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CIA-RDP75B00380R000700130011-3
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21
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December 16, 2016
Document Release Date: 
May 26, 2005
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11
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STAT Approved For Release 2005/06/06 : CIA-RDP75B0038OR000700130011-3 Next 1 Page(s) In Document Exempt Approved For Release 2005/06/06 : CIA-RDP75B0038OR000700130011-3 Approved For Release 2005/06/06 CIA-RDP75B00380R000700130011-3 Civil Service Retirement Act, Approved July 31, 1956' (This Act effective October 1, 1956, except as to amendments otherwise noted. For citations to amendments, see table in FPM Supplement 831-1.) DEFINITIONS SEC. 1. Wherever used in this Act- (a) The term "employee" shall mean a civilian officer or employee in or under the Government and, except for purposes of section 2, shall mean a person to whom this Act applies. (b) The term "Member" shall mean the Vice President, a United States Senator, Repre- sentative in Congress, Delegate from a Terri- tory, or the Resident Commissioner from Puerto Rico, and, except for purposes of section 2, shall mean a Member to whom this Act applies. (c) The term "congressional employee" means an employee of the Senate or House of Representatives or of a committee of either House, an employee of a joint committee of the two Houses, an elected officer of the Senate or House of Representatives who is not a Member of either House, the Legislative Counsel of the Senate and the Legislative Counsel of the House of Representatives and the employees in their respective offices, an Official Reporter of Debates of the Senate and a person employed by the Official Reporters of Debates of the Senate in connection with the performance of their official duties, a member of the Capitol Police force, an employee of the Vice President if such employee's compensation. is disbursed by the Secretary of the Senate, and an employee of a Member if such employee's compensation is disbursed by the Secretary of the Senate or the Clerk of the house of Representatives. (d) The term "basic salary" shall not include bonuses, allowances, overtime pay, military pay, or salary, pay, or compensation given in addition to the base pay of the position as fixed by law or regulation: Provided, That for em- ployees paid on a fee basis, the maximum amount of basic salary which may be used shall be $10,000 per annum. For a Member, the term "basic salary" shall include, from April 1, 1954, to February 28, 1955, the amount received as expense allowance under section 601 (b) of the Legislative Reorganization Act of 1946, as amended, and such amount from January 3, 1953, to March 31, 1954, provided deposit is made therefor as provided in section 4. (e) The term "average salary" shall mean the largest annual rate resulting from averaging, over any period of five consecutive years of creditable service, or at a Member's option over all periods of Member service subsequent to the date of enactment of the Legislative Reorgani- zation Act of 1946 used in the computation of an annuity under this Act, a Member's or an employee's rates of basic salary in erect during such period, with each rate weighted by the time it was in effect. (f) The term "fund" shall mean the civil service retirement and disability fund created by the Act of May 22, 1920. (g) The terms "disabled" and "disability" shall mean totally disabled for useful and efficient service in the grade or class of position last occupied by the employee or Member by reason of disease or injury not due to vicious habits, intemperance, or willful misconduct on his part within the five years next prior to becoming so disabled. (h) The term "widow", for purposes of sec- tion 10, shall mean the surviving wife of an employee or Member who was married to such individual for at least two years immediately preceding his death or is the mother of issue by such marriage. 1 The beginning and the end of amendments are marked by asterisks. Approved For Release 2005/06/06 : CIA-RDP75BOO380P,000700130011-3 Approved For Release 2005/06/06 : CIA-RDP75B0038OR000700130011-3 Civil Service Retirement Act I-iO7 (i) The term widower, for purposes of section to, shall mean the surviving husband of an em- ployee or Member who was married to such employee or Member for at least two years immediately preceding her death or is the father of issue by such marriage. The term dependent widower, for purposes of section 10, shall mean a widower who is incapable of self-support by reason of mental or physical disability, and who received more than one-half his support from such employee or Member. (j) The term child, for purposes of section 10(d), shall mean an unmarried child, including (1) an adopted child, and (2) a stepchild or recognized natural child who * * * 204_ lived with the Member or employee in a regular parent-child relationship, under the ago of 18 years, or such unmarried child regardless of age who because of physical