MEETING AGENDA SPOUSE CONCERNS ADVISORY PANEL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP10-00750R000101430001-1
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 18
• Document Creation Date: December 22, 2016
• Document Release Date: December 27, 2011
• Sequence Number: 1
• Content Type: MISC

Declassified and Approved For Release 2011/12/27 :CIA-RDP10-007508000101430001-1
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Declassified and Approved For Release 2011/12/27 :CIA-RDP10-007508000101430001-1
 Declassified and Approved For Release 2011/12/27: CIA-RDP10-007508000101430001-1
MEET I ~ GENDA '
SPOUSE CONCERNS VISORY PANEL
Tuesdays I7.Augvst 10:00 a.m.
Roam 5E-62 Heaa.darters
I. Review Task Force Report
II. FELO Update
III. Legal Guidelines
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 Declassified and Approved For Release 2011/12/27: CIA-RDP10-007508000101430001-1
DRgf7
This is to certify that ave read the Separation and
Divorce Section in the Family ~loyee Liaison Office notebook.
I acknowledge receipt of an un ssified paper on general divorce
law which I may keep with my peg anal records. I.am aware,
however, that for security reasoi. this paper does not contain
certain very important information. of which I have been advised.
In the event a separation or divorce becomes necessary,
I understand that:
1. In order to protect my spouse's cover,
I should submit my attorney's name to the
Agency for security approval as soon..as
possible.
2. I should not disclose any classified
information, including my spouse's true
employer, to my attorney until I receive
notice of security approval from the Agency.
3. My attorney's files should reflect my souse's
cover employment but my attorney and the court
will have true facts regarding my spouse's
compensation and employment.
4. Depending on the length of my overseas
residence with my spouse, my entitlement to my
spouse's retirement benef its may be more like
those granted under the Foreign Service
Retirement System or it may be more like those
'granted under the Civil Service Retirement
System. Upon my request an Agency attorney
will explain the applicable system to me in
greater detail.
5. In order to avoid compromising my spouse's
cover or prejudicing my rights, the separation
agreement or divorce papers should indicate my
percentage of entitlement to my spouse's
benef its under "any federal retirement system"
but should not refer to the CIARDS system.
Spouse Date
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 Declassified and Approved For Release 2011/12/27: CIA-RDP10-007508000101430001-1
Separ~. ~n and' Divorce
This package has been prep. ~d to provide .information to
employees and spouses who may b involved in a breakup of the
marital relationship.
Separation and divorce actions are private affairs between
the marriage partners. Government attorneys, however, can a:.ist
the parties to ensure the production of employment data and ot-ner
information necessary for an equitable resolution of the marital
dispute by the court. The Government attorney can explain
general federal retirement law but will not take sides in the
marital dispute, discuss the merits of your case with you or your
spouse, or second guess the advice of your private legal counsel.
Obtaining Private Legal Counsel'
In order to protect your rights it is suggested that you
obtain an attorney who specializes in domestic relations.
Possible sources of information on a particular attorney's
specialities and competence are the Lawyer Referral Services of
the local Bar Association, friends, associates and community
leaders.
Finding the Right Court
One initial obstacle which you need to consider is whether
you satisfy the residence requirements in order to bring a
divorce action in a particular jurisdiction. These requirements
vary from state to state but generally require that one party to
the suit have maintained a permanent residence in the state in
which the suit is brought for a certain period of time. For
example, the residence requirement in Washington, D.C. and
Virginia is six months, but in Maryland it is one year. In
addition to the traditional grounds for clivorce such as adultery,
desertion, physical/mental cruelty, etc..., each of these
jurisdictions has adopted a voluntary separation or "no fault"
provision under which grounds for divorce can be established if
both parties have lived separate and apart without cohabitation
for a period of one year before instituting the action. You
should consider raising these issues during your initial
consultation with your attorney.
Declassified and Approved For Release 2011/12/27: CIA-RDP10-007508000101430001-1
 Declassified and Approved For Release 2011/12/27: CIA-RDP10-007508000101430001-1
Leqal Fees
A second factor to clari~ Aarly in any legal consultation
is the fee schedule. You shou. ascertain whether your attorney
charges for the initial consult. on, how your attorney will bill
for his/her. time and exactly what Fhe agreed-upon fee cov~:~rs.
You should determine, for example, whether-the fee quoted covers
both the separation agreement and the final divorce decree a nd
whether the fee' wil l be increased if. the divorce is contester .
