AMENDING THE CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT

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CIA-RDP92-00455R000300040050-4
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December 12, 2016
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February 8, 2002
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50
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July 25, 1968
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Congressional Rarord -- 90th Congress, Second Session AppftQvQa2Fo-r- aW0002/04/01 : CIA-RDP92-0045510300040050-4 July 25, 1968 ceeds and receipts referred to in section 4 may initially be credited to a special subsidiary fund established by the con- tractor for that purpose in accordance with procedures prescribed by the Gen- eral Services Administration. That is the bill and, as complicated as it may sound, it really provides for an orderly method of operation of this im- portant adjunct to our national defense posture. AMENDING THE CENTRAL INTELLI- GENCE AGENCY RETIREMENT ACT Mr. PHILBIN. Mr. Speaker, I ask unanimous consent for the immediate consideration of the bill (H.R. 18786) to amend the Central Intelligence Agency Retirement Act of 1964 for certain em- ployees, and for other purposes. The Clerk read the title of the bill. The SPEAKER. Is there objection to the request of the gentleman from Massachusetts? , There was no objection. The Clerk read the bill, as follows: H.R. 18786 Be it enacted by the Senate and house of Representatives of the United States o/ America in Congress assembled, That section 291 of the Central Intelligence Agency Re- tirement Act of 1964 for Certain Employees (78 Stat. 1043; 50 U.S.C. 403 note) is amended to read as follows: "Sac. 291. (a) On the basis of determina- tions made by the Director pertaining to per centum change in the Price Index, the fol- lowing adjustments shall be made: "(1) Each annuity payable from the fund on January 1, 1967, shall be increased on that 'date by (a) 12.4 per centum for annuities which commence on or before January 1, 1966, or (b) 4.9 per centum for annuities which commence on or between January 2, 1966, and January 1, 1967. "(2) Each month beginning with Novem- ber 1966, the Director shall determine the per centum change in the price index. Effec- tive the first day of the third month which begins after the price index shall have equaled a rise of at least 3 per centum for three consecutive months'over the price in- dex for the base month, each annuity payable from the fund which has a commencing date not later than such effective date shall be increased by the per centum rise in the price index (calculated on the highest level of the price index during the three consecutive months) adjusted to the nearest one-tenth of 1 per centum. "(b) Eligibility for an annuity increase under this section shall be governed by the commencing date of each annuity payable from the fund as of the effective date of an increase, except as follows: "(1) Effective from its commencing date,. an annuity payable from the fund to an annuitant's survivor (other than a child en- titled under section 221(c)), which annuity commences the day after annuitant's death and after January 1, 1967, shall be increased by the total per centum increase the annui- tant was receiving under this section at death; or if'death occurred between January 1, 1967, and date of enactment, the per centum increase the annuitant would have received. . "(2) Effective from its commencing date, an annuity payable from the fund to a child under section 221(c), which annuity com- mences the day after annuitant's death and 117485 after. January 1, 1967, shall be increased by ice employees ' and it is only, in a sense (a) 2 per centurn if the annuity from which ? through an inadvertence that this situa- 1, 1966, or (b) 1 per centum if the annuity from which it is derived commenced on or between January 2, 1966, and January 1, 1967. "(3) For the purposes of computing an an- nuity which commences after January 1, 1967, to a child under section 221(c), the Stems $600, $720, $1,800, and $2,160 appear- ing in section 221(c) shall be, increased by 10.2 per centum plus the total per centum increase allowed and in force under section 291(a) (2) for employee annuities, and, in the case of a deceased annuitant, the items 40 per centum and 50 per centum appearing in section 221(c) shall be increased