CHAIRMAN EDWARD P. BOLAND'S INQUIRIES REGARDING FORMER SPOUSE LEGISLATION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86B00338R000300440012-0
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 5
• Document Creation Date: December 21, 2016
• Document Release Date: August 28, 2008
• Sequence Number: 12
• Publication Date: February 2, 1984
• Content Type: MEMO

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MEMORANDUM FOR: Director, Office of Legislative Liaison
FRCM: Robert W. Magee
Director of Personnel
SUBJECT: Chairman Edward P. Boland's Inquiries Regarding
Former Spouse Legislation
REFERENCE: Letter from Chairman Edward P. Boland to DCI
dated 2 February 1984
1. The following is submitted for your utilization in responding to
Chairman Boland's request of 2 February 1984 for information regarding
implementation of the CIA Spouses' Retirement Equity Act. Answers are keyed
to the specific requests contained in Chairman Boland's letter.
"(1) A description of what steps were taken by the CIA to
publicize the Act's provisions to current and former
employees and their current and/or former spouses;"
The Agency published a series of notices and field correspondence
to employees and letters to retirees advising of the provisions of the Act.
The publications spanned the period of initial consideration of the legislation
through its implementation. The first notice was published 29 April 1982
and advised that spousal legislation was being proposed similar to that
contained in the Foreign Service Retirement and Disability System and provided
a general description of provisions being considered. Interim notices and
letters were published advising of the continuing status and eventual enactment
of the legislation. Following enactment, correspondence was issued that
contained information on the specific provisions of the Act and included
spousal entitlements and administrative procedures. An information sheet
providing details of the spousal legislation is also provided to new Agency
employees at the time of entrance on duty. In addition, the Agency prepared
a notice for eligible spouses - employees to be transmitted via the
employee signed by the spouse and returned
for filing wi t e employee's personnel records. When an employee is involved
in divorce proceedings, he or she is now required to notify the Office of
Personnel so that a similar notice may be sent to the (former) spouse. Finally,
when an employee applies for retirement benefits, he or she must identify any
former spouse(s) on the application form so that they may be notified of their
eligibility for benefits. Copies of these communications are included in
Attachment 1.
This document bbecomes UNCLASSIFIED
when detached #rom attachments. ~ ~ F-.-1
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"(2) A description of what, if any, steps were taken to
insure notice to those former spouses divorced before
15 November 1982 whose rights to seek a survivor annuity
expired on 15 November 1983;"
A participant who retired under the CIA Retirement and Disability
System on or before 15 November 1982 and who on that date had d former
spouse, could have elected by 15 November 1983 with the consent of his or her
current spouse (if any), to receive a reduced annuity and provide a survivor
annuity for the former spouse. This is possible only if the participant
had not previously elected the maximum benefit for the current spouse. This
benefit could be provided to former spouses only at the option of the retiree.
A notice was forwarded to all retired participants advising them of their
legal entitlement to make such an election. A follow-up notice reminding
these individuals of the 15 November 1983 deadline was forwarded on
23 September 1983. Copies of this correspondence are included in Attachment 2.
"(3) The number of former spouses referred to in item 2
above who sought the annuity before 15 November 1983;"
Former spouses making inquiries to the Agency regarding item 2
above were informed of the prerequisites for receiving this benefit and advised
that they should discuss this matter with the retired participant since only
that individual could elect a survivor annuity under this provision. Our
records indicate that 14 participants actually elected a survivor benefit for
their former spouses by the 15 November 1983 deadline.
11(4) Your opinion as to whether it would be appropriate to
retroactively extend the 15 November 1983'deadline;"
i9g;.
Since 15 November 1983 there have been no new inquiries or requests
received by the Agency regarding election of a survivor benefit for former
spouses divorced on or before 15 November 1982. Thus, we do not believe that
the inactivity following repeated notification of all retired participants
indicates a need for an extension beyond the 15 November 1983 deadline. However,
this date was established by the DCI and could be extended for an additional
period if the demand warranted such action.
