DISABILITY RETIREMENT - SUPPORTING DOCUMENTATION OF EMPLOYEE'S DUTIES
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP92-00455R000300040016-2
Release Decision:
RIPPUB
Original Classification:
K
Document Page Count:
14
Document Creation Date:
December 12, 2016
Document Release Date:
February 8, 2002
Sequence Number:
16
Case Number:
Publication Date:
February 20, 1976
Content Type:
MEMO
File:
Attachment | Size |
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Body:
MINISTRATIVE - INTERNAL USE OI
20 February 1976
OFFICE OF PERSONNEL MEMORANDUM NO. 20-50-5
SUBJECT : Disability Retirement - Supporting Documentation of
Employee's Duties
1. Reference requires the supervisor responsible for preparing
the Fitness Report for an employee being processed for disability
retirement under CIARDS to submit a statement describing the apparent
nature of the applicant's disability and explaining the manner in
which it affects his official duties. In addition to this statement,
a description of the duties expected of the individual is now
required for the use of the Board of Medical Examiners, Office of
Medical Services. A copy of the Position Description and, if appli-
cable and the component has no objection, a copy of the individual's
Letter of Instruction will satisfy this requirement and should accom-
pany the application. As this material will remain in the Office of
Nbdical Services it may be classified as to content.
2. Although the supervisor is responsible for preparing the
statement, the component Personnel Officer is responsible for
ensuring that the statement, the Position Description and the Letter
of Instruction are submitted to the Retirement Affairs Division on a
timely basis. To alert the Personnel Officer of the need for these
items by the Board of Medical Examiners, a member of the Retirement
Operations Branch, Retirement Affairs Division will advise the
responsible Personnel Officer when a member of the component applies
for disability retirement.
3. In Civil Service disability cases, the supervisor describes
the applicant's duties as item 5 on Form 2801-A, Superior Officer's
Statement. Since this statement is forwarded to the Civil Service
Commission, it should be unclassified.
STATI NFL
Director of Personnel
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The Honorable James T. Lynn, Director
Office of Y44azaament and Budget
i ashiugton, . D. C. 20S03
Do-.r
This responds to that portion of #r. Ash's letter Of
30 Tatuary 1975 Which relates to the CIA Retirement and
Disabii11tY Syston (CIARDS)o
in requesting that wet roview the destrabiliity of urging
CIA.` DS with the Civil service P.etirenent Systom (CS?S), Mr}
Ash noted that the difficni'ti0s hherelt in providing for
unfunded liability and in updating our system to parallel
ch ges In the C-SRS- argue for a 1 or er.
Based on our review, I have coucl e3 that the .interests
of this Agency will bo served better and more ef$ieienatly
by continuing CIM as a separate system. When vievod in
the context of sod Personnel management and relatad con-
sideretions of ece. ozy, security, adni.nistrative ease and
morale, the probleus of Providing for unfundod liability
-P,and of updating our System do not appear serious enough to
varra t 5iergor. Noreever, we believe it to be less difficult
to obtain legislation to overcome those too problems th tot
obtain the legislation needed to achieve aer er-, and appro-
priate, legislative proposal has already been prepared. We -
s bnit the foiloiiag information in support of our views and
conclusion-S."
1. First,, let - e note that a unique retirement.
policy responsive to the needs of this gt~?Ycy and
directly &oterated into our personnel Pe nagtmeo.t
system existed even before dnactmemt of Ci1A DS.
CLASSIFIED DY 9&
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a. T c first r cor led cez tern of Aga .cy
zx3 .cs f~.. etfor i'+at`},, . ozon P at s~fi s - a 'ss+s:r VQI- a?f
he .' ..'aEzilatar ~ a3Y o 70. az provided r ter r
Civil Service R :irea 4t System was -Made as
aarly as October 1953 In a. report of a task
force on legislative alas. 711,115 report
that sov* stork in CIA requi, od a conabthation of
ontalt physical and psychological c :Axacterisrt
tics which are fo and In divinis i g ?ro; ortioa- s
is e pleyeas past ago 3&. This was tb s agi ing
of the dove lopment of a policy of Ooa ly`: rot:ire-
zent (I.*., earlier the ages 70) and, also,.
