CHANGE: PAGE 5, STRIKE LINES 19 AND 20 AND SUBSTITUTES THE FOLLOWING LANGUAGE IN SECTION 302 (A).

Document Type: 
Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP89-00066R000300060001-5
Release Decision: 
RIFPUB
Original Classification: 
K
Document Page Count: 
16
Document Creation Date: 
December 22, 2016
Document Release Date: 
February 28, 2011
Sequence Number: 
1
Case Number: 
Publication Date: 
May 8, 1986
Content Type: 
MISC
File: 
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PDF icon CIA-RDP89-00066R000300060001-5.pdf688.2 KB
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Approved For Release 2011/02/28: CIA-RDP89-000668000300060001-5 It is imperative that the Director of the Central Intelligence Agency have the complete authority to administer all retirement programs for Agency employees. This is so because under existing statute the Director must protect the names, identities, and numbers of Agency employees. Without internal administration (including authority to disburse funds from the Treasury and Thrift Fund) being undertaken by the Agency, the Director will be unable to ensure that names and numbers of Agency employees are properly controlled. In the past, names in manual records at OPM had been sufficiently unsophisticated so as not to present a major CIA concern. The current state-of-the-art and the expectations for enhancements of existing automation systems caused the Agency to review what data on employees is contained externally at OPM. This review has concluded that the only way the Agency can ensure that the Director satisfies his statutory authority is to maintain all records on all Agency employees inside Agency premises. Without providing the Director of Central Intelligence with the statutory authorities to totally administer the retirement programs for all Agency employees, there is no way that Agency identities can be properly protected from becoming accessible by non-Agency employees. Approved For Release 2011/02/28: CIA-RDP89-000668000300060001-5 Approved For Release 2011/02/28 :CIA-RDP89-000668000300060001-5 Approved For Release 2011/02/28 :CIA-RDP89-000668000300060001-5 Approved For Release 2011/02/28: CIA-RDP89-000668000300060001-5 NO . 5P' the 19 and 20 and substitute page 5~ strike lines CHANGE: ollowin9 language in Section 302 (a f or employee's such officer's officer or determining ations as if such in Section for purposes of oblig defined retirement benefits and officer as were a law enforcemetates Code? employee United S employees 8401(17) of Title 5~ that CIA intended to clarify section are a change is the Director under this REASON: This but who are to receive nated by categ officers. desig ecial ?ry' law enforcement separate in the same manner as benefits NO. 7A after Code: the following dd . pa a 7, line 6 to a CHANGE. g as defined in Section former s ouse ho has a nd w a States Code all CIA of this Act. exclude 204 (b) (4) 304 (a) aPPears to chapter in section ouse provisions of language former sP that only CIASet REASON: employees from the intended to clarify This change is who meet the crite ears 84. with former spouses have served five Y to ee, emploYees- Act, i?e.~ to the emp Y In the CIARDbeen married ten years forth have overseas and this section. are covered by NO. 14AA and before immediately after line n~.-S ction to titleoflof page 13, add the following b Section 404 CHANGE: line ' as enacted Y of the C tirement Act the bill: 8331 of rovisions of Section the p in the Central "SEC. 309. Notwithstandin articipants S stem shall be P and Disability Title 5, United States Code' of Section 8350 of such ence Agency Retireme ur oses Intelli~o be emploYees for p P deemed ants to title." for CIARDS particip manner savings plan in the same This change provideshrift REASON: participate in the T chapter 83. as emploYees covered by Approved For Release 2011/02/28: CIA-RDP89-000668000300060001-5 Approved For Release 2011/02/28: CIA-RDP89-000668000300060001-5 NO. 14AAA line and before immediately after ne section to title III page 13' add the following Section 404 of CHANGE: line Act as enacted by of the etirement the bill: chapter 83 any provision of shall (a) Notwithstandin~ates Code, the Director to SEC. 310. 