(Sanitized). CIA RETIREMENT AND DISABILITY SYSTEM

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP82-00357R000700110009-8
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 46
• Document Creation Date: November 16, 2016
• Document Release Date: January 4, 2000
• Sequence Number: 9
• Content Type: REGULATION

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CIA RETIREMENT AND DISABILITY SYSTEM
a. GENERAL. This regulation prescribes policies and rules governing
the administration of the Central Intelligence Agency Retirement
and Disability System, referred to hereafter as the System, author-
ized by the Central