Alimony and Child Support
Any separation or divorce proceeding will necessarily
involve an adjudication of property rights by a court. In
appropriate cases, this may include provision of alimony and
child support. Ordinarily, these payments are made directly by
the party obligated to pay the alimony and cYuld support to the
party entitled to receive such payments. If problems arise in
obtaining such payments, a forme~r~srpouse may obtain a court order
(called a qualifying garnishment~+or apportionment order) which
will require the Government to pay directly to the former spouse
the portion of the employee's salary or the retiree's annuity to
which the spouse is entitled. Regulations concerning garnishment
of the annuity are attached at Appendix A, regulations concerning
apportionment are attached at Appendices B and C.
Civil Service Retirement Law
Under the Civil Service Retirement System, when an employee
retires he/she has certain choices depending upon marital
status. If the employee is married at the time of retirement,
the employee may elect to receive a reduced annuity with a
survivor benef it paid to the current spouse or may elect a full
annuity for "self only" with no survivor benefit. If no survivor
benef it or less than the maximum survivor benefit is chosen, the
retiree and spouse must sign a form in which the current spouse
acknowledges that no survivor benefit or less than the maximum
survivor benefit has been elected.
If the employee is unmarried at the time of retirement,
he/she may,-elect a full annuity for "self only," or a reduced
annuity with a survivor benefit paid to a person with an
insurable interest. Generally a close relative or former spouse
who has a reasonable expectation of financial benefit from the
continued life of the employee may be said to have an insurable
interest. In order for an unmarried retiree to designate a
person as having an insurable interest, the employee must first
pass a physical examination.
Declassified and Approved For Release 2011/12/27: CIA-RDP10-007508000101430001-1
 Declassified and Approved For Release 2011/12/27: CIA-RDP10-007508000101430001-1
In summary, three key zts must be kept in mind. Under
current Civil Service law a -ner spouse can only get a survivor
annuity if the employee is ur -ried at the .time of. retirement .
and expressly designates the ~ier spouse-ta receive a survivor
annuity as an insurable intere~- Second, there is no way for a
former spouse to be granted a sL ~ivor annuit~- if the emp?o ee is
_married to someone else at the ti a of retirement.. Fin~lly~:-even
-if-the former spouse were designated to receive a survivor
annuity as an insurable interest, the retiree upon remarriage can
cancel the survivor annuity for the former spouse in favor of a
survivor annuity for the new spouse.
In the event that an employee promises to elect a survivor
benefit for a former spouse as part of a property settlement
agreement and upon retirement elects instead a full annuity for
self only or a reduced annuity with survivor benefit to a second
spouse, the former spouse's only remedy appears to be a suit
against the retiree for failure to comply with the terms of the
property settlement agreement. Under current law, the former
spouse has no claim against the Government.
Foreign Service Retirement Lana
Eligible State Department employees are participants in the
Foreign Service Retirement and Disability System. Under the
provisions of the Foreign Service Act of 1980 entitlements to an
employee's retirement annuity and survivor annuity are vested in
the former spouse of an eligible State Department employee if the
couple was married for ten or more years of the employee's
creditable service with a Foreign Affairs Agency.
The former spouse is entitled to receive up to 50 percent of
the full amount of the employee's lump-sum payment of his/her
retirement contribution if he/she becomes separated from the
service without becoming eligible for an annuity, up to 50
percent of the full amount of the employee's retirement annuity,
and up to 55 percent of the full annuity as a survivor annuity.
The precise amount is determined according to the years of
marriage during the years of creditable service. Both
entitlements may be modified by a spousal agreement or court
order and both are subject to divestiture if, before commencement
of the annuity, the former spouse remarries before reaching age
sixty.
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The maximum survivor at. '-y or combination of. survivor
annuities, which may be provic: is 55.percent of the full amount
of the employee's annuity.. Or. a survivor benefit has Y~een
provided for the former spouse cording to his/her pro rata _
share of 55 percent, an additior: survivor benefit may b~
provided for another beneficiary "or example, a current or
"second" spouse) for- that portion, if any, which remains of the
55 percent ceiling on survivor annuities.
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A. Processing Garnishment Order_ For Child Support and/or
Alimony, 5 C.F.R. Part 581. ~1. 2 ).
B. Civil Service Retirement and Disability Fund, 5 C.F.R. Part
831 (19 82) .
C. Foreign Service Retirement and Disability System, Section 801
et. seq. Foreign Service Act of 1980, 94 Stat. 2113 (1980).
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13.