toi&rd the eventual divelepaent of CIAP.D .
b. Geferated by a ccntiauuin& and serious
cencera *bout the need to kcap the Agemcy"s work
forgo. young and vital, the Director of Ontral
l tallisence 4pproved in 1 a policy calling
for retirozsnt at age 0 or as soon thereafter
as erployees becone ealigible for an i,-m-odi..te.
as udty at V40 tine, a-ve 60 with 30 years of
s+ rvIco or age 62 with fire yaws of Se llc
The sii?icaaice of this developo_ont Is that.
it was the first Steep t? Ord puttinj in the
b=ands of naze nt t.JO scheduling -and control
of retir: eats; before then, such contre,i was
lacking and retirer?, t was s :tjoca to the deci.-.
$1sn of amplcyees'. it was roc gained at the -
tine that the now policy ioparted
_ st 3? c tly- = -
from the mandatory provisions of the Civil--:
Service ae ti rezaent System and that -the_ Agency
ran the risk of outcry and even legal action-
'
affected cnployeos. Despite- the
from
the Agency proceeded because of the extremes
i portanca attached to the- age 60 retIra meat
policy.
c. The 1966 Fe Feral Salary Act auth: r$ tod
retirement at age 60 with 20 years of sorvice,
and our 4' .ndatorr retirement policy was r vi.sed
accerdi- gly for eaployoes covered by the Cuts.
4. In late 1147 the Agency co .ducted a
co reheasiv'o review of this policy, On. 3 t4ay
168 the Director of Central intelligence re-
afti.r ed the pailcy a=id also approved a retire
Went rationale iti s?ippeart of this policy. I
believe it is ralovaat to our resent review
to attach that rationale. In It you will logs
the critical relationship between etzr retirement
policy and the proper functioning of this Agency..
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e. Early retirement in CIA has contributed
mightily to three objectives of Agency management.
The-most significant of these is that the large'
number of retirements aided greatly :in meeting
personnel reductions, and we were spared the
agony, strife, and attendant potential security
problems of initiating massive adverse separation
and termination actions. In addition, these
retirements assisted in keeping the Agency young
and creating headroom for promotions. For exam-
ple, for the five fiscal years 1970-1974, there
25X9 were retirements; the average age of retire-
ment re uced from 56.3.in FY 1970 to 53.3 fn FY
1974. In FY 1970, 54.6 percent of retirees were
under age 60; in FY 1974, 87.8 percent were under
age 60. There is little question that the retire--
ment policy has served the Agency well.-
f. Enactment of the Fair Labor Standards
Amendments of 1974, which included a prohibition
against age discrimination,-forced us to revise
our "mandatory" retirement policy for employees
covered by the CSRS from one requiring retirement
at age 60 to age 65.. This change has caused deep
apprehension that the many advantages of the earlier
age 60 policy would be diluted. or- even lost and,.-..-._-
as a result, serious personnel management problems,..
would ensue. Despite this change, we continue-to.. -
hope that employees will view early retirement favorably, thus minimizing.the-effect: of the change.
2. I have included the above summary of our long-
standing policy in order to establish that the retirement
of Agency employees historically has been a matter of deep
and continuing concern to Agency management. This policy,
which deviated dramatically from that generally found else-
where and more specifically from that provided by the Civil
Service Retirement System, has been a key facet of the
Agency's personnel management system. With this background
on our overall retirement policy, I wish now to establish
that CIARDS -- which was obtained for a unique-category
and limited number of employees -- has become an even more
integrated part of our personnel operations.
