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ment, the per centum increase the annuitant would have received.

"(3) For the purpose of computing the annuity of a child under section 221(c) that commences after October 31, 1969, the items $900, $1,080, $2,700, and $3,240 appearing in section 221(c) shall be increased by the total per centum increases allowed and in force under this section on or after such day, and, in case of a deceased annuitant, the items 60 per centum and 75 per centum appearing in section 221(c) shall be increased by the total per centum allowed and in force to the annuitant under this section on or after such day.

"(4) The annuity of each surviving child receiving an annuity under section 221 immediately prior to November 1, 1969, shall be recomputed effective November 1, 1969, in accordance with paragraph (b)(2). No increase allowed and in force prior to such date under section 291 shall be included in the recomputation of any such annuity, and this paragraph shall not operate to reduce any annuity.

"(c) Any annuity increased under this section shall be decreased by the amount of increase 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 October 1966 for the first increase under section 291(a)(2) and thereafter the month for which the price index showed a per centum rise forming the basis for a costof-living annuity increase.

"(e) No increase in annuity provided by this section shall be computed on any additional 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.

[Amended Ex. Ord. No. 12326, § 4, Sept. 30, 1981, 46 F.R. 48889. For effective date of amendments, see section 7(d) of Ex. Ord. No. 12326, set out below.]

[Amended Pub. L. 94-361, title VIII, § 801(b), July 14, 1976, 90 Stat. 929.]

[Amended Pub. L. 93-210, § 1(a), Dec. 28, 1973, 87 Stat. 908. For effective date of amendment, see Effective Date of 1973 Amendment to Pub. L. 88-643, set out below.]

[Amended Pub. L. 91-185, § 5, Dec. 30, 1969, 83 Stat. 849. For effective date of amendment, see Effective Date of 1969 Amendment to Pub. L. 88-643, set out below.]

[Amended Pub. L. 90-539, Sept. 30, 1968, 82 Stat.

902.]

[Cost-of-Living Adjustment of Retired Pay or Retainer Pay of Members and Former Members of Armed Forces and Commissioned Officers of National Oceanic and Atmospheric Administration and Public Health Service, and Effective Date of 1976 Amendment, see Pub. L. 94-361, title VIII, § 801(c), July 14, 1976, 90 Stat. 929, set out as a note under section 1401a of Title 10, Armed Forces.]

"PART K-CONFORMITY WITH CIVIL SERVICE RETIREMENT SYSTEM

"AUTHORITY TO MAINTAIN EXISTING AREAS OF CONFORMITY BETWEEN CIVIL SERVICE AND CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEMS "SEC. 292. (a) Whenever the President determines that it would be appropriate for the purpose of maintaining existing conformity between the Civil Service Retirement and Disability System and the Central Intelligence Agency Retirement and Disability System with respect to substantially identical provisions, he may, by Executive order, extend to current or former participants in the Central Intelligence Agency Retirement and Disability System, or to their survivors, a provision of law enacted after January 1, 1975, which:

"(1) amends subchapter III, chapter 83, title 5, United States Code, and is applicable to civil service employees generally, or

"(2) otherwise affects current or former participants in the Civil Service Retirement and Disability System, or their survivors.

Any such order shall extend such provision of law so that it applies in like manner with respect to such Central Intelligence Agency Retirement and Disability System participants, former participants, or survivors. Any such order shall have the force and effect of law and may be given retroactive effect to a date not earlier than the effective date of the corresponding provision of law applicable to employees under the Civil Service Retirement System.

"(b) Any provisions of an Executive order issued pursuant to this section shall modify, supersede, or render inapplicable, as the case may be, to the extent inconsistent therewith

"(1) all provisions of law enacted prior to the effective date of the provision of such Executive order, and

"(2) any prior provision of an Executive order issued under authority of this section."

[Added Pub. L. 94-522, title II, § 213, Oct. 17, 1976, 90 Stat. 2471, 2472. For effective date of section, see Effective Date of 1976 Amendment to Pub. L. 88-463, set out below.]

EFFECTIVE DATE OF 1982 AMENDMENT TO PUB. L.
88-643

Pub. L. 97-269, title VI, § 613, Sept. 27, 1982, 96 Stat. 1154, provided that:

"(a) Except as provided in subsections (b) and (c) of this section, this title [enacting section 403n of this title and amending Pub. L. 88-643, set out above] shall take effect on November 15, 1982.