by the total per centum increase allowed and in force under this section to the annuitant at death; or if death occurred between January 1, 1967, and date of enactment, the per cen- tum increase the annuitant would have re- ceived. "(c) Any annuity increased under this sec- tion shall be decreased by the amount of in- crease in force and effect with respect to that annuity under section 291 prior to the date of enactment of this subsection. "(d) The term 'price index' shall mean the Consumer Price Index (all items-United States city average) published monthly by the Bureau of Labor Statistics. The term 'base month' shall mean the month of Octo- ber 1966 for the first increase under section 291(a)(2) and thereafter the month for which the price index showed a per centurn rise forming the basis for a cost-of-living an- nuity increase. "(e) No increase in annuity provided by this section shall be computed on any ad- ditional annuity purchased at retirement by voluntary contributions. "(f) The monthly installment of annuity. after adjustment under this section shall be fixed at the nearest dollar, except that such installment shall, after adjustment, reflect an Increase of at least $1." The bill was ordered to be engrossed and read a third time, was read the third time, and passed, and a motion to recon- sider was laid on the table. (Mr. PHILBIN asked and was given permission to revise and extend his re- marks.) Mr. PHILBIN. Mr. Speaker, this bill, H.R. 18786, represents a matter of simple equity and justice. The Congress has passed legislation which permits civil service employees to have their retirement adjusted as the cost of living rises. A relatively few peo- ple who are employed by the Central In- telligence Agency do not, for reasons that I will describe, receive these.same bene- fits. This bill will correct this situation and place these CIA people in the same position as their counterparts in the civil service. Very simply stated the situation is this: Civil service employees receive a cost-of-living increase in their retire- ment after any 3 months of 3-percent in- crease in the Consume Price Index. The few people in the CIA that this bill cov- ers receive such an increase only when the 3-percent increase extends over a period of a whole year and even then they do not get it until April of the succeeding year. There is no rhyme or reason why these people in the CIA should not be treated in the same fashion as civil serv- tion exists. Last year for example, these CIA people missed a cost-of-living in- crease by only two-tenths of 1 percent. The bill ' before you will once more bring the cost-of-living provisions in the agency retirement system back into phase with the similar provisions of the Civil Service Retirement Act and will provide the same increases that have been provided since 1965 in the civil service system. CIA personnel serve under two retire- ment systems. About 75 percent are cov- ered by the civil service system. The re- mainder are covered by the CIA retire- ment system enacted in 1964 as Public Law 88-643. At that time both systems contained similar provisions for cost-of- living adjustment of annuities. Public Law 87-793, approved in Oc- tober 1962, established the first cost-of- living adjustment formula for the civil service retirement system. As a part of the cost-of-living adjustment concept that law also provided 1965 civil service retirees a 2-percent annuity adjust- ment-1 percent for 1966 retirees. No such adjustment was provided for per- sonnel covered by the CIA system. In September of 1965 the civil service provision was changed by Public Law 89- 205 so that -the minimum period for measuring percentage increases to trig- ger an adjustment was compressed from - 1 calendar year to 3 consecutive months. Thus an actual increase could occur after any 3 months of 3 percent increase in the Consumer Price Index as against the old requirement of an average 3-percent in- crease for a full calendar year plus a 3- month waiting period. Furthermore, the December 1965 increase under the new civil service formula reflected the 'ac- cumulated increases in the CPI since 1962. The more responsive civil service for- mula has generated a total of three in- creases whereas the formula for the CIA system, passed in October 1964, has pro- duced only one increase. This is clearly illustrated by applying actual increases in force and. effect