LETTER TO WILLIAM J. CASEY FROM EDWARD P. BOLAND

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86B00338R000300440013-9
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 70
• Document Creation Date: December 21, 2016
• Document Release Date: August 28, 2008
• Sequence Number: 13
• Publication Date: February 2, 1984
• Content Type: LETTER

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fl10IIAS L IATWEIL STAFF OSIECTOO
IOCIMEL J. OTIUL CHIEF COUNSOL
ITIVEN L SESM, ASSOCIATE COUNSEL
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,uIEI VIIY POZIZS4III
U.S. HOUSE OF REPRESENTATIVES
PERMANENT SELECT COMMITTEE
ON INTELLIGENCE
February 2, 1984
Honorable William J. Casey
Director of Central Intelligence
Washington, D.C. 20505
Executive Registry
84- 600
Dear Mr. Casey:
With over a year now having passed since enactment of the CIA Spouses
Retirement Equity Act, it is an appropriate time to inquire into the operation
of the Act to determine'if it is being implemented as intended by Congress and
if it has had any ill effects on the Agency's mission.
Therefore, it is requested that you submit to the Committee a written
report which, in addition to any matter you wish to discuss, contains:
(1) A description of what steps were taken by the CIA to
publicize the Act's provisions to current and former
employees and their current and/or former spouses;
(2) A description of what, if any, steps were taken to
insure notice to those former spouses divorced before
15 November 1982 whose rights to seek a survivor annuity
expired on 15 November 1983;
(3) The number of former spouses referred to in item 2
above who sought the annuity before 15 November 1983;
(4) Your opinion as to whether it would be appropriate to
retroactively extend the 15 November 1982 deadline;
(5) A description of the process established to inform
spouses on how to apply for benefits under the Act and how
to obtain information concerning the salary and pension of
the employee spouse; and
(6) A description of the steps taken since the
Intelligence Committee hearings of March and April, 1982,
to improve communications between the CIA and the spouses
of its employees.
In addition, it is requested that you review the personal history
"vignettes" submitted to the Committee by several former spouses prior to the
March, 1982, hearings to determine if they can be declassified and made public.
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Finally, please submit along with the written report all relevant
regulations, notices, and memoranda concerning implementation of.the Act.
With every good wish, I am
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MEMORANDUM FOR: Director, Office of Legislative Liaison
FROM: Robert W. Magee
Director of Personnel
SUBJECT: Meeting at Senate Select Committee on Intelligence
(SSCI) Re Former Spouse Legislation
REFERENCE: Memo for the Record, fm Legislation
Division, OLL, dtd 10 Jan 84, Same Subject
(OLL 84-0099)
1. Reference was the first indication received in this office that
staff members of the Senate Select Committee on Intelligence (SSCI) were
involved in reviewing complaints regarding the Agency's implementation
of former-spouse legislation. Given the importance of the meeting at
SSCI, I am surprised that the Office of Personnel (OP) was not advised
that such a meeting was taking place or given an opportunity to provide
relevant information on the Agency's implementing procedures.
2. There was a lot of Agency effort put into advising employees,
retirees, and through them spouses regarding the provisions of the
former-spouse legislation. A summary and copies of Agency notices to
employees and letters to retirees are included in Attachment A. Also,
included is an excerpt from the FY-83 annual independent analysis of
CIARDS prepared by Andrew Ruddock and forwarded to the House Permanent
Select Committee on Intelligence (HPSCI) (Attachment B). In his report,
Mr. Ruddock, who is a well-known expert on Federal retirement programs,
praised the Agency's efforts to implement and publish information on a
very complex matter.
3. The remarks made at the meeting regarding the lack of knowledge
and assistance provided by the Family Employee Liaison Office (FELO) do
not correspond with the operating procedures and information provided by
that office. Copies of the former-spouse legislation are included in
packets handed out by FELO to its clients. FELO quite often receives
calls and inquiries on the former-spouse issue and those calls are
routinely referred to either the Office of General Counsel (OGC) or the
Retirement Affairs Division (RAD) for assistance. In fact, two of the
four spouses who attended the meeting at SSCI had direct dealings with
FELO and received pertinent information and assistance. Similarly,
there has been a great deal of effort expended in advertising the
existence of FELO. This included a seminar for non-Agency-employed
spouses conducted in April 1983. Another such seminar is scheduled for
the Spring of 1984.
This document becomes Unclassified
when detached from attachment.
SEC,
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SUBJECT: Meeting at SSCI Re Former Spouse Legislation
4. There also was a question raised regarding Agency procedures
for notifying new employees on the provisions of former-spouse legislation.
New employees are provided with an information sheet detailing this data
at the time of entrance on duty. The procedure for new employees began
in early 1983 and the information was provided retroactively to individuals
entering on duty with the Agency on or after 15 November 1982, the
effective date of the legislation. A copy of the information sheet
provided to new employees is included as part of Attachment A.
5. Reference memorandum indicates that the SSCI is expecting
additional information relevant to this issue. This office is available
to assist in whatever action is deemed appropriate.
Robert 6"Ilagee
Attachments: a/s
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STAT
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EB No. 933
FORMER SPOUSE ANNUITY LEGISLATION
EMPLOYEE
29 April 1982
1 The purpose of this. bulletin is-to alert Agency employees
that the House`-Permanent Select and Senate Select Committees on Intelli-
gence are giving:consideration`;to the adoption of "former spouse".
legislation for Agency employees which is similar to-the provisions
of the Foreign Service Retirement and Disability System.. There is a
likelihood that some legislation on this subject will be enacted this
session... The House Permanent-Select Committee on Intelligence
version would apply to Agency-employees in both the Central Intelligence
Agency Retirement and Disability System (CIARDS) and-the Civil Service
Retirement System (CSRS).
2. Currently, under CIARDS and CSRS law, there are two provisions
which enable a former spouse to legally request a portion of the
participant's . annuity for alimony and/or child support. Under the
garnishment provision, the former spouse can petition any court of any
State or the District of Columbia to direct the retirement system to
make direct payments to the-former spouse in accordance with the court's
garnishment order. Under the apportionment provision, the retirement
system will make payment to the-former spouse to the extent expressly
provided for in -the terms of any court decree of divorce, annulment,
or legal separation or the terms of any court order or court-approved
property settlement agreement incident to any court decree of divorce,
annulment, or legal separation.
3. The Foreign Service Retirement and Disability System includes
the following provisions regarding former spouses: -
a. Unless otherwise expressly provided by any spousal
agreement. or court order, a Foreign Service participant who was
divorced on or after 15 February 1981, whose former spouse was
married to the participant in the Foreign Service Retirement and
Disability System for at least ten years during the participant's
Federal civilian and military service, provided the marriage
endured during some portion (one day) of the participant's
employment in the Foreign Service, is entitled to an annuity--
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(1) If married to the participant throughout the
creditable service of the participant, equal to 50 percent
of the annuity of the participant; or
(2) .If not married to the participant throughout
such creditable service, equal to that former spouse's
pro rata share of 50 percent of such annuity.
(Example:' If married to the participant for 30 out of
the 30 years on which the annuity is based, would be
entitled to one-half or 50 percent of the participant's
annuity; if married to the participant for 15 out of the
30 years on which the annuity is based, would be entitled
to one-fourth or 25 percent of the participant's annuity.)
b. Subject to any election and unless otherwise expressly
provided by any spousal agreement or court order, if a former
participant who is entitled to receive an annuity is survived
by a former spouse, the former spouse will be entitled to a
survivor annuity--
(1) If married to the participant throughout the
creditable service of the participant, equal to 55 percent
of the full amount of the participant's annuity; or
(2) If not married to the participant throughout
such creditable service, equal to that former spouse's
pro rata share of 55 percent of the full amount of such
annuity.
(Example: If married to the participant for 30 out of the
30 years on which the annuity is based, would be entitled
to all of the survivor annuity; if married to the participant
for 15 out of the 30 years of which the annuity is based,
would be entitled to pro rata share or one-half of the
survivor annuity. In the latter instance, the remaining
one-half can be allocated to the new spouse.)
