CIA SPOUSES' RETIREMENT EQUITY ACT OF 1982

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP92-00455R000300040038-8
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 18
• Document Creation Date: December 16, 2016
• Document Release Date: July 22, 2005
• Sequence Number: 38
• Publication Date: May 27, 1983
• Content Type: REGULATION

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CIA SPOUSES' RETIREMENT EQUITY ACT OF 1982
1. The "Central Intelligence Agency Spouses' Retirement Equity Act
of 1982" requires the Agency to inform those spouses covered by the act
of their new rights. Spouses who are affected by this legislation are
those who are married to:
a. CIA Retirement and Disability System participants
b. Employees in the Civil Service Retirement System who have
served with the Agency outside the United States for five years
or more.
2. A notice dated 29 April 1983 was prepared for the information of
spouses and distributed to all Agency employees. The information it
contained was intended primarily for currently eligible spouses. It has
been determined that it will not be necessary for all employees (or
ineligible spouses) to sign and return the 29 April 1983 notice as
originally required in
3. However, it is the responsibility of married employees who have
a spouse affected by this legislation under the criteria stated in
paragraph 1 above to bring this notice to the attention of their spouses
and to ask them to read, complete, sign, and date the 29 April 1983
notice. This notice signed by the spouse or the employee's certification
on the notice that the spouse has seen the notice should be returned to
the respective administrative or personnel offices and then will be
forwarded to the Office of Personnel for retention in the official
personnel files.
ADMINISTRATIVE - INTERNAL SE ON Y
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STAT
27 May 1983
4. The questions most frequently asked on this subject have been
answered in the attachment to this notice which is provided for the
information of all employees.
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STAT
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Deputy Director
for
Administration
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CHANGES IN RIGHTS OF SPOUSES AND FORMER SPOUSES
There have been some changes in the retirement law which affect the rights
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of spouses and former spouses of employees and annuitants in the CIA Retirement and
Disability System (CIARDS), and also of some CIA employees in the Civil Service
Retirement System. The following questions and answers are designed to help
explain some of these changes:
WHICH AGENCY EMPLOYEES ARE AFFECTED
Question 1. I recently received a notice entitled "Retirement Benefits for
Qualified Former Spouses." Do I have to sign the notice?
Answer: It has been determined that, except as explained in Question 2, no
Agency employee need sign this notice.
Question 2. Who should sign the notice?
Answer: If you are married AND you are in CIARDS or if you are under Civil
Service Retirement and have served with the Agency outside the United
States for 5 years, your current spouse should sign the notice. If
your spouse does not sign, you should return the notice with your
certification that your spouse has been shown the notice. This is
to comply with the requirement in the law that affected spouses be
informed of their rights.
Question 3. I am a CIARDS participant. Could these changes affect me?
Answer: Yes, if you have been married.
Question 4. I am not in CIARDS but am covered by the Civil Service Retirement
System. Do any of these changes affect me?
Answer: Only if you have had 5 years of overseas service and, therefore,
would be qualified to join CIARDS. The changes in the law were
designed to prevent Agency employees fran limiting the rights
of spouses and former spouses by remaining in the Civil Service
rather than joining CIARDS.
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CHANGES IN RIGHTS OF SPOUSES AND FORMER SPOUSES
There have been some changes in the retirement law which affect the rights
of spouses and former spouses of employees and annuitants in the CIA Retirement and
Disability System (CIARDS), and also of some CIA employees in the Civil Service
Retirement System. The following questions and answers are designed to help
explain some of these changes:
WHICH AGENCY EMPLOYEES ARE AFFECTED
Question 1. I recently received a notice entitled "Retirement Benefits for
Qualified Former Spouses." Do I have to sign the notice?
Answer: It has been determined that, except as explained in Question 2, no
Agency employee need sign this notice.
Question 2. Who should sign the notice?