5, United S rotected pursuant ter 84 of Title of 1947, as 11 information p or chap aired to provide ency Act of not be req d (3) of the Natioentra1clntelligence Ag is not 102( ) the C to any party who Section to receive amended, or Section 6 of Executive ~uchrAct or Order 1949, as amended, or any the provisions of authorized under of such such information. authorize the provision The Director maY to such conditions and '~(b) arty subject rescribe." information to a P may P in the requirements as the Director nothing clarify that of records intended to and examination language is to review of the Thrift Plan or REASON: This law with respect to new Director the DCI's authority directed by the ExecWillesupercede the Director of OPM protect sensitive information. Approved For Release 2011/02/28: CIA-RDP89-000668000300060001-5 Approved For Release 2011/02/28: CIA-RDP89-000668000300060001-5 NO. 14AAA and before after line~eCtion to title III immediately b Section 404 of CHANGE: Page 13' add the following new lines Retirement Act as enacted Y of the CIA ter 83 the bill: of chap shall any provision irector (a) Notwithstandistates Code, the D to "SEC. 310. United rotected pursuant 84 of Title 5~ information p 1947, as or chapter rovide ecurity Act ?f ency Act of not be required to p ence Ag of the National Intellig arty who is not Section 102(d)(3) the Central to anY p or Section 6 of such Act or Order to receive amended, or any Executive Order, 1949, as amended,the provisions of authorized under rovision of such such information." the p ~~ The Director may author1zSUCh conditions and (b~ to a party subject to s as the Director may prescribe. in the information , to clarify that nothing records requirement e is intended and examination ?f Plan or This langua9 respect to review of the Thrift REASON: law with irector the DCI's authority to new the Executive D ercede directed by of OPM will sup the Director information. protect sensitive Approved For Release 2011/02/28: CIA-RDP89-000668000300060001-5 Approved For Release 2011/02/28 :CIA-RDP89-_000668000300060001-5 r E S.T .C. E f COLL. i~Z S~ y,CI .T :tLs :rS iZ' :. r y ~A rovided in this - except as o ~hez Ri..~ P- ~~Sec. 3132?. (a) f t~t~e 5, Gnited o fore Dece^ber 3 i , '1983 , and ~;ho have not i s;:ch system on or be since that date, of i Year 2 ,.=d ~ break in service in excess ha ter 84 of title 5, United Stages Code, are rot s~ub~ect to c P ? ether they are subject to title ZI of the .._ ~~.,.ut regard to ~h ~,.,.; a Security F.ct. t`r s of chap 4 of "''- rovlsions .?(c) the application of the P 5 to officers and er~ployees title 5, United states Code, 7 stab sect to the efe=red to in subsection (a) shall be g r this title. AnY ?ceotions and special rules previded_in g ek ~istent Kith a khich is incon.. ig ~ Y=ovisien of such chapter in this title shall r.ot aPp1Y to =uch i i ~~ecial =ule provided . and e:~~ployeeS. ~ G2f"r~o~lf~s i2 C==i ==s ~.C S~ C1TL`:i 2g3~_.. i =' i5 s_ct~on, in the - iication of chapter 8u apP- ;rho is is Stat?s Code, to an officer cr e:~:PloYGe of tT:e ~gencY r 1 rt to such chapter G~~ ~=v d~5ection 2C3, and is designated by the officer or a t? oI -` j 233 an s - sec t,.or, the pr_cvisicr,s o= i (b).. ro ed ,,o n o~,-ees re~~rr -, ~ ~ \.o oL ~s and e:~~P- -~, ~- _fice_ e_iLs shall be aY~ ,., r,- men. __~ ~ -~ ?.- Directo e,P~ oyee shall be treated c~~ScCt_G'1 therELSrE:~e , (~ excep ~ tha ~ . L ~, title `-'~ --.,.;,-.nom of c,aPter 8., c~ . - _ c~=tes Ccae? S v ~ `~ r.~ o~` ~ q cr~13~. \ S 0.S ~ ~ Q ('G~Gtc a..- o~? ~"t'S U ~. ~(~`~. N \ N W ,~:,}~e.. 5 , U Approved For Release 2011/02/28 :CIA-RDP89-000668000300060001-5 Approved For Release 2011/02/28 :CIA-RDP89-000668000300060001-5 May ~ 15 - 1986 Pierce: ~ hone that Mike O'Neil c~l~ This is the ~zzection we discussed on the p You about. e CIA.Retizement Act as contofi 1986,nadd ~e 406 Ch?