"(b) The provisions of section 222(a) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees [section 222(a) of Pub. L. 88-643], as added by this title, regarding the rights of former spouses to an annuity shall apply in the case of any individual who after the effective date of this title [Nov. 15, 1982] becomes a former spouse of an individual who separates from service with the Agency after such date.

"(c) Except to the extent provided in section 223 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees [section 223 of Pub. L. 88-643], the provisions of section 221(b) [section 221(b) of Pub. L. 88-643] (as amended by this title) and the provisions of subsections (b) and (c) of section 222 of such Act [section 222(b) and (c) of Pub. L. 88-643], as added by this title, regarding the rights of former spouses to receive survivor annuities shall apply in the case of any individual who after the effective date of this title [Nov. 15, 1982] becomes a former spouse of a participant or former participant in the Central Intelligence Agency Retirement and Disability System."

EFFECTIVE DATE OF 1976 AmendmentT TO PUB. L.

88-643

Pub. L. 94-522, title II, § 215, Oct. 17, 1976, 90 Stat. 2472, provided that:

"(a) This Act [amending Pub. L. 88-643] shall become effective October 1, 1976.

"(b) The amendments made by sections 201(a), (b), (c), and (d), 202, and 208 [amending sections 204(a), (b)(2), (3)(i), 221(b) and 232(b) of Pub. L. 88-643] shall not apply in the case of participants who died before January 8, 1971. The amendments made by section 201(e) [substituting "one year" for "two years" in section 204 of Pub. L. 88-643] shall not apply in the case of participants who died before April 9, 1974. The rights of such persons and their survivors shall continue in the same manner and to the same extent as if such amendments had not been enacted.

"(c) The amendment made by section 203 [enacting section 221(f)(2) of Pub. L. 88-643] shall apply to a participant who married prior to enactment [Oct. 17, 1976] but only if the election is made within one year after enactment [Oct. 17, 1976).

"(d) The amendment made by section 210 [amending section 251 of Pub. L. 88-643] is effective only with respect to annuity accruing for full months beginning after January 8, 1971; but any part of a period of separation referred to in such amendment in which the participant or former participant was receiving benefits under chapter 81 of title 5, United States Code or any earlier statute on which such chapter is based shall be counted whether the person returns to duty before, on, or after January 8, 1971. With respect to any person retired before such date of enactment, any such part of a period of separation shall be counted only upon application of the retired person.

"(e) The amendment in section 211 [amending section 252(a)(2) of Pub. L. 88-643] to credit certain service in the Public Health Service is effective as of April 8, 1960, and the amendment to credit certain service in the National Oceanic and Atmospheric Administration is effective as of September 14, 1961.

"(f) The amendment in section 212 [enacting section 264 of Pub. L. 88-643] is effective as of June 30, 1974. "(g) The amendment to recompute a reduced annuity during periods when not married in section 202 [amending section 221(b) of Pub. L. 88-643] shall apply to annuities which commence before, on, or after the date of enactment of this Act [Oct. 17, 1976), but no increase in annuity shall be paid for any period prior to November 1, 1974.

"(h) Annuity increases under sections 204 [enacting section 221(1), of Pub. L. 88-643] and 214 [set out as a note below] shall apply to annuities which commence before, on, or after the date of enactment of this Act [Oct. 17, 1976], but no increase in annuity shall be paid for any period prior to August 1, 1974, or the date on which the annuity commences, whichever is later." EFFECTIVE DATE OF 1973 AMENDMENT TO PUB. L. 88-643

Pub. L. 93-210, § 1(b), Dec. 28, 1973, 87 Stat. 908, provided that: "The amendments made by subsection (a) [adding par. (1) of section 291(b) of Pub. L. 88-643 and redesignating pars. (1), (2) and (3) of such section as pars. (2), (3) and (4)] shall apply only with respect to annuities which commence on or after July 2, 1973." EFFECTIVE DATE OF 1969 Amendments to Pub. L. 88-643

Pub. L. 91-185, § 6, Dec. 30, 1969, 83 Stat. 849, provided that:

"(a) The amendments made by section 1 [amending section 211(a) of Pub. L. 88-643] shall become effective at the beginning of the first applicable pay period beginning after December 31, 1969.

