DEAR HOWARD:

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP78-04722A000200020026-6
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 9, 2016
• Document Release Date: August 31, 2000
• Sequence Number: 26
• Publication Date: May 6, 1971
• Content Type: LETTER

Approved For R C7 -~47RQ( 00020026
WASHINGTON, D.C, 20505
/7 0
*OGC Has Reviewed*
6 May 1971
I have taken so long in answering your letter of April
5th because of the careful consideration given to your request
by all concerned, particularly as we have not had this problem
before.
I am sorry to tell you that our answer is in the negative,
although we have taken every approach we can think of to comply
with your wishes. Very simply, the problem is as follows:
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
(emphasis added).
Our regulation on the subject repeats the
language of the statute above and in addition
states - -
A participant may not change his election
under this provision . . . .
Approved For Release 2001/08/29 : CIA-RDP78-04722A000200020026-6
 Approved For Re4 ase 2001/08/29 : CIA-RDP78-04722A000?0020026-6
We considered the possibility of a waiver of the regula-
tion but ran into another problem here. The act specifically
provides that the Director may prescribe rules and regulations
but continues with the language that, "such rules and regulations
/are/ to become effective after approval by the chairman and
ranking minority members of the Armed Services Committees
of the House and Senate. " The regulations as presently enacted
were specifically reviewed by those Committees and approved
in their present form.
Looking back into the legislative history of the act, we
believe it is clear that the Committees desired our act to con-
form as closely as possible to Civil Service retirement, which
definitely would not permit a change of election after retirement.
There does not appear to have been any administrative error or
misunderstanding at the time you retired and made your election;
therefore, we have been unable to find any basis for making the
change you request.
I think you know me well enough to agree that I like to
stay as flexible in the law as I possibly can, but this seems to
be one case where we are bound by specific provisions with no
leeway to meet the requests of individual employees.
Sincerely,
Lawrence R'. Houston
General Counsel
cc: Executive Director
DDS
Director of Personnel
Approved For Release 2001/08/29 : CIA-RDP78-04722A000200020026-6