-"fie ~ ~ Section 303 of th stem Act of the Fedezal ? ployees Retizer-ent Sy following subsection: . ~e Dizectoz of Centzal Intelligence shall issue ~~(c)(1) for officers and emPlOyees of the p,3ency zeg,1lations pzoviding ntez 83 of title 5, United States to sttbchaPtez III of c~~ zate benefit provided by subject ice, acrzual ~3,er to receive the spec effect as a ar~d (b) of this section .with tie ~s the othezwis subsections ( ) in the same manner.and applicable rate) ence shall submit the pzovide3 in such subsections. rtes on ??(2) The Director of Centzah ~~eto~the Select CQ~. under paragrap ent Select CAmmittee on regulations issued mate and the Pezman ations before the zeg~ f the zesentatives Intelligence o Intelligence~~of the House of ~P `~ n ta"xe effect. Approved For Release 2011/02/28 :CIA-RDP89-000668000300060001-5 Approved For Release 2011/02/28: CIA-RDP89-000668000300060001-5 PROPOSED CONFERENCE- AGREEMENT - SUPPLEMENTAL RETIREMENT LEGISLATION 1. BASIC ANNUITY PLAN Proposed conference agreement - May 14, 1986 A. Eligibility Federal ,civilian employees covered by Social Security (generally, those employees hired after December 31, 1983). ------------------------------------------ B. Employee 1.3% of pay in 1987, contributions 0.94% in 1988-89, and required 0.8% after 1989. ----------------------------------------------- C. Vesting of retire- 5 years civilian service, provided ment benefits employee's contributions are not refunded. ------------------------------------------------ D. Salary base Average of high-3 years salary. -------------------------------- fi. Retirement benefit 1% of high-3 pay times years of service, or 1.1% if retiring after age 62 & 20 years svc. --------------------------------------------- F. Eligibility for retirement ~? 1. Unreduced Age 62 & 5 years service, age 60 & 20 years service, or "Minimum Retirement Age" & 30 years service-- Year of birth Minimum Retirement Age ------------- ------------- Before 1948 -------- 55 1948 55 & 2 months 1949 55 & 4 months 1950 55 & 6 months 1951 55 & 8 months 1952 55 &10 months 1953 - 1964 56 1965 56 & 2 months 1966 55 & 4 months 1967 55 & 6 months 1968 55 & 8 months 1969 56 &10 months 2. Reduced Minimum Retirement Age & 10 years service. 3. Involuntary Age 50 & 20 years service, or any age & 25 years service. 4. Deferred Unreduced benefit at age 62, if employee had vested 5 years civilian service at termination and did not get refund of contributions. Reduced benefit available at Minimum Retirement Age to vested employee with 10 years service. Approved For Release 2011/02/28: CIA-RDP89-000668000300060001-5 Approved For Release 2011/02/28: CIA-RDP89-000668000300060001-5 page ?? 1. BASIC ANNUITY PLAN (continued) - - - - - - - - - - - - - - - - - - y - - - - - - - - - - - - - - Proposed conference agreement - May 14, 1986 G. Amount of annuity 1. Unreduced Based on accrual rate, without reduction. 2. Reduced Reduced 5X for each year under age 62. 3. Involuntary Based on accrual rate without reduction. Sup- plement paid from Minimum Ret. Age to age 62. 4. Deferred vested Full accrued benefit payable at age 62. 1 t d t Minimum e a b loyee retiring after Minimum Retirement Em p H. Supplement payable to age 62 Age with 30 years service, or age 60 with ZO years service, gets Supplement to age 62, equal to estimated Social Security benefit earned in federal service. Supplement is subject to earnings test, similar to the test used by Social Security at age 62, reducing Supplement if retiree has earned income in excess of an annual exempt amount (55,760 in 1986, wage-indexed`. --------------------------------------- I. Refunds Option to withdraw contributions at separa- tion with benefits forfeited. ----------------------------------- J. Cost-of-living adjustments (COLAs) 1. Annual COLA Increase in CPI Annual COLA percentage