, and others on 8 February. I believe, however, that a specific recommendation should be included under paragraph 3 to provide for the weeds of the Deputy Director for Intelligence and perhaps others as reflected in the statements contained in paragraph 3b. I suggest this recommendation be numbered 3d and be stated along the following lines: "In a limited number of cases the Deputy Director concerned may recommend an extension of the retirement date for individual personnel whose continuing production and essentiality is deemed necessary for the efficient operations of the Directorate concerned." 2. Also for consideration as an additional recommendation is a refer- ence to the need for further study as to the means by which some recom - pense may be provided for persons who retire early under the Civil Service System and under the CIA Retirement System. 4bhile not specifically covered in our previous discussions, there Is a reaction In the DD/S staff that some consideration should be given to provide an adjustment between the annuity rate granted by the Civil Service System and CIA System so that under a single retirement age criteria there will be an equitable balance In the annui- ties earned. R. L. Bannerman Deputy Director for Support EO-DD/S:VRT: , (27 Feb 68) Distribution: Orig & 1 - Adse 1' -ADD /S Subject w/X of 20 Feb 68 retirement policy paper 1 - DD/S Chrono Approved For Release 2006/10/13: CIA-RDP84-0078OR002400020072-7 Approved For Release 2006/10/13: CIA-RDP84-0078OR002400020072-7 For Release 2006/10113 :CIA-RDP84-00780R002400000 SENDER WI L CHECK CLASSIFICATION TOP AND BOTTOM UNCLASSIFIED CONFIDENTIAL SECRET OFFICIAL ROUTING SLIP TO NAME AND ADDRESS DATE INITIALS Deputy Director for Support 7D18 Headquarters 2 3 4 5 6 ACTION DIRECT REPLY PREPARE REPLY APPROVAL DISPATCH RECOMMENDATION COMMENT FILE RETURN CONCURRENCE INFORMATION SIGNATURE Remarks : Attached is a draft of a memo to the Director on retirement policy. An earlier draft had been reviewed by the Executive Director and this new paper includes his suggested changes. The Executive Director has asked us to complete this review as quickly as possible and I would appreciate your early attention and comments. It is my hope to put this in final fashion for submission to the Executive Director -bLY of the week. - FOLD HERE TO RETURN TO SENDER FROM: NAME. ADDRESS AND PHONE NO. DATE Director of Personnel 25X1 FEB o 5E56 Headquarters UNCLASSIFIED CONFIDEN SECRET 7- FORM NO. f)Q7 Use previous editions (40) p rroov F&1 elease 2006/10/13: CIA-RDP84-00780R002400020072- Approved For Release 2006/10/13: CIA-RDP84-00780R002400020072-7 MEMORANDUM FOR : Director of Central Intelligence SUBJECT : Retirement Policy 1. This memorandum submits recommendations for your approval; such recommendations are contained in paragraph 5. 2. As you know, the Agency's retirement policy has been the subject of much discussion and review these past few months. To accelerate completion of the review so as to be able to submit specific recommendations to you, I convened a meeting on 8 February 1968. Present were each Deputy Director, the General Counsel, the Inspector General, the Director of Personnel, and Emmett D. Echols in his capacity as Chairman, CIA Retirement Board. A detailed agenda, attached at Tab A, was prepared in advance. A record of our discussion is attached at Tab B. 3. Summary a. Our discussion was based on two assumptions: (1) The Director hAsru C ?z!stioned legal authority to enforce an early retirement policy. (2) Legislation of any kind is difficult to obtain. Hence, we must first try to settle those things which we can do without legisla- tion and then proceed to those things which are desirable but which would require legislation. b. The principal issue, and that from which all others flow, is Approved For Releas : CIA-RDP84-0078OR002400020072-7 whether the Agency should have a policy requiring retirement earlier than provided by law under the Civil Service Retirement Act, or the CIA Retirement and Disability System for GS-18's and above. After consid- erable discussion, it was the consensus that there should be an early retirement policy with a stipulated age at which most employees should leave. At the same time, it was recognized that because the Directorates have different problems, Agency policy should be flexible enough to permit liberal exceptions when justified. This appears to be particularly true in the Intelligence Directorate because of the various types of professional employees needed and because these professionals often are individuals who have prepared themselves through academic study for long-range professional