or mental disability incurred before age 18 is incapable of self-support, * * * or such un- married child between 18 and ->* * * 22 * * * 2c* * * 22d * * * 2oE birthday occurs prior to July 1 or after August 31 of any calendar year, and while he is regularly pursuing such a course of study or training, shall be deemed for the purposes of this paragraph and section 10(d) to have attained the age of a* * * 22 * * * 2c* * * 60 years and completes 20 years of service, shall upon separation from the service, be paid an annuity * * * 15a com- puted as provided in section 9. (c) Any employee the duties of whose posi- tion are primarily the investigation, apprehen- sion, or detention of persons suspected or con- victed of offenses against the criminal laws of the United States, including any employee engaged in such activity who has been trans- ferred to a supervisory or administrative posi- tion, who attains the age of 50 years and com- pletes 20 years of service in the performance of such duties, may, if the head of his depart- ment or agency recommends his retirement and the Commission approves, voluntarily retire from the service and be paid an annuity com- puted as provided in section 9. The head of iae Amendment, of July 18, 1066, shown between asterisks. assigned to the field service of the Bureau of Prisons or to the field service of Federal Prison Industries, Incorporated, all civilian employees employed in the field services at Army or Navy disci- plinary barracks or at confinement and re- habilitation facilities operated by any of the United States armed services, and (4) all employees of the Department of Cor- rections of the District of Columbia, its industries and utilities, whose duties in connection with persons in de- tention suspected or convicted of offenses against the criminal laws of the United States or of the District of Columbia or offenses against the punitive articles of the Uniform Code of Military Justice require frequent (as determined by the appropriate administrative authority with the concurrence of the Commission) direct. contact with such persons in the detention, direction, supervision, inspection, training, em- ployment, care, transportation., or rehabilitation of such persons. (d) Any employee who completes 25 years of service or who attains the age of 50 years and completes 20 years of service shall upon in- voluntary separation from the service not by removal for cause on charges of misconduct or delinquency, be paid a reduced annuity computed as provided in section 9. (c) Any employee who attains the ago of 62 years and completes five years of service, shall upon separation from the service, be paid an annuity computed as provided in section 9. (f) Any Member who attains the age of 62 years and completes five years of * * * ci- Inst. 48 October 17, 1966 Approved For Reease 2005/06/06 : CIA-RDP75B00380R000700130011-3 Approved For Release 2005/06/06 : CIA-RDP75BOO38OR000700130011-3 vilian service * * * 11, or who attains the age of 60 years and completes 10 years of Member service, shall, upon separation from the serv- ice, be paid an annuity computed as provided in section 9. Any Member who attains the age of 55 years and completes 30 years of service shall, upon separation from the service prior to attainment of the age of 60 years, be paid a reduced annuity computed as provided in section 9. Any Member who completes 25 years of service, or who attains the age of 50 years * * * and (1) completes 20 years of service or (2) shall have served in nine Con- gresses * * * 17, shall, upon separation from the service (other than separation by resig- nation or expulsion), be paid a reduced annuity computed as provided in section 9. No Mem- ber or survivor of a Member shall be entitled to receive an annuity under this act unless there shall have been deducted or deposited the amounts specified in section 4 with respect to his last five years of * * * civilian service. * * * 18 DISABILITY RETIREMENT SEC. 7. (a) Any employee who completes rive years of civilian service and who is found by the Commission to have become disabled shall, upon his own application or upon appli- cation by his department or agency, be retired on an annuity computed as provided in section 9. Any Member who completes five years of Member service and who is found by the Com- mission to have become disabled shall, upon his own application, be retired on an annuity computed as provided in section 9. (b) No claim shall be allowed under this section unless the application is filed with the Commission prior to separation of the employee or Member from the service or within one year thereafter. This time limitation may be waived by the Commission for an individual who at the date of separation from service or within one year thereafter is mentally incompetent, if the application is filed with the Commission 11 Amendment of July 7, 1960, shown between asterisks. 