4. A former spouse will not be qualified for an annuity or
survivor benefit if before the commencement of that annuity the former
spouse remarries before becoming 60 years of age.
5. If the Foreign Service participant was divorced before
15 February 1981, the participant can voluntarily purchase a survivor
annuity for a former spouse. This allotment is totally paid by the
participant--there is no Government contribution--and is based on
actuarial equivalent in value as calculated on tables of mortality
.as provided by the U.S. Government.
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~ The House Permanent Select Committee on Intelligence
6
.
conducted a hearing on possible CIARDS legislation and has proposed
the following approach:
a. That qualified former spouses be entitled to the same
benefits in a manner comparable to the manner in which benefits
for former spouses of participants are administered under the
Foreign Service Act of 1980.
b. That the terms used i
defined as follows:
their proposed legislation b
"(1) Agency retirement system' means any Federal
retirement and disability system available to employees
of the Agency as employees of-.the Agency";
pro rata share' means a percentage which is
equal to the percentage that (A) the number of years
during which the former spouse was married to the partici-
pant is of (B) the total number of years of such creditable
service"; and
"(3) 'qualified former spouse' means a former wife
or husband of a participant who (A) was married to such
participant for not less than ten years during period of
creditable Agency service by such participant, at least
five-years of which were spent overseas by both the
participant and the former spouse, and (B) has not
remarried before becoming 60 years of age."
c. That the Director of Central Intelligence shall issue
such regulations as are necessary to implement the provisions.
7. The Senate Select Committee on Intelligence is scheduled to
consider legislation identical to the Foreign Service provisions on
5 May 1982. Question regarding this matter should be referred to the
Chief, Retirement Affairs Division, Office of Personnel, on extension
DISTRIBUTION; ALL EMPLOYEES
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1
-A.
STAT`
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ULLETIN
May 1982
COMMENTS TO SSCI ON FUKMtK JruuJr-
n_r_._.... EB No ..933: dated 29 April X1982
In response to -i nqui 1
hearing,. the SSCI has advised the Agency that it has agreed to leave open
the record of the 5 May hearings for ten additional days. The purpose of
this action is to permit current and former Agency employees and their
spouses to make their views on the legislation known to the SSCI. In order
to do this in a secure fashion, the Agency and the SSCI have agreed on the
following procedures:
'es nn this subject generally and on the
Intelligence Agency Retiremen an
before the committee on 5 May 1982.
considering legislation governing
survivor's annuities are to be apportioned in the case of divorce. A
hearing-on..this subject generally and on S. 2422, a bill which would
apply the provisions of the Foreign Service Act of 1980 to the Central
the
t d Disability System (CIARDS), was held
Senate Select-Committee on Intelligence (SSCI) has been
.
the manner in which retirement and
Agency employees who have written comments they wish to
islation to the SSCI will submit them to_
le
hi
g
s
make on t
the Director of Personnel. }
All comments must be received by 13 May 1982.
determining wueu'ci __--
information; If they do contain such information, the
riate
ro
.
p
document will be classified.as app
All documents then will be transmitted to the SSCI.
The SSCI has indicated that all comments then will be
made part of the classified record.
Comments received after 3 it cannot will be
d sent to the SSCI, but
an
they will be put into the record.
be addressed to Chief, Ketiremenu r,i'a""z
DISTRIBUTION: ALL EMPLOYEES
rocedure or on this general subject should
this
p
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FORMERSPOUSE ANNUITY LEGISLATION
f rence? EB No 933 dated 29 April 1982
n a c
ated with
employees who-are serving
that the session will be a public one which is openly
the
red by
e
I
The Senate Select committee ~~os? 2422, the "Central Intel-
1.
scheduled a public session to "markup System Spouses' Equ
of 1982." The substance ofthe legislation was discussed in EB No. 933.
a.m.
The "markup":session will be held on Thursday, 17 June 1982, at 10 a
in Room 4232 of the Dirksen Senate Office Building.
review the
2. The purpose of this "markup" is for the SSCI to
and
bill, the hearings held thereon, and
to vote on whether or not the bill shoulno te favorably to.the full Senate for a vote. Usually for testi on is,
given at a "markup session, and none planned ssion.
3? Interested employees may attend aresreminded,Thowever,
4
status
over
t 11igence (SSCI) has
the Agency and .may be cov
ADMINISTRATIVE - INTERNAL USE ONLY
.ADMINISTRATIVE - IN KM%L " ?
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AUM1N1SIKHILVC - ,?~??..~ .__ _ This Notice Expires 1 April 1983
PERSONNEL
HN 20-1128
28 September 1982
CHANGES IN RETIREMENT PROGRAM CONCERNING
PROVISION FOR FORMER SPOUSE ANNUITY
Reference: FR Nn. 933 dated 29 April 1982
1. Title VI of H.R. 6068, "Intelligence Authorization Act for
Fiscal Year 1983," contains changes in the retirement program,
including the former spouse annuity provisions.???The conferees expect
the passage of the act in mid-September. The effective date of Title
VI has been fixed at 15 November 1982.
2. In the Conference Report (H. Rept. No. 97-779), the Senate
version of the former spouse legislation was adopted. This version
is similar to the pertinent provisions of the Foreign Service Act of
1980. Employees in both CIARDS and the Civil Service Retirement and
Disability System will be covered by the former spouse legislation
provided the following requirements are met:
a. The employee was divorced on or after 15 November 1982..
b. The employee was married to the former spouse for 10
years during the period of creditable service.
c. The former spouse served overseas with the employee
for five years.
3. The legislation will apply to these employees even if they
leave the Agency and subsequently retire from another Government agency.
Briefly, participants are required under the former spouse legislation
to accept necessary reductions in their own retirement benefits to
meet the following obligations:
a. A pension to a former spouse.
b. A court ordered apportionment of annuity to a former
spouse.
c. A regular survivor annuity to a former spouse who has
not remarried prior to age 60.
d. A proration with a former spouse of any-lump-sum
payment of retirement funds upon separation.
ADMINISTRATIVE - INTERNAL USE ONLY
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STAT
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NN 20-1128
28 September 1982
4. Further, a participant may make an election under the
following options:
a. A participant who, on 15 November 1982, has a former
spouse, by spousal agreement with the current spouse, may elect
to receive a reduced annuity and provide a survivor annuity for
such former spouse.
b. A participant who has divorced before 15 November 1982
may elect voluntarily to purchase.a survivor annuity for a former
spouse. This allotment is paid totally by the particpant--there
is no Government contribution--and is based on actuarial equivalent
in value as calculated on tables of mortality-as provided by the
U.S. Government.
5. A technical amendment will permit the refund, after separation
under CIARDS, of retirement deductions withheld from basic salary for
service in excess of 35 years, subject first to the application of any
uncovered service (either optional or prior refund service). Additional
annuity or any other authorized elective benefit also may be purchased
with these excess funds. Any residue will be refunded subject to
notification or consent of a current spouse to such payments.
6. Any questions regarding this matter should be referred to
the Chief, Retirement Affairs Division, Office of Personnel, extension
STAT
James H. McDonald
Acting Deputy Director
for
Administration
DISTRIBUTION: ALL EMPLOYEES
PERSONNEL
2
ADMINISTRATIVE - INTERNAL USE ONLY
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Iq
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This Notice Expires 1 November 1983
RETIREMENT BENEFITS FOR-QUALIFIED FORMER SPOUSES
HN 20-50-2
2 May 1983
STAT
1. Under the "Central Intelligence Agency Spouses' Retirement Equity
Act of 1982," Congress has required that information be provided to the
spouses of current employees regarding retirement benefits for qualified
former spouses. A notice has been prepared for their information and
will be distributed separately to all Agency employees.
2. In order to accomplish this program as quickly as possible, all
employees will receive a copy of the notice and if they currently are
married they are required to have the notice read, completed, and
acknowledged (signed) and dated by their spouses and returned to their
administrative or personnel officer. Employees who are single should
sign, date, and return the notice to their administrative or personnel
officers.