percentage, ------------- based on Up to 2: ...............Same as CPI increase increase in 2x to 3x ...............2: Consumer Price 3X or more .............CPI increase minus 1 Index (CPI) percentage point 2. Eligibility Regular retirees over age 62, or for COLA disabled and survivors at anv age. ---------------------------- H. Optional forms - 1. Joint-&-survivor annuity, automatic if of benefits married unless jointly rejected. Employee's annuity is reduced 10: to provide spouse with 50~ survivor benet'it. 2. Alternative options that are actuarially equivalent and offered by Office of Personnel Management. e a ec Reduced benefit can Retirement Age by former employee with 10 years of service. Approved For Release 2011/02/28: CIA-RDP89-000668000300060001-5 Approved For Release 2011/02/28: CIA-RDP89-000668000300060001-5 page 3 2. THRIFT-SAVINGS PLAN ? Proposed conference agreement - May 14, 1986 A. Eligibility Every 6 months employees have an open season to join the plan or reallocate investments. Newly hired employees may join at the second open season (6 to 12 months after hire). B Contributions by employer and employees Employer automatically contributes 1 percent of pay into each employee's account. ' Employees may contribute up to 10% of pay, as follows-- hi t ng c with employer ma First 3% of pay........ 51.00 per 51.00 Next 2Y of pay......... .5.50 per 51.00. So employer contributes at for any employee. moat 5% of pay Employees covered by CSRS also may contribute up to 5x of pay, with no employer matching, to invest in Fund A (government securities). C Vesting Full and immediate vesting of all except the 1X-of-pay automatic government contribution. This automatic contribution becomes vested at 3 years of service for career civil servants, 2 years of service for non-career SES and ' political (Schedule C) appointees, Members and Congressional staff. -------------------------------- D. Investments ' 1. Employee may Fund A--Special government securities. elect to invest own account in: Fund B--Fixed-income securities, using insurance company Guaranteed Investment Contracts (GICs), bank certificates of deposit or other private-sector securities. Fund C--Equities, using a stock index fund ? (invested in proportion to a diversi- fied common stock portfolio such as the Wilshire 5000 Equity index). 2. Management of The investment funds are managed by a Board investment funds of 5 members appointed by the President, taking into account one recommendation from the Senate and one from the House. Executive Director is responisible for investment operations, employee recordkeeping, etc. ' Voting rights in connection with common stock owned by the Plan are not exercised. __ Approved For Release 2011/02/28: CIA-RDP89-000668000300060001-5 Approved For Release 2011/02/28: CIA-RDP89-000668000300060001-5 page 4 2. THRIFT-SAVINGS PLAN (continued) ---------------------------------- Proposed conference agreement - May 14, 1986 D. Investments (continued) 3. Phase-in of private-sector investment option in early years of the thrift plan: Contributions in calendar year Employee Employer ------------- -------- -------- 1s8~ loox loox 1988 80 100 1989 60 100 1990 40 100 1991 20 100 (After 1991, no funds derived from employee contributions are required to be held in government securities.) Percentage required to be in government securities 1992 0 1993 0 1994 0 1995 0 1996 0 (After 1996, no funds be held in government E. Payout of employee retirement accounts Employee may elect payout account balance: 1. As annuity for life or 2. In cash (at retirement disability). 3. As rollover to IRA (at employment). 100 80 60 40 20 required to securities.) for a fixed term. age, death or termination of Active employees may not withdraw funds. ,. - Program of loans to employees is to be established by January 1, 1988. .