Program for training course,"Coping With Violence Abroad,"
for FS dependents at Overseas Briefing Center. CIA dependents
under appropriate cover are encouraged to attend. 30
1
14.
Cartoon, "The Foreign Service child returns to her homeland,"
Foreign Service Journal, 1969. 30
~
15
30
"An Hour of Terror and Courage," Washington Post, 18 April 1988.
3
.
16
as Briefing Center in the Limelight," AAFSW Newsletter,
"O
._
.
verse
3
April 1988.
0 4
~
17.
Community Liaison Officers Operations Manual: "The CLO Role in
Evacuation and Crisis Management." 3
07
18.
Airgram: "Standard Operating Procedures for Community Liaison
Office Coordinators," sent to all Diplomatic and Consular Posts on
3
29
21 August 1987.
19.
Sample of direct conumznication with dependent spouses,
recently sent by FLO to all FS spouses, "Direct Official Communication."
339
'
?0.
AAFSIV Fortun Report on Foreign Service Families in Situations of
International Crisis, July 1983.
356
Military Services
a
1.
Statement of Family Policy by Secretary of Defense, Frank C. Carlucci,
1988.
383
0
2.
White Paper 1983: The Army Family, published by the Chief of Staff,
U.S. Army.
385
e
3.
"Research Ensures Programs (for Families) Remain on Target,"
Military Family, December 1987.
400
4.
Report by U.S. Air Force Blue Ribbon Panel on spouse issues.
404
~liscellaneous
1.
"The Gray nivorcee; Loss of Husband and Home After 60" by Barbara S.
432
Cain, The New York Times, 27 December 1982.
(v 1
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CIA (Continued)
10. "Moral Damage and the Justification of Intelligence Collection
from Human Sources," John F. Lanagan,S.J., Georgetown University.
Published in Studies in Intelligence," (1981).
11. Employee Assistance Program handout information. 160
12. Doonesbury cartoon on communication between marriage partners
today.
Foreign Service
1. FLO's First Year, A Congressional Hearing report, 1979.
2. Statement by the Honorable Dante Fascell on the Foreign Service
exper~_~nce, Hearing of the House Committee on Foreign Affairs,
1980. Ambassadorial statement at same Hearing.
3. Statement by the Honorable Dante Fascell on Former Spouse Legislation
at Hearing of subcommittee of the Foreign Affairs Committee,
1 October 1980.
4. Statements from Seminar, "Diplomacy: the Role of the Spouse,"
Institute for the Study of Diplomacy, Georgetown University,
as follows:
A. Ambassador Martin F. Herz, editor, the Seminar Report. 171
B. The honorable Ellsworth Bunker, former U.S. Secretary of
State and Ambassador, now Director, Institute for the Study
of Diplomacy. 172
C. Penne Laingen, wife of Charge held hostage in Iran, on
the role of the traditional Foreign Service wife.
D. Jane Hart, former OSS staffer and now wife of Ambassador.
( iii)
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Foreign Service (Continued)
E. Wendelgard von Staden, wife of Foreign Service Officer for
Federal Republic of Germany and former FSO, on the modern
FS wife.
F. Laura Beth Sherman, wife of Ambassador Harvey J. Feldman, on
the modern FS wife.
G. Stephanie Smith Kinney, Foreign Service Officer, on
recognizing FS wives as a unique national resource.
^
5.
Washington Post article, Foreign Service Retreat, Wye Plantation, 1984.
Topics of discussion concerned personnel matters.
179
6.
Washington Post article on activation of FLO Family Members Skills Bank,
22 February 1988.
180
7.
Former Spouse Legislation, Statement by Lesley Dorman, President
of Association of American Foreign Service Women, 7 May 1979.
lyl
8.
Report by Patricia Ryan, Chairman, Forum Committee on Retirement,
AAFSW, same Congressional Hearing.
196
,~,w~ ~.
i
9.
"What Roles for Spouses?" and '"Time-Use Survey," articles on FS spouses'
contributions of their time to US missions abroad, AAFSW Newsletter,
May - June 1978. Included is text of 1972 Directive that established
status overseas for FS spouses, that of private citizen without obligations
to the mission to which their husbands were assigned.
202
10.
Report by AAFSW President Lesley Dorman to the Honorable Cyrus R.
Vance, Secretary of State, concerning "Dependents' Employment Overseas." 209
11.
Response by Secretary of State Vance to 1977 Report on the"Concerns
of Foreign Service Spouses and Families."
21'
..
12.
AAFSW Forum Report on the Concerns of Foreign Service Spouses and
Families, 1977.