careers where an arbitrary retirement age would not be a condition of employment. It is essential, also, that a rationale for this policy be prepared so that it will be understood by our employees or in the event it becomes necessary to explain the policy to Congressional committees or in court. c. Having reached agreement that the Agency should have an early retirement policy with provision for exceptions to meet particular needs, we then discussed the types of exceptions that could be identified and action recommended in advance. General agreement was reached on the following: (1) There should be no general exception for employees who argue that at the time they entered on duty they were led to believe (or now believe) that they had the right to work until age 65 or 70. (2) There is a small group (12) of Agency employees who will not have 12 years of creditable service by their scheduled retirement Approved For Release >7'"CIA-RDP84-00780R002400020072-7 date. We feel that these employees, as a group, should be permitted to remain on duty until they accumulate 12 years of service when they earn the right to continue important statutory hospitalization and life insurance coverage. (3) As originally conceived, our early retirement policy expected employees to retire at age 60 with 30 years of service or at age 62 with at least five years of service. When the Civil Service Retirement Act was amended in 1966 to include a provision for optional retirement at age 60 with 20 years of service, Agency policy was in turn revised. There were some employees who prior to the revision in Agency policy had been informed that their scheduled retirement would be at age 62 and presumably planned accordingly. With the change, their scheduled retirement age was lowered. We feel that these employees 'should be ."'ted to remain on duty until age 62, their original scheduled date, if they so request. This does not include those employees who at age 60 have at least 30 years of service since this was a requirement under the earlier Agency policy. (4) An overall exception should be made for the group of printers who were induced' to transfer from the Government Printing Office to the Agency with the assurance that they would not lose any benefits. (5) There should be no overall exception for lower graded clerical employees. Each such case should be considered on its own merits. (6) There should be no overall exception for employees with technical skills in grades GS-7 and below even though it might be diffi- cult to recruit replacements and their loss would create training problems. Each such case should be considered on its own merits. rx _'~1 SEC"rT Ap(r)ov do Fo `ReI ase 2& R 1cc CIA-RDP8c4-00o78OR002e400020072-7 ovr be mar emplees meely because they are writing Agency history. 4. Also discussed at this meeting was the matter of compensating employe 's who retire early under either the Civil Service Retirement or the CIA Retirement systems. This issue was tabled pending further study. 5. It is recommended that Civil Service Retirement be required (not merely "encouraged" or "expected" as currently stated in Agency regulations) to retire voluntarily upon reaching age 60 or as soon thereafter as they are eligible for optional retirement, i. e. age 60 with 20 years of service or age 62 and a minimum of five years of service. b. the mandatory age for retirement under the CIA Retirement and Disability System be set at age 60 for employees GS-18 or above, as it is by statute for employees GS-17 and below, and c. overall exceptions as indicated in paragraphs 3c. (2), (3)', and (4) above be approved and that the Director of Personnel be authorized to approve exceptions for the employees affected. A.tts: 2 a. the Director reaffirm as Agency policy that employees covered by L. K. White Executive Director-Comptroller Concur: Concur: Deputy Director Deputy Director for Support for Plans Deputy Director Deputy Director for Intelligence for Science and Technology Inspector General Approved For Release 2006/10/13: CIA-RDP84-0078OR002400020072-7 SUBJECT : Retirement Policy The recommendations contained in paragraph 5 are approved. Richard Helms Date Director of Central Intelligence Distribution: 0 - Return to D/Pers 1 - Director 1. - Deputy Director 1 -ER 2 - DDS 1 - DDP 1 - DDI 1 - DDS&T 1 - Gen. Counsel 1 - 1 G . - C/BSD 1 - D/Pers (w/held) Approved For Release 2006/10/13: CIA-RDP84-0078OR002400020072-7 RETIREMENT POLICY A. The Director has unquestioned legal authority to enforce an early retirement policy. B. Legislation of any kind is difficult to obtain. Hence, we must first try to settle those things which we can do without