~ Approved For Release 2011/02/28: CIA-RDP89-000668000300060001-5 Approved For Release 2011/02/28: CIA-RDP89-000668000300060001-5 page 5 3. SURVIVOR BENEFITS Proposed conference agreement - May 14, 1986 A. Pre-retirement At death of married employee with 18 months death benefit of civilian service, surviving spouse gets-- to spouse or former spouse 1. Lump sum of 515,000 (indexed to CPI) and one-half employee's annual rate of pay or high-3 average if higher. Spouse may elect payment as an annuity. 2. Annuity equal to 50% of accrued annuity, if employee had 10 years of service. These benefits are paid in addition to any Social Security, group life insurance or thrift plan death benefits. ------------------------------------------------------------------------ B. Children's benefits, Annually adjusted amounts, offset by Social payable at death Security children's benefits, varying by before or after number of children & whether or not orphaned. retirement In 1986 amount is about $2,800 per child, up to 3 children, or $3,400 if orphaned. Payable to unmarried child up to age 18, age 22 if in school, or any age if disability started before age 18. ------------------------------------------------------------------------ C. Optional post- Employee's annuity. is reduced 10~ to provide retirement annuity to surviving spouse. death benefit to spouse or Automatic if married unless .jointly former spouse rejected by both spouses. Surviving spouse gets (1) 50Y of employee's unreduced annuity, and (2) supplement payable to age 60 if ineligible for Social Security. At spouse's death, employee's annuity is restored to unreduced amount. ------------------------------------------------------------------- D. Special provisions Benefits are the same as for surviving for surviving spouses, subject to elections, court former spouses, orders and deposits in certain cases. or new spouses due to marriage after retirement Approved For Release 2011/02/28: CIA-RDP89-000668000300060001-5 Approved For Release 2011/02/28: CIA-RDP89-000668000300060001-5 page 6 4. DISABILITY BENEFITS Proposed conference agreement - May 14, 1986 A. Administration Disability benefit paid if employee has 18 and eligibility months of civilian service. 8. Definition of Employee must be unable, because of disease disability or injury, to render useful and efficient service in the employee's position. Employee will also qualify for Social Security benefits if unable to work in any substantial gainful activity. Employee may not decline reasonable job offer in the same agency and commuting area, at the' same pay grade. During disability, total income from work may not exceed 80: of former job's current pay level. Employee may be given physical exams. C. Disability benefit amounts 1. In first year 60~ of high-3 minus 100X of any Social of payments Security benefit payable to the employee. 2. After 1st year, 40: of high-3 minus 60: of initial Social up to age 62 Security benefit payable to the employee, increased by annual COLA percentage (same as allowed for basic annuity at age 62 & over), but not below annuity earned to date. ------------------------------------------------------------------------ D. Retirement benefits Recomputed from basic annuity formula, but after disabled limited to benefit payable to individual who employee reaches gets Social Security (40:-less-60X formula). age 62 _ Employee gets credit for years of disability ~~ toward basic annuity formula, and salary for . purposes of the high-3 goes up at annual COLA percentage. Approved For Release 2011/02/28: CIA-RDP89-000668000300060001-5 Approved For Release 2011/02/28: CIA-RDP89-000668000300060001-5 page 7 ' Proposed conference agreement - May 14, 1986 A. Credited service 1. Part-time service Pay rate is increased to full-time rate, and benefit formula uses pro-rated service. 2. Unused sick leave Not credited. 