233
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biEETI. AGENDA '
SPOUSE CONCERVv 'ADVISORY PANEL
Tuesday, 17. Augus :, l0:OQ a.m.
Room SE-~2 Headquarters
I. Review Task Force Report
II. FELO Update
III. Legal Guidelines
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 Declassified and Approved For Release 2011/12/27: CIA-RDP10-007508000101430001-1
This is to certify that have read the Separati~ nd
Divorce Section in the Family 'nployee Liaison Office book.
I acknowledge receipt of an ur. assified paper on gen ~ r ivorce
law which I may keep with my pe sonal records . I .am .. ? la
however, that for security reaso.ts this paper does nat ca n
certain very important information of ~rhich I have been as 3.
In the event a separation or divorce becomes 'necessary,
I understand that:
1. In order to protect my spouse's cover,
I should submit my attorney's name to the
Agency for security approval as soon..as
possible.
2. I should not disclose any classified
information, including my spouse's true
employer, to my attorney until I receive
notice of security approval from the Agency.
My attorney's files should reflect my sDOUSe's
cover employment but my attorney and the court
will have true facts regarding my spouse's
compensation and employment.
4. Depending on the length of my overseas
-- residence with m_y spouse, my entitlement to my
spouse's retirement benef its may be more Like
those granted under the Foreign Service
Retirement System or it may be more like those
granted under the Civil Service Retirement
System. Dpon my request an Agency attorney
will e~cplain the applicable system to me in
greater detail.
5. In order to avoid compromising my spouse's
cover or prejudicing my rights, the separation
agreement or divorce papers should indicate my
percentage of entitlement to my spouse's
benef its under "any federal retirement system"
but ,.should not refer to the CIARDS system.
Spouse Date
Declassified and Approved For Release 2011/12/27: CIA-RDP10-007508000101430001-1
 Declassified and Approved For Release 2011/12/27: CIA-RDP10-007508000101430001-1
Sepal '-ion and'Divorce
This package has been pre, ared to provide inforrrat to
employees and spouses who may ~ke involved in a breakup `:he
marital relationship. -~. - -.
Separation and .divorce actions are private affairs be. ~
the marriage partners. Government attorneys, however, can ~ -t
the parties to ensure the production of employment data and ~ -
information necessary for an equitable resolution of the marit
dispute by the court. The Government attorney can explain
general federal retirement law but will not take sides in the
marital dispute, discuss the merits of your case with you or your
spouse, or second guess the advice of your private legal counsel.
Obtaining Private Legal Counsel
In order to protect your rights it is suggested that you
obtain an attorney who specializes in domestic relations.
Possible sources of information on a particular attorney's
specialities and competence are the Lawyer Referral Services of
the local Bar Association, friends, associates and community
leaders.
Finding the Right Court
One initial obstacle which you need to consider is whether
you satisfy the residence requirements in order to bring a
divorce. action in a particular jurisdiction. These requirements
vary from state to state but generally require that one party to
the suit have maintained a permanent residence in the state in
which the suit is brought for a certain period of time. For
example, the residence requirement in Washington, D.C. and
Virginia is six months, but in Maryland it is one year. In
addition to the traditional grounds for divorce such as adultery,
desertion, physical/mental cruelty, etc..., each of these
jurisdictions has adopted a voluntary separation or "no fault"
provision under which grounds for divorce can be established if
both parties have lived separate and apart without cohabitation
for a period of one year before instituting the action. You
should consider raising these issues during your initial
consultation with your attorney.
Declassified and Approved For Release 2011/12/27: CIA-RDP10-007508000101430001-1
 Declassified and Approved For Release 2011/12/27: CIA-RDP10-007508000101430001-1
Legal Fees
_ A second factor to cla m.: ?, early in any legal coi tation
~is the fee schedule. You shot d ascertain whether yc~u. torney
charges for the initial consult:3tion, how your attorney 2 bill
for his/her. time and exactly.what:the agreed-upon fee co
You should determine, for example, whether.tFie fee quoted ,rs
both the separation agreement and the final divorce decree
whether the fee'will be increased if. the divorce is contestE
Alimony and Child Support
Any separation or divorce proceeding will necessarily
involve an adjudication of .property rights by a court. In
appropriate cases, this may include provision of alimony and
child support. Ordinarily, these payments are made directly by
the party obligated to pay the alimony and child support to the
party entitled to receive such payments. If problems arise in
obtaining such payments, a forme~r~~ouse may obtain a court order
(called a qualifying garnishment~or apportionment order) wh ich
will require the Government to pay directly to the former spouse
the portion of the employee's salary or the retiree's annuity to
which the spouse is entitled. Regulations concerning garnishment
of the annuity are attached at Appendix A, regulations concerning
apportionment are attached at Appendices B and C.