3. Administrative or personnel officers will maintain a record of
all personnel in their area of responsibility to ensure that all Agency
employees return the notice completed, signed, and dated. The notices
will be forwarded to the Office of Personnel for retention in the
official personnel files.
Harry E. Fitzwater
Deputy Director
for
Administration
DISTRIBUTION: ALL EMPLOYEES
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1V V 1 1 ~+
- kbrried employees arc required to have their spouse read, acknowledge (sign), date and return this form.
Single employees must sign, date and return this form.
29 April 1983
RETIREMENT BENEFITS FOR QUALIFIED FORMER SPOUSES
1. The purpose of this Notice is to advise you of recent changes in
law which may affect your future retirement benefits. A married employee
who retires after 15 November 1982, and who has served overseas five years,
must take a reduction in his or her annuity in order to provide a survivor
annuity for his or her spouse, unless both parties jointly elect in w-ritinq
to waive or reduce the survivor benefit. In the absence of such an election,
the spouse will be entitled to a `survivor annuity equal to 55 percent of the
employee's full annuity, subject to any prior claim to a portion of that
annuity by a former spouse (see below) to whom the employee was married
while accumulating credit towards retirement. In addition, a spouse must
be notified of, and consent in writing to, any payment of a lump sum in lieu
of annuity to or for the benefit of the employee.
2. The law also provides that qualified spouses of employees of the
Organization who are divorced from the employee after 15 November 1982 shall,
in the absence of a contrary court order or spousal agreement, be entitled
to share in the retirement annuity and survivor annuity or lump-sun disburse-
ments paid from retirement funds. For the purpose of these benefits, a
"former spouse" is defined as a former wife or husband of an employee or for-
mer employee who was married to that employee for not less than ten years
during periods of service by that employee which are creditable towards retire-
ment, at least five years of which were spent outside the United States by
both the employee and the former spouse. If married to the employee through-
out the employee's entire creditable service, the former spouse is entitled
to 50 percent of the employee's lifetime pension (unless a court order or
spousal agreement provides otherwise). If married to the employee for less
than the entire period of creditable service, the former spouse is entitled
to a proportionate share of 50 percent of such annuity based on the length
of the marriage to the employee during periods of creditable service compared
to the total period of creditable service. For example, if the employee
worked for the federal government for 30 years, and you were married to the
employee for 20 of those 30 years, you would be entitled to two-thirds of
50 percent of the employee's lifetime pension. Again, this entitlement is
subject to modification by court order or spousal agreement.
3. In addition, a former spouse shall, in the absence of a contrary
court order or spousal agreement, be entitled to a survivor annuity equal to
55 percent of the full amount of the employee's annuity, if married to the
employee throughout the employee's entire creditable service. If married to
the employee for less than the latter's entire creditable service, the former
spouse is entitled to a proportionate share of 55 percent of the full annuity
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based on the length of the marriage to the employee during periods of
creditable service compared to the total period of creditable service. For
example, if the employee worked for the federal government for 30 years, and
you were married to the employee for 20 of those 30 years, you would be enti-
tled to two-thirds of 55 percent of the employee's full annuity.
4. Please note that both spouses and former spouses lose their entitle-
ment to annuity if they remarry before becoming 60 years of age. However,
if a survivor annuity is terminated because of remarriage, it may be restored
at the same rate when the remarriage is dissolved.
5. If in the future you are divorced and you believe you are eligible
for benefits, it would be in your interest to notify the Organization of your
marital status through your spouse's official personnel channel. Please date,
sign and return this notice.
I , spouse of 31 Print Name Print Name
have read and acknowledge this Notice concerning benefits for qualified former
spouses.
Signature Date
I , am an unmarried employee.
Print Name
Signature Date
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ADMINISTRATIVE - INTERNAL USE ONLY
This Notice Expires 1 December 1983
PERSONNEL HN 20-50-3
27 May 1983
CIA SPOUSES' RETIREMENT EQUITY ACT OF 1982
Rescission: HN 20-50-2 dated 2 May 1983
No Field Counterpart to this HN
1. The "Central Intelligence Agency Spouses' Retirement Equity Act
of 1982" requires the Agency to inform those spouses covered by the act
of their new rights. Spouses who are affected by this legislation are
those who are married to:
a. CIA Retirement and Disability System participants
b. Employees in the Civil Service Retirement System who have
served with the Agency outside the United States for five years
or more.
2. A notice dated 29 April 1983 was prepared for the information of
spouses and distributed to all Agency employees. The information it
contained was intended primarily for currently eligible spouses. It has
been determined that it will not be necessary for all employees (or
ineligible spouses) to sign and return the 29 April 1983 notice as
originally required in HN 20-50-2.
3. However, it is the responsibility of married employees who have
a spouse affected by this legislation under the criteria stated in
paragraph 1 above to bring this notice to the attention of their spouses
and to ask them to read, complete, sign, and date the 29 April 1983
notice. This notice signed by the spouse or the employee's certification
on the notice that the spouse has seen the notice should be returned to
the respective administrative or personnel offices and then. will be
forwarded to the Office of Personnel for retention in the official
personnel files.
ADMINISTRATIVE - INTERNAL USE ONLY
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STAT
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HN 20-50-3
27 May 1983
4. The questions most frequently asked on this subject have been
answered in the attachment to this notice which is provided for the
information of all employees.
Ha E. Fitzw t
Deputy Director
for
Administration
DISTRIBUTION: ALL EMPLOYEES
ADMINISTRATIVE - INTERNAL USE ONLY
STAT
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CHANGES IN RIGHTS OF SPOUSES AND FORMER SPOUSES
There have been sate changes in the retirement law which affect the rights
of spouses and former spouses of employees and annuitants in the CIA Retirement and
Disability System (CIARDS), and also of some CIA e ployees in the Civil Service
Retirement System. The following questions and answers are designed to help
explain some of these changes:
WHICH AGENCY Er 1P OYEES ARE AFFECTED
Question 1. I recently received a notice entitled "Retirement Benefits for
Qualified Former Spouses." Do I have to sign the notice?
Answer: It has been determined that, except as explained in Question 2, no
Agency employee need sign this notice.
Question 2. Who should sign the notice?
Answer: If you are married AND you are in CIARDS or if you are under Civil
Service Retirement and have served with the Agency outside the United
States for 5 years, your current spouse should sign the notice. If
your spouse does not sign, you should return the notice with your
certification that your spouse has been shown the notice. This is
to conply with the requirement in the law that affected spouses be
informed of their rights.
uestion 3. I am a CIARDS participant. Could these changes affect me?
Answer: Yes, if you have been married.
Question 4. I am not in CIARDS but am covered by the Civil Service Retirement
System. Do any of these changes affect me?
Answer: Only if you have had 5 years of overseas service and, therefore,
would be qualified to join CIARDS. The changes in the law were
designed to prevent Agency employees from limiting the rights
of spouses and former spouses by remaining in the Civil Service
rather than joining CIARDS.
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LUMP-SUt-I PAYMEIT. S
Question 5. If I leave the Agency and wish to withdraw my retirement
contribution, do I have to consult with my current spouse?
Answer: If you have served overseas for 5 years with the Agency, or
if you are in CIARDS, you cannot withdraw your lump-sum
retirement contribution unless your current spouse agrees
in writing. If your spouse does not consent, your
contributions retrain in the retirement fund and you will be
entitled to a deferred annuity at age 62. In that way, the
law assures that your qualified former spouse or current
spouse will receive a survivor annuity.
Question 6. If I leave the Agency and wish to withdraw my retirement
contribution, do I have to consult with my former spouse?
Answer: Before answering this question, we must be clear how the
law defines former spouse because not every ex-husband or
ex-wife qualifies as a former spouse. An individual
qualifies as a former spouse if:
1) The individual was married to an Agency employee
for 10 years;
2) During those 10 years, the employee was performing
service creditable for retirement purposes;
3) Both the employee and the spouse have spent 5 of
those 10 years outside the United States; and
4) The divorce occurred after 15 November 1982.