Answer: If you are married AND you are in CIARDS or if you are under Civil
Service Retirement and have served with the Agency outside the United
States for 5 years, your current spouse should sign the notice. If
your spouse does not sign, you should return the notice with your
certification that your spouse has been shown the notice. This is
to comply with the requirement in the law that affected spouses be
informed of their rights.
Question 3. I am a CIARDS participant. Could these changes affect me?
Answer: Yes, if you have been married.
Question 4. I am not in CIARDS but am covered by the Civil Service Retirement
System. Do any of these changes affect me?
Answer: Only if you have had 5 years of overseas service and, therefore,
would be qualified to join CIARDS. The changes in the law were
designed to prevent Agency employees from limiting the rights
of spouses and former spouses by remaining in the Civil Service
rather than joining CIARDS.
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Whenever we say former spouse we mean someone who meets all
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If you have a former spouse, he or she need not be
consulted before you withdraw your lump-sum contribution,
but your former spouse is entitled to receive a
proportional share of that lump-sum payment unless a court
order or spousal agreement expressly provides otherwise.
If your former spouse was married to you during the entire
period of your Federal service, he or she would receive
half of the lump-sum payment.
If the marriage lasted for only part of your period of
Federal service, he or she would receive proportionately
less. Thus, if you had 15 years' Federal service and were
married for 10 of those years, your former spouse would
only receive 2/3 of 50 percent of the lump-su:fn payment.
SURVIVOR ANNUITY
? Question 7. If I retire from the Agency under CIARDS, do I have to
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provide a survivor annuity for my current spouse?
Answer: Yes. It is now mandatory that you receive a reduced
annuity in order to provide the maximum survivor annuity
for a current spouse (55 percent of your basic annuity).
The only exception is if your spouse agrees in writing to
accept a lesser survivor annuity or none at all.
Question 8. If I retire under Civil Service, do I have to provide a
survivor annuity for my current spouse?
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Whenever we say former spouse we mean someone who meets all
the four criteria listed above.
If you have a former spouse, he or she need not be
consulted before you withdraw your lump-sum contribution,
but your former spouse is entitled to receive a
proportional share of that lump-sum payment unless a court
order or spousal agreement expressly provides otherwise.
If your former spouse was married to you during the entire
period of your Federal service, he or she would receive
half of the lump-sum payment.
If the marriage lasted for only part of your period of
Federal service, he or she would receive proportionately
less. Thus, if you had 15 years' Federal service and were
married for 10 of those years, your former spouse would
only receive 2/3 of 50 percent of the lump-sum payment.
SURVIVOR ANNUITY
? Question 7. If I retire from the Agency under CIARDS, do I have to
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provide a survivor annuity for my current spouse?
Answer: Yes. It is now mandatory that you receive a reduced
annuity in order to provide the maximum survivor annuity
for a current spouse (55 percent of your basic annuity).
The only exception is if your spouse agrees in writing to
accept a lesser survivor annuity or none at all.
Question 8. If I retire under Civil Service, do I have to provide a
survivor annuity for my current spouse?
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spouse(s) will be paid and whatever portion remains will go
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to your current spouse.
Example A: You have worked for the Federal Government for
30 years. During these 30 years you were married to your
first spouse for 15 years, to your second spouse for 10
years, and to your current spouse for 5 years.
The survivor annuity, which is 55 percent of your annuity,
would be divided as follows: your first spouse would
receive 1/2 (30 divided by 15); your second spouse would
receive 1/3 (30 divided by 10); and your current spouse
would receive whatever remained (1/6).
Example B: You retire after 30 years of Federal service.
During that period you were married to your first spouse
for 10 years, you were divorced and remained unmarried for
15 years, and then were married to your current spouse for
5 years. The survivor annuity would be divided as
follows: your former spouse would receive 1/3 (30 divided
by 10); and your current spouse would receive whatever
portion remains (2/3 in this example).
Question 12. Is my retirement annuity reduced more if I have both a
former spouse and a current spouse?
Answer: No.' The reduction will be the same regardless of how many
beneficiaries share the survivor annuity.
