CREDITABLE MILITARY SERVICE FOR CIVIL SERVICE RETIREMENT

Document Type: 
Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP62-00631R000300110027-9
Release Decision: 
RIPPUB
Original Classification: 
K
Document Page Count: 
15
Document Creation Date: 
December 12, 2016
Document Release Date: 
April 29, 2002
Sequence Number: 
27
Case Number: 
Publication Date: 
March 25, 1957
Content Type: 
MF
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PDF icon CIA-RDP62-00631R000300110027-9.pdf977.43 KB
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6 Approved For Release 2002/06/25: CIA-RDP62-00631R000:300110027-9 OGC Has Reviewed MEMORANDUM FOR: Mr. Houston 3UBJECT : Creditable Military Service for Civil Service Retirement -) March 195( 1. I refer tol 'inquiry concerning para- L;raph II 2 of the Certificate of Membership in the U.S. Civil Service Retirement System (Attachmentl). I am advised that the Personnel Office has received numerous requests for clarification of this provision, which concerns the crediting of military ser- vice in the computation of annuity under the Civil Service Retire- ment System. 2. The doubts and misunderstandings about this--what periods of military service are or are not creditable--stem from the fact that the Certificate of Membership is designed to provide basic 3didance to employees, and is necessarily restricted by considera- tions of space and a need to use the language of the layman. 3. The basic statutory authority on the question of credit- able military service is P.L. 854 of the 84th Congress, Title IV, Sec. 3(b) (Attachment 2). 4. Under P.L. 654 persons receiving ordinary military retired pay do not receive credit for tne same service for Civil Service retirement purposes nor do persons whose military service has been credited for Social Security benefits. (Service after 31 December 1956 is creditable for Social Security benefits under P.L. obl of the 84th Congress, the pertinent provision of which is appended as Attachment 3). 5. The following classes of persons receiving military retire- ment pay .do receive credit for military service when their govern- ment service is computed for Civil Service retirement purposes: Those whose retired pay is awarded: (1) Under the provisions of Title III of P.L. 810 of the 60th Congress (pertaining to retirement from reserve components of the Armed Forces). Approved For Release 2002/06/25: CIA-RDP62-00631R000300110027-9 . Approved For Release 2002/06/25 : CIA-RDP62-00631R000300110027-9 (2) Because of a service-connected disability incurred in combat with an enemy. (3) Because of a service-connected disability caused by an instrumentality of war and incurred in line of duty. OGC:HRC:mpg:bb Distribution: Orig. & 1 - 1 - 1 - .1 ? - ? - Office of General Counsel Addressee w/attachments Subject Signer Chrono Legal Vital Approved For Release 2002/06/25 : CIA-RDP62-00631R000300110027-9 25X1A Approved For Release 2002/06/25 : CIA-RDP62-00631R000300110027-9 CERTIFICATE OF MEMBERSHIP IN THE UNITED STATES CIVIL SERVICE RETIREMENT SYSTR4 II. Credit for Service 2. Military Service. Periods of active and honorable service with the United States Armed Forces are creditable toward retirement if completed before final termination of your employment as a member of the Retirement System. . (Military service may not be creditable if you draw military retired pay, or if it was performed after December 1955 and social security benefits are payable. Attachment 1 Approved For Release 2002/06/25 : CIA-RDP62-00631R000300110027-9 Approved For Release 2002/06/25 : CIA-RDP62-00631R000300110027-9 F DERAL EXECUTIVE PAY ACT OF 1956 Public Law 654, 84th Congress TITLE IV - Civil Service Retirement Section 3(b). An employee or Member shall be allowed credit. for periods of military service prior to the date of the sepa- ration upon which title to annuity is based; however, if an employee or Member is awarded retired pay on account of mili- tary service, his military service shall not be included, unless such retired pay is awarded on account of a service-connected disability (1) incurred in combat with an enemy of the United States or (2) caused by an instrumentality of war and incurred in line of duty during an enlistment or employment as provided in Veterans Regulation Nubbered 1(a), part I, paragraph I, or is awarded under title III of Public Law 810, El4atieth Congress, except that for purposes of section 9(c) (1); Pa Member (A) shall be allowed credit only for periods of military service not exceed- ing five years, plus any military service