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a. In i96 the ao aso Armod Sorvices Cn 1tto'e
e rassed Its ire for th* .Ageac-r to have
retireeent systen that ?' SId stand on iLts tnrn
two feet." in 1,964 C PDS was +anacted to loll
to provido retire;-ont for certain employes of
CIA whose duties were clearly distinguishablo
from normal gover. o tt a p1o ent, In UM,
just as tho Agency was i sta 1A t ho now otio
not systom within CIA, a White House C01net
covmittee vets appointed to examine' all pederal
rot-irement s 'ste i3>s. That Coviz ttee devoted so-me
of its tlza to considering the ierga r of other
rattrozont systa ns with the Civil Service System.,
which, In Its view; Mould contributo to better
and ore econpnicaj adainistrat1on, :n i p.
across*the-board consistcnc and better coon*
dinatioa with other fringe beAofits. While all
that seems to constitute a laudable ;oat z, the
co imitteo ;? A.H. however, recognize that the
anageaent contexts In which retir+ tent systems
a rate differ. Reuclo, the Committee 4c". ledged
1~0 vastly different organizational eo*plexio
of the ilita r services and the Fokeign Sarvico
and concluded that.,
_" (`$Ii ry SQ ice s k etlt"e t)
_._
and R (Vora1ga Zorvice ketiremont) are
m ageeent oriented to a Ereator dakrea
Both are closely coordinated with V'e. r
respective personnel systems to faciiitste
the retention and promotion of the :ost
able and to ssparato or retire the least
able as well as those no to per able to
fully meet requireaents of the service.
The c:loso coordination between these
retirement sytte i~.s and theft' respective
personnel sy`ste s Is a basic reason for
their cc .tined saparato existence?"
"fe bel.leve that the CIARDS Is even more unique
among Federal retire at cyst ._.s, not only Lnsefar
as it has tecooo an organic part of our organization,
t also in th t-? -goo part of it's Methodology falls
within the purviex of, ihtip Director* -s; s t'++tutory ys i/espe si-
bility for protecting intelligence sa Ura_e s Qn4 jVet h$ds.-
i. will. -explain - these two aspects;
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C.j~ sc al.r i h~
C1A U i. net 5 tas t an ord i ar r .
.y R ti to 7F?
r'vtic;Aea4~ ?y L tt?;~:1'r ha-ppastsr 1i
sopAxate r Civil ?a ryic6. It Is
iqu.?1y tied Into the whole A gouty
.
statutory cr.itzria for' part fc.i-.tir;n
in. CIA D.4 is the t rf of duties
that Are "+ 1' a-r1y .i tqi.xs i.sh hle iron
Yi
go tC e-ra ent to 3 +.~. 7.ya3' vim- .. ? ~* A l.Si Y
MS j 3 1
gent Board, eor}sistitg of sezi ar A., eacy
o . pl ryeds # ra t ie"Us all requests tor
adnissi a. to C1A DS is ensure t1 a; be
6tatutory and regulatory roquise 0 is
over inj q alifyin service and. ether
eligibility requirea-ants are rt t; y
add ered to. Thh Beard reviews the
em.ployyeat re r e ParticipZats In
CT.M U S at certain : Lttryals to ons't rg
coatltued eligibility to renain it CURDS.
This activity is ceud%ct d throughout
the Agency Ate rozultz i44 employees
being dropped from ClA D or taken into
it* iiSid y trol is aa-intai ed by the
Board n Ad zs :averient of the typo of
service whicn Tsli i to easur
co pli ee with the spirit and l: t :mt
of the I- am, This typo of activity, is
closely 14terttiied with and, requires
th* participation of Agoncy net
and the m"y C*r or Se icos or Career
service Sub-Croups into which CIA. OTSOAAei are divided. Since the
special retir eXt hea fits of CIARDES
were sought. aad -btained for app"xt-
atoll a third of A-envy personne1o
the bats ce to he everod by the
civil Service etirc-m,t System --
the control, reVi.e , mind desig at1o
fu actions currently beims performed
touid live to be xnaintaimcd even With
a merger with 049 Civil Service .eti.r$-
me t tys tem. l: oar via-w, r er teoui4
not only co pc nd t Ae a4r iuistratire
Complexity e? this activity, but Would
r-ste it *o o expensi'e to perforn.