legis- lation and then proceed to those things which.are desirable but which would require legislation. A. Should CIA have an early retirement policy, i. e., retirement earlier than the law normally requires? If so, what is the rationale, ? B. At what age should retirement normally be required? C. Should the policy be the same for personnel' serving under different, retirement systems, i. e. , Civil Service and CIA? D. Should it be the same for ,all components or career services of the Agency? E. Should there be exceptions for: 1. Personnel who at the time they joined CIA thought or were led to believe, or now believe, that they had the right to work until age 65 or 70? (The law is, of course, controlling under the CIA System. ) 2. Those who do not have twelve years of creditable service at retirement age? (This is important for insurance benefits. ) 3. Those not yet, age 6Z who do not have twenty years of service? (This assumes that the answer to B above is something lower than age 62. ) Approved For Release 2006/10/13: CIA-RDP84-00780R002400020072-7 4. Those who until 1967 were exempted until age 6Z? (They have:! Mot. tiadr the many years of advance notice given to other employees. ) The GPO group who were induced to transfer from GPO to C wi a assurance that they would not lose any be'nefits'? 1: r All Wage Board employees of the Printing Services Division"'? Wage Board employees generally? 8. Lower-graded clerical a~adicre-oollworters? Those with technical skills in grades GS-7 and below for whom it is difficult to recruit replacements and whose loss would create training problems (Communi- cations' and Finance)? Those individuals of unusual qualifications who cannot readily be'replaced? 11.; Those for whom a short-term extension is needed in order to train a replacement? III. PROBLEMS REQUIRING?FURTHER STUDY AND/OR LEGISLATION A. Recompense, in addition to the annuity now provided by law, for persons" who retire early 1. Under the Civil Service Retirement System: 2. Under the' CIA Retirement System. Approved For Release 2006/10/13: CIA-RDP84-00780R002400020072-7 irr c~..:.__~:'1 1"( by i~ A 1_' r?,.^.'?.~ recora t_a 'r a at ~ :7, meting ~. _ ~.~: to ~.t.. . C ;'u "T ?.?= t9C" U': -~`.GYL^'i'V2 o e it ~v q U ::? J'_"tl M "~ . Pre on v .7er ' a "' ,rid I}L?CC'G, 1r r7inC. %ii,15 lCz.,'.Ct 0 n1 .,'? `u . "c. l 4 t1 L C t'...i of th.~ attach,. d circ,1 no C'1 V.,_: 1 :f'or ho on t ha two pTrn :_` icin. 9. Con.- .d.er x? ion i .o tbon tu--no 1 to II.E. of the at ,,,X .o . there u o ion iu're 'Il. sd c,bout 12 powsi ie e ception&. ft_'r3'Cen by nw ber "o!.1o34in' i.Zrccaenty n Irc rcaehcd: (1) ^'c'vro ohoul.si be no general exception. (2) Yes. (3) P,,,o 62 or 20 ycara of service? whichever cokes f:.rst. (111 eff oct--c'1rre11t policy.) Yes, if recjucst? d by the ea levee. 1e. vWill be tudied f:.r ther by the Deputy Director Teoc can be dealt with unicr the general policy. F o . 10. he ics,a'es, under III., dcc1insq ;frith the problem of ac!dltionn. coz arnao which n! it require lericl ^tive action were left for i'rz t'1er otu - by the Genwr L1 Counocl, i,':r. HoL',.oton, to . the Special Asa-intent to c?. a r 7~ v ~Sill't`',g7' DLz'GC'~r for n.itl?_~70r~"i for u}7.^.C~.t^.l S e7 utiCL"L'~5, !~e :.+ChC3.$. /SI Robert S. 1'7, ttles tober`L- S. ' at tlcs Director of Personnel Distribution: DD/s l - i3/rer Subj cr> Chroro OD/Pers/FSWattles:hc (15 Feb 63) Approved For Release 2006/10/13: CIA-RDP84-0078OR002400020072-7 Approved For Release 2006/10/13: CIA-RDP84-0078OR002400020072-7 Approved For Release 2006/10/13: CIA-RDP84-0078OR002400020072-7 i S-E-C-R-E-T f 2/77Q This Notice Expires 1 January 1969 29 December 1967 EMPLOYMENT AFTER RETIREMENT AGE 1. GENERAL as Upon retirement, employees are expected to sever active connections with the Agency. There will be instances, however, in which continuation in service is necessary or clearly in the best interests of the Agency. 1 b. There are four ways in which the services of an employee may be continued after reaching retirement age: (1) His appointment ed upon approval of the Director (2) The employee after retirement may be reemployed with or without a break in service by an appointment of f' cified duratio or by recall by the Director (3) The employee's staff status may be converted to that of contract employee prior to retirement. Such conversion will usually continue normal employee benefits such as retirement, FEGLI, and health benefits during the term of the contract. (4) The employee, after retirement, may be rehired as a contract employee, independent contractor, or consultant. a. CONTINUATION IN SERVICE BEYOND RETTR 'NT AGE (1) An employee