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whenever we say former spouse we mean someone who meets all
the four criteria listed above.
If you have a former spouse, he or she need not be
consulted before you withdraw your lump-sure, contribution,
but your former spouse is entitled to receive a
proportional share of that lunp-sum payment unless a court
order or spousal agreement expressly provides otherwise.
If your former spouse was married to you during the entire
period of your Federal service, he or she would receive
half of the lump-sum payment.
If the marriage lasted for only part of your period of
Federal service, he or she would receive proportionately
less. Thus, if you had 15 years' Federal service and were
married for 10 of those years, your former spouse would
only receive 2/3 of 50 percent of the lump-sum payment.
SURVIVOR ANNUITY
Question 7. If I retire from the Agency under CIARDS, do I have to
provide a survivor annuity for my current spouse?
Answer: Yes. It is now mandatory that you receive a reduced
annuity in order to provide the maximum survivor annuity
for a current spouse (55 percent of your basic annuity).
The only exception is if your spouse agrees in writing to
accept a lesser survivor annuity or none at all.
Question 8. If I retire under Civil Service, do I have to provide a
survivor annuity for my current spouse?
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Answer: If you have 5 years of service with the Agency outside the
United States, there will be an automatic reduction in your
annuity to provide the maximum survivor annuity for your
current spouse, just as if you were in CIARDS.
If you do not have this service, you are not required to
provide a survivor benefit for your current spouse. But,
if you do not provide the maximum survivor benefit, the
Office of Personnel Nanagemenc requires that your spouse be
notified of this fact and sign an acknowledgment.
Question 9. If I retire under either CIARDS or Civil Service, have an
ex-spouse, but am not currently married, do I have to
provide a survivor annuity for my ex-spouse?
Answer: If your ex-spouse qualifies as a former spouse (see
question 4), he or she is automatically entitled to
received a survivor benefit and your annuity will be
reduced accordingly. The only exception would be if a
court order or spousal agreement provided otherwise.
Question 10. How is the survivor annuity divided if I have more than one
former spouse?
Answer: Your former spouses will share the survivor annuity based
upon the length of time they were married to you during
your Federal service.
Question 11. How is the survivor annuity divided if I have a current
spouse and one or more former spouses?
Answer: Your annuity would be reduced to provide a survivor
annuity. Upon your death, the share owed to your former
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spouse(s) will be paid and whatever portion remains will go
to your current spouse.
Exa,, le A: You have worked for the Federal Government for
30 years. During these 30 years you were married to your
first spouse for 15 years, to your second spouse for 10
years, and to your current spouse for 5 years.
The survivor annuity, which is 55 percent of your annuity,
would be divided as follows: your first spouse would
receive 1/2 (30 divided by 15); your second spouse would
receive 1/3 (30 divided by 10); and your current spouse
would receive whatever remained (1/6).
Fxanpie B: You retire after 30 years of Federal service.
During that period you were married to your first spouse
for 10 years, you were divorced and remained unrarried for
15 years, and then were married to your current spouse for
5 years. The survivor annuity would be divided as
follows: your former spouse would receive 1/3 (30 divided
by 10); and your current spouse would receive whatever
portion remains (2/3 in this example).
Question 12. Is my retirement annuity reduced more if I have both a
former spouse and a current spouse?
Answer: No. The reduction will be the same regardless of how many
beneficiaries share the survivor annuity.
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Question 13. If my former spouse remarries, is he or she still entitled
to a survivor annuity?
Answer: If a former spouse remarries before reaching age 60 and
before the survivor annuity commences, the right to an
annuity is lost forever.
If your former spouse remarries before age 60 and was
receiving a survivor annuity, this annuity ceases during
the period of that marriage; but if that marriage is
dissolved, the survivor annuity will be restored, subject
to certain technical conditions.
if your former spouse remarries after age 60, the annuity
will not cease.
Retirement Annuity
Question 14. If I retire from the Agency, will my current spouse receive
a separate share of my retirement annuity?
Answer: No.
Question 15. If I have a former spouse when I retire, does that former
spouse receive a separate share of my retirement annuity?
Answer: Yes, unless your former spouse has waived this entitlement
or a divorce court has expressly ordered otherwise.
Question 16. How much of my annuity would my former spouse receive?
Answer: Unless the spousal agreement or the court provides a
greater or lesser amount, the law specifies that up to 50
percent of your annuity will go to your former spouse or
spouses. The exact amount that each former spouse will
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receive depends upon the length of time that former spouse
was married to you during your Federal Service.
Exa, le A: Your former spouse was married to you for the
entire period of your Federal service; that spouse would
receive a full 50 percent of your retirement annuity.
Example B: Your former spouse was married to you for 10 of
the 30 years of your Federal service; he or she would
receive 1/3 of 50 percent (30 divided by 10).
Divorce and Separation
Question 17. Can the rights provided by the law to a former spouse be
allocated differently by a separation agreement or by a
divorce decree?
Answer: Yes, under the law, a spouse or former spouse can agree to
a change in the allocation of the benefits which are
provided by law.
Question 18. If a former spouse seeks to obtain the annuity or survivor
benefits provided by law, is there anything I can do to
seek a reduction in such benefits?
Answer: Your attorney can make any appropriate arguments to the
court as to what the divorce decree should include and the
court may reduce the benefits provided by law.
Question 19. If a former spouse is not satisfied with the benefits
provided by law, can he or she seek an increase?
Answer: In the same way that the employee can seek to have the
court adjust benefits downward, a former spouse can make
arguments to the court to adjust oenef its upward.
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Question 20. If I have additional questions, where can I get more
information?
Answer: Call the Retirement Affairs Division, extension
STAT
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WAStilINU1U,N, L,. t,. LUUSJ
7 May 1982
NOTICE
FORMER SPOUSE ANNUITY LEGISLATION
1. The purpose of this notice is to inform Agency retirees that the
House Permanent Select Committee on Intelligence (HPSCI) and the Senate Select
Committee on Intelligence (SSCI) are giving consideration to the adoption of
"former spouse" legislation for Agency employees which is similar to the
provisions of the Foreign Service Act of 1980. There is a likelihood that some
legislation on this subject will be enacted this session.
2. Currently, under the Central Intelligence Agency Retirement and
Disability System (CIARDS) and the Civil Service Retirement System (CSRS), an
employee's retirement annuity may be apportioned to make payment to a former
spouse pursuant to a court decree of divorce or a court-approved property
settlement.
3. The manner in which such apportionments are made under the Foreign
Service Act of 1980 is, however, somewhat different. The relevant provisions
of that Act may be summarized as follows:
a. A former spouse who was married to a participant in the
Foreign Service Retirement and Disability System (FSRDS) for at
least ten years, and throughout the period of the participant's
creditable service, is presumptively entitled to 50% of the
participant's retirement annuity and to a survivor's annuity in
the amount of 55% of the participant's full annuity unless
specifically provided otherwise by court decree of divorce or
court-approved property settlement.
b. If the spouse was married to the participant for at
least ten years, but not for the full period of creditable service,
then the former spouse is only entitled to a pro rata share of the
retirement annuity and the survivor annuity.
c. Similar provisions apply also to the language in lump-sum
refund payments of retirement contributions.
d. A former spouse is not qualified for an annuity or
survivor benefit if, before the commencement of that annuity,
the former spouse remarries before becoming 60 years of age.
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4. HPSCI conducted a hearing on this subject and has proposed legislation
as part of the Agency's Fiscal Year 1983 Authorization Bill, H.R. 6068 (Title
VI), which may be briefly summarized as follows:
a. "Qualified former spouses" of Agency employees will be
entitled to benefits in a manner comparable to the manner in which
benefits for former spouses of participants are administered under
the Foreign Service Act of 1980 (as generally described above in
paragraph 3).
b. "Qualified former spouse" means a former wife or husband
of a participant who: (1) was married to such participant for not
less than ten years during period of creditable Agency service by
such participant; (2) has at least five years of which were spent
overseas by both the participant and the former spouse; and,. (3)
has not remarried before becoming 60 years of age.
c. For former spouses and Agency employees who fall within
the group described in "b" above, this applies whether the Agency
employee is a participant in CIARDS or CSRS.
