SECOND SPOUSE AMENDMENT TO CIA RETIREMENT ACT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP74B00415R000600020019-0
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 12
• Document Creation Date: December 12, 2016
• Document Release Date: August 7, 2001
• Sequence Number: 19
• Publication Date: December 7, 1970
• Content Type: MFR

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SUBJECT: Second Spouse Amendment to CIA Retirement Act
1. In an effort to keep pace with the so-called "second spouse"
amendments to the Retirement Act (pending before the Congress in
S. 437), parallel amendments for CIARD were prepared by OLC on
17 November 1970 and coordinated with OGC and DDS (Attachment A).
2. The amendments were found in order, but the DDS indi-
cated that he did not want them pushed if it would delay progress of our
omnibus amendments (S. 4571).
3. In view of the imminent passage of the Civil Service
amendments by the House 7 December, the situation was again reviewed
within OLC and the decision was made not to push the second spouse
amendments since they had not yet passed and since the omnibus
amendments are to be acted upon in executive session by the Senate
Armed Services Committee on 8 December and incorporation of new
material at this time most likely would be rejected by Ed Braswell,
Chief of Staff, Senate Armed Services Committee, and could upset
favorable consideration of our proposed omnibus amendments on
8 December.
4. Statistical Information
---The so-called second spouse amendments also eliminate
the dependency requirement for a spouse to receive an annuity based
on death-in-service of a female employee. 'n the
Retirement Branch of the Office of Personnel informed me that there
had been five female deaths-in-service cases to date. In no case was
there a surviving spouse. )
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---The amendments also permit designation of a surviving
spouse by an unmarried participant who marries following retirement.
(Per Benthal, one case to his knowledge. )
---Information on predeceased spouses is necessarily fragmen-
tary as the fact becomes relevant only after a participant who elected a
survivor annuity dies.
Assista!n.t Legislative Counsel
STATINTL
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OLC:LLM:rcr
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To amend the Central Intelligence Agency Retirement Act of 1964.. for
Certain' Employees, as amended, and for other purposes.
I Be it enacted by the Senate and House of Representatives of
2 the United States of America in Congress assembled, That --
3 Section 1. Section 204 of the Central Intelligence Agency Retire-
4 ment Act of 1964 for Certain Employees, as amended, (78 Stat. 1043;
5 50 U. S. C. 403 note) is amended --
6 (a) by striking "dependent" in subsection (a);
(b) by striking "Dependent widowers" and inserting "Widower"
in lieu thereof in subsection (b) (2); and
(c) by inserting ". " before the ", " and striking the remainder of
10 the sentence in subsection (b).(2).
11 Section x . Section 221(b) of the Central Intelligence Agency
12 Retirement Act (50 U. S. C. 403 note) is amended to read as follows:
13 "(b)(1) If a participant who is married at the time of retirement
14 dies the surviving spouse to whom the participant was married at the
15 time of retirement, or the widow or widower to whom the participant
16 was married after retirement, is entitled to an annuity equal to 55
17 percent of the amount of the participant's annuity computed as pre-
18 scribed in paragraph (a) of this section, up to the full amount of such
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1 annuity specified by the participant as the base for such survivor
2 benefits at the time of retirement. The annuity of the participant
3 shall be reduced by 2 1/2 per centum of any amount up to $4600
4 specified as the base for such survivor benefit by the participant
5 plus 10 per centum of any amount over $300 so specified.
6 "(2) If an annuitant dies after having elected a reduced annuity
7 provided in paragraph (2) of section 221(f) the surviving widow or
8 widower is entitled to an annuity computed as prescribed in paragraph
9 . (1) of this subsection.
10 "(3) A spouse acquired after retirement is ;entitled to a survivor
11 annuity under this subsection only upon electing this annuity instead
12 of any other survivor benefit to which he may be entitled under this
13 or another retirement system for Government employees. The annuity
14 of the surviving spouse, widow, or widower under this subsection
15 commences on the day after the annuitant dies. This annuity and the
16 right thereto terminate on the last day of the month before the surviving
17 spouse, widow, or widower --
18 "(A) dies; or
19 "(B) remarries before becoming 60 years of age. ".