"(b) The amendments made by sections 3, 4 [amending sections 231(a) and 232(h) of Pub. L. 88-643], and 2 [amending section 221 of Pub. L. 88-643, and adding new pars. (g) and (h) at the end thereof), with the exception of 2(c) [amending subsec. (c) thereof), shall become effective October 20, 1969.

"(c) The amendments made by sections 2(c) and 5 [amending sections 221(c) and 291 of Pub. L. 88-643] shall become effective November 1, 1969.

"(d) The amendments made by sections 2(a), 2(e), 3, and 4(a)(1)-(2) [amending section 221(a), adding section 221(h), and amending sections 231(a) and 232(b) of Pub. L. 88-643] shall not apply in the cases of persons retired or otherwise separated prior to October 20, 1969, and the rights of such persons and their survivors shall continue in the same manner and to the same extent as if such sections had not been enacted." SHORT TITLE OF 1982 Amendment of PUB. L. 88-643

Pub. L. 97-269, title VI, § 601, Sept. 27, 1982, 96 Stat. 1145, provided that: "This title [enacting section 403n

of this title and amending Pub. L. 88-643 which is set out above] may be cited as the 'Central Intelligence Agency Spouses' Retirement Equity Act of 1982'."

CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY FUND; Annuity INCREASE PAYMENT; MONTHLY RATE

Pub. L. 94-522, title II, § 214, Oct. 17, 1976, 90 Stat. 2472, provided that:

"(a) An annuity payable from the Central Intelligence Agency Retirement and Disability Fund to an annuitant which is based on a separation occurring prior to October 20, 1969, is increased by $240 per

annum.

"(b) In lieu of any increase based on an increase under subsection (a) of this section, an annuity payable from the Central Intelligence Agency Retirement and Disability Fund to the surviving spouse of an annuitant, which is based on a separation occurring prior to October 20, 1969, shall be increased by $132 per

annum.

"(c) The monthly rate of an annuity resulting from an increase under this section shall be considered as the monthly rate of annuity payable under section 221(a) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (78 Stat. 1043; 50 U.S.C. 403 note) for purposes of computing the minimum annuity under new section 221(1) of the Act, as added by section 204 of this Act [section 221(1) of Pub. L. 88-643, set out as a note above]."

COMMUNICAtion of Restricted DaTA Authorization for the communication of Restricted Data by the Central Intelligence Agency, see Ex. Ord. No. 10899, eff. Dec. 9, 1960, 25 F.R. 12729, set out as a note under section 2162 of Title 42, The Public Health and Welfare.

EXECUTIVE ORDER NO. 10656

Ex. Ord. No. 10656, eff. Feb. 6, 1956, 21 F.R. 859, which established the President's Board of Consultants on Foreign Intelligence Activities, was revoked by Ex. Ord. No. 10938, eff. May 4, 1961, 26 F.R. 3951, formerly set out below.

EXECUTIVE ORDER No. 10938

Ex. Ord. No. 10938, eff. May 4, 1961, 26 F.R. 3951, which established the President's Foreign Intelligence Advisory Board, was revoked by Ex. Ord. No. 11460, eff. Mar. 20, 1969, 34 F.R. 5535, formerly set out below.

EXECUTIVE ORDER NO. 11460

Ex. Ord. No. 11460, Mar. 20, 1969, 34 F.R. 5535, which established the President's Foreign Intelligence Advisory Board, was revoked by Ex. Ord. No. 11984, May 4, 1977, 42 F.R. 23129, set out below.

Ex. ORD. No. 11950. CONFORMING CENTRAL INTELLIGENCE AGENCY AND CIVIL SERVICE RETIREMENT AND DISABILITY SYSTEMS RESpecting Cost of Living ADJUSTMENTS

Ex. Ord. No. 11950, eff. Jan. 6, 1977, 42 F.R. 1451, provided:

By virtue of the authority vested in me by section 801(c) of the Department of Defense Appropriation Authorization Act, 1977 (90 Stat. 929; 10 U.S.C. 1401a note), section 292 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (90 Stat. 2472; 50 U.S.C. 403 note), and as President of the United States of America, it is hereby ordered as follows:

SECTION 1. The Director of Central Intelligence shall:

(a) on January 1 of each year, or within a reasonable time thereafter, determine the percent change in the price index published for December of the preceding

year over the price index published for June of the preceding year, and

(b) on July 1 of each year, or within a reasonable time thereafter, determine the percent change in the price index published for June of such year over the price index published for December of the preceding year.