17 Amendment of July 12, 1960, shown between aster- isks. 18 Amendment of August 27, 1958, effective March 1, 1958, shown between asterisks. Inst. 48 October 17, 1966 within one year from the date of restoration of such individual to competency or the appoint- ment of a fiduciary, whichever is the earlier. (c) Each annuitant retired under this section or under section 6 of the Act of May 29, 1930, as amended, unless his disability is permanent in character, shall at the expiration of one year from the date of such retirement and annually thereafter, until reaching age 60, be examined under the direction of the Commission.. If the annuitant fails to submit to examination as required under this section, payment of the annuity shall be suspended until continuance of the disability is satisfactorily established. (d) * * * If such annuitant, before reaching age 60, recovers from his disability, payment of the annuity shall cease upon reemployment by the Government or one year from the date of the medical examination showing such recovery, whichever is earlier. If such annui- tant, before reaching age 60, is restored to an earning capacity fairly comparable to the cur- rent rate of compensation of the position occu- pied at the time of retirement, payment of the annuity shall cease upon reemployment by the Government or one year from the end of the calendar year in which earning capacity is so restored, whichever is earlier. Earning capac- ity shall be deemed restored if, in each of two succeeding calendar years, the income of the. annuitant from wages or self-employment, or both, shall equal at least 80 per centum of the current rate of compensation of the position occupied immediately prior to retirement. (c) If such annuitant whose annuity is dis- continued under subsection (d) is not reem- ployed in any position included in the provisions of this act, he shall be considered except for service credit, as having been involuntarily separated from the service for the purposes of this act as of the date of discontinuance of the disability annuity and shall, after such dis- continuance, be entitled to annuity in accord- ance with the applicable provision of this act. In the case of an annuitant whose annuity is heretofore or hereafter discontinued because of an earning capacity provision of this or any prior law and such annuitant is not reemployed in any position included in the provisions of this act, annuity at the same rate shall be FPM Supplement 990-1 Approved For Release 2005/06/06 : CIA-RDP75BOO38OR000700130011-3 Approved For Release 2005/06/06 : CIA-RDP75B0038OR000700130011-3 Civil Service Retirement Act restored effective the first of the year following any calendar year in which his income from wages or self-employment, or both, is less than 80 per centum of the current rate of compensa- tion of the position occupied immediately prior to retirement, if he has not recovered from the disability for which he was retired. In the case of an annuitant whose annuity is heretofore or hereafter discontinued because of a medical finding that the annuitant has recovered from disability and such annuitant is not reemployed in any position included in the provisions of this act, annuity at the same rate shall be restored effective from the date of medical examination showing a recurrence of such disability. Neither the second nor third sentence of this subsection shall be applicable in the case of any person receiving or eligible to receive annuity under the first sentence hereof and who has reached * * 19 the age of 62 years.* (f) No person shall be entitled to receive an annuity under this act and compensation for injury or disability to himself under the Federal Employees' Compensation Act of September 7, 1916, as amended, covering the same period of time. This provision shall not bar the right of any claimant to the greater benefit conferred by either act for any part of the same period of time. Neither this provision nor any pro- vision in such Act of September 7, 1916, as amended, shall deny to any person an annuity accruing to such person under this act on ac- count of service rendered by him, or deny any concurrent benefit to such person under such Act of September 7, 1.916, as amended, on ac- count of the death of any other person.20 (g) Notwithstanding any provision of law to the contrary, the right of any person entitled to an annuity under this act shall not be af- fected because such person has received an award of compensation in a lump sum under section 14 of the Act of September 7, 1916, as amended, except that where such annuity is 1D Amendment of October 4, 1961, effective January 1, 1962, for payment purposes, shown between asterisks. 