S. On S May 1982, the SSCI conducted a hearing on S. 2422. Briefly
summarized, this Bill would apply the provisions of the Foreign Service Act of
1980, as described in paragraph 2 above, to CIARDS. In response to inquiries
on this subject generally and on the hearing, the SSCI has advised the Agency
that it has agreed to leave open the record of the 5 May hearing for ten
additional days. The purpose of this action is to permit current and former
employees and/or their spouses to make their views on the legislation blown
to the SSCI.
6. Neither H.R. 6068 nor S. 2422 will affect those individuals who were
divorced prior to the effective date of the legislation. Retirees who'are
divorced after enactment of the legislation, however, would be affected insofar
as the provision of a survivor's annuity for a former spouse is concerned.
7. For convenience and in order to protect security concerns, individuals
who wish to comment on this legislation may do so by communicating their
written comments to the address on this letterhead. The comments, when re-
ceived, will be reviewed solely for the purpose of determining whether or not
they contain classified information. If they do contain such information,
they will be classified as appropriate. All comments will then be forwarded
to the Congress; however, it cannot be guaranteed that comments received
after 15 May 1982 will be put into the record.
Retirement Affairs Division
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 Telephone
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POST OFFICE BOX 1925
WASHINGTON, D. C. 20013
October 1982
STAT
IMPORTANT CHANGE TO RETIREMENT LAW
INCLUDING PROVISION FOR FORMER SPOUSE ANNUITY
This notice is to inform you of changes in the law concerning retirees.
includesOctober
SRS systems. isTheffective
The " pioth the econciliation Act of 1982"
the follow-
ing and applies es to o both
changes that will effect annuitants :
Cost-of-Living Adjustments
During 1983, 1984 and 1985 the effective date of the cost-of-living adjustments
has been changed from the current March 1 of each year to April 1, 1983, May 1,
1984 and June 1, 1985. These increases will be reflected in the annuity checks
issued on 1 May 1983, 1 June 1984 and 1 July 1985. The COLA continues to be
based on the December to December increase in the consumer price index. In 1986
the current March 1 effective date will once again apply. In addition, certain
annuitants will receive less than the full cost-of-living adjustments in these
three fiscal years. Annuitants who are under age 62 as of March 1 in each year
and who are not disability annuitants or survivor annuitants will receive the
following cost-of-living adjustments in 1983, 1984, and 1985:
April 1983 - 3.3 percent, plus any amount by which the actual CPI
increase exceeds 6.6 percent
May 1984 - 3.6 percent, plus any amount by which the actual CPI
increase exceeds 7.2 percent
June 1985 - 3.3 percent, plus any amount by which the actual CPI
increase exceeds 6.6 percent.
If the actual cost-of-living increase granted is less than or equal to the pro-
jected adjustments for the next three years, under age 62 annuitants will receive
one-half of the projected adjustment.
Disability Retirement
The test period concerning "Restored to Earning Capacity" for
con-
ridisabilit iretirees
has been reduced from two years to one year the grace
tinued payments shortened to six months. These provisions apply to earnings
after 31 December 1982. In addition, the bill allows the Retirement Systems to
verify records of the Social Security Administration and the Department of Labor.
Rounding Down of Retirement Annuities
Retirement annuities will be rounded down to the next lowest dollar, both when
they are computed and when they are adjusted by the rise in the cost-of-living.
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Credit for Military Service
Under previous law, military service could be credited toward a civil service
annuity, but the annuity was recomputed at age 62 to exclude credit for any
post-1956 military service if the individual was eligible for Social Security
benefits.
The new law provides that annuities for these individuals would be reduced at
age 62 by an amount equal to a fraction of their Social Security benefit com-
puted by dividing their total military wages that were subject to Social Security
deductions by their total lifetime wages that were subject to Social Security
deductions. Thus, individuals having Social Security covered employment only
in the military would have their civil service annuity reduced at age 62 by the
full amount of the Social. Security benefit they were eligible to begin receiving
at age 62. However, the reduction so computed will not be permitted to be
greater than the reduction required by previous law. This new formula applies
to all annuity payments after October 1, 1982, including annuity payments to
those who have previously reached age 62 and thus already had their annuities
recomputed.
All annuitants who are affected by this provision will receive a separate notice
concerning their status.
Limit on Annuities
Cost-of-living adjustments will not be made toannuities
s5, if Step such 10 (now $57,500)
cause the annuities to exceed the rate of pay for
unless the annuitants final pay (or average pay, if higher), when increased by
the cumulative average General Schedule pay increase since the annuitant's
retirement, is higher than that rate, in which case cost-of-living adjustments
could be given up to such higher amount. This provision applies to all cost-
of-living adjustments after 8 September 1982, but no annuity will be reduced.
New Legislation Effecting Former Spouses
Under Title VI, Retirement Benefits for Certain Former Spouses of Central
Intelligence Agency Employees, of Public Law 97-269 the former spouse annuity
provisions become effective on 15 November 1982. As defined by the Act, "former
spouse" means a former wife or husband of a participant or former participant
who was married to such participant for not less than 10 years during periods
of service by that participant which are creditable under the Act, at least
five years of which were spent outside the United States by both the participant
and the former spouse.
The Act allows qualified spouses of employees who are separated from service
with the Agency after 15 November 1982 and who were divorced from the participant
on or after 15 November 1982 to share in the retirement annuity, survivor bene-
fits and lump sum disbursements paid from retirement funds. The legislation does
not affect those individuals who were divorced prior to the effective date of the
Act. Retirees who are divorced on or after 15 November 1982 will be affected
insofar as the provision of a survivor annuity for a former spouse is concerned.
(2)
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The maximum survivor annuity that may be provided for that former spouse is limited
to the amount provided for that person at the time of retirement. This limited
application means that unless otherwise expressly provided by any spousal agreement
or court order, the former spouse shall be entitled to a survivor annuity...
A. if married to the participant (retiree) throughout the creditable
service of the participant, equal to 55 percent of the elected
amount of the participant's annuity, or
B. if not married to the participant (retiree) throughout such
creditable service, equal to a proportion of 55 percent of the
elected amount of such the marriage bears to the totalrnlumberhof days
number of days of
of such creditable service.
The former spouse shall not be qualified for any annuity if the former spouse
remarries before becoming 60 years of age.
It should be noted that the new provisions of law summarized above are not stated in general terms and in a ~manner. This
com-
this notice directed
prehensive statement. Any questions
to the address on this letterhead.
CHIEF, RETIREMENT AFFAIRS DIVISION
(3)
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POST OFFICE BOX 1925
WASHINGTON, D. C. 20013
31 January 1983
This Notice is to supplement the information contained in the October
1982 release concerning former spouse legislation.
A participant who retired under the CIA Retirement and Disability
System on or before 15 November 1982 and who on that date had a former
spouse may, by spousal agreement, elect to receive a reduced annuity and
provide a survivor annuity for such former spouse. THIS ELECTION MUST
BE RECEIVED BY THE RETIREMENT SYSTEM NO LATER THAN 15 NOVEMBER 1983.
In order to be eligible for such an election, the retired participant
in receipt of an annuity who has a former spouse on 15 November 1982, and
who has not provided the maximum regular survivor annuity for his/her
spouse or any other former spouse, may, prior to 15 November 1983, and with
the notarized written consent of any current spouse, designate the uncom-
mitted portion of his/her regular survivor annuity for such former spouse.
Any applicable reduction in the retired participant's annuity shall be
effective retroactively to 15 November 1982.
In addition, you should be aware that certain conditions attach to
remarriage of any former spouse (regardless of the date of divorce) who is
eligible to receive a survivor annuity. If, before the commencement of
that annuity, the former spouse remarries prior to becoming 60 years of
age, the former spouse shall not be qualified for any annuity. If the
former spouse remarries after commencement of the survivor annuity, and
that annuity is terminate-due to remarriage, it may be restored under
certain conditions.