SEC. 2. If in any year the percent change determined under either section 1(a) or 1(b) indicates a rise in the price index, then:

(a) effective March 1 of such year, in the case of an increase under section 1(a), each annuity payable from the Central Intelligence Agency Retirement and Disability Fund having a commencing date not later than such March 1 shall be increased by the percent change computed under such paragraph, adjusted to the nearest 0 of 1 percent, or

(b) effective September 1 of such year, in the case of an increase under section 1(b), each annuity payable from the Central Intelligence Agency Retirement and Disability Fund having a commencing date not later than such September 1 shall be increased by the percent change computed under such paragraph, adjusted to the nearest o of 1 percent.

SEC. 3. The changes made by sections 1 and 2 of this order shall apply to any increase in annuities after October 1, 1976, except that with respect to the first date after October 1, 1976 on which the Director is to determine a percent change, such percent change shall be determined by computing the change in the price index published for the month immediately preceding such first date over the price index for the last month immediately prior to October 1, 1976 for which the price index showed a percent rise forming the basis of a cost of living annuity increase under section 291(a) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees [set out as a note above], as in effect immediately prior to October 1, 1976.

GERALD R. FORD. EX. ORD. NO. 11984. ABOLITION OF PRESIDENT'S FOREIGN INTELLIGENCE ADVISORY BOARD

Ex. Ord. No. 11984, May 4, 1977, 42 F.R. 23129, provided:

By virtue of the authority vested in me by the Constitution and statutes of the United States of America, and as President of the United States of America, in order to abolish the President's Foreign Intelligence Advisory Board, Executive Order No. 11460 of March 20, 1969, is hereby revoked.

JIMMY CARTER.

Ex. ORD. No. 12023. Conforming THE CENTRAL INTELLIGENCE AGENCY AND CIVIL SERVICE RETIREMENT AND DISABILITY SYSTEMS

Ex. Ord. No. 12023, Dec. 1, 1977, 42 F.R. 61443, provided:

By virtue of the authority vested in me by Section 292 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (90 Stat. 2472; 50 U.S.C. 403 note), and as President of the United States of America, it is hereby ordered as follows:

SECTION 1. The Director of Central Intelligence, hereafter referred to as the Director, shall maintain the Central Intelligence Agency Retirement and Disability System and the Central Intelligence Agency Retirement and Disability Fund, hereafter referred to as the Fund, in accordance with the following principles:

(a) None of the moneys mentioned in the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (78 Stat. 1043, as amended; 50 U.S.C. 403 note), shall be assignable, either in law or equity, except under the provisions of subsection (b) of this Section, or subject to execution, levy, attachment, garnishment, or other legal process, except as otherwise may be provided by Federal laws.

(b) An individual entitled to an annuity from the Fund may make allotments or assignments of amounts

of such annuity for such purposes as the Director in his sole discretion considers appropriate.

(c) No payment shall be made from the Fund unless an application for benefits based on the service of the participant is received by the Director before the one hundred and fifteenth anniversary of the participant's birth.

(d) Notwithstanding the provisions of subsection (c) of this Section, after the death of a participant or annuitant, no benefit based on the service of such person shall be paid from the Fund unless an application therefor is received by the Director within 30 years after the death or other event which gives rise to title to benefit.

(e) Sums deducted from salaries pursuant to Section 273 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (78 Stat. 1053; 50 U.S.C. 403 note) shall be deposited in the Treasury of the United States to the credit of the Fund.

SEC. 2. The provisions of this Order are effective as follows:

(a) The provisions of Sections 1(a) and 1(b) are effective as of December 23, 1975.

(b) The provisions of Sections 1(c) and 1(d) are effective as of December 31, 1975.

(c) The provisions of Section 1(e) are effective as of October 1, 1976 and shall apply to annuitants serving in appointed positions on and after that date.

SEC. 3. The Director of Central Intelligence is authorized to prescribe such regulations as are necessary to carry out the provisions of this Order.

JIMMY CARTER.