performed by the Member upon leaving his office, for the purpose of performing such service, during any war or national emergency proclaimed by the President or declared by the Congress and prior to his final separation from service as Member and (8) may not receive credit for military service for which credit is allowed for the purposes of retired pay under any other provision of law. Noth- inE,t in this Act shall affect the right of an employee or a Member to retired pay, pension, or compensation in addition to the annuity herein provided. *Annuity computation Attachment 2 Approved For Release 2002/06/25 : CIA-RDP62-00631R000300110027-9 Approved For Release 2002/06/25 : CIA-RDP62-00631R000300110027-9 SERVICEMEN'S AND VETERANS' SURVIVOR BENEFITS ACT Public Law 861, 84th Congress TITLE IV - Old-Age and Survivors Insurance PART A - Provisions Relating to Title II of the Social Security Act Sec. 402. (a) Section 210 of the Social Security Act is amended by adding at the end thereof the following new subsections: "Service in the Uniformed Services "(m) (1) Except as provided in paragraph (4)0 the term 'employment' shall, notwithstanding the provisions of subsection (a) of this section, include service per- formed after December 1956 by an individual as a member of a uniformed service on active duty; but such term shall not include any such service which is performed while on leave without pay. Attachment 3 Approved For Release 2002/06/25 : CIA-RDP62-00631R000300110027-9 25X1A Approved For Release 2002/06/25 : CIA-RDP62-00631R000300110027-9 2 Military Service for rviee Aetirament I refer to I inquiry concerning pars- 2 of the Certificate of Membership in the U.S. Civil raiment tan (Attaahmamt1). I am advised that the ce has received numerous requests ter clarification aloe) viola concerns t1e. crediting of militery ser- tion of annuity under the Civil Service Retire sunderatandinsa about periods axe not e ditah1e--stea frca the fact Membership is designed to provide basic mod is necessarily restricted by nonsidere- to use the language of the laymen. The basic statutory authority on the question of credit- lltary service is Pa,. 0,4 of the 84th Cbegress, Title IV, b) (Attachment 2). .r ?.L. 3,4 persons receiving ordinary military roil,/ d pay do not receive credit for the same Gerrie, for Civil Service retirement Perposes nor do persons whose military servioe hes been credited far Social Security benefits. (Service after 31 Dsomber 1956 is creditable for Social Security benefits under P.L. ael of the 64th Congress, the pertineet provision of which is appended as Attachment 3). 5. The followingclasaca of persons receiving military retire meat pay do receive credit for military service when their sAvern sent serviee is compute& for Civil Service retirement purpodes: 'Mose vhoee retired pay is swarded4 Undmr the provisions of Title rn of IL. 810 Congress (pertainingto retirennst from Caw:lents of the Armed Foroes). Approved For Release 2002/06/25 : CIA-RDP62-00631R000300110027-9 Approved For Release 2002/06/25 : CIA-RDP62-00631R000300110027-9 (2) Become of e .crvLc-connete Usbi3.itr incurred is combat with en enemy. (3) Because of a service-connected disability used. by en 1aatrtentai.ity of war sizd incurred in line of duty. Office of General Counsel sbb Approved For Release 2002/06/25 : CIA-RDP62-00631R000300110027-9 Approved For Release 2002/06/25 : CIA-RDP62-00631R000300110027-9 CKSTIMATE OF ISMBERSIMP II THE UNITED SUNS Cl"fn SERVICE =MUM SYIPXII Credit fOr Service 2. JILlLtsr3r Service. Periods of active and honorable rvice with the lid-States Armed rarettil are creditable mini retirement if completed before final termination of your employment ae a member of the Retirement System. Military service may not be creditable if you dray military retired pay, or if it vas performed atter December 1956 and social security benefits are payable. Attachment I Approved For Release 2002/06/25 : CIA-RDP62-00631R000300110027-9 Approved For Release 2002/06/25 : CIA-RDP62-00631R000300110027-9 Nana =CV= PAY ACT 07 1956 Public Law 854, 84th Congress vil Service Retirement Section 3(b). An employee or Mitber thall be allowed credit tar periods of military service prior to the date of the sepa- ration upon which title to annuity is based; however, if an employee or Mother is awarded retired pay on account of mili- tary service, his military service *hall not be included, unleso such retired pay is awarded on account of a service-oonnected -disability (1) incurred in coMbat with an enemy of the United States or or (8) caused by an instrumentality of war and incurred in line of duty during an enlistment or employment as provided in Veterans Regulation RUMbered 1(a), pert X, piiitigraph I, or is awarded Under title III of Public UN 8101-1111gptieth Congress except that for purposes of section 9(c) (1)7a Miember (A) slaall be allowed credit only for periods_of military service not exceed.