3. Military service To get credit for post-1956 military service, employee must deposit 3% of military base pay for period of service, plus interest if deposit made more than 2 years after hire. ------------------------------------------------------------------------ B. Treatment of special groups of employees 1. Firefighters, law enforcement officers and air traffic controllers Unreduced benefit at age 50 & 20 years of service, or any age & 25 years service. Annuity is 1.7y of high-3 pay times years of service up to 20, 1.OY times years over 20. Supplement paid to age 62, equals estimated Soc.Sec. benefit earned in federal service, earnings-tested above Minimum Retirement age. Annual COLA percentage applies at all ages. Employees contribute additional 0.5: of pay. 2. Military reserve Employee separated due to termination of mil- technicians itary service after age 50 & 25 years service gets unreduced annuity with Supplement to 62, earnings-tested above Minimum Retirement Age. 3. Members of Unreduced annuity for Members only at age 50 Congress and & 20 years of service, or any age & 25 years Congressional of service. employees Annuity is 1.7: of high-3 pay times years of service up to 20, 1.0: times years over ~0. Earnings-tested Supplement paid from Minimum Retirement Age to age 62. No COLA to age retirees before age 62. These classes contribute additional 0.5: of pay. 4. Employees of non- Not covered. Department of Defense is to appropriated fund provide a study of how to give such employees instrumentalities appropriate benefits and portability. Approved For Release 2011/02/28: CIA-RDP89-000668000300060001-5 ` Approved For Release 2011/02/28: CIA-RDP89-000668000300060001-5 page 8 5. MISCELLANEOUS PROVISIONS (continued) Proposed conference agreement - May 14, 1986 C. Transfers of current Current employees may elect between July 1 employees covered by and December 31, 198? to transfer into the CSRS to new program new plan including Social Security-- -- Credit in current program stops, but the high-3 pay continues to run. -- All service counts toward years needed to be eligible for retirement, disability ' and vesting in both CSRS and new plan. -- Employee gets survivor and disability coverage from the new plan only. -- Unused sick leave is credited under CSRS based on the amount accumulated at date of transfer, or date of retirement if lower. -- Current .law Social Security windfall benefit reduction provision is retained. ------------------------------------------------------------------------ D. Treatment of employees re-hired, who were not covered earlier by Social Security 1. Employees with Remain out of Social Security and are covered break-in-service by CSRS. May transfer to the new plan up to 1 year including Social Security coverage. 2. Employees with Covered by Social Security, and-- break-in-service a) Those with less than 5 years under CSRS over 1 year are covered by the new plan. b) Those with 5 or more years under CSRS are covered by CSRS with 100X offset of Social Security. May transfer to the new plan. ------------------------------------------------------------------------ E. Transition from New plan's effective date is January 1, 1987. interim plan in effect 1984-86 1. Employees newly hired on or after January 1, 19134 2. Employees before January 1, 1984, covered then by Social Security mandatorily Get credit for all service toward new plan. Those covered on January 1, 1987 get credit toward thrift plan of 1 of 1984-86 pay. These employees get CSRS benefits, offset by Social Security benefits attributable to federal service, and pay contributions at the CSRS rate less Social Security (OASDI) rate. They may transfer to the new plan. 3. Employees re-hired These employees are treated the same as during 1984-86 later re-hires (see D. above). Approved For Release 2011/02/28: CIA-RDP89-000668000300060001-5 Approved For Release 2011/02/28 :CIA-RDP89-000668000300060001-5 ~-eor '~ ,FNd o~ b'~? ~ stiauld Co o f ~ ~r%~ ~ 4 DAVID ,S ~ ~ ""'~~' A , DDINGTON COVNBgL SUBCOMyITTE6 ON LEOIBLATION HOUSE PERMANENT SELECT COMMITTEE ON INTELLIGENCE THE CAp~L WASHINGTON, OC 20615 (2021 226-7310 Approved For Release 2011/02/28 :CIA-RDP89-000668000300060001-5