under each system to a typical retirement case. An employee who retired in July 1965 under the civil service system with a $6,000 basic an- nuity receives $7,009 per annum at pres- ent as a result of automatic annuity ad- justments. In contrast, an employee re- tiring at the same time under the CIA system and with the same basic annuity is now paid $6,276 per annum. I intend to insert in the RECORD as part, of my statement chfirts which graphically illus- trate inequities which now exist and which would be corrected by. this bill. The bill affords equitable treatment to CIA retirees by providing them the same increases already granted civil service retirees. It also assures that Iuture cost- of-living adjustments under the CIA re- tirement system are in consonance with future increases granted under the pres- ent civil service retirement law. That is all it does. The charts referred to follow: Approved. For Release 2002/04/01 1 CIA-RDP92-00455R000300040050-4 Approved For Fase 2002/04/01 : CIA-RDP92-00455300040050-4 C()NGRESSIONAL RECORD -HOUSE July 25, 1968 July 1,1965 Annuity of $6,000----------- --- Annuity of $6,000.__-______________ Annuity of $6,000. Do------- 2 percent increase equals $120 None____________________________ None. (Public Law 87-793); $6,120. Dec. 1,1965 6.1 percent increase equals $373 cost - ----- do-------------------- Do. of-living adjustment (including 1.5 percent, Public Law 89-205), $6,493. . Jan. 1,1967 3.9 percent increase equals $353 cost- _____do___________________________ 12.4 percent increase equals $744 of-living adjustment, $6,746. cost-of-living adjustment, sec. 291(aXI), $6,744. - Apr. 1, 1967 'None ----------------------------- 4.6 percent increase equals $276 Existing 4.6 percent increase offset, cost-of-living adjustment, $6,276. sec. 291(c). May 1,1968 3.9 percent increase equals $263 None; current annuity, $6,276......- 3.9 percent increase equals $263 cost-of-living adjustment; current cost-of-living adjustment, set. annuity, $7,009. .. 291(aX2); current annuity, $7,007. IN THE COMMITTEE OF THE WHOLE Accordingly the House resolved itself into .the Committee of the Whole House on the State of the Union for the further consideration of the bill H.R. 15067, with Mr. VANIc in the chair. The Clerk read the title of the bill. The CHAIRMAN. When the Commit- tee rose on yesterday, it had agreed that title I of the committee substitute amend- ment ending on page 20, line 21, would be considered as read and open to amendment at any point. . Are there any.ameiidents to title I? If not, the Clerk will read. The Clerk read as follows: TITLE II-AMENDMENTS TO COLLEGE LIBRARY ASSISTANCE AND LIBRARY TRAINING AND RESEARCH PROGRAMS PART A-COLLEGE LIBRARY RESOURCES EXTENSION OF PROGRAM July 1, 196G Annuity of $6,500__________________ Annuity of $6,500----------------- _ Annuity of $6,500. Do ------- 1 percent increase equals $65 (Public None____________________________ None. Law 87-793), $6,565. Jan. 1,1967 3.9 percent increase equal $256 cost- :-___do---------------------------- 4.9 pDercent increase equals $319, set of' living adjustment, $6,821. 291(a)(1), $6,819. May 1,1968 3.9 percent increase equal $266 cost- None; current annuity, $6,500 ------- 3.9 percent increase equals $266, of-livinadjustment; current an- sec. 291(aX2); current annuity, nuity, 45,08 3. $7,085. I Amount of assumed annuity for 1966 is increased $500 over the amount shown for 1965 in chart I to reflect probable increase based on higher high-5 average salary. CHART 3.-COST-OF-LIVING ADJUSTMENTS TO AN ASSUMED $7,0001 ANNUITY FROM JULY 1, 1967 SEC. 201. (a) The first sentence of section 201 of the Higher Education Act of 1965 is amended by inserting after "two succeeding fiscal years," the following; "$25,000,000 for the fiscal year ending June 30, 1969, and $35,000,000 for the fiscal year ending June 30, 1970,". (b) The second sentence of such section is amended by striking out "1969, and the succeding fiscal year" and inserting in lieu July 1,1967 Annuity of $7,000__________________ Annuity of $7,000 ----------------- Annuity of $7,000. May 1,1968 3.9 percent increase equals $273 cost- None; current annuity, ;7,000 ------- 3.9-percent increase equals $273 of-living adjustment; current an. cost-of-living adjustment, sec. nuity, $7,273. 