"(5) A description of the process established to inform
spouses on how to apply for benefits under the Act and how
to obtain information concerning the salary and pension of
the employee spouse;"
Upon notification to the Agency of a divorce, the former spouse is
informed in writing of the potential benefits and eligibility requirements-and
is instructed to maintain a current contact point with the Agency. They are
advised that they will be notified of their eligibility for benefits upon
either the employee's retirement or the retiree's death. Because of Privacy
Act restrictions, information on salary, pension or personal information concerning
participants may only be provided with their consent or pursuant to the order
of a court of competent jurisdiction. Anyone making a request for this
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information is so advised and given instruction on procedures to be
Former spouses who present court orders requiring a followed.
are advised whether the order qualifies and when they yo mayoeexpec of
benefits. an annuity
pect to receive
"(6) A description of the steps taken since the
Intelligence Committee hearings of March
and
1982.,
to improve communications between the CIA and thelspouses
of its employees."
In addition to all of the above mentioned notices and letters
published on this issue, the Agency has made a number of other efforts
communicate with spouses. For instance, a seminar exclusively for suses
was developed and presented in April 1983 and a similar session is scheduled
for April This course includes a briefing on the CIA Spouses' Retirement
Equity Act. A segment of our annual Retirement Seminar, conducted in
October of 1982 and 1983, was dedicated to providing similar information. ement
In addition, we have developed an information packet designed spouses facing divorce proceedings. A copy spouses
Attachmen
of this packet is inc udedtin
that assistance Upon making contact throughwitheth Agency, spouses
regarding legal requirements and provisions. Finally, are also advised
fwe CveaF ily
Bnployee Liaison Office through which current and foerspouses Fan obtain
unclassified information on a variety of family concerns. can obtain
2. As requested by Chairman Boland, the
are currently under review to dete Personal history "vignettes"
public. Based on a very cursory review of a selected number of pages, it
appears doubtful that all the material can be declassified.
a possibility that some pages can be sanitized for release. 'Thfrn is, howev,
on this aspect can only be made after all the pages are reviewed. decision r
there are a significant number of pages which Because
some time is needed to complete this review. Our beeest estimate line by line
review will not be completed prior to 17 February. imate is that t this
arY. If sanitation is possible,
this process will lengthen the time of our response.
3. Issuance of revised Agency regulations on retirement was delayed
pending approval of an Executive Order incorporating numerous char es to
CIA Retirement and Disability System. A draft co g the
(HR 20-50) which reflects all changes, including hens f tus l legislation,
on
is included as Attachment 4. spousal legisllattion,
ion,
OPM Director o v~~ "" we also point out the
e reau o
a f
ormer
e irem an
annual independent audit of CIARDS nsurance who perf~rms , stated in his report toHPSC da d
December 1983 that the agency used a series of letters and other issuances
to do a highly commendable job of informing current a to ees ances
and former spouses of the enactmenisions of theuCIA ts,
Spouses' Retirement Equity Act of t and provisions that it was a complex legislative enactment He further
and the commented in the report
its responsibilities under this act in a highly commen ab elfashion. He
He Indicated
STAT
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the appropriate notices have been given to persons
Potentially individua uiries have been handled with disataffected
dispatch.
excerpts from Appropriate
enort are i
h d
nc
ed
5? This summarizes activity taken thus far with respect to former
spouse legislation. This office is available to discuss any of the above
and to provide any further assistance required to formulate an a
response to Chairman Boland. p propriate
Attachments: a/s
age
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In enacting the CIA Spouses' Retirement Equity Act,
Congress recognized that retroactive application of this law
could affect settled legal rights and consequently limited this
statute to prospective application only. The difficult problem
of retroactive legislation affecting settled legal rights
remains a substantial impediment to retroactive extension of
the 15 November 1982 deadline. Consequently, we believe that
any inequities in divorce actions completed prior to 15
November 1982 should be addressed in the courts having
jurisdiction over divorce.
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