ADMINISTRATIVE ADOPTION OF STATUTORY BENEFITS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81-00261R000600030061-0
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 3
• Document Creation Date: December 9, 2016
• Document Release Date: July 24, 2000
• Sequence Number: 61
• Publication Date: June 23, 1970
• Content Type: MF

,Approved For Release 2001/04/05: CIA-RDP81-00261 R000600030061 -0
OGC 70-1033
23 June 1970
MEMORANDUM FOR: Deputy Director for Support
SUBJECT: Administrative Adoption of Statutory
Benefits
1. We understand that as a result of several cases which
have recently arisen you are interested in our views as to the
legality of extending certain benefits to a portion of the Agency
employees who do not now have them.
2. As early as 1956 the Agency had adopted by adminis-
trative action statutory benefits available elsewhere in Govern-
ment.. There have been at least seven other similar adoptions
since that time. In two situations, however, application of
benefits was limited to participants in the Central Intelligence
Agency Retirement and Disability System (CIARDS):
a. By memorandum of 30 April 1968 the
Executive Director-Comptroller approved
adoption of the Foreign Service travel and
transportation authority for retirees (retiree
travel benefits).
b. By memorandum of 21 May 1968 the
Executive Director -Comptroller approved
adoption of the Foreign Service travel and
transportation authority in case of. death of
an employee (death travel benefits).
Prior to these two actions, all Agency personnel in the CIARDS
or the Civil Service Retirement System (CSRS) who were stationed
PCS. abroad enjoyed substantially similar but not identical benefits.
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These actions gave the retiree and death travel benefits to
CIARDS participants stationed PCS in the United States but
did not extend the benefits to CSRS participants.
3. Available documents which have discussed the merits
of extending retiree and death travel benefits to CSRS participants
.placed great weight on the fact that the CIARDS participants had
nzet measurable standards which distinguished them from normal
CSRS participants. It appears to us that this may not be a valid
distinction, inasmuch as these benefits had previously been
granted to both? CIARDS and CSRS participants stationed PCS
abroad; therefore, there is an apparent inequity in connection
with employees who are stationed PCS in the United States. This
is emphasized tlae Agency policy that all enzPloyees are equally
inject to assignment an,4Mh__01X_P as deterrnined by the Agency.
The inequity may be demonstrated by a specific case:
25X1A
4. By memorandum to the Director of Central Intelligence,
dated 23 August 1967, the Office of. Legislative Counsel and the
Office of General Counsel recommended that the Director,
. . . approve the principle that the Agency may
adopt the administrative authorities (except salary)
of the Foreign Service Act, as amended, or as it
may hereafter be amended, or of any other laws
when it is determined by the Executive Director-
Comptroller to be necessary for the proper admin-
istration of all employees of the Agency.
The Director approved this recommendation.
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5. The Executive Director-Con)ptr oller provided further
guidance to the Deputy Director for Support concQrnin; the rev.ow
of existing Agency authorities by memorandum of 10 October 1967.
Part of the guidance provided was as follows:
The principle involved is to make sure that the
travel expenses, allowances and other fringe benefits
provided to Agency employees are as favorable as
those provided in existing laws or in laws hereafter
enacted for other government employees in similar
circumstances.
6. It would appear that action under these authorities to
extend death and retiree travel benefits to CSRS participants
would not differ from other actions already taken. Therefore,
this office would have no legal objection to such an extension if
iris aeeined necessary for the proper administration of all
employees of the Agency.
25X1A
LAWRENCE R, HOUSTON
General Couns el
cc: Director of Finance
Director of Personnel
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