STATEMENT OF THE DEPUTY DIRECTOR OF CENTRAL INTELLIGENCE

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CIA-RDP75B00380R000500030011-6
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RIPPUB
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K
Document Page Count: 
25
Document Creation Date: 
December 12, 2016
Document Release Date: 
December 31, 2001
Sequence Number: 
11
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TRANS
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Approved For Release 2002/01/10 : CIA-RDP75B0038OR000500030011-6 OF TEM of the ' .. ,I am particularly appreciative, Mr. Cbairm=; Bil taken time f~rm you busy schedule to work with In the of the bill we were wing on in Amt* eluded to continue discussion of our yea fly Retirement have with me I+ r. Wince R. Rauston, our General Cc un as most important. ive counsel; and W. sett D. Ec s, our 1, and. his Executive Assistant, re you, at 1 under the marker "Rev1seo vents on which the bcomittee as to procedure if it suits the will of the d propose that Mr. Warner run throe the bill pointing are underlined or bracketed in blue mil. propose to continue with bei at section 2. review of the bill STATINTL I Approved For Release 2002/01/10 : CIA-RDP75B0038OR000500030011-6 Approved For Release 2002/01/10 : CIA-RDP75B0038OR000500030011-6 DISCUSSED B?ASWELL MEETING (Page and line numbers refer to Committee Print . Page 2, Line 16, Sec. Z0l (a s discussed as an "issue" in Tab 2. It modifies the , uirement that our regulations be effective "after approval the chairmen and rauldug minority members of the House and Senate Armed Services Committees" to "after consultation with.... 2. . 204(b (3) Committee Print includes a change in the definition of "child" to include a child up to age 21 who is a student and we recomm=end acceptance. The further change which we propose is a tec change to apply this definition only to annuity benefits. 3. Page U. Line 10 Sec. 231(a) The change we have drafted accepts Braswell's change to age 60 rather than "mandatory retirement age for his grade" (65 for CS-18 a : above; 60 for GS-17 and below) as the cut-off point for allowing additional service credit in computing a guaranteed minimum annuity for disability retirement. The change we have drafted re ects Braswel's proposal for conforming to the Civil Service rule of basing the widow's annuity on the die- ability annuitant' aearned annuity rather than his actual acuity. This is discussed as an "issue" in Tab Z. 4. Ms U., Lines 19, 231(b) Technicarl char g e to cite Sec. 235, Mandatory -Retirement for Age, in referring to these ages as cut-off for periodic reexamination of dis- ability annuitants not determined to be permanently disabled. Approved For Release 2002/01/10 : CIA-RDP75B0038OR000500030011-6 Approved For Release 2002/01/10 : CIA-RDP75B0038OR000500030011-6 5. Page) Line 6, Sec. 232(b) Technical change to restore reference to section on annuity to widow of employee who dies in. service with less than 20 years of service (see Change 6 immediately below). 6. Page 16, Line 14. Sec. 232(x) Restoration of provision for minimum annuity to widow of employee who dies in service with less than 20 years of service. Discussed as "issue" in Tab 2. 7. Pa a 17, Line 10, Sec. 233 Change to increase Agency service requirement from 5 years to 10 years to qualify for voluntary retirement at, age 50 with 20 years of service. Change proposed by Braswell but not shown in Com- mittee Print. Recommend we accept without argument. 8. Page 17, Line 11, Sec. 234 Change in title of section from "Discontinued Service Retirement" to "Discontinued Service Benefits". We believe "Beneifta?" is more descriptive and Braswell ink d agreement. 