may be extended in service as a staff employee (lb(1) above) or may be converted to contract-employee status to perform staff-type duties (lb(3) above) only when the individual has skills and knowledge required by the Agency not available in other personnel on a timely basis. Requests shall be explained and attested to by the Operating Official concerned and shall require the approval of the Director. Extensions shall be for a stipulated term, usually not more than one year unless renewed. GROUP 1 Excluded from automatic downgrading and declassification Approved For Release 2006/10/13: CIA-RDP84-0078OR002400020072-7 29 December 1967 (2) In instances where there are personal circumstances which clearly substantiate that retirement will constitute an extraordinary personal hardship and it is established that the individual can be fully employed, the employee may be retained in service with the approval of the Director. Requests should be submitted at the earliest possible date to the Director of Personnel. Persons who have optionally retired earlier than Agency retirement age may be reappointed if there is a requirement for their particular skills and knowledge not available among on-duty personnel on a timely basis. Such reappointment will be for a stipulated term not to exceed the date of attainment of Agency retirement age. Continuation in service thereafter shall be in accordance with lb(1), (2), or (3) above. Persons beyond Agency retirement age will not be originally appointed without the approval of the Director. Such approval will only be granted where the individual possesses rare and outstanding qualifications which the Agency requires. d. CONTRACTUAL EMPLOYMENT OF ANNUITANTS (1) No contract employee shall perform staff-type duties. Such duties are defined as employee duties performed in Agency facilities, using classified Agency materials and performed pursuant to instructions and supervision of staff employees, unless positions requiring such duties have been provided for in approved projects or have otherwise been exempted from ceiling and other staff manpower controls. With this exclusion, annuitants, whether retired from this Agency or any other agency of the Government, may be hired and used in any appropriate contractual capacity for which there is a requirement and for which they are preeminently qualified. The Director of Personnel shall monitor all contract employee assignments with respect to appropriateness of duties to be performed. (2) Contracts of employment with annuitants will normally be written for a term of one year and contain a 30-day termination clause. Renewals will be based on and justified by evidence of continuing need and by demonstrated effectiveness of the annuitant. Requests for renewal will so attest and be approved by the Operating Official concerned. S-E-C-R-E-T Approved For Release 2006/10/13: CIA-RDP84-0078OR002400020072-7 0 0 Approved For Release 2006/10/13: CIA-RDP84-0078OR002400020072-7 3. COMPENSATION PRINCIPLES AND GUIDELINES a. E PLOYEES EX'T'ENDED IN SERVICE 29 December 19 7 The classification of the position to be occupied shall dictate the grade of an employee extended in service beyond retirement age. If the grade of the position is lower than that of the employee, his grade will be adjusted in accordance with the provisions of the Classification Act of 1949, as amended. b. CONTRACTUAL EMPLOYMENT OF ANNUITANTS (1) The classification of staff positions, particularly in the upper grades, is preponderantly based upon managerial, organizational, and supervisory responsibilities. Since contract employees may not perform staff-type duties, these elements of position classification will not normally be present to an equivalent degree in the contractual position, although the latter may have its own similar responsibilities. Accordingly, the gross contractual salary of a reemployed annuitant will normally be lower than that held as a staff employee. (2) The grade of the job to be performed by a reemployed annuitant will be established by normal position classification procedures. If the grade is in excess of GS-15, the approval of the Director of Central Intelligence is required. The salary to be paid for any grade so established shall be negotiated with due regard to the special qualifications of the individual relative to the requirements of the assignment and the effort required of the individual. In no case may the salary exceed that of the step closest to 90 percent of the current salary of the individual's grade and step at time of retirement. c. Under present law when a civilian Government employee, retired for longevity, is rehired as an