MANDATORY RETIREMENT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86B00885R000300230004-5
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 8
• Document Creation Date: December 22, 2016
• Document Release Date: January 12, 2011
• Sequence Number: 4
• Publication Date: April 5, 1982
• Content Type: MEMO

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Cents! In_ei!igence Agency
APR
NENIORAN'DUM 17OR: :1r. Craig L. Fuller
Assistant to the President for Cabinet Affairs
FROM : John N. `ictiMahon
Executive Director
SUBJECT : Mandatory Retireiiiient
1. The agenda for the 30 March 1982 meeting of the Cabinet Council
on Human Resources contained the issue of the Administration's position
on legislation which would raise the age below which mandatory retirement,
based solely on age, is prohibited. In light of the interest in this
subject, we wish to call your attention to the importance to this Agency
of the Central Intelligence Agency Retirement and Disability System (CIARDS),
which was authorized by the Central Intelligence Agenc,- Retirement Act of
1964. Although not specifically addressed by any pro,oseJ legislation thus
far, this special retirement system is characterized by provisions on man-
datory retirement.
2. Approximately 30?percent of the Agency's employees qualify for
coverage under CIARDS. The mandatory retirement point for those covered
is 60 years of age for SIS-3 and below, and 65 years of age for SIS-4
and above. The Director of Central Intelligence nay also, under Section 235
of CIARDS, place in a retired status a qualified employee who has completed
at least 25 years of service or who is at least 50 years of age with at least
20 years of service. The Central Intelligence Agency Retirement Act of 1964
was designed to assist the Agency in improving its personnel. management
program by authorizing the cst hli_? r.ont of a retirem 4 syste n that included
mandatory retirement for age provisions. In authorizin_ the creation of
this system, the Congress atta_1e special inportance to the demanding nature
of Central Intelligence Agency positions, and also recortnlized the special
character of overseas intelligence work.
Z:1 0 ence Agency does indeed 'r-nnn a crucial ongoing
3. The Central Intellig
need to attract and retain a force of highly motivated careerists who are
cap ale of being trained in unique sk.i.-ils. The demands of our overseas
intelligence work ge_,.>rni ~ , rc-wire ti, ,;-. these indi,. ells young. r than
ghat usually is called fc C in Govern:: _'n t service. These demands include
unique duties performed tinder difficult and son times dangerous conditions.
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The stresses and strains of uneven and uncertain hours of work, of duty in
unhealthy locations, and of arduous assignments require personnel who
possess a high degree of vigor, vitality, and endurance. An operational
cadre with such physical and emotional characteristics is absolutely
essential to the mission of the Agency. Experience has taught us that the
nature of certain unique types of work in the Central Intelligence Agency
requires a combination of mental, physical, and psychological characteristics
which are predominantly associated with the younger band of the age spectrum
and have been built in as a basic and vital feature of this Agency's opera-
tional cadre management system.
4. It is clear that unique considerations relating to intelligence
assignments demand that the mandatory retirement provisions of the Central
Intelligence Agency Retirement and Disability System be retained to insure
that the Agency can continue to discharge its critical statutory duties in
the most effective way possible.
5. Because of the importance of the considerations outlined above,
we wish to be kept closely informed regarding the development of an
Administration position on any related legislation pertaining to mandatory
retirement from Federal employment which could impinge upon the Central
Intelligence Agency or CIARDS.
r, /S/
Directory Personnel
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THE WHITE HOB
WASHINGTON
,CABINET AFFAIRS STAFFING ORANb'&JM
3/29/82
NUMBER: 050194CA
ILLEGIB:
DUE BY:
SUBJECT: CABINET COUNCIL ON HUMAN RESOURCES March 30 Meeting
ACTION
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The Cabinet Council on Human Resources will meet on Tuesday;
March 30, at l0;00 AM in the Roosevelt Room.
The agenda and background paper are attached.
RETURN TO: Craig L. Fuller
Assistant to the President
,,~' ? yldl ,"` iIW Affairs
CL .
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CABINET COUNCIL ON HUMAN RESOURCES
March 30, 1932
10:00 AM
AGENDA
1. Mandatory Retirement/CM229
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THE WHITE HOUSE
March 26, 1992
,IO'tANDUM FOR: C.3INET COUNCIL ON HUMAN RESOURCES
FROM: ROBERT B. CARLESON
EXECUTIVE SECRETARY
What is the Administration's position on legislation which
wou1_d raise the age below which mandatory retirement based solely
on age is prohibited.
Action Forcing Event: Testimony before the Heinz/Pepper Committee on
Ag ri j April, 1532.
round: According to the Department of Labor, the 1978 ameadmeats
t' - a Age Discrimination in Employment Act (ADEA) raised the so-called
mandatory retirement age from age 65 to age 70. Accordingly the
law now protects individuals from discrimination on the basis of age
between the ages of 40 and 70. While this age is often called the
mandatory retirement age, the law does not require employers to retire
employees at that age. It only prohibits employers from involuntarily
retiring employees under age 7.0 solely on the basis of age. Clearly,
if an employee has reached age 70, an employer is free to keep that
employee.
29 USC S631 contains the relevant provisions of the ADEA. There
are two provisions in this section which modify the age 70 limit.
One p_---vision (Sec. 631(c)) provides that under certain conditions
high level executives can be retired before age 70. Another provision
(Sec. 631(d)) provides that until July 1, 1982, professors of unlimited
tenure can be retired if they are between the ages of 65 and 70.
Recently the latter provision was publicized because an university
elected to exercise this option and retire 40 faculty members before
the provision's July expiration date. Evidently, the plan has
sparked a good deal of protest on the campus.
Under Section 5 of the ADEA, the Department of Labor is required to
submit a report on the results of raising the retirement age from 65
to "0 and to cxa.-rine tr ~ feasibility of. removing the age limit. The
Department has completed the required studies and, in December 1981,
for-yarded an interim report of study findings to Congress. The results
i icar_e that raising the mandatory retirement aqe to -10 has slightly
increased employment of older workers bJ'-- oth ise has clad