9. Pa se 18. Line 10, Sec. 234(c) Restoration of a modified provision for involuntary retirement with immediate annuity based on age and service rather than grade. Discussed as "issue" in Tab Z. 10. Page 18, Line 19, >Sec. 234(d) and (e) Restoration of a provision for separation pay for involuntary "retire- ment" of employee not entitled to immediate annuity under Sec. 234(c) above. Discussed an "issue" in Tab 2. (Sec. 234(e) is needed to provide authority for employee to assign his entire separation pay and thus have it to use for credit purposes immediately while gaining tax advantage of payment over three year period.) Approved For Release 2002/01/10 : CIA-RDP75B0038OR000500030011-6 Approved For Release 2002/01/10 : CIA-RDP75B0038OR000500030011-6 11. ry retirement for age to require minimum Agency ears. (An Agency service requirement of five or as indicated by Braswell. If he insists, we can accept requirement but believe it would be unfair to man who might 53 or 54, for example, and be separated at age 60 a reared annuity at age 6Z. As a practical matter, :tend service in such cases--they would be mo unusual vent. ) . +4" Thi# is a section in the Committee Print fixing a limit of 400 for the next five years and a limit of 400 for a second five-year number of retirements, except disability, under this include, at his request, "Sec. Z35;, g to mandatory age retirement and, assuming he agrees to period; his answer: ',You will have plenty of time to get it changed. we recommend accepting these limitations. that we don#t know whether 400 is adequate for the second five- five year's but we believe we can manage. We have told Braswe restore an involuntary retirement, reference to Sec. Z34. wing cute may put a squeeze on us to stay within 400 for 13. Pus Z4, L 17, Sec. Z5Z1) e to include United States Code citation requested by 14. e e 25, L i n e s 17 Sec. ZSZ c Z) ,ma to include for second time United States Code citation requested by Braswell. 15. Page Z?, Lizo 4, Sec. 2524 ) Technical c e to include reference to Sec. Z53 (governing credit for = Utery service during period of civilian service) as being overruled by Sec. Z5Z(f). This conforms to pertinent Civil Service rule governing credit of military service. Approved For Release 2002/01/10 : CIA-RDP75B0038OR000500030011-6 Approved For Release 2002/01/10 : CIA-RDP75B00380R000500030011-6 Page 27, Line 24. Sec. 253(a) Technical change to correct erroneous reference to subsection 252(f). 17. Pao 29, Line Z. Sec. 253 a) Technical change to conform to exact language of Civil Service pro- . ? Y vision on same point. 18. fag* 28. Line 15, See. 253(b) Technical chan a to remove erroneous duplication of this section in Committee Print. . Pages 29, Line. l8, Part H Technical change to correct printing error in MR 8427. 20. Pale 30, Line 17, Sec. 273 Provision for retention of part of annuity upon reemployment in federal service in position paying less than salary at time of retirement. Discussed as "issue" in Tab Z. Approved For Release 2002/01/10 : CIA-RDP75B00380R000500030011-6 O Approved For Release 2002/01/10 : CIA-RDP75B0038OR000500030011-6 Sec. 201(a), page 2, line 16: Strike the words "approval hy" and insert in lieu thereof the words "consultation with". Approved For Release 2002/01/10 : CIA-RDP75B0038OR000500030011-6 1 Approved For Release 2002/01/10 : CIA-RDP75B0038OR000500030011-6 Sec. 204(b) (3), page 5, line 8: After the word "Child" insert a comma and the following phrase: "for the purposes of section 221, of this Act, H Approved For Release 2002/01/10 : CIA-RDP75B0038OR000500030011-6 Y Approved For Release 2002/01/10 : CIA-RDP75B0038OR000500030011-6 Sec. 231(a), page 11, line 10: Change the comma after the word "sixty" to a period, and strike the remainder of the sentence. Approved For Release 2002/01/10 : CIA-RDP75B0038OR000500030011-6 0 Approved For Release 2002/01/10 : CIA-RDP75B0038OR000500030011-6 'Sec. 231 (b), page 11, line 19: After the word "grade", strike the words "in the Agency" and insert in lieu thereof the following: "as provided in section 235. " Approved For Release 2002/01/10 : CIA-RDP75B0038OR000500030011-6 Approved For Release 2002/01/10 : CIA-RDP75B0038OR000500030011-6 Sec. 232(b), page 15, line 6: After the word "of" insert the following: "paragraph (e) of this section and