employee, his annuity usually continues but his gross contractual salary is reduced by the amount of the annuity received. A reemployed annuitant may not receive a combination of salary payments and annuity payments which exceed the gross contractual salary of the duties he performs during the period of his reemployment. GROUP I Excluded from automatic downgrading and declassification Approved For Release 2006/10/13: CIA-RDP84-0078OR002400020072-7 25X1 I (1) The contractual fee paid an annuitant under an independent contractor agreement will be determined by the nature and value of the services to be rendered except that the individual's retirement annuity plus the contractual fees paid him during the contract year normally may not exceed 90 percent of the current salary of the grade and step held by the annuitant at the time of his retirement. (2) Unless there is a clear and overriding operational justification, no housing expense, cost-of-living expense, or other payments in the nature of benefits and perquisites commonly accorded employees shall be authorized. (3) Operational expenses must be specifically authorized in advance by the appropriate authority. (l) The contract shall include a clause stating that on request of the Government the individual shall submit to a medical evaluation by a mutually agreed upon physician., (5) The independent contractor must not, in fact, be used as an employee. (6) An Agency official shall be designated as responsible for monitoring the performance of each independent contractor and to attest annually that the terms of the contract have been met and that full value has been received. Instances of unsatisfactory performance or insufficient value received shall be corrected promptly. FOR THE DIRECTOR OF CENTRAL INTELLIGENCE: R. L. BANNERMAN Deputy Director for Support 4 4 4 S -E-C -R-E-T 13: CIA-RDP84-0078 29 December 1967 Approved For Release 2006/10/13: CIA-RDP84-00780R002400020072-7 SECRET 8 0. JAN 1968 MEMORANDUM FOR: Special Assistant to the DD/S for Special Studies SUBJECT Rationale of CIA Retirement Policy 1. Reference is made to our conversation and to your draft paper on "Rationale of CIA Retirement Policy." I have several suggestions for your consideration in your final draft. 2. I suggest in paragraphs 2 and 3 on the first page that the state- ments of "mission" be strengthened by utilizing the exact wording as it appears in the National Security Act of 1947. For paragraph 2 I suggest that the National Security Council's mission be stated as follows: "The function of the Council shall be to advise the President with respect to the integration of domestic, foreign and military policy relating to the national security so as to enable the military services and the other departments and agencies of the Government to cooperate more effectively in matters involving the national security. " In paragraph 3 while the official definition of the CIA mission is rather lengthy I think it could be summarized as follows: "To advise the National Security Council in matters concern- ing such intelligence activities of the Government departments and agencies as related to national security;" and among other responsibilities "to correlate and evaluate intelligence related to the national security and provide for the appropriate dissemination of such intelligence within the Government using where appropriate existing agencies and facilities." 3. At the bottom of page 4 the last sentence beginning, "The only solution ... " and the beginning of the first sentence at the top of page 5, "There is yet another factor,... span in CIA, " I suggest these be deleted and these two sentences be put later on in the document but in a positive sense as, "Therefore, the Agency determined that ..." SECRET. Excluded frsm automatic downgrading and deala^?It1-1: Approved For Release 2006/10/13: CIA-RDP84-00780R002400020072-7 4. At the bottom of page 5 the last sentence starting "Nevertheless approximately .... " I think this should be deleted as the figures quoted would be timely only as of this hour and are subject to continuous revision. It tends to detract from the value of the paper rather than add to it. 5. Per our discussion please consider whether we still require professional employees to serve anywhere, any time at the discretion of the Director. Certainly this applies to the DD/S and DD/P services and it is my recollection it applies to all Agency services. If so it would be a valuable statement in developing the rationale. SIGNED R. L Bannerman R R. L. Bannerman Deputy Director for Support DD/S:RLB:ksd (29 Jan 68) Distribution: Orig - Adse h - DD/S Subject 1 DD/S Chrono