Needless to say., le,gi.slatitaz would be
required to achieve this Separate ftnc-
.tide even though to Systeos are reerged,
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d would be likely to son-orate ext nslva
di c.:assi. n and s obata as to the ratio to
for t o p rop se. Iizeation of ros; oa si-
) Th4v CIARDS Is also zuch or
o
ma egoma t-directed than Is the Civil
Scr ices -= at ai ~ future that
ade:i Ulxigtcnssr The Carer Sice
c Ae~; t Siv -s s a aScieat' a. larZo role
ovtr th* c&,reers, Q i 4vaa evor O e
lives, of -the participants. %rect ;d
assl t oats are #ot !3*#.C-3 on, To staff
our Station in Vietnam during its p4=aa :
years, for exsi pie, required or4 xitg
officers to duty there against their
parse: a1 preforonces. The bb-c tive
of qualifying for CIA MS as a oaflt
of s ugh service t#riafl aasiste4
our staffin; of this and other overseas
a eas.. Actual retire ai is beiew t:e
u .D datcry rotiremeit 640 in CIA&S are
also a function Of n geaeat. . ,ike
the Civil service Netiroito t SysA1Dtta.
voluntary rOM-Mra fits under CIS are
permitted only with t t.0 approval of the
Director;. aad the Director can retire
involuntarily e.rky participant with t.
least 2S years of service or one vho is
age SO with 20 Years of service. CIAADS.
Is,, thy, Wore of a PaRage= a t tool t a
is the Civil Servke iotir out System;
a It Is a tool that is int a ,ra tel. into
the fre ework of Aseucy age nt
practices.
(S) Mr. Ash's su-gg stioa to r-ers,-,e
cuARD with the Civil Servics etin eut
Systcz further raises a concern beyond
ret treze nt . Pore I referriig to the
Director's statutory, reap sIbiiity to ----
Protect itteiligonce sources and miothaes;
and : y of our activities to CIA rD in-
voivo netho s vhlch ye feet compelljad to
keep cl.as.sifi?dg under control and own
to as few persons as possible.
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t think it is safe to say that because .- .
*
of our statutory resposibilities1 the Ae'1-.C
must *=ploy and utilize i:divit-=is L-a ' ra
variety of ways not found elsewhere In the
Federal ,ovornnent. la the main, those are
those "certaln cmplo`f* esf' referred to in
the title of the CIARDS Act who are
if
duties that-are so s{xftlied
because of security requireaents as to be
clearly distinguishable from
~suorm ai C yera-
x ent employaaeat . a .," oina of the sityat 6o
criteria for adissioa to CIAO. Often
these employees are under cover is various
other organi%atioass, some are servi4tg in
"non-officials capacities. In most cases,
participation in CIARDS is based on.~.,iervice.
f ver.scas. All those Various types of
employment situations and service involve
classified information and sensitive
..ethods 'which must be protected not only
4 ring empioya e t but even after retire-
meat. Merrier with the Civil Sorvice-
et.iroeat Systen would rewire the Clvii
Service Commission to develop and maintain
specin3 security procedures; to install
a .ocessaery eq aippont, *al.* safes; to clear
e groups of eaatpioyees in
and Instruct l=ar
g
the proper har~dl. ug and custody of these :_-.
classified uses. "were is also the
roblea of the retiree who may not,
arcause of security reasons, receive
his annuity in the form of a U. S. check,
We believe the Director, Bureau of Retire-
eat, Insurance and Dodos atioual 1o.a~lth
would. have to overcome serious prob.le
in order to acco dato the sec-4ri ty and
other requirements of our retirenent sy$tem.
b. 3er, ;er, therefore, would regain replacement
of tested procedures, controls and mechisns under
my a -atroi. Substitutes -- even if acceptable ones
could be developed, and I doubt that they could -- ,
would not be under ny control. The result would
impairay~ statutory responsibility. The CIAffS
System, interwoven into a larger context of Agency
nagenent and highly classified methods, administers
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such patters routinely and with great end secure
efficioncy.. Participants retired -under" Such cir+
can stare $ are CI.A*s responsibility to a~ .mister,
not only until they die, but until all their sur-
vivors eligible for retir i ent benefits are dead
t,
5. The Cabinet C ittee on atfre At ad ,owledged
that the Foreign servica and the 1.1ilitary Retirement Systems
could be excluded from a scheme For xerser because those
totlrezont systems were core zanagewwnt?oriented. We think
that this conclusion is sound in that it did not view all
independent retire apt syetc s izoreiy as 8ro;ips of lesser
numbers of employees ; it wisel accorded sppirapriate weight
to the peculiar c.::.racterlstits or the quality of the
philosophy and the prof essi? nalism of the cadres which
made up these independent syste. vo have discussed
above, CIPRDS is at least t h* Moat Of VSR And R is
those respects and that, in additions the CIAR1Z has
unique peculiarities, due to the clandestine eo plexlons
of many Agency tare. rs, that fall under the Director's
statutory responsibility.