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Question 13. If my former spouse remarries, is he or she still entitled
to a survivor annuity?
Answer: If a former spouse remarries before reaching age 60 and
before the survivor annuity commences, the right to an
annuity is lost forever.
If your former spouse remarries before age 60 and was
receiving a survivor annuity, this annuity ceases during
the period of that marriage; but if that marriage is
dissolved, the survivor annuity will be restored, subject
to certain technical conditions.
If your former spouse remarries after age 60, the annuity
will not cease.
Retirement Annuity
Question 14. If I retire from the Agency, will my current spouse receive
a separate share of my retirement annuity?
Answer: No.
Question 15. If I have a former spouse when I retire, does that former
spouse receive a separate share of my retirement annuity?
Answer: Yes, unless your former spouse has waived this entitlement
or a divorce court has expressly ordered otherwise.
Question 16. How much of my annuity would my former spouse receive?
Answer: Unless the spousal agreement or the court provides a
greater or lesser amount, the law specifies that up to 50
percent of your annuity will go to your former spouse or
spouses. The exact amount that each former spouse will
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receive depends upon the length of time that former spouse
was married to you during your Federal Service.
Example A: Your former spouse was married to you for the
entire period of your Federal service; that spouse would
receive a full 50 percent of your retirement annuity.
Example B: Your former spouse was married to you for 10 of
the 30 years of your Federal service; he or she would
receive 1/3 of 50 percent (30 divided by 10).
Divorce and Separation
Question 17. Can the rights provided by the law to a former spouse be
allocated differently by a separation agreement or by a
divorce decree?
Answer: Yes, under the law, a spouse or former spouse can agree to
a change in the allocation of the benefits which are
provided by law.
Question 18. If a former spouse seeks to obtain the annuity or survivor
benefits provided by law, is there anything I can do to
seek a reduction in such benefits?
Answer: Your attorney can make any appropriate arguments to the
court as to what the divorce decree should include and the
court may reduce the benefits provided by law.
Question 19. If a former spouse is not satisfied with the benefits
provided by law, can he or she seek an increase?
Answer: In the same way that the employee can seek to have the
court adjust benefits downward, a former spouse can make
arguments to the court to adjust benefits upward.
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receive depends upon the length of time that former spouse
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was married to you during your Federal Service.
Example A: Your former spouse was married to you for the
entire period of your Federal service; that spouse would
receive a full 50 percent of your retirement annuity.
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Example B: Your former spouse was married to you for 10 of
the 30 years of your Federal service; he or she would
receive 1/3 of 50 percent (30 divided by 10).
Divorce and Separation
Question 17. Can the rights provided by the law to a former spouse be
allocated differently by a separation agreement or by a
divorce decree?
Answer: Yes, under the law, a spouse or former spouse can agree to
a change in the allocation of the benefits which are
provided by law.
Question 18. If a former spouse seeks to obtain the annuity or survivor
benefits provided by law, is there anything I can do to
seek a reduction in such benefits?
Answer: Your attorney can make any appropriate arguments to the
court as to what the divorce decree should include and the
court may reduce the benefits provided by law.
Question 19. If a former spouse is not satisfied with the benefits
provided by law, can he or she seek an increase?
Answer: In the same way that the employee can seek to have the
court adjust benefits downward, a former spouse can make
arguments to the court to adjust benefits upward.
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Question 20. If I have additional questions, where can I get more
Answer: Call the Retirement Affairs Division,
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EMPLOYEE 5 y s-'
BULLETIN
13 July 1984
PROPOSED RETIREMENT AND HEALTH BENEFITS LEGISLATION
1. This is to advise employees of the introduction of spousal
legislation by Congressman Romano L. Mazzoli which was referred to the
House Permanent Select Committee on Intelligence (HPSCI). If enacted,
this legislation would provide entitlements to certain former spouses of
CIA employees who were not eligible for benefits under the CIA Spouses'
Retirement Equity Act of 1982. The 1982 Act authorized qualified former
spouses an annuity or lump sum benefits if they were divorced after
15 November 1982. (A qualified former spouse is a former wife or husband
who was married to a CIA employee for not less than 10 years of
creditable service, of which at least five years were spent jointly
overseas by both the employee and the former spouse, and who has not
remarried before becoming age 60.)