20 Sectionxx . Section 221(f) of the Central Intelligence Agency
21 Retirement Act (50 U. S. C. 403 note) is amended - -
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1 (1) by inserting "(1)" immediately after "(f)"; and
2 (2) by adding at the end thereof the following new paragraph:
3 "(2) A participant, who is unmarried at the time of retiring
4 and who later marries, may irrevocably elect, in a signed writing
5 received by the Director within 1 year after the marriage, a reduced
6 annuity as provided in section 221(b). The reduced annuity is
7 effective the first day of the month after the election is received by
8 the Director. The election voids prospectively any election previously
made under the provisions of paragraph (1) of this subsection.
10 Section xxx. Section 232(b) of the Central Intelligence Agency
11 Retirement Act (50 U. S. C_..,403, note) is amended.
12 (1) by striking "dependent" wherever it occurs; and
13 (2) by inserting a ". ". after "section 221(g)" and striking the
14 remainder of the section.
15 Section xxxx. (a) The amendments made by sections 1, x, and
16 xxx shall not apply in the case of participants who' died before
17 [date of enactment identical to Civil Service
18 amendment] and the rights of such persons and their survivors shall
19 continue in the same manner and to the same extent as if such amend-
20 ments had not been enacted.
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1 (b) The amendment made by section xx shall apply to a participant
2 who was unmarried at the time of retiring, but who later married,
3 only if the election is made within one year after enactment.
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Changes in existing law made by the draft bill are shown as follows:
existing law in which no change is proposed is shown in roman; existing law
proposed to be omitted is enclosed in brackets; new matter is underscored.
Central Intelligence Agency Retirement Act of 1964 for Certain
Employees, as amended (78 Stat. 1043; 50 U. S. C. 403 note).
TITLE II -- THE CENTRAL INTELLIGENCE AGENCY
RETIREMENT AND DISABILITY SYSTEM
Part A -- Establishment of System
Rules and Regulations
SEC. 204. (a) Annuitants shall be participants who are receiving
annuities from the fund and all persons, including surviving wives and
husbands, widows, Qdependent]j widowers, children, and beneficiaries of
participants or annuitants who shall become entitled to receive annuities in
accordance with the provisions of this Act.
(b) When used in this Act the term --
(2) "Widower" (''Dependent widower''I means the surviving
husband of a participant who was married to such participant for
at least two years immediatelypreceding her death or is the father.
of issue by marriage to the participant. Q, and who is incapable of
self-support by reason, of mental or physical disability, and who
received more than one-half of his support from such participant. Il
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Part C -- Computation of Annuities
SEC. 221.
(b) (1) If a laarti c ipj t who is married at the time of reti.rernen,t dies
the surviving spouse to wham the participant was married at the ti-nie o.f
77-777 4- l'dow or widower to whom the participant was axirri.ed
retzremezat, o.r
a.ftcr retirement is entitled to an annuity equal to 55 percent a__a# the arz~_aunt
of the pa rticipa.xzt's annuity coan.p7:e.ted a.s prrescribed ina..ra rh a of this
section, uIa to the ful:i. amount of s-Ata.zantaat s ec:l:fieci b the participant as
The base for such survivor benefits at the, tiYne: of retirement. The annu.:i.t
the participant shall be,, reduced i_ay 2 l/2 ~ - r centunr of any arriount up_to $3600
specified as the base for such. survivor benefit by the participant talus 10
Wz centum of any amount over $3600 so specified.
2 If an it nui.fant dies after ha.vin i e:l xctecl a educ*d a_nnuit ~z,ovidead
e'ztitlerl
Lin paragraph 2 of section 221(f) the survivi g widow or widower is
to an annuity com.-eutecl as prescribed in ari a lz 1. of tkais ;;~xi_>se~.fion.
3 A spouse: acr.uirerl afters .retireznent is cx~titt.edto asurvivor annuity
under this subsection 0 tzly lalaorz e lectiizt this annul stead of any_ralhe`?~
survivor benefit to which hem L be en ti.tlecl under this or another retirement
steal for Government ernal-0 ee. The The annuity of the su.rvivi.za. s as__,
e s
wid.oul or widower under this sul-,tiec.tlon con-rlae:ia.ces on the da after the
annuitant dies. This annuity and the right thereto terminate on the 'last day'
of the month before the s-urvi.vi..n- spozx.se, widow or widower--
(A) di.e.s; or
(B) remarries before becomin. , 60 years of age.