20 Public Law 86-767, approved September 13, 1960, authorizes the making of scheduled disability payments and furnishing of medical services to which entitled under the Federal Employees' Compensation Act in addition to annuity due. payable on account of the same disability for which compensation under such section has been paid, so much of such compensation as has been paid for any period extended beyond the date such annuity becomes effective, as determined by the Department of Labor, shall be refunded to the Department of Labor, to be covered into the Federal Employees' Compen- sation Fund. Before such person shall receive such annuity he shall (1) refund to such De- partment the amount representing such com- muted payments for such extended period, or (2) authorize the deduction of such amount from the annuity payable to him under this act, which amount shall be transmitted to such Department for reimbursement to such fund. Deductions from such annuity may be made from accrued and accruing payments, or may be prorated against and paid from accruing payments in such manner as the Department of Labor shall determine, whenever it finds that the financial circumstances of the annui- tant are such as to warrant such deferred re- funding. DEFERRED RETIREMENT SEC. 8. (a) Any employee who is separated from the service or transferred to a position not within the purview of this act after corn- pleting five years of civilian service may be paid an annuity beginning at the age of 62 years computed as provided in section 9. (b) Any Member who on or after January 1, 1956, has been or is separated from the service as a Member after completing five years of * * * civilian service * * * 21 may hereafter be paid an annuity beginning at the age of 62 years, computed as provided in section 9. Any Member who is separated from the service after completing 10 or more years of Member service may be paid an annuity beginning at the age of 60 years, computed as provided in section 9. * * * Any Member who is sepa- rated from the service after completing 20 or more years of service (including 10 or more years of Member service) may be paid a re- 21 Amendments of July 7, 1960, and October 4, 1961, shown between asterisks. Inst. 48 October 17, 1966 x^~. Approved For Release 2005/06/06 : CIA-RDP75BOO38OR000700130011-3 Approved For Release 2005/06/06 : CIA-RDP75B0038OR000700130011-3 duced annuity beginning at the age of 50 years, computed as provided in section 9. * * * 22 COMPUTATION OF ANNUITY 23 Sac. 9. (a) Except as otherwise provided in this section, the annuity of an employee retiring under this act shall be (1) the larger of (A) l%% per centum of the average salary multiplied by so much of the total service as does not exceed five years, or (B) 1 per centum of the average salary, plus $25, multiplied by so much of the total service as does not exceed five years, plus (2) the larger of (A) l-,% per centum of the aver- age salary multiplied by so much of the total service as exceeds five years but does not exceed 10 years, or (B) 1 per centum of the average salary, plus $25, multiplied by so much of the total service as exceeds five years but does not exceed 10 years, plus (3) the larger of (A) 2 per centum of the average salary multiplied by so much of the total service as exceeds 10 years, or (B) 1 per centum of the average salary, plus $25, multiplied by so much of the total service as exceeds 10 years: Provided, That the annuity shall not exceed 80 per centum of the average salary: Provided further, That the annu- ity of an employee retiring under section 7 shall be at least (1) 40 per centum of the average salary or (2) the sum obtained under this sub- section after increasing his total service by the period elapsing between the date of separation and the date he attains the age of 60 years, whichever is the lesser, but this proviso shall not increase the annuity of any survivor. (b) * * * The annuity of a congressional employee, or former congressional employee, retiring under this act shall be computed as provided in subsection (a), except that with respect to so much of his service as a congres- sional employee and his military service as does 22 Amendment of July 12, 1960, shown between as- terisks. 23 Under part III of the Act of October 11, 1962, each annuity (except any purchased by voluntary contributions) commencing between January 2, 1963, and December 31, 1963, is increased by 4 percent, by 3 percent if it commences between January 1, 1964, and December 31, 1964, by 2 percent if it commences in the calendar year 1965, or by 1 percent if commencing in calendar year 1966, with such percentage increase passing along to any qualified survivor. Inst. 43 October 17, 1966 not exceed a total of 15 years, and with re- spect to any Member service, the annuity shall be computed by multiplying 2j% per centum of the average salary by the years of such service: * * * 24 Provided, That the annuity shall not exceed 80 per centum of the average salary. This subsection shall not apply unless the con- gressional employee, * * * or former congres- sional employee, (1) has had at least five years' service as a congressional employee or Member, or any combination of such service, and (2) has had deductions withheld from his salary or made deposit covering his last five years of civilian service: * * * 24 Provided further, That the annuity of a congressional employee retiring under section 7 shall be at least (1) 40 per centum of the average salary or (2) the sum obtained under this subsection after increasing his service as a congressional employee by the period