2. The legislation (H.R. 5805) introduced by Congressman Mazzoli
would provide a prescribed lifetime annual benefit of approximately
$7,400 to any individual who was a former spouse of an employee or
retiree on or before 15 November 1982 and who meets the above definition
of a qualified former spouse. As currently proposed, payment of this
benefit would be made from the U.S. Treasury and would not require a
reduction in the basic annuity of an annuitant or involve any cost to an
employee whose former spouse would be eligible for benefits under this
legislation.
3. An annuity payable to a former spouse would commence 120 days
from the date of enactment if the employee is retired or deceased. In
the case of former spouses of employees currently on duty? the annuity
would commence 120 days after the retirement or death of the employee,
whichever comes first. If a former spouse remarries before age 60, the
annuity would cease until that remarriage is terminated by death or
divorce. A former spouse would not be eligible for benefits if a lump
sum payment had been paid unless the former spouse returns such payment.
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4. The proposed legislation also would make certain that former
spouses of CIA employees would be eligible to participate in the Federal
Employees Health Benefits Program (FEHBP). If qualified, such
individuals would be given the opportunity to enroll in a health plan
provided they pay to the FEHBP fund an amount equal to the sum of the
employee and Government contributions. To be eligible, the individual
must have been covered under the employee's health benefit. plan
immediately prior to the divorce and have been married to the employee
for not less than 10 years during periods of service by such employee
with the Agency, at least five years of which were spent overseas by both
the employee and former spouse.
5. It now appears that hearings on this legislation will be
scheduled by HPSCI in September. Specific dates will be provided when
determined. If any employees desire to make their views on this matter
known to HPSCI, they should forward their comments through the Director
of Personnel to the Office of Legislative Liaison, which will present
those views to HPSCI on behalf of the employees.
6. In a related matter, the House Committee on Post Office and
Civil Service has been considering legislation (H.R. 2300) which would
provide a former spouse of a Civil Service Retirement System participant
with a survivor benefit. The major provisions of this legislation would:
a. Require the Office of Personnel Management to pay survivor
annuities to former spouses to the extent specified in court orders
pursuant to divorce or annulment. (Current law allows for the
apportionment of a retired employee's annuity to a former spouse but
there is no authority to pay a survivor benefit to a former spouse.)
b. Reduce the employee's annuity to provide the survivor
annuity ordered by the court. The reduction would be eliminated if
the former spouse remarried before age 60.
c. Terminate a former spouse's right to a survivor annuity if
he or she remarried before age 60.
d. Prevent a married employee from waiving a survivor annuity
at the time of retirement without the written and notarized approval
of the current spouse.
Employees will be advised as events develop on this subject.
7. Any questions on the proposed retirement legislation should be
directed to Retirement Affairs Division, Office of Personnel (OP), on
Questions on the proposed health benefits provision
should be referred to the Insurance Branch, Benefits and Services
Division, OP, on
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t a ~'1 I
3 July 1984
T0: C/ROD
S]T VY FROM:
STAT
Proposed Employee Bulletin, Proposed Retirement and Health Benefits
Legislation, is submitted for publication. It has already been coordinated
with OGC. We would very much appreciate expeditious action in
publishing this bulletin. I would appreciate being called when it has been
approved for publication in order that a WWSB telepouch may be released.
STAT
STAT
that it had gone up to tie DDA for approval last Friday. I contacted -,CD and
was informed by by the secretary in that office (after she checked with C/RCD)
that the bulletin should go up to the D.;h for approval tomorrow (the 11th).
DD/,SI''s secretary was given this i_nfor.iation to give to IvIr. Owens.