Questions concerning this Notice should be directed to the address
on this letterhead.
CHIEF, RETIREMENT AFFAIRS DIVISION
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POST OFFICE BOX 1925
WASHINGTON, D.C. 20013
Telephone: 23 September 1983 STAT
I M P O R TAN T
N O T I C E F O R R E T I R E E S
Recent changes in retirement law regarding benefits for former
spouses are of such significance that your retirement office will remind
you annually of these changes. Please retain this information with your
other important retirement documents.
I. NEW LEGISLATION AFFECTING FORMER SPOUSES
Legislation providing retirement benefits for former spouses became
effective on 15 November 1982.
(1) This law allows former spouses of participants
who have both retired and divorced after 15 November 1982
to share in the participant's retirement annuity and
survivor benefits.
(2) The law allows former spouses of annuitants
already retired when the law took effect but divorced
after 15 November 1982 to receive a survivor annuity only.
(3) The law also allows former spouses of
participants who were divorced before 15 November 1982 to
receive a survivor annuity, as explained below in
subparagraph B, if the participant elects to provide this
benefit.
As defined by law, "former spouse" means a former wife or husband
of a participant in the retirement system who was married to the
participant for not less than 10 years of creditable service by that
participant, at least five years of which were spent outside the
United States by both the participant and former spouse.
The remarriage of a former spouse may affect his or her rights
under the new law. If the former spouse remarries prior to becoming
60 years of age, the former spouse loses his or her entitlement to any
annuity. If the former spouse remarries after commencement of the
survivor annuity, and that annuity is terminated due to remarriage, it
may be restored under certain conditions upon dissolution of the
remarriage.
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A. Former Spouses Divorced After 15 November 1982
In the absence of a spousal agreement or court order
expressly providing otherwise, the amount of any annuity
payable to a former spouse is calculated by formula based
on length of marriage to the participant compared to the
participant's total creditable service. If married to
the participant for the entire period of creditable
service, the former spouse may be entitled to a maximum
of 50 percent of the participant's lifetime annuity as
well as the full survivor benefit (equal to 55 percent of
the participant's annuity). If married to the
participant for less than the entire period of creditable
service, the former spouse would be entitled to
proportionately less of each annuity.
B. Former Spouses Divorced Before 15 November 1982
The law allows a former spouse otherwise qualified but
divorced before 15 November 1982 to receive a survivor
annuity if:
a. the participant elects to provide a
survivor annuity to the-former spouse;
b. the participant has not already
provided the maximum survivor annuity to
another spouse or former spouse; and
c. the current spouse, if any, consents
in writing.
If you have a "former spouse" divorced before 15 November
1982, you may choose to provide a survivor benefit but your
election must be received by the retirement system no later
than 15--November 19
II. ADDITIONAL INFORMATION ABOUT THE EFFECT OF CHANGES IN
ANNUITANT'S MARITAL STATUS ON SURVIVOR ANNUITIES
If you were divorced before 15 November 1982 or if your ex-wife, or
husband does not qualify as a "former spouse" as defined above, then the
following choices are open to you:
(1) Annuitants Who Were Married at the Time of Retirement and
Elected a Survivor Benefit
If, at the time of retirement, your annuity was reduced
to provide a survivor annuity for your spouse, and your
marriage subsequently ended through death, divorce, or
annulment, you are eligible to have your annuity restored to
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the full siiglealcertifiedbcopytofythe deathocertificate~ting
and submitting
divorce decree, or annulment.
If an annuitant has been restored to the full single-
life rate and subsequently remarries, the annuitant must
notify this office in writing within one year after the date
of remarriage whether or not he she desires to elect a
reduced annuity to provide a survivor benefit for the new
spouse and must submit a certified copy of the marriage
certificate. SURVIVOR PROTECTION IS NOT AUTOMATIC. If your
election is received within the required time limit, the
reduction in your annuity to provide this survivor
protection will be effective the first day of the month
following a complete year of marriage and will be the same
percentage reduction that was in effect immediately before
the dissolution of the previous marriage.
(2) Annuitants Who Were Married at the Time of Retirement
and Did Not Elect a Survivor Benefit
If an annuitant was married at the time of retirement
and did not elect to provide a survivor benefit for the
spouse, the annuitant may reconsider the election for a
qualified former spouse divorced prior to 15 November 1982 as
explained previously. However, the annuitant is NOT, repeat
NOT, eligible upon remarriage to change the election for the
new spouse. In the latter case, the annuitant's election for
the new spouse is expressly marriage.
made prior to the dissolution
(3) Annuitants Who Were Not Married at the Time of Retirement
An annuitant who was not married at the time of retirement
but who later marries, may irrevocably elect survivor
protection. The annuitant must notify this office in writing
within one year after the date of marriage whether or not
he/she desires to elect a reduced annuity to provide a survivor
benefit for the new spouse and must submit a certified copy of
the marriage certificate. SURVIVOR PROTECTION IS NOT AUTOMATIC.
If your election is received within the required time limit, the
reduction be in annuity
will be effective year of marriage. -
If a reduced annuity was elected in order to provide a
survivor benefit to a person having an"insurable
abletinterest" in
you and that person predeceases you, you
your full annuity rate restored by notifying this office-in
writing and submitting a certified copy of the death
certificate. The effective date of restoration will be the first
day of the month following the date of death.
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If you elected a reduced annuity to provide a survivor
benefit to a person having an "insurable interest" and you
marry after 1 October 1978, you may elect to provide a
survivor annuity for your spouse as explained above,
bearing in mind the time limitation. Such an election will
void your previous "insurable interest" election, although
that reduction will remain in effect until replaced by the
reduction for your spouse one year after the marriage.
Any questions concerning the above should be submitted
in writing to the address on this letterhead.
CHIEF, RETIREMENT AFFAIRS DIVISION
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This Notice Expires 1 November 1983
PERSONNEL HN 20-50-2
2 May 1983
RETIREMENT BENEFITS FOR QUALIFIED FORMER SPOUSES
1. Under the "Central Intelligence Agency Spouses' Retirement Equity
Act of 1982," Congress has required that information be provided to the
spouses of current employees regarding retirement benefits for qualified
former spouses. A notice has been prepared for their information and
will be distributed separately to all Agency employees.
2. In order to accomplish this program as quickly as possible, all
employees will receive a copy of the notice and if they currently are
married they are required to have the notice read, completed, and
acknowledged (signed) and dated by their spouses and returned to their
administrative or personnel officer. Employees who are single should
sign, date, and return the notice to their administrative or personnel
officers.
3. Administrative or personnel officers will maintain a record of
all personnel in their area of responsibility to ensure that all Agency
employees return the notice completed, signed, and dated. The notices
will be forwarded to the Office of Personnel for retention in the
official personnel files.
Harry E. Fitzwater
Deputy Director
for
Administration
STAT
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Married employees are required to have their spouse read, acknowledge (sign), date and return this fora.
Single employees must sign, date and return this form.
29 April 1983
RETIRE~IE?'T BENEFITS FOR QUALIFIED FORMER SPOUSES
1. The purpose of this Notice is to advise you of recent changes in
law which may affect your future retirement benefits. A married employee
who retires after 15 November 1982, and who has served overseas five years,
must take a reduction in his or her annuity in order to provide a survivor
annuity for his or her spouse, unless both parties jointly elect in writing
to waive or reduce the survivor benefit. In the absence of such an election,
the spouse will be entitled to a survivor annuity equal to 55 percent of the
employee's full annuity, subject to any prior claim to a portion of that
annuity by a former spouse (see below) to whom the employee was married
while accumulating credit towards retirement. In addition, a spouse must
be notified of, and consent in writing to, any payment of a lump sum in lieu
of annuity to or for the benefit of the employee.