(( (b) At the time of retirement, any married participant may elect to
receive a reduced annuity and to provide for an annuity payable to his wife, or
her husband, commencing on the,date following such participant's death and
terminating upon the death or upon remarriage prior to attaining age sixty of
such surviving wife or husband. The annuity payable to the surviving wife or
husband after such participant's death shall be 55 per centum of the amount of
the participant's annuity computed as prescribed in paragraph (a) of this section,.
up to the full amount of such annuity specified by him. as the base for the
survivor benefits. The annuity of the participant making such election shall be
reduced by 2 1/2 per centum of any amount up to $3, 600 he specified as the
base for the survivor benefit plus 10 per centum of any amount over $3, 600 so
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3
(f) (1) Any unmarried participant retiring under the provisions of this
Act and found by the Director to be in good health may at the time of retire-
ment elect a reduced annuity, in lieu of the annuity as hereinbefore provided,
and designate in writing a person having an insurable interest (as that term
is used in section 9 (h) of the Civil Service Retirement Act (5 U. S. C. 2259 (h)))
in the participant to receive an annuity after the participant's death. The
annuity payable to the participant making such election shall be reduced by 10
per centum of an annuity computed as provided in paragraph (a) of this section,
and by 5 per centum of an annuity so computed for each full five years the
person designated is younger than the participant, but such total reduction shall
not exceed 40 per centum. The annuity of a survivor designated under this
paragraph shall be 55 per centum of the reduced annuity computed as prescribed
above. {The annuity payable to a beneficiary under the provisions of this
paragraph shall begin on the first day of the next month after the participant
dies. Upon the death of the surviving beneficiary all payments shall cease
and no further annuity payments authorized under this paragraph shall be due
or payable. I
(2) A participant, who is unmarried at the time of retiring and who
later marries, may irrevocably elect, in a signed writing received by the
Director within I year after the marriage, a reduced annuity as provided in
section 221(b). The reduced annuity is effective the first day of the month
after the election is received by the Director. The election voids prospec-
tively any election previously made under the provisions of paragraph (1)
of this subsection.
(b) If a participant, who has at least eighteen months of service credit
toward retirement under the system, excluding military or naval service that
is credited in accordance with the provisions of section 251 or 252(a) (2),, dies
before separation or retirement from the Agency and is survived by a widow
or a {dependent] widower, as defined in section 204, such widow or {dependent J]
widower shall be entitled to an annuity equal to 55 per centum of the annuity
computed in accordance with the provisions of section 221(a), except that the
computation of the annuity of the participant under such section shall be at least
the smaller of (i) 40 per centum of the participant's average basic salary, or
(ii) the sum obtained under such section after increasing the participant's
service of the type last performed by the difference between his age at the time
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of death and age sixty. The annuity of such widow or ~.dependentJJ widower
shall commence on the date following death of the participant and shall
terminate upon death or upon remarriage prior to attaining age sixty of
the widow or [[dependent]] widower (subject to the payment and restoration
provisions of section 221(g)). {, or upon the dependent widower's becoming
capable of self-support. I
SEC. xxxx. (a) The amendments made by sections I., x, and
xxx shall not apply in. f:hn case of participants wla.o died before
[date of enactment identical to Civil Service amendment] and 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.
(b) Tkxe arzaend:~x~.c nt n1ade by section xx shall apply to a parti.c7nt
who was unmarried at the time of retire, but-who later married, only if
the election is made within one year after enactment.
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TRANSMITTAL SLIP
TO:
As you probably know: the Senate
agreed to the House amendments can
S.431' on 29 December. As of this
afternoon the White House had no
record as to whether it had been signe
by the President.
(Note sent with copy of
N ING
FORM NO .t> REPLACES FORM 36-8
1 FEB 55 T1 WHICH MAY BE USED.
STATI NTL
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Remarks :
Attached for your review and comment
are draft amendments to the CIA Retirement
Act based upon the so-called second spouse
amendments to the Civic, Service system,
approved by the Senate and favorably reported,
amended, by the House Committee. The other
applicable concept in the Civil Service package
is the deletion of dependency requirements for
a widower in death-in-service cases.
Your review at this time will give us a le
up if the Civil Service amendments are approved
and if it is determined that we should seek
similar amendments and are given an opportunit
to incorporate them in the retirement package
now on the Hill.
As an aid in review we are also
forwarding changes in CIA statute through
proposed amendments and the Civil Service
language as passed by the Senate.
Please let us know if you do not have
the copies of the Senate and House reports
(91-1092 and 91-1469) on hand.
FOLD HERE TO RETURN TO SENDER
FROM: NAME, ADDRESS AND PHONE NO.
DATE
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