- ing five years, plus any military service performed by the *amber upon leaving his office, for the purpose of performing such service, during any var or national emergenay proclaimed by the President or declared, by the Congress and prior to hie final separation from service as Eleber and (B) may not receive credit for military service for which credit is allowed for the purposes of retired pay under any other provision of law. Noth- ing in this Act shall affect the right of an employee or a lisiaber to retired pay, pension, or compensation in addition to the annuity herein provided. *Annujty computation Attachment 2 Approved For Release 2002/06/25 : CIA-RDP62-00631R000300110027-9 Approved For Release 2002/06/25 : CIA-RDP62-00631R000300110027-9 SERVICAMEN'S AID VATIRARS' SURVIVOR BJEXPITS ACT Public Law 8810 ekth Congress O1d-400 #0,P4 tarTivOrs Ineuranoe PAW A - Provisions Relating to Title II of the Social Security Act (a) Section 210 of the Social ty Act amendelA by adding at the end thereof the following new enbsectionst "Service in the Uniformed Services () (1) accept an provided in paragreph (k)$ the loyment. shall, notwithstanding the provisions of subsection (a) of this section, include service per- formed after December 1956 by en individual as a member of a uniformed service on active duty; but such term shall not include any such service which is performed utile on leave without pay. Attachment 3 Approved For Release 2002/06/25 : CIA-RDP62-00631R000300110027-9 Approved For Release 2002/06/25 :C -RDP62-00631R00030011 027-9 (141 c 1 411/4/idk 111/ //e/ nitcd tates Zi1eScruice Raiment *pm While you are employed and are a member of this system, you, and the Government as your employer, each contribute to the Retirement Fund at the rate of 61/2% of your basic salary to provide valuable retirement and survivor benefits for yourself and your family. You are guaranteed a return from the Retirement Fund of an amount which is at least equal to your contributions. This return may be in the form of annuity payments or as a lump-sum refund to you or your survivors. It is important that you, as a member of this system, acquaint yourself with the facts in this certificate. Then place the certificate with your other important personal papers for safekeeping. Review it from time to time so that you will be thoroughly familiar with your retirement rights and with the protection your family will have in the event of your death. This certificate will be helpful in planning intelligently for your future and that of your family. I. Eligibility for Retirement 1. General Requirements.?There are two general requirements which retiring employees must meet. They are: (a) You must have at least 5 years of civilian service. (b) Unless you retire on account of total disability, you must have had at least 1 year of civilian service under the Retirement System within the 2-year period preceding the separation on which your retirement is based. 2. Immediate Retirement.?If you meet the general requirements and any combination of minimum age and service, as well as the special requirements (if any) shown in the following table, you may retire and be paid an immediate annuity. Minimum Age Minimum Service (Years) Special Requirements 62 5 None 60 30 None 55* 30 None any* age 25 Your separation must be involuntary without cause. 50* 20 Your separation must be involuntary without cause. any age 5 You must be totally disabled for service in the position you occupy. 70 15 Separation is compulsory. *Annuity is reduced if under age 60 (see item 111.4, Reduction for Retirement Before Age 60). 3. Deferred Retirement.?If you meet the general requirements and are separated from the Federal service for any reason before you are eligible for immediate retirement, you may be paid an annuity when you reach age 62, unless you give up your right to this annuity by applying for and being paid a refund of your retirement deduc- tions. (See IX. Refund of Contributions.) II. Credit for Service 1. Civilian Service.?All periods of service as an employee of the Federal Government or the District of Columbia Government are creditable toward retirement. 