FORMER SPOUSE ANNUITY LEGISLATION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP91B00135R000701340021-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 20, 2016
• Document Release Date: April 9, 2008
• Sequence Number: 21
• Publication Date: April 29, 1982
• Content Type: REGULATION

Approved For Release 2008/04/09: CIA-RDP91 B001 35R000701340021-5
EMPLOYEE
BULLETIN
29 April 1982
FORMER SPOUSE ANNUITY LEGISLATION
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 partidipant'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 serviceofthe 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 whioh the annuity is baited, 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 'nstance, the remaining
one-half can be all6cated 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 66 tables of mortality
as provided by the U.S. Government.
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6. The House Permanent Select Committee on Intelligence
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 in their proposed legislation be
defined as follows:
"(1) 'Agency retirement system' means any Federal
retirement and disability system available to employees
of the Agency as employees of the Agency";
"(2) '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 b 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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