of". Approved For Release 2002/01/10 : CIA-RDP75B0038OR000500030011-6 Q Approved For Release 2002/01/10 : CIA-RDP75B0038OR000500030011-6 Sec. 232(e), page 16, line 14: After subsection 232(d) insert the following paragraph as subsection 232(e): "(e) If, at the time of his or her death the participant had less than twenty years of service credit toward retirement under the system, the annuities payable in accordance with paragraph (b) of this section shall be computed in accordance with the provisions of section 221 on the assumption he or she has had twenty years of service, but the additional service credit that may accrue to a deceased participant under this provision shall in no case exceed the difference between his or her age on the date of death and age 60. In all cases arising under paragraphs (b), (c), (d), or (e) of this section, it shall be assumed that the deceased participant was qualified, for retirement on the date of his death. " Approved For Release 2002/01/10 : CIA-RDP75B0038OR000500030011-6 Approved For Release 2002/01/10 : CIA-RDP75B0038OR000500030011-6 Sec. 233, page 179 line 10: Strike the word "five" and insert in lieu thereof the word "ten". Approved For Release 2002/01/10 : CIA-RDP75B0038OR000500030011-6 Approved For Release 2002/01/10 : CIA-RDP75B0038OR000500030011-6 Sec. 234, page 17, line 11: Strike the word "Retirement" in the section title and insert in lieu thereof the word "Benefits18. Approved For Release 2002/01/10 : CIA-RDP75B0038OR000500030011-6 Approved For Release 2002/01/10 : CIA-RDP75B0038OR000500030011-6 Sec. 234(c), page 18, line 10: (c) The Director may in his discretion place in a retired status any participant who is at least fifty years of age or who has completed at least twenty-five years of service, provided such participant has not less than five years of qualifying and a total of ten years of service with the Agency. If so retired., such participant shall receive retirement benefits in accordance with the provisions of section 221. Approved For Release 2002/01/10 : CIA-RDP75B0038OR000500030011-6 Approved For Release 2002/01/10 : CIA-RDP75B0038OR000500030011-6 Sec. 234, page 18, line 19: (d) Any participant who is involuntarily separated from the Agency after having performed not less than five years of service with the Agency and who is not eligible to receive an immediate earned annuity in accordance with the provisions of this Act may (except in cases where the Director determines that separation was based in whole or in part on the ground of disloyalty to the United States) be paid a separation benefit of one -twelfth of a year's salary at his then current salary rate for each year of service and proportionately for a fraction of a year, but not exceeding a total of one year's salary at his then current salary rate, payable without interest, from the fund, in three equal installments on the 1st day of January following the participant's separation and on the two anniversaries of this date immediately following: Provided, That in special cases, the Director may in his discretion accelerate or combine the installments. (e) Notwithstanding the provisions of section 3477 of the Revised Statutes, as amended (31 U. S. C. 203), or the provisions of any other law, a participant shall have the right to assign to any person or corporation the whole or any part of the benefits receivable by him pursuant to paragraph (d) of this section. Approved For Release 2002/01/10 : CIA-RDP75B0038OR000500030011-6 Approved For Release 2002/01/10 : CIA-RDP75B00380R000500030011-6 Sec. 235, page 20, line 12: MANDATORY RETIREMENT FOR AGE Sec. 235. Any participant in the system receiving compensation at the rate of grade GS-18 or above shall be automatically separated from the Agency upon reaching the age of sixty-five. Any participant in the system receiving compensation at a rate less than grade GS-18 shall be automatically separated from the Agency upon reaching the age of sixty. Such, separation shall be effective on the last day of the month