LETTER TO DAVID L. BOREN FROM BARBARA COLBY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP10-00750R000100020007-1
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: December 22, 2016
• Document Release Date: December 19, 2011
• Sequence Number: 7
• Publication Date: September 6, 1988
• Content Type: LETTER

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b September
The Honorable David L. Boren
Chairman
Select Committee on Intelligence
United States Senate
The Honorable Louis Stokes
Chairman
Select?Committee on Intelligence
U.S. House of Representatives
Dear Messrs. Chairmen:
We should like to bring to your attention the fact that many
former spouses of CIA's overseas officers - as well as their
lawyers - remain unaware of the benefits and protections pro-
vided to them by recent legislation. Others have learned of
these provisions only, after they have waived all rights to them
in their divorce settlements. Lawyers, particularly in the
Washington area, are extremely familiar with provisions of Civil
Service legislation but remain unaware that the law provides
unique benefits and protections for spouses of CIA overseas
employees.
We believe that this omission can be overcome by a more vigorous
and conscientious effort on the part of CIA to inform all
spouses, current and former, of their rights.
Many otherwise eligible former spouses report that they received
no communication regarding their vested rights from CIA or from
their former employee-spouses. (See attachment for description
of these rights.) As far as we can see, very little information
has appeared in the press in the Washington, D.C. area and none
elsewhere. Spouses divorced before enactment of the legislation
giving these benefits report that they have had no direct commu-
nication with the CIA, especially those who have moved out of
the local area. Spouses who contacted CIA by telephone or letter
seeking information report receiving incomplete or inaccurate
information. ;ome spouses who have contacted the CIA's Family
Employee Liaison Office have been turned away with none.
Because this lack of information, some spouses report that
their final divorce decrees were written to meet the provisions
of Civil Service legislation. These provisions do not give a
spouse a presumed right to a pro-rata share of the retirement
and survivor annuity, based on years of marriage and service
overseas. As a result, spouses receive a smaller, and often
inadequate, share, of the annuity. If this is identified as
"alimony", the spoustis ineligible to receive the protection of
group health insurance, as provided by the CIA legislation.
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Also, the alimony ceases upon the death of the employee.
Some divorce decrees have eliminated earned survivor benefits
with such standard phrases as "waiving all future rights", or
awarding all such benefits to a second spouse who may or may
not have served abroad.
We know that CIA has undertaken to inform Agency personnel of
these legislated benefits in connection with divorce. These
employees were requested to inform their spouses. And certainly
in many cases this was done. However, in certain instances
when divorce was being contemplated, the necessary information
did not reach the dependent spouses. The results are noted above.
We ask that CIA continue and expand its effort to get information
to the dependent spouses of overseas employees in a complete and
timely fashion. To accomplish this, we suggest:
Preparation of an information packet to be given
directly to the spouses of all overseas employees
as they enter on duty. This information should be
updated throughout the employee's career. Guidance
could include procedures to ensure that classified
information, if any, be handled in an appropriate
manner.
Information concerning legislated benefits should
be available at all Family Employee Liaison Offices
for both employees and spouses directly. Information
could also be given out at seminars, training courses
and briefings for spouses and employees, including
supervisors and Chiefs and Deputy Chiefs of Station.
(We urge a greater inclusion of spouses in such
training.)
A well publicised "hotline" telephone number to
answer questions by spouses and their lawyers be-
fore divorce papers are written.
Periodic information in the national press, retiree
publications, and annuitant and employee bulletins.
A single notification on such an important topic is
insufficient. The publications should be selected
from among those that CIA spouses can be expected to
see and read.
A series-of mailings to all current employees to
establish a data bank of the identities of all
current, and if possible, former spouses of employees,
former and retired. The mailings should then be sent
directly to the identified spouses, current and former,
except in the few cases where security precludes
direct contact. (Foreign Service lawyers have deter-
mined that no invasion of privacy occurs when official
Government communications are sent directly to indi-
vidual citizens.)
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r }
We believe that Congress intended security in old age for
the spouses of CIA overseas employees who have served their
country on foreign assignments long and well. At the hearing
held by the House Select Committee on Intelligence prior to
the 1986 legislation, then Director of Personnel
stated that the CIA could and would notify all spouses, current
and former, of their rights. We believe that the time has come
to do so - to ensure that ALL of these dependents of CIA em-
ployees who have earned this protection, and in many cases,
desperately need such protection, receive it promptly. Closing
the communication gap will guarantee this.
We are at the disposal of your staff to discuss any aspect of
this matter.
Sincerely,
Barbara Colby
Attachment
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Legislative Benefits for Spouses of
CIA Employees Who Participate in CIARDS, the
CIA Employee Retirement and Disability
System
In 1982 Congress enacted legislation adopting for the Central Intelligence
Agency certain provisions of the Foreign Service Act of 1980 that would
benefit former spouses of CIA employees who participate in the Central
Intelligence Agency Retirement and Disability System (CIARDS). This
legislation is the CIA Spouses Retirement Equity Act of 1982 (Title VI of
FY 1983 Intelligence Authorisation Bill).
To be eligible for benefits under this and subsequent legislation
a spouse must have been married to such CIA employees for at least 10 years, and
must have served five years herself overseas during the active career of the
officer. Retirement and survivor benefits, if awarded, are computed as a
pro-rata share of 50:~percent:. of the employee's retirement annuity (55 percent
as the survivor annuity). And very importantly, the spouse goes into divorce
court with a presumed or vested right to this share. This may of course be
modified or rejected by a state divorce court order or spousal agreement.
P.L. 97-269, passed in 1982.
Applies to spouses divorced after this date. They are entitle to pension
sharing rights outlined above if the employee retires after 1982. They
also have the option for group health insurance, paying the entire cost of
premiums themselves.
p.L. 99-569. passed in 1986.
Former spouses divorced before 15 November 1982 from employees retired before
that date became eligible for survivor benefits, computed per above, but
paid for by Government contributions to the Retirement Fund. They too
become eligible for group health insurance, per above.
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CIA Spouses -
?ttachment.
P.L. 100-178, passed in 1987.
Former spouses divorced before 15 November 1982 whose former employee-
spouses retired before that date became eligible for Government-funded
retirement annuity when that employe retired and they (former spouses) have
achieved age 55. Former spouses of employees who died in service were provided
a Goverment-funded survivor annuity.
For each piece of legislation a former spouse become ineligible if she remarries
before age 60.
The group health option is available when the former spouse is declared
eligible under the above legislation and premiums must be paid in full by
the former spouse.
In each piece of legislation above, the Director of Central Intelligence
was given responsibility to informer former spouses of their rights.
For example, P.L. 99-569 states:
The Director of Central Intelligence shall, as
soon as possible, take all steps practicable -
(a) to determine the identity and current address of each
former spouse eligible for coverage - and
(b) to notify each such former spouse of that
individual's rights under this section.
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