On 10 July DD/SP asked the status of this BB as he had heard from
STAT
On 12 July DP)/SP asked the status of this EB. I contacted RCD and spoke with
Janet. She informed me that it would be hand-carried by DC/RCD up to he DDx for
approval with a printing date of :,omorrow. DD/SP advised.
STAT
STAT
STAT
. ~ AND -),L'-f- .W-C>
/3 -S )L LY -
ILLEGIB
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1. This is to advise employees of the introduction of spousal legis-
lation by Congressman Romano L. Mazzoli, which was referred to the House
Permanent Select Committee on Intelligence (HPSCI). If enacted, this
legislation would provide entitlements to certain former spouses of CIA
employees who were not eligible for benefits under the CIA. Spouses Retirement
Equity Act of 1982. The 1982 Act authorized qualified former spouses an
annuity or lump sum benefits if they were divorced after 15 November 1982. (A
qualified former spouse is a former wife or husband who: [1] was married to a
CIA employee for not less than 10 years of creditable service, of which at
least five years were spent jointly overseas by both the employee and the
former spouse; and, [2] has not remarried before becoming age 60.)
2. The legislation (H.R. 5805) introduced by Congressman Mazzoli would
provide a prescribed lifetime annual benefit of approximately $7,400 to any
individual who was a former spouse of an employee or retiree on or before
15 November 1982 and who meets the above definition of a qualified former
spouse. As currently proposed, payment of this benefit would be made from the
U.S. Treasury and would not require a reduction in the basic annuity of an
annuitant or involve any cost to an employee whose former spouse would be
eligible for benefits under this legislation.
3. An annuity payable to a former spouse would commence 120 days from
the date of enactment if the employee is retired or deceased. In the case of
former spouses of employees currently on duty, the annuity would commence 120
days after the retirement or death of the employee, whichever comes first. If
a former spouse remarries before age 60, the annuity would cease until that
remarriage is terminated by death or divorce. A former spouse would not be
eligible for benefits if a lump sum payment had been paid unless the former
spouse returns such payment.
4. The proposed legislation would also make certain former spouses of
CIA employees eligible to participate in the Federal Employees Health Benefits
Program (FEHBP). If qualified, such individuals would be given the oppor-
tunity to enroll in a health plan provided they pay to the FEHBP fund an
amount equal to the sum of the employee and Government contributions. To be
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eligible, the individual must have been covered under the employee's health
benefit plan immediately prior to the divorce and have been married to the
employee for not less than 10 years during periods of service by such employee
with the Agency, at least five years of which were spent overseas by both the
employee and former spouse.
5. It now appears that hearings on this legislation will be scheduled by
HPSCI for sometime in August and we will provide specific dates when they are
determined. If any employees desire to make their views on this matter known
to HPSCI, they should forward their comments through the :Director of Personnel
to the office of Legislative Liaison which will present those views to HPSCI
on behalf of the employees.
6. In a related matter, the House Committee on Post. Office and Civil
Service has been considering legislation (H.R. 2300) which would provide a
former spouse of a Civil Service Retirement System participant with a survivor
benefit. The major provisions of this legislation would do the following:
a. Require the Office of Personnel Management to pay survivor
annuities to former spouses to the extent specified in court orders
pursuant to divorce or annulment. (Current law allows for the
apportionment of a retired employee's annuity to a former spouse but
there is no authority to pay a survivor benefit to a. former spouse.)
b. The employee's annuity would be reduced to provide the survivor
annuity ordered by the court. The reduction would be eliminated if
the former spouse remarried before age 60.
c. A former spouse's right to a survivor annuity would terminate if
he or she remarried before age 60.
d. The bill would prevent a married employee from waiving a
survivor annuity at the time of retirement without the written and
notarized approval of the current spouse.
STAT
We will keep employees advised as events develop on this subject.
7. Any questions on the proposed retirement 1 islation should be
directed to Retirement Affairs Division on extension Questions on the
proposed health benefits provision should be referred to the Insurance Branch
on extension
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