elapsing between the date of separation and the date he attains the age of 60 years, whichever is the lesser, but this provision shall not increase the annuity of any survivor. (c) * * * The annuity of a Member, or of a former Member with title to Member annuity, retiring under this act shall be com- puted as provided in subsection (a), except, that if lie has had at least five years' service as a Member or a congressional employee, or any combination of such service the annuity shall be computed, with respect to (1) his service as a Member and so much of his military service as is creditable for the purposes of this clause, and (2) so much of his congressional em- ployee service as does not exceed 15 years, by multiplying 2% per centum of the average salary by the years of such service.* * * 25 In no case shall an annuity computed under this sub- section exceed 80 per centum of the basic salary that lie is receiving at the time of such separa- tion from the service, and in no case shall the annuity of a Member retiring under section 7 be less than (A) 40 per centum of the average salary or (B) the sum obtained under this sub- section after increasing his Member service by 24 Amendments of July 7, 1960, and October 4, 1961, shown between asterisks. 25 Amendment of July 7, 1960, shown between asterisks. r , Approved. For Release 2005/06/06 : CIA-RDP75B0038OR000700130011-3 Approved For Release 2005/06/06 : CIA-RDP75B0038OR000700130011-3 Civil Service Retirement Act the period elapsing between the date of separa- tion and the date he attains the age of 60 years, whichever is the lesser, but this provision shall not increase the annuity of any survivor. ->* * * (d) The annuity as hereinbefore provided for an employee retiring under section 6(d), shall be reduced by one-sixth of 1 per centum for each full month such employee is under the age of 55 years at date of separation. The annuity as hereinbefore provided, for a Member retiring tinder the second or third sentence of section 6(f) on the third sentence of section 8(b), shall be reduced by one-twelfth of 1 per centum for each full month not in ex- cess of 60, and one-sixth of 1 per centum for each full month in excess of 60, such Member is under the age of 60 years at date of separ- ation.* * * 20< (e) The annuity of an employee retiring under section 6 (c) shall be 2 per centum of the average salary multiplied by the total service: Provided, That the annuity shall not exceed 80 per centum of the average salary. (f) The annuity as hereinbefore provided shn.h be reduced by 10 per centum of any deposit described in section 4 (c) remaining unpaid, unless the employee or Member shall elect to eliminate the service involved for purposes of annuity computation. * * * (g) The annuity as hereinbefore pro- vided (excluding any increase because of retirement under section 7) for any married employee or Member retiring under this Act, or any portion of such annuity designated in writing for purposes of section 10(a) (1), shall be reduced by 2j2 per centum of so much thereof as does not exceed $3,600 and by 10 per centum of so much thereof as exceeds $3,600 unless the employee or Member notifies the Commission in writing at the time of retirement that he does not desire his wife or husband to receive an annuity as provided in section 10(a) (1). * * * 27 (h) Any unmarried employee or Member re- tiring under section 6 or 8, and found by the 27 Amendment of July 18, 1966, shown between asterisks. 27 Amendment of October 11, 1962, shown between asterisks. Commission to be in good health, may at the time of retirement elect a reduced annuity, in lieu of the annuity as hereinbefore provided, and designate in writing a person having an insurable interest in the employee or Member to receive an annuity after the retired individ- ual's death. The annuity payable to the em- ployee or Member making such election shall be reduced by 10 per centum of an annuity computed as provided in section 9 and by 5 per centum of an annuity so computed for each full five years the person designated is younger than the retiring employee or Member, but such total reduction shall not exceed 40 per centum. (i) The annuity as hereinbefore provided, for an employee who is a citizen of the United States, shall be increased by $36 multiplied by total service in the employ of either the Alaska Engineering Commission or The Alaska Rail- road in the Territory of Alaska between March 12, 1914, and July 1, 1923, or in the employ of either the Isthmian Canal Commission or the Panama Railroad Company on the Isthmus of Panama between May 4, 1904, and April 1, 1914. SURVIVOR ANNUITIES SEC. 10. (a) (1) * * * If an employee or Member dies after having retired under any provision of this act and is survived by a wife or husband to whom the employee or Member was married at the time of retirement, such wife or husband shall be paid an annuity equal to 55 per centum of an annuity computed as provided in subsections (a), (b), (c), (d), (e), and (f) of section 9, as may apply with respect to the annuitant, or of such portion