Chapter 38, Subchapter II, Part F—, Section 2082, Subsection (h) · 50 U.S.C. Chapter 38 — CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

Contents

(h)

(1)

(A)Each participant who has performed military service before the date of separation on which entitlement to an annuity under this subchapter is based may pay to the Agency an amount equal to 7 percent of the amount of basic pay paid under section 204 of title 37 to the participant for each period of military service after December 1956; except, the amount to be paid for military service performed beginning on January 1, 1999, through December 31, 2000, shall be as follows:7.25 percent of basic payJanuary 1, 1999, to December 31, 1999. 7.4 percent of basic payJanuary 1, 2000, to December 31, 2000.

(B)The amount of such payments shall be based on such evidence of basic pay for military service as the participant may provide or, if the Director determines sufficient evidence has not been provided to adequately determine basic pay for military service, such payment shall be based upon estimates of such basic pay provided to the Director under paragraph (4).

(2)Any deposit made under paragraph (1) more than two years after the later of—

(A)October 1, 1983, or

(B)the date on which the participant making the deposit first becomes an employee of the Federal Government,

shall include interest on such amount computed and compounded annually beginning on the date of expiration of the two-year period. The interest rate that is applicable in computing interest in any year under this paragraph shall be equal to the interest rate that is applicable for such year under section 8334(e) of title 5.

(3)Any payment received by the Director under this subsection shall be deposited in the Treasury of the United States to the credit of the fund.

(4)The provisions of section 2031(l) of this title shall apply with respect to such information as the Director determines to be necessary for the administration of this subsection in the same manner that such section applies concerning information described in that section.

United States Government work; public domain under 17 U.S.C. § 105.

Defined terms · 28

Show every defined term

affected employee
means an employee of the Agency covered under subchapter II of chapter 84 of title 5 who—
Agency
means the Central Intelligence Agency.
assumed CIARDS annuity
means the amount of the survivor annuity to which the widow or widower would be entitled under subchapter II of this chapter based on the service of the deceased annuitant determined under section 8442(f)(5) of such title.
child
includes an adopted child and a natural child, but does not include a stepchild.
congressional intelligence committees
means the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
court
means a court of a State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin Islands, and any Indian court.
court order
means any court decree of divorce, annulment or legal separation, or any court order or court-approved property settlement agreement incident to such court decree of divorce, annulment, or legal separation.
covered position
means a position as—
creditable service
means all periods of a participant’s service that are creditable under sections 2081, 2082, and 2083 of this title.
determination month
means—
Director
means the Director of the Central Intelligence Agency.
employee
means an employee of the Agency who is subject to chapter 84 of title 5, including an employee referred to in section 2152(a) of this title.
former participant
means a person who—
former spouse
includes any former wife or husband of the retired participant, regardless of the length of marriage or the amount of creditable service completed by the participant.
fund balance
means the sum of—
lump-sum credit
means the unrefunded amount consisting of retirement deductions made from a participant’s basic pay and amounts deposited by a participant covering earlier service, including any amounts deposited under section 2082(h) of this title.
normal cost
means the level percentage of payroll required to be deposited in the fund to meet the cost of benefits payable under the system (computed in accordance with generally accepted actuarial practice on an entry-age basis) less the value of retirement benefits earned under another retirement system for government employees and less the cost of credit allowed for military service.
pay
means the rate of salary or basic pay as payable under any provision of law, including any provision of law limiting the expenditure of appropriated funds.
previous spouse
means an individual who was married for at least 9 months to a participant, former participant, or retired participant who had at least 18 months of service which are creditable under sections 2081, 2082, and 2083 of this title.
pro rata share
means the percentage that is equal to (A) the number of days of the marriage of the qualified former spouse to the employee during the employee’s periods of creditable service under chapter 84 of title 5, divided by (B) the total number of days of the employee’s creditable service.
qualified former spouse
means a former spouse of an employee or retired employee who—
qualifying service
means service determined by the Director to have been performed in carrying out duties described in section 2013 of this title.
retired participant
means a person who—
revised annuity participant
means an individual who—
spousal agreement
means an agreement between an employee, former employee, or retired employee and such employee’s spouse or qualified former spouse that—
State
includes the District of Columbia and any territory or possession of the United States.
surviving spouse
means the surviving wife or husband of a participant or retired participant who (i) was married to the participant or retired participant for at least 9 months immediately preceding the participant’s or retired participant’s death, or (ii) who is the parent of a child born of the marriage.
unfunded liability
means the estimated amount by which—