Ex. ORD. No. 12197. CONFORMING CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM TO AMENDMENTS TO CIVIL SERVICE RETIREMENT AND DISABILITY SYSTEM

Ex. Ord. No. 12197, Mar. 5, 1980, 45 F.R. 14833, provided:

By the authority vested in me as President of the United States of America by Section 292 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (50 U.S.C. 403 note), and in order to conform the Central Intelligence Agency Retirement and Disability System to certain amendments to the Civil Service Retirement and Disability System (Public Law 95-317 [amending sections 8339 and 8341 of Title 5, Government Organization and Employees and enacting provisions set out as notes under section 8339 of Title 5] and Public Law 95-366 [amending sections 8345 and 8346 of Title 5 and enacting a provision set out as a note under section 8345 of Title 5]), it is hereby ordered as follows: 1-101. The Director of Central Intelligence shall maintain the Central Intelligence Agency Retirement and Disability System in accordance with the following principles:

(a) The automatic restoration of the reduction in the annuity of the annuitant upon his or her remarriage shall be eliminated and the annuitant shall be allowed to elect, upon such remarriage, whether to provide a survivor annuity for the new spouse. The annuitant's election shall be irrevocable during the remarriage, and must be made in a signed writing and received by the Director within one year after the date of the remarriage. If the annuitant makes such an election, his or her annuity shall be reduced by the same percentage reduction which was in effect immediately before the dissolution of the previous marriage, and such reduction shall take effect on the first day of the month beginning one year after the date of the remarriage.

(b) The reduction in the annuity of an annuitant shall be restored when a person designated as having an insurable interest in the annuitant predeceases the annuitant. Payment of the annuity at the singlelife rate shall be effective the first day of the month

following the death of the individual designated as having had the insurable interest.

(c) An annuitant who was unmarried at the time of retirement but who marries after retirement shall be allowed to irrevocably elect, in a signed writing received by the Director within one year after the date of the marriage, a reduction in his or her annuity to provide a survivor annuity for his or her spouse. Such reduction shall be effective the first day of the month beginning one year after the date of marriage. An election to provide an annuity to a surviving spouse made under this provision, voids prospectively any previous election to provide a survivor annuity to an individual named as having an insurable interest in the annuitant. Since the annuity reduction for the benefit of a surviving spouse will not take effect until the first day of the first month beginning one year after the date of the marriage, any annuity reduction in effect for an insurable interest benefit will not terminate until such date.

(d) Each annuitant shall be informed, on an annual basis, of such annuitant's rights of election under this Order.

(e) Payments to an annuitant which are based upon his or her service shall be paid, in whole or in part by the CIA Retirement and Disability System to another person if and to the extent expressly provided for in the terms of any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation. Any payment under this provision to a person bars recovery by any other person. This provision shall only apply to payments made after the date of receipt by the Director of written notice of such decree, order, or agreement, and such additional information and documentation as the Director may prescribe. As used in this subsection "court" means any court of any State or the District of Columbia.

1-102. (a) The provisions of Section 1-101(a) are effective as of October 1, 1978, and shall apply with respect to annuities which commence before, on, or after October 1, 1978. No monetary benefit by reason of such provisions shall accrue for any period before such effective date. The provisions of Section 1-101(a) of this Order shall not affect the eligibility of any individual to a survivor annuity in the case of an annuitant who remarried before October 1, 1978, unless the annuitant notifies the Director in a signed writing received by the Director no later than December 31, 1980, that such annuitant does not desire the spouse of the annuitant to receive a survivor annuity in the event of the annuitant's death. Such notification shall take effect the first day of the first month after it is received by the Director.

(b) The provisions of Section 1-101(b) and (c) are effective as of October 1, 1978, and shall apply with respect to annuities which commence before, on, or after October 1, 1978. No monetary benefit by reason of such provisions shall accrue for any period before such effective date.

(c) The provisions of Sections 1-101(d) and (e) are effective immediately.

1-103. The Director of Central Intelligence is authorized to prescribe such regulations as are necessary to carry out the provisions of this Order.

JIMMY CARTER.