2. Military Service.?Periods of active and honorable service with the United States Armed Forces are creditable toward retirement if completed before final termination of your employment as a member of the Retirement System. (Military service may not be creditable if you draw military retired pay, or if it was performed after December 1956 and social security benefits are payable.) -1 3. Non-Deduction Service.--Retirement deductions are never made for military service. If you have military service you will be given free credit for it. Retirement deductions for civilian service began August 1, 1920. If you have service before that date, you will be given free credit for it. If you have civilian service since August 1, 1920, during which no retirement deductions were made, you will be given credit for it. However, unless you deposit in the Retirement Fund an amount to cover this service, your annuity will be reduced by 16% of the sum due as deposit. The amount due as depositk.,401weEfffirRgpegAsdec12662RM/25 --basic salary you received duringriEe period of non-ETuction service, plus interest. Percentage rates for deductions have been: 21/2% from August 1920 to June 1926; 31/2% from July 1926 to June 1942; 5% from July 1942 to June 1948; 6% from July 1948 to October 1956; and 61/2% thereafter. Interest is at 4% to December 31, 1947, and 3% thereafter, compounded annually. 4. Service for Which Deductions Were Refunded.--In computing the annuity payable to you or your survivor, no credit will be allowed for any service for which retirement deductions have been refunded to you unless you redeposit the amount of the refund, plus interest at 4% to December 31, 1947, and 3% thereafter, compounded annually. However, service covered by a refund which has not been redeposited is creditable in establishing eligibility for retirement benefits. 5. How To Make Deposit or Redeposit.?Application (on Stand- ard Form 2803) to make a deposit or redeposit, or both, must be made to the Civil Service Commission through your employing agency. After your application has been approved, payments may be made in installments of not less than $10. Your survivor may not make a deposit or redeposit or complete installment payments for you. III. Amount of Retirement Annuity 1. What Your Annuity Depends On.?The amount of your basic annuity will depend primarily upon your length of service and your "high-5" average salary. This is the highest salary obtainable by averaging your rates of basic salary in effect during any 5 consecutive years of service, with each rate weighted by the time it was in effect. Your basic annuity is limited to 80% of your "high-5- average salary. Your basic annuity must be reduced if you (a) retire before age 60, except for total disability, (b) have not made a deposit for non-deduction service, or (c) elect a survivor type annuity. 2. Basic Annuity Formula: (a) Take: 11/2% of the "high-5- average salary and multiply the result by 5 years of service; (b) Add: 13/4% of the "high-5" average salary multiplied by years of service between 5 and 10; (c) Add: 2% of the -high-5- average salary multiplied by all service over 10 years. Instead of using the 11/2%, 13/4%, and 2%, substitute 1% of the -high-5" average salary, plus $25, for any or all of these percentages if such a substitution will produce a higher annuity. (You can estimate your basic annuity from the Annuity Chart on the last page of this certificate.) 3. Minimum Disability Annuity.?If you retire for total disability you are guaranteed a minimum basic annuity which amounts to the lesser of: (a) 40% of your "high-5- average salary; or (b) the sum obtained by using the Basic- Annuity Formula after increasing your length of service by the time between the date of your separation for retirement and the date you reach age 60. This guaranteed minimum does not apply if you are already age 60 when you retire or if it is less than the basic annuity obtained by applying the Basic Annuity Formula. 4. Reduction for Retirement Before Age 60. --If you retire before age 60, except for total disability, your annuity is reduced by: (a) 142 of 1% for each full month (1% a year) you are under age 60 (but not under age s5 ) : PLUS-- ciA-KbFik?6tfeirefiyol3Ooli A year), if any, you are under age 55. Approved For Release ANNWT:)CICIRMIR2F00631R00030011002 ' APPLICABLETO EMPLOYEES SEPARATED AF TER SEPTEMBER 30,1956 LENGTH of SERVICE YEARS 10 - 12 13 - 16 ii Il-TI TI 1111-] 19 - 21 - 22- 23- - 24- 25- 28 27 28 _ 291 3 1 7 327 33- 347 35 36- - 37-4 38- - 39- - 4 0- ack;14. 0 NIV opoo ,h?00