2. The law also provides that qualified spouses of employees of the
Organization who are divorced from the employee after 15 November 1982 shall,
in the absence of a contrary court order or spousal agreement, be entitled
to share in the retirement annuity and survivor annuity or lump-stun disburse-
ments paid from retirement funds. For the purpose of these benefits, a
"former spouse" is defined as a former wife or husband of an employee or for-
mer employee who was married to that employee for not less than ten years
during periods of service by that employee which are creditable towards retire-
ment, at least five years of which were spent outside the United States by
both the employee and the former spouse. If married to the employee through-
out the employee's entire creditable service, the former spouse is entitled
to SO percent of the employee's lifetime pension (unless a court order or
spousal agreement provides otherwise). If married to the employee for less
than the entire period of creditable service, the former spouse is entitled
to a proportionate share of 50 percent of such annuity based on the length
of the marriage to the employee during periods of creditable service compared
to the total period of creditable service. For example, if the employee
worked for the federal government for 30 years, and you were married to the
employee for 20 of those 30 years, you would be entitled to tyro-thirds of
50 percent of the employee's lifetime pension. Again, this entitlement is
subject to modification by court order or spousal agreement.
3. In addition, a former spouse shall, in the absence of a contrary
court order or spousal agreement, be entitled to a survivor annuity equal to
55 percent of the full amount of the employee's annuity, if married to the
employee throughout the employee's entire creditable service. If married to
the employee for less than the latter's entire creditable service, the former
spouse is entitled to a proportionate share of 55 percent of the full annuity
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based on the length of the marriage to the employee during periods of
creditable service compared to the total period of creditable service. For
example, if the employee worked for the federal government for 30 years, and
you were married to the employee for 20 of those 30 years, you would be enti-
tled to two-thirds of 55 percent of the employee's full annuity.
4. Please note that both spouses and former spouses lose their entitle-
ment to any annuity if they remarry before becoming 60 years of age. However,
if a survivor annuity is terminated because of remarriage, it may be restored
at the same rate when the remarriage is dissolved.
5. If in the future you are divorced and you believe you are eligible
for benefits, it would be in your interest to notify the Organization of your
marital status through your spouse's official personnel channel. Please date,
sign and return this notice.
I , spouse of
Print Name Print Name
have read and acknowledge this Notice concerning benefits for qualified former
spouses.
Signature Date
I am an unmarried employee.
Print Name
Signature Date
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STAT
STAT
STAT
STAT
STAT
STAT
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IN U I I t_. --
RETIr.IS NT BENEFITS FOR QUALIFIED FOMIER SPOUSES
1. The purpose of this Notice is to advise you of recent changes in
law which may affect your future retirement benefits. A married employee
who retires after 15 November 1982, and who has served overseas five years,
must take a reduction in his or her annuity in order to provide a survivor
annuity for his or her spouse, unless both parties jointly elect in writing
to waive or reduce the survivor benefit. In the absence of such an election,
the spouse will be entitled to a survivor annuity equal to 55 percent of the
employee's full annuity, subject to any prior claim to a portion of that
annuity by a former spouse (see below) to whom the employee was married
while accumulating credit towards retirement. In addition, a spouse must
ernployeeayment of a lump sum in lieu
be notified of, and consent rothe g to,
of annuity to or for the 2. The law also provides that qualified spouses of employees of the
Oranication who are divorced from the employee after 15 November 19S2 shall,
in the absence of a contrary court order or spousal agreement, be entitled
to share in the retirement annuity and survivor annuity or lump-stun disburse-
ments paid from retirement funds. For the purpose of these benefits, a
"former spouse" is defined as a former :Fife or husband of an employee or for-
mer employee who was married to that em loyee for not less than ten years
during periods of service by that employee which are creditable towards retire-
ment, at least five years of which were spent outside the United States by
both the employee and the former spouse. If married to the employee through-
out the employee's entire creditable service, the former spouse is entitled
to SO percent of the employee's lifetime pension (unless a court order or
spousal agreement provides otherwise). If married to the employee for less
than the entire period of creditable service, the former spouse is entitled
to a proportionate share of 50 percent of such annuity based on the length
Or, the marriage to the employee during periods of creditable service compared
to the total period of creditable service. For example, if the employee
worked for the federal government for 30 years, and you were married to the
employee for 20 of those 30 years, you would be entitled to two-thirds of
50 percent of the employee's lifetime pension. Again, this entitlement is
subject to modification by court order or spousal agreement.
3. In addition, a former spouse shall, in the absence of a contrary
court order or spousal agreement, be entitled to a survivor annuity equal to
55 percent of the full amount of the employee's ruinuity, if married to the
ccmulo-Ce throughout the employee's entire creditable service. If married to.
tho employee for less than the latter's entire creditable service, the former
s otise is entitled to a proportionate share of 55 percent of the full annuity
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based on the length of the marriage to the employee during periods of
creditable service compared to the total period of creditable service. For
cxa:lple, if the employee worked for the federal government for 30 years, and
you were married to the employee for 20 of those 30 years, you would be enti-
tled to two-thirds of 55 percent of the employee's full annuity.
4. Please note that both spouses and former spouses lose their entitle-
ment to any annuity if they remarry before becoming 60 years of age. However,
if a survivor annuity is terminated because of remarriage, it may be restored
at the same rate when the remarriage is dissolved.
5. If in the future you are divorced and you believe you are eligible
for benefits, it would be in your interest to notify the Organization of your
marital status through your spouse's official personnel channel. Please date,
sign and return this notice.
I, , spouse of
Print Name Print Name
have read and acknowledge this Notice concerning benefits for qualified former
spouses.
Signature Date
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Letter to Employee's Former Spouse (divorced after 15 November
1982
POST OFFICE BOX 1925
WASHINGTON, D. C. 20013
Telephone:
Name:
Address:
Dear
As the former spouse of (name of employee) , you
may be eligible, if qualified, for a portion of his or her
retirement benefits. For the purpose of these benefits, a
"former spouse" is defined by law as a former wife or husband
of an employee or former employee who was married to that
employee for not less than 10 years during periods of service
by that employee which are creditable towards retirement, at
least 5 years of which were spent outside the United States
by both the employee and the former spouse.
This benefit allows qualified former spouses of
employees of the Organization, who were divorced from the
employee after 15 November 1982, to share in the retirement
annuity and survivor benefits or lump sum disbursements paid
from retirement funds. Unless otherwise expressly provided
by any qualifying spousal agreement or court order, such
former spouses are entitlel to a share in the employee's
lifetime pension equal to 50 percent of the employee's
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annuity, if married to the employee throughout the employee's
entire creditable service. If married to the employee for
less than the entire period of creditable service, the former
spouse is entitled to a proportionate share of 50 percent of
such annuity based on the length of the marriage to the
employee during periods of creditable service compared to the
total creditable service. For example, if the employee
worked for federal government for 30 years, and you were
married to the employee for 20 of those 30 years, you would
be entitled to two-thirds of 50 percent of the employee's
lifetime pension.
In addition, the former spouse shall, in the absence of
a contrary court order or spousal agreement, be entitled to a
survivor annuity equal to 55 percent of the employee's
annuity if married to the employee throughout the employee's
entire creditable service. If married to the employee for
less than the entire period of the latter's creditable
service, the former spouse shall be entitled to a
proportionate share of 55 percent of the full annuity based
on the length of the marriage to the employee during periods
of creditable service compared to the total creditable
service. For example, if the employee worked for the federal
government for 30 years, and you were married to the employee
for 20 of those 30 years, you would be entitled to two-thirds
of 55 percent of the employee's full annuity.
Please note that a former spouse shall not be qualified
for an annuity if he or she remarries before becoming 60
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years of age. However, if a survivor annuity is terminated
because of remarriage, it may be restored at the same rate
following dissolution of that remarriage.
To determine your eligibility for future annuity
benefits, you may be requested to provide us with information
concerning your five years of residence with the employee
outside the United States as well as verification of your
dates of marriage and divorce from the employee.
So that we will know where to contact you should you be
eligible for any of these benefits in the future, please
advise us of all future changes of address and marital
status, if any, as they occur.
Thank you for your cooperation.