Ex. ORD. No. 12253. CONFORMING THE CENTRAL INTELLIGENCE AGENCY AND CIVIL SERVICE RETIREMENT AND DISABILITY SYSTEMS

Ex. Ord. No. 12253, Nov. 25, 1980, 45 F.R. 78995, provided:

By the authority vested in me as President of the United States of America by Section 292 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (50 U.S.C. 403 note),

and in order to conform the Central Intelligence Agency Retirement and Disability System to certain amendments to the Civil Service Retirement and Disability System (Public Law 96-179 [amending sections 8901, 8902, 8341 and 8944 of Title 5, Government Organization and Employees, and enacting provisions set out as notes under sections 8341 and 8902 of Title 5]), it is hereby ordered as follows:

1-101. The Director of Central Intelligence shall maintain the Central Intelligence Agency Retirement and Disability System in accordance with the following:

(a) Eliminate the "living with" requirement in the case of recognized natural children.

(b) Add a requirement of dependency to the definition of child and define "dependent" as follows: "Dependent," in the case of any child, means that the participant involved was, at the time of the participant's death, either living with or contributing to the support of such child, as determined in accordance with such regulations as the Director shall prescribe.

1-102. The provisions of Section 1-101 are effective as of January 2, 1980.

1-103. The Director of Central Intelligence is authorized to prescribe such regulations as are necessary to carry out the provisions of this Order.

JIMMY CARTER.

Ex. ORD. No. 12273. CONFORMING THE CENTRAL INTELLIGENCE AGENCY AND CIVIL SERVICE RETIREMENT AND DISABILITY SYSTEMS

Ex. Ord. No. 12273, Jan. 16, 1981, 46 F.R. 5854, provided:

By the authority vested in me as President of the United States of America by Section 292 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (50 U.S.C. 403 note), and in order to further conform the Central Intelligence Agency Retirement and Disability System to certain amendments to the Civil Service Retirement and Disability System, it is hereby ordered as follows: 1-101. Section 291(b) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended [50 U.S.C. 403 note], shall be deemed to be amended (a) by striking out paragraph (1) thereof, and (b) by inserting in lieu thereof the following: "(1) The first cost-of-living increase (if any) made to an annuity which is payable from the Central Intelligence Agency Retirement and Disability Fund to a participant who retires, or to the widow or widower of a deceased participant, shall be equal to the product (adjusted to the nearest of % of one percent) of:

"a. % of the applicable percent change computed under subsection (a) of this Section, multiplied by

"b. the number of full months for which the annuity was payable from the Fund before the effective date of the increase (counting any portion of a month as a full month).".

1-102. The amendment made by subsection 1-101(a) hereof shall apply with respect to annuities commencing after January 19, 1981.

JIMMY CARTER.

Ex. ORD. NO. 12326. CONFORMING THE Central INTELLIGENCE AGENCY AND CIVIL SERVICE RETIREMENT AND DISABILITY SYSTEMS

Ex. Ord. No. 12326, Sept. 30, 1981, 46 F.R. 48889, provided:

By the authority vested in me as President of the United States of America by Section 292 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (50 U.S.C. 403 note), and in order to conform further the Central Intelligence Agency Retirement and Disability System to certain amendments in the Civil Service Retirement and Disability System, it is hereby ordered as follows:

SECTION 1. Section 221(b)(1) of the Central Intelligence Agency Retirement Act of 1964 for Certain Em

ployees, as amended [50 U.S.C. 403 note], shall be deemed to be amended by inserting the following after the last sentence of that paragraph:

"Any written notification (or designation) by any participant under this section shall not be considered valid unless the participant establishes to the satisfaction of the Director (a) that the spouse has been notified of the loss of or reduction in survivor benefits or (b) that the participant has complied with such notification requirements as the Director shall, by regulation, prescribe."

SEC. 2. Section 231(a) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended [50 U.S.C. 403 note], shall be deemed to be amended by deleting the first sentence thereof, and inserting in lieu thereof the following:

"Any participant who has five years of service credit toward retirement under the system, excluding military or naval service that is credited in accordance with provisions of section 251 or 252(a)(2) and who has become disabled shall, upon his own application or upon order of the Director, be retired on an annuity computed as prescribed in section 221. A participant shall be considered to be disabled only if the participant is found by the Director to be unable, because of disease or injury, to render useful and efficient service in the participant's position and is not qualified for reassignment, under procedures prescribed by the Director, to a vacant position which is in the Agency at the same grade or level and in which the participant would be able to render useful and efficient service." SEC. 3. Section 221 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended [50 U.S.C. 403 note], shall be deemed to be amended by inserting after subsection (1) thereof the following new subsection:

"(m) If a participant retiring under section 231 of this Act is receiving retired pay or retainer pay for military service (except that specified in section 252(e)) or Veterans Administration pension or compensation in lieu of such retired or retainer pay, the annuity of that participant shall be computed under subsection (a) of this section, excluding credit for such military service from that computation. If the amount of the annuity so computed, plus the retired or retainer pay which is received, or which would be received but for the application of the limitation in Section 5532 of Title 5 of the United States Code, or the Veterans Administration pension or compensation in lieu of such retired or retainer pay, is less than the annuity that would otherwise be payable under Section 231, an amount equal to the difference shall be added to the annuity payable under subsection (a) of this Section."

SEC. 4. Section 291(a) and (b)(1) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended [50 U.S.C. 403 note], shall be deemed to be amended to read as follows:

"(a) On the basis of determination made by the Director pertaining to per centum change in the Price Index, the following adjustments shall be made:

"(1) Except as provided in subsection (b) of this Section, effective March 1 of each year each annuity payable from the Fund having a commencing date not later than such March 1 shall be increased by the percent change in the Price Index published for December of the preceding year, adjusted to the nearest onetenth of one percent.

"(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) The first cost-of-living increase (if any) made under subsection (a) of this Section to an annuity which is payable from the Fund to a participant who retires or to the widow or widower of a deceased participant whose annuity has not been increased under this subsection or subsection (a) of this Section, shall be equal to the product (adjusted to the nearest onetenth of one percent) of—

"(A) one-twelfth of the applicable percent change computed under subsection (a) of this Section, multiplied by

"(B) the number of months (counting any portion of a month as a month)—

(i) for which the annuity was payable from the Fund before the effective date of the increase, or "(ii) in the case of a widow or widower of a deceased annuitant whose annuity was first payable to the deceased annuitant."

SEC. 5. For the purpose of ensuring the accuracy of information used in the administration of the Central Intelligence Agency Retirement and Disability System, the Director of Central Intelligence may request, from the Secretary of State and the Administrator of Veterans Affairs such information as the Director deems necessary. To the extent permitted by law:

(a) The Secretary of Defense shall provide information on retired or retainer pay provided under Title 10 of the United States Code; and

(b) The Administrator of Veterans Affairs shall provide information on pensions or compensation provided under Title 38 of the United States Code.

The Director, in consultation with the officials from whom information is requested, shall ensure that information made available under this Section is used only for the purposes authorized.

SEC. 6. Section 221 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended [50 U.S.C. 403 note], shall be deemed to be amended by adding thereto a new subsection (e) as follows:

"(e)(1) The Director shall, in accordance with this subsection, enter into an agreement with any State within 120 days of a request for agreement from the proper State official. The agreement shall provide that the Director shall withhold State income tax in the case of the monthly annuity of any annuitant who voluntarily requests, in writing, such withholding. The amounts withheld during any calendar quarter shall be held in the Fund and disbursed to the States during the month following that calendar quarter.

"(2) An annuitant may have in effect at any time only one request for withholding under this subsection, and an annuitant may not have more than two such requests in effect during any one calendar year.

"(3) Subject to paragraph (2) of this subsection, an annuitant may change the State designated by that annuitant for purposes of having withholdings made, and may request that the withholdings be remitted in accordance with such change. An annuitant also may revoke any request of that annuitant for withholding. Any change in the State designated or revocation is effective on the first day of the month after the month in which the request or the revocation is processed by the Director, but in no event later than on the first day of the second month beginning after the day on which such request or revocation is received by the Director.

"(4) This subsection does not give the consent of the United States to the application of a statute which imposes more burdensome requirements on the United States than on employers generally, or which subjects the United States or any annuitant to a penalty or liability because of this subsection. The Director may not accept pay from a State for services performed in withholding State income taxes from annuities. Any amount erroneously withheld from an annuity and paid to a State by the Director shall be repaid by the State in accordance with regulations issued by the Director.

"(5) For the purpose of this subsection, 'State' means a State, the District of Columbia, or any territory or possession of the United States."

SEC. 7. The amendments made by Sections 1, 2, 3, 4, 5, and 6 of this Order shall be effective as follows: (a) Section 1 shall be effective as of January 5, 1981; (b) Section 2 shall be effective as of March 5, 1981;

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