4.- Nov let l address the subject of the Eorale of
our CIAR participants as it aauId be affected by merger - .
with the Civil Service 5ysteM. TO I =P these participants
-
into the Civil Service Systois now,. after tea years. of ad-
ninisterlA, a separate retirement system which teconi1e4
the- pecul-farritios of Agency employe-ant would, is our
Judgment, diminish the effectiveness Of an asset that
our Goverment aad this A&ency need today. perhaps I
can underscore this by gnotita fro= a statement Made by
a icier Director? John A. McCone s to Congress on
10 Decetebor 1962. Testifying an behalf of the CIAPS
galls be saids "I consider the enactment of the pro-
posed Bill (and this was for a separate systeM.) essential
to the effective porformance of our aissian..u fore
currently, our Deputy Director for operations, whose
Career Service includes the larScst number of C1A5
participants and retirees, statest "The-effect of tars
cove (the verger) on rorale dithhin the 1)DO would be
disastrous and, taken with other difficulties, would,
in my opinion, seriously degrade the calibre of the
people we could hire and/or retain in the Operations
Directorato." I fully support-his position.
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CIARD 3: which are app roved for the CCR3,_. l:y_ ad i.x~Istrs _
tive means (without hyp ..ssiog the l-c-gislety"Pre) - Wo: id ot:v1ato
the recurring recourse to the legislative process for the
attainment of beaofits 4ocroed for most govern nt a ploy es.
O_fupdati.ag?I. R , we believe that the proposal, ice- off==-= :.
.~ r_t. .. w...... .c.~..t. wa ~r at.xa qt y T~ -
e__ is 3.
the Advsatages accrz.Ug to (,IA .O3 from- T-;112 po3al Mar
the disadvantage. With vdspoet to the difficulty
s
arbuo P.
nv rolatively sn: 11 Haber of persons.
s a progra_zt a= a -4terod In a fashion
or by othoos unique to the U S. Cover ett. This ;aniq: e-
uasss which was recognized by the Congress In approving
C1s S as a separate and special. rctireAont syston, ofton
iravelves cases covered by the iracter's responsibility
to protect sources and mothods.
6. Mr. Ash's letter state. that the difficulty i rhe~ront
in providing for the unfunded li.sbiiity arg~: es for rkerger.
Aft*; reviewing various alternativ4s to rosolve our funding
pro bleu. the Agency's 1 aaageX cAt C*satitt-ee roce or-dod - that
we propose , n .ctmei.t of funding lei islatien parallel to
that previously enacted for the Civil Service and the
i~oreign Service Systems. ire think that there are impor-
tant advantages to this propoasll statitory pre dent
exists and the principal ; artiou of the a . itiornal funding
mould to exeipt from. the a-ppropriatioa process. The anount
to be paid rote CI.ARf$ wo ld be roflacted as a line item
jr, t4a V. S. Dudgot, but this lino itea woacld reveal little. .
or nothln$ about Agency size or hudgot and we . believe that --
S.. I submit at this point that the unique aspects
of C1 3 and of the employ es it covers, as Well as Its
relationship to our overall porsowael nanagerent system,
co tir atio as a -so; crate sy sty. CIS RDS
.c. it
I:: shn,~%ary, we believe that merger of CIAIxD$ with the Civil
Soriice ietIreze4t System would deprive the CIA of a i Portent
K=anago ert tool, iouid resift in reatet !d: iniLstrstIvo expense,
V. uld create acute adfBi.r*istrative and ss :rlty difflc -itios, and
would seriously affect the torale of those Age scy eminloyees-for
whoa CIARU S was enacted. ?aactx ent of our prop 6ssd_legislative
proZram would solve the diffic ltits of I u ads ;; and updating of
benefits without Jeopardizing our preset CIPIDS Syste- and its
icportait coutributton,to our person