thereof as may have been designated in writing for such purpose by the employee or Member at the time of retirement, unless the employee or Member has notified the Commission in writing at the time of retirement that lie does not desire his wife or husband to receive such annuity. * * * 27 ->* * * (2) An annuity computed under this subsection shall commence on the day after the retired employee dies, and such annuity or any Inst. 48 October 17, 1966 X Approved For ReTe se 2005/06/06 : CIA-RDP75B0038OR000700130011-3 Approved For Release 2005/06/06 : CIA-RDP75B0038OR000700130011-3 right '.hereto shall terminate on the last day of the month before (A) in the case of the survivor of a retired employee, the survivor's remarriage prior to attaining age 60, or death or (B) in the case of the survivor of a Member, the survivor's death or remarriage. * * * 304_ (b) The annuity of a survivor designated under section 9(h) shall be * * * 55 per centum * * * 27 of the reduced annuity com- puted as provided in subsections (a), (b), (c), (d), (e), (f), and (h) of section 9 as may apply with respect to the annuitant. * * * The annuity of such survivor shall commence on the day after the retired employee or Member dies, and such annuity or any right thereto shall terminate on the last clay of the month before the survivor's death. * * * 211 (c) * * * If an employee or a Member dies after completing at least five years of civilian service, * * * 20 the widow or dependent widower of such employee or Member shall be paid an annuity equal to * * * 55 per centum * * * 27 of an annuity computed as provided in subsections (a), (b), (c), (e), and (f) of section 9 as may apply with respect to the employee or Member. -* * * * The annuity of such widow or dependent widower shall com- inence on the day after the employee or Mem- ber dies, and an annuity under this subsection or any right thereto shall terminate on the last day of the month before (1) the death of the widow or widower, (2) remarriage of the widow or widower of an employee prior to attaining 60, (3) remarriage of the widow or age widower of a Member regardless of age, or (4) the widower's becoming capable of self-sup- port. * * * 30 * * * (d) If an employee or a Member dies after completing at least five years of civilian service, or an employee or a Member dies after having retired under any provision of this act, and is survived by a wife or by a husband, each 24 Amendment of September 6, 1960, shown between asterisks. 29 Amendment of August 27, 1958, effective March 1, 1958, shown between asterisks. 31 Amendment of July 18, 1966, shown between asterisks. Inst. 48 October 17, 1966 surviving child shall be paid an annuity equal to the smallest of (1) 40 per centum of the employee's or Member's average salary divided by the number of children, (2) $600, or (3) $1,800 divided by the number of children, sub- ject to the provisions of section 18. If such employee or Member is not survived by a wife or husband, each surviving child shall be paid an annuity equal to the smallest of (1) 50 per centum of the employee's or Member's average salary divided by the number of children, (2) $720, or (3) $2,160 divided by the number of children, subject to the provisions of section 18. The commencing date of a child's annuity under this act or the Act of May 29, 1930, as amended from and after February 28, 1948, shall be deemed to be the day after the employee or Member dies, with payment beginning on that day or beginning or resuming on the first day of the month in which the child later becomes or again becomes a student as described in section 1 (j), provided the lump-sum credit, if paid, is returned to the fund. Such annuity shall ter- minate on the last day of the month before (1) the child's attaining age 14 unless he is then a student as described or incapable of self-sup- port, (2) his becoming capable of self-support after attaining age 18 unless he is then such a student, (3) his attaining age 22 if he is then such a student and not incapable of self-support, (4) his ceasing to be such a student after attain- ing age 18 unless he is then incapable of self- support, (5) his marriage, or (6) his death whichever first occurs. Upon the death of the surviving wife or husband or termination of the child's annuity, the annuity of any other child or children shall be recomputed and paid as though such wife, husband, or child had not survived the employee or Member. * * * 30* * * (f) In the case of a surviving spouse whose annuity under this section is hereafter terminated because of remarriage before attain- ing ago 60, annuity at the same rate shall be restored commencing on the day such re- marriage is dissolved by death, annulment, or divorce: Provided, That (1) said surviving spouse elects to receive such annuity in lieu of any survivor benefit to which he or she may be entitled, under this or any other retirement system established for employees of the Govern- ment, by reason of the remarriage, and (2) any lump sum paid upon termination of the annuity is returned to the fund. * * * 31b