Sincerely,
Chief, Retirement Affairs Division
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Iq
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NOTICE: FORNMER SPOUSE AMNNUITY PROVISIONS
The purpose of this notice is to bring to your attention the provision
of the retirement program that establishes procedures where certain former
spouses of employees may be entitled to retirement benefits.
Employees in both the CIARDS and Civil Service Retirement and Disability
System will be covered provided:
a. The employee was divorced on or after 15 November 1982.
b. The employee was married to the former spouse for 10
years during the period of creditable service.
c. The former spouse served overseas with the employee
for five years.
This provision will apply to these employees even if they
leave the Agency and subsequently retire from another Government agency.
Briefly, participants are required under the former spouse legislation
to accept necessary reductions in their oiyn retirement benefits to
meet the following obligations:
a. A pension to a former spouse.
b. A court ordered apportionment of annuity to a former
spouse.
c. A regular survivor annuity to a former spouse who has
not remarried prior to age 60.
d. A proration with a former spouse of any lump-sum
payment of retirement funds upon separation.
Further, a participant may make an election under the
following options :
a. A participant who, on 15 November 1982, has a former
spouse may, by spousal agreement, elect to receive a reduced
annuity and provide a survivor annuity for such former spouse.
b. A participant who is divorced on or after 15 November
1982 may elect voluntarily to purchase an additional survivor
annuity for a former or current spouse. This allotment is paid
totally by the participant--there is no Government contribution--
and is based on actuarial equivalent in value as calculated on
ernment
G
S
.
ov
.
tables of mortality as provided by the U.
Any questions regarding this matter should be referred to
extensior[
of Personnel
ffi
,
ce
the Retirement Affairs Division; O
STAT
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 A TI. ITIITe-rnArTlrr T*I mW.\1 1I\T' I1.\'I.?
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This Notice Expires 1 Auo st 1983
PERI SO EL
NOTIFICATION OF DIVORCE
References: EB No. 933 dated 29 April 1982
HN 20-99-3
17 January 1983
1. The Central Intelligence Agency Spouses' Retirement Equity
Act of 1982, Public law 97-269, effective 15 November 1982, authorizes
annuity and survivor annuity or lump-sum payments for certain former
spouses of Agency employees. Pursuant to the law, a "Notification of
Divorce" form must be completed by personnel who are divorced after
1S November 1982 and who have served at least five years outside the
United States. The entitlement of a former spouse who satisfies all the
requirements of the law is valid even though the employee leaves
the Agency and eventually retires from another Federal retirement system.
It also is valid in the case of an employee who elects not to be a
participant in the CIA Retirement and Disability System but to remain
in Civil Service during his or her career in the Agency and eventually
retires under Civil Service.
2. The Retirement Affairs Division, Office of Personnel (RAD/OP),
upon receipt of the "Notification of Divorce" form, will notify the
former spouse that he or she may be entitled to a share of the employee's
annuity and a survivor annuity or lump-sum payment. Former spouses will
be advised to keep RAD/OP informed of their current address so they may
be contacted upon the employee's retirement, death, or lump-sum withdrawal
of retirement funds.
3. The information contained in the "Notification of Divorce"
form is required to identify former spouses eligible to share the
employee's benefits. Certification of marriage, divorce, and overseas
qualifying service will be required to establish a claim. A sample
of the form is attached and may be used until forms are published.
4. Any questions regarding this matter should be referred to
RAD/OP on extensions
Harry E. Fitzwater
Deputy Director
for
Administration
Attachment
DISTRIBUTION: ALL BIPLOYEES
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STAT
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NOTIFICATION OF DIVORCE
Form to be completed by employees
divorced after 15 November 1982
who have served at least five years
outside the United States.
To enable the Office of Personnel to determine if your former spouse
is eligible under P.L. 97-269 to receive an annuity and survivor benefits
or lump-sum payment based on your service, the following information is
required:
Employee Name:
loyee B : Employee SSN:
Former Spouse Name:
Former Spouse DOB:
Former Spouse SSN:
Date o Marriage:
lace of Marriage:
Date o Divorce:
Place o Divorce:
Last Known Address of Former pouse:
Location o Post Outside U. S. Dates: From To
Accompanied by Former Spouse:
Return completed form to:
Chief, Retirement Affairs Division
Room 906, Ames Building
(zPrPFT (when filled in)
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 SECRET (whnn f i 1 1 M i n)
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NOTIFICATION OF DIVORCE
Form to be completed by employees
divorced after 1S November 1982
who have served at least five years
outside the United States.
To enable the Office of Personnel to determine if your former spouse
is eligible to receive an annuity and survivor benefits or lump-sum payment
based on your service, the following information is required:
Employee Name:
Employee DOB:
Employee SSN:
Former Spouse Name:
Former Spouse DOB:
Former Spouse SSN:
Date of Marriage:
Place o Marriage:
Date of Divorce:
Place of Divorce:
Last Known Address o Former Spouse:
Location of Post Outside U.S.
Accompanied by Former Spouse:
Dates: From To
Return completed form to Office of Personnel
SECRET (when filled in)
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S-E-C-R-E-T
CENTRAL INTELLIGENCE AGENCY SPOUSES RETIREMENT EQUITY ACT OF 1982
Last year's annual report included a very brief description of
the CIA Spouses Retirement Equity Act of 1982, enacted by Title VI of.
Public Law 97-269 approved 27 September 1982. As a direct amendment to
CIARDS, this legislation does not require a conforming Executive order,
but does need the third step in the amending process, which is the
revision of Agency regulations.
The purpose of this legislation is to provide a measure-of protec-
tion to former spouses as well as current spouses. A former spouse is a
former wife or husband who was married to an Agency employee during at
least 10 years of creditable service, at least 5 years of which were
spent outside the United States by both the employee and the spouse.
When these conditions are met, the new legislation applies to employees
of the Agency whether they are under CIARDS or the Civil Service -
Retirement System, and the provisions follow an Agency employee who
transfers to another Government agency.
During the fiscal year 1983 the Agency used a series of letters
and other issuances to do a highly commendable job of informing current
employees, annuitants, spouses, and former spouses of the enactment and
the provisions of the CIA Spouses Retirement Equity Act of 1982
By 30 September 1983, 71 individuals had made direct inquiries
about their eligibility for benefits under P.L. 97-269. Most of these
inquiries have been resolved by correspondence informing the inquirer
that all of the requirements are not met. Two former spouses are
currently receiving benefits under this new law. Another 7 have been
informed that they will be eligible for a share of monthly annuity
when the employee retires, and a final 7 will be eligible for a
monthly benefit if they survive the retired employee to whom they were
formerly married.
S-E-C-R-E-T
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The Central Intelligence Agency Spouses' Retirement Equity Act
will not be easy to administer. It is a complex legislative
enactment, particularly because it applies to Agency employees
regardless of which retirement system they are under and it follows
them if they transfer to another part of the government.
io
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S-E-C-R-E-T
5. There were no changes in the law that will have any bearing on the
exercise of discretion to designate Agency employees for partici-
pation in CIARDS.
The legislation which mandates Social Security coverage for
Agency employees hired on or after 1 January 1984 will require
major changes in both CIARDS and CSRS to coordinate them with
Social Security. It is essential that the new system continue to
serve the Agency needs now met by CIARDS.
6. Executive Order 12443 issued 27 September 1983 conforms CIARDS to
amendatory legislation enacted 8 September 1982, 15 October 1982,
and 21 December 1982. The nine-month delay between the last
amendment and issuance of the Executive order occurred after the
draft order left-the Agency, and was beyond the control of the
.Agency.
7. The CIARDS regulations were not revised during the year. Revisions
to reflect legislation enacted in September of 1982 have not yet
been issued. This revision was delayed pending issuance of
Executive Order 12443 which was finally approved 27 September 1983,
but the revisions are still pending as this is written.
8. The Agency is carrying out its responsibilities under the Central
Intelligence Agency Spouses' Retirement Equity Act of 1982 in a
highly commendable fashion. Appropriate notices have been given to
persons potentially affected, and individual inquiries have been
handled with dispatch.
S-E-C-R-E-T
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