SUMMARY OF "A BILL TO AMEND TITLE 5, UNITED STATES CODE, TO ESTABLISH AN OPTIONAL EARLY RETIREMENT PROGRAM FOR FEDERAL GOVERNMENT EMPLOYEES, AND FOR OTHER PURPOSES"

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP92M00732R001000040030-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 23, 2016
• Document Release Date: April 15, 2014
• Sequence Number: 30
• Publication Date: March 16, 1989
• Content Type: MEMO

Declassified in Part - Sanitized Copy Approved for Release 2014/04/21 : CIA-RDP92M00732R001000040030-0
MEMORANDUM FOR:
OGC-89-50583
16 March 1989
Office of Congressional Affairs
THROUGH: Chief, Administrative Law Division, OGC
FROM:
SUBJECT:
Senior Assistant General Counsel for
Personnel Law
Summary of "A Bill to Amend Title 5,
United States Code, to Establish an Optional
Early Retirement Program for Federal Government
Employees, and for Other Purposes"
1. You asked us to review a copy of the proposed "Federal
Employees' Optional Early Retirement Act" to determine whether
its enactment would adversely affect Agency equities. You also
asked whether we would like you to monitor its progress.
2. Insofar as we have been provided only a copy of the
summary of the subject bill, rather than a copy of the bill
itself, we are unable to comment definitively on its
provisions. Based on the summary, we suspect that the Office
of Personnel and senior Agency management might have concerns
regarding the possible loss of experienced employees under the
bill, if enacted. The provision authorizing the President to
exclude only up to 25% of an agency's otherwise eligible early
retirees from taking an "early out", and the general
prohibition against replacing early retirees for 5 years
(albeit waivable by the President with respect to occupations
critical to an agency's missions), would make it difficult to
avoid the loss of seasoned personnel. A legislative amendment
would be necessary to exempt Agency employees under CSRS and
FERS from the coverage of the bill.
3. It would appear from the descriptive title of the
legislation that it would not apply directly to CIARDS; we note
that some of the age-and-service combinations for which early
retirement would be permitted under the bill are already
available to CIARDS participants. Even if management wanted
all of the bill's early retirement rules to be implemented for
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STAT
STAT
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t.,
11?P
CIARDS, it is uncertain whether an Executive Order under
section 292 of the CIARDS statute could be issued to apply
those rules to CIARDS, because it is not clear that there is
existing conformity between the Civil Service Retirement System
and CIARDS in this area. Accordingly, should we be mistaken in
our assessment of management's likely position on this bill,
and should management wish to have CIARDS be covered as well,
then the Agency would need to seek a legislative amendment to
that effect, or at a minimum, a clear record in the legislative
history that section 292 could be used in that way.
4. Please let us know if this bill shows any real signs of
life in this Congress. OP would also be interested if the bill
starts to move.
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