in which a participant reaches age 60 or 65, as specified in this section, but whenever the Director shall determine it to be in the public interest, he may extend. such participant's service for a period not to exceed five years. A participant separated under the provisions of this section who has completed live years of Agency service shall receive retirement benefits in accordance with the provisions of section 221 of this Act. Approved For Release 2002/01/10 : CIA-RDP75B00380R000500030011-6 0 Approved For Release 2002/01/10 : CIA-RDP75B0038OR000500030011-6 Sec. 236, page 21, line 3: Strike the term "section 233" and insert in lieu thereof the phrase "sections 233, 234, and 235". Approved For Release 2002/01/10 : CIA-RDP75B0038OR000500030011-6 /3 Approved For Release 2002/01/10 : CIA-RDP75B0038OR000500030011-6 Sec. 252(b), page 24, line 17: After the word "Act" insert the following: "(5 U. S. C. 2254(c)) P0. Approved For Release 2002/01/10 : CIA-RDP75B0038OR000500030011-6 0 Approved For Release 2002/01/10 : CIA-RDP75B0038OR000500030011-6 Sec. 252(c) (2), page 25, line 17: Strike the phrase "211 of this Act" and insert in lieu thereof the phrase "4(c) of the Civil Service Retirement Act (5 U. S. C. 2254 (c)) ". Approved For Release 2002/01/10 : CIA-RDP75B0038OR000500030011-6 Approved For Release 2002/01/10 : CIA-RDP75B0038OR000500030011-6 Sec. 25Z(f), page 27, line 4: Approved For Release 2002/01/10 : CIA-RDP75B0038OR000500030011-6 Approved For Release 2002/01/10 : CIA-RDP75B0038OR000500030011-6 Sec. 253(a), page 27, line 24: After "Sec. 253 (a), " strike "Notwithstanding subsection (f) of section 252", and capitalize the word "a" which follows. Approved For Release 2002/01/10 : CIA-RDP75B0038OR000500030011-6 Approved For Release 2002/01/10 : CIA-RDP75B0038OR000500030011-6 Sec. 253 (a), page 28, line 2: After the comma, insert has left or". Approved For Release 2002/01/10 : CIA-RDP75B0038OR000500030011-6 Approved For Release 2002/01/10 : CIA-RDP75B0038OR000500030011-6 Sec, 253(b), page 28, line 15: Strike, as redundant, that subsection 253(b) which begins at line 15 and carries on to line 19. Approved For Release 2002/01/10 : CIA-RDP75B0038OR000500030011-6 a Approved For Release 2002/01/10 : CIA-RDP75B00380R000500030011-6 Part H, page 29, line 18: After the word "GOVERNMENT", strike the word "RECALL" in the title of Part H, and insert the word "RECALL" as the title of Sec. 271. Approved For Release 2002/01/10 : CIA-RDP75B00380R000500030011-6 0 Approved For Release 2002/01/10 : CIA-RDP75B00380R000500030011-6 Sec. 273, page 30, line 17: Strike Sec. 273 (a) and (b) and insert in lieu thereof: REEMPLOYMENT COMPENSATION Sec. 273. (a) Notwithstanding any other provision of law, any annuitant who has retired under this Act and who is reemployed in the Federal Government service in any appointive position either on a part-time or full-time basis shall be entitled to receive the salary of the position in which he is serving plus so much of his annuity payable under this Act which when combined with such salary does not exceed during any calendar year the basic salary such annuitant was entitled to receive on the date of his retirement from the Agency. Any such reemployed annuitant who receives salary during any calendar year in excess of the maximum amount which he may be entitled to receive under this paragraph shall be entitled to such salary in lieu of benefits hereunder. (b) When any such retired annuitant is reemployed, the employer shall send a notice to the Agency of such reemployment together with all pertinent information relating thereto, and shall pay directly to such annuitant the salary of the position in which he is serving. (c) In the event of any overpayment under this section, such overpayment shall be recovered by withholding the amount involved from the salary payable to such reemployed annuitant, or from any other moneys, including his annuity, payable in accordance with the provisions ofApsoa a For Release 2002/01/10 : CIA-RDP75B00380R000500030011-6