MANDATORY RETIREMENT LEGISLATION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87B00858R000600880006-8
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 22
• Document Creation Date: December 22, 2016
• Document Release Date: March 1, 2011
• Sequence Number: 6
• Publication Date: August 28, 1986
• Content Type: MEMO

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AU[- 2 8 1986
Legislation Division
Office of Congressional Affairs
FROM: Robert W. Magee
Director of Personnel
SUBJECT: Mandatory Retirement Legislation
REFERENCES: (A) Your memo, same subject, dtd 15 August 1986, OCA-86-2822
(B) Letter to the Honorable David A. Stockman, Director,
Office of Management and Budget from William J. Casey,
Director of Central Intelligence, dtd 11 March 1985
Exec. Reg. 85-1003, OLL 85-0816
(C) Employee Bulletin No. 1251, "Director of Personnel's
Testimony on CIA Retirement," dtd 2 May 1985
(D) Letter from Senator Dave Durenberger, Chairman, SSCI
to the Honorable William J. Casey, Director of Central
Intelligence, dtd 12 November 1985, Exec. Reg. 85-4522,
with attached statement of Senator Durenberger on CIA
Retirement Program
1. This is in response to your request in Reference A for our views
concerning legislation which would eliminate the mandatory retirement
provisions of the current CIARDS law.
2. We remain as unalterably opposed to such legislation as we always have
been. This office shares your belief that the subject legislation would be
detrimental to the national interest. Elimination of the mandatory retirement
features of CIARDS would significantly impair the Agency's ability to maintain
the young and vigorous workforce needed to carry out the mentally and
physically arduous and stressful tasks and duties inherent in the intelligence
mission. The personnel management flexibility afforded to the Director of
Central Intelligence by the mandatory retirement provisions of CIARDS is an
Downgrade to UNCLASSIFIED
when separated from Reference B.
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SUBJECT: Mandatory Retirement Legislation
essential tool in ensuring that the Agency's overseas and domestic cadres are
composed of those people who can best carry out the intelligence mission.
3. The case in support of the CIARDS mandatory retirement provisions has
been made fully by this Agency in at least two prior instances. Your
attention is directed to the attached copies of Reference B, especially
paragraphs two through seven, and Reference C, especially the portion starting
with the first paragraph on page four and ending after the first paragraph on
page five. SSCI recognition of these points is reflected in paragraphs three
through seven of Senator Durenberger's above-noted statement (see Reference
D), a copy of which also is attached.
4. Congressional recognition of the need to maintain a young and vigorous
intelligence cadre more recently was reflected in the enactment of new Section
302(b) of the CIA Retirement (CIAR) Act, which applies to post-1983
"CIARDS-type" employees under the new Federal Employees' Retirement System the
same mandatory retirement provisions as apply to "old" CIARDS employees under
Section 235 of the CIAR Act.
5 Additionally, as to the retirement issue, we would point out that the
"preferential" retirement annuity computation rates for "old" and "new" CIARDS
participants are premised on and reflect the necessity for earlier retirement,
whether voluntary (i.e., with the Director's consent) or mandatory (i.e., at
the Director's direction), for those employees who perform the demanding
duties required to earn designation as a CIARDS (or FERS special category)
participant.
6. Finally, we would be opposed to Section 3 of the proposed legislation,
if it would limit or decrease the Agency's testing, hiring, and retention
authorities with respect to Agency firefighters and/or Security Protective
Officers.
Robert . Magee
~, 4-1 A,/
Attachments:
As stated
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OCA 86-2822
15 August 1986
MEMORANDUM FOR: Director, Office of Personnel
Legislation Division
Office of Congressional Affairs
SUBJECT: Mandatory Retirement Legislation
1. The Office of Management and Budget has requested our views
on a letter recently sent by Representative James Jeffords (R-VT)
to the Director of OPM regarding H.R. 4151, the "Age Discrimination
in Employment Amendment of 1986." The bill would remove the upper
age limit under the Age Discrimination in Employment Act of 1967.
As now in force, the ADEA protects workers between ages 40 and 70
from discrimination in employment based on age. A copy of the
letter to OMB and the bill are attached.
2. The Congressman, who is the Ranking Minority Member on the
House Education and Labor Committee, has stated that when this bill
reaches the House floor in September, he intends to offer an
amendment that would preclude all federal agencies from requiring
that employees retire by a certain age. The Congressman also
requested that OPM provide a list of positions in the executive
branch subject to mandatory retirement.
3. Congressman Jeffords amendment would, if enacted into law,
eliminate the mandatory retirement features contained in CIARDS. I
believe that this amendment would not be in the best interest of
the Agency since it would substantially hinder our ability to phase
out older employees who can no longer meet the rigorous mental and
physical requirements of a job and make room for younger
employees. I suggest that we should make our views known to both
OMB and the HPSCI staff on this matter.
4. It would be helpful if your office could prepare a short
paper detailing the arguments against the Jeffords amendment.
Since OMB has requested our views by 28 August, I would appreciate
receiving the views of your Office within the next two weeks.
Attachment as
stated
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(b) Proposed Guidelines.--Not later than 2 years after the date of the
enactment of this Act, the Equal Employment Opportunity Commission shall
propose, in accordznce with subchapter I I of chapter 5 of title G of the
United States Code, guidelines for the administration and use of physical and
mental fitness tests to measure the ability ond competency of police officers
and firefighters to perform the requirements of their jobs.
SEC. 4. EFFECTIVE DATE AND APPLICATION OF AMENDMENTS.
This Act and the amendments made by section 2 of this Act shall take
effect on January 11 1987, except that with respect to any employee who is
subject to a collective-bargaining agrenm,ent---
(1) which is in effect on June .TO, 1,86,
(2) which terminates after January 1, 1987,
(3) any provision of which was entered into by a labor organization
(as defined by section 6(d) (4) of the Fair Labor Standards Act of 19=8 (29
U.S.C. 206(d)(4)), and
(4) which contains any provision that cold be superseded by au_h
amendments, but for the operation of this section,
such amendments shall not apply until the termination of such collective
bargaining agreement or January 1, 1990, whichever occurs first.
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