291(aX2); current annuity, $7,273. I Amount of assumed annuity for 1967 is increased $500 over the amount shown for 1966 in chart 2 to reflect probable increase based on higher high-5 average salary. Mr. BRAY. Mr. Speaker, will the gen- The bill will not do one single thing tieman yield? I other than. bring these people into the (Mr. BRAY asked and was given per- mission to revise and extend his re- marks.) Mr. BRAY. Mr. Speaker, what H.R. 18786 will do has been well described by the gentleman from Massachusetts [Mr. PHILBINI. The bill is of course very simple indeed. It merely places a few people in CIA who are engaged in what is called ro- tational service abroad or are engaged in hazardous duties in the same posi- tion as the regular civil service people and our 31/2 million military people who receive cost-of-living increases under existing law. The people who are involved in this and the military retirees. Of course the House has already passed this legislation in a more extensive bill back In 1966. The Senate failed, however, to take action on this bill which con- tained the legislation we are considering today along with a number of other pro- visions. In the'fewest possible words, what the bill will do is change the minimum period for measuring cost-of-living percentage increases from 1 calendar year to 3 con- secutive months-and this is the situ- ation today with respect to our other military and civilian people who are re- tired. bill represent a small percentage of the THE HIGHER EDUCATION AMEND- employees of the Central Intelligence MENTS OF 1968 Agency. They may retire at age 50 with - Mr. PERKINS. Mr. Speaker, I move 20 years of Government service, 10 years of which "must be with the CIA. that the House resolve itself into the PART B-LIBRARY TRAINING AND RESEARCH, AND In virtually every respect this retire- Committee of the Whole House on the LIBRARY SCHOOL DEVELOPMENT ment system is the same as that for FBI State of the Union for the further con- - EXTENSION OF PROGRAM - sideration of the bill (H.R. 15067) to agents and other law-enforcement per-.. sonnel. amend the Higher Education Act of The reasons for this special system are obvious. The personnel must be in a younger age group because of their duties in support of clandestine opera- tions or other hazardous duty and they Act of 1958, the National Vocational Stu- dent Loan Insurance Act of 1965, the Higher Education Facilities Act of 1963, and related acts. almost by necessity must be retired at The SPEAKER. The question is on the an earlier age than the mandatory retire- motion offered by the gentleman from ment age of 70 provided for civil service Kentucky. ? employees. The motion was agreed to. years". ELIGIBILITY OF BRANCH INSTITUTIONS FOR SUP- PLEMENTAL AND SPECIAL PURPOSE GRANTS SEC. 202. (a) (1) The first sentence of sec- tion 203 (a) of such Act is amended by in- serting after "Institutions of higher edu- cation," the following: "(and to each branch of such institution which is located in a community different from that in which Its parent institution 1s located) ". (2) The second sentence of such section is amended by inserting "(or branch)" after "institution". (b) Section 204(a) (2) (A) of such Act is amended by inserting after "institutions of higher education" the following: "(or to - branches of such institutions which are lo- cated in a community different from that in which the parent institution is located) ". (c) Section 204(a) (2) (B) of such Act is amended by inserting after "Institutions of higher education" the following: "(or to such branches) REVISION OF MAINTENANCE-OF-EFFORT REQUIRE- MENT FOR SPECIAL PURPOSE GRANTS SEC. 203. (a) Section 204(b) (2) of the Higher Education Act of 1965 is amended by inserting after "June 30, 1965" the follow- ing: ", or during the two fiscal years pre- ceding the fiscal year for which the grant is requested, whichever is less". (b) The amendment made by subsection (a) shall be effective with respect to appli- cations for grants payable on or after the SEC. 221. (a) The first sentence of section 221 of the Higher Education Act of 1965 is amended by inserting after "two succeeding fiscal years," the following: "$11,800,000 for the fiscal year'ending June 30, 1969, and $28,000,000 for the fiscal year ending June 30, 1970,". (b) The second sentence of such section is amended by striking out "1969, and the suc- ceeding fiscal year" and inserting in lieu thereof "1971, and the two succeeding fiscal years". Approved For Release 2002/04/01 : CIA-RDP92-00455R000300040050-4