Civil Service Retirement Law
Under the Civil Service Retirement System, when an employee
retires he/she has certain choices depending upon marital
status. If the employee is married at the time of retirement,
the employee may elect to receive a reduced annuity with a
survivor benef it paid to the current spouse or may elect a full
annuity for "self only" with no survivor benefit. If no survivor
benef it or less than the maximum survivor benef it is chosen, the
retiree and spouse must sign a form in which the current spouse
acknowledges that no survivor benefit or less than the maximum
survivor benefit has been elected.
If the employee is unmarried at the time of retirement,
he/she may ,.elect a full annuity for "self only," or a reduced
annuity with a survivor benefit paid to a person with an
insurable interest. Generally a close relative or former spouse
who has a reasonable expectation of financial benefit from the
continued life of the employee may be said to have an insurable
interest. In order for an unmarried retiree to designate a
person as having an insurable interest, the employee must first
pass a physical examination.
Declassified and Approved For Release 2011/12/27: CIA-RDP10-007508000101430001-1
 Declassified and Approved For Release 2011/12/27: CIA-RDP10-007508000101430001-1
In summary, three key mints must be kept in m~ Under
current Civil Service law a 'order spouse can only gE survivor
annuity if the employee is u. parried at the .time of _ r~ event .
and expressly designates the ~rmer spouse- to receive ~ rvivor
annuity as an insurable interest. Second,. there is no ~ for a~ .
former spouse to be granted a s~srvivor annuit~- if the ems ~e is
_ma r~i ed to someone else at the time of retirement t,: ~. ~jr,~t~-~ . ven
-if -the former spouse were designated to receive a survivor
annuity as an insurable interest, the retiree upon remarriag ,
cancel the survivor annuity for the former spouse in favor of
survivor annuity for the new spouse.
In the event that an employee promises to elect a survivor
benefit for a former spouse as part of a property settlement
agreement and upon retirement elects instead a full annuity for
self only or a reduced annuity with survivor benefit to a second
spouse, the former spouse's only remedy appears to be a suit
against the retiree for failure to comply with the terms of the
property settlement agreement. Under current law, the former
spouse has no claim against the Government.
Foreign Service Retirement Lana
Eligible State Department employees are. participants in the
Foreign Service Retirement and Disability System. Under the
previsions of the Foreign Service Act of 1980 entitlements to an
employee's retirement annuity and survivor annuity are vested in
the former spouse of an eligible State Department employee i~ the
couple was married for ten or more years of the employee's
creditable service with a Foreign Affairs Agency.
The former spouse is entitled to receive up to 50 percent of
the full amount of the employee's lump-sum payment of his/her
retirement contribution if he/she becomes separated from the
service without becoming eligible for an annuity, up to 50
percent of the full amount of the employee's retirement annuity,
and up to 55 percent of the full annuity as a survivor annuity.
The precise amount is determined according to the years of
marriage during the years of creditable service. Both
entitlements may be modified by a spousal agreement or court
order and both are subject to divestiture if, before commencement
of the annuity, the former spouse remarries before reaching age
sixty.
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 Declassified and Approved For Release 2011/12/27 :CIA-RDP10-007508000101430001-1
The maximum survivor a: ?~ity or combination of. ~ ivor
annuities. which may be provi~ d is 55 percent of the i amount
of the employee's annuity.. O. -~e a .survivor benefit `c.~, en
provided for-the former, spouse according to his/her pro a
share of 55 percent, an additio. al survivor benefit may i
provided for.another beneficiary (for example, a current
"second" spouse) for that- portion, if any, which remains o~
55 percent ceiling on survivor annuities.
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 Declassified and Approved For Release 2011/12/27: CIA-RDP10-007508000101430001-1
Processing Garnishment Orde.~s for Child Support and/c
Alimony,. 5_ C.F.R. _ Part 58 L_ (1982-1. - . -_
B. Civil Service Retirement and Disability Fund, 5 C.F.R. P~
831 (1982).
C. Foreign Service Retirement and Disability System, Section 80_
et. seq. Foreign Service Act of 198Q, 94 Stat. 2113 (1980).
-_ ~ ..
Declassified and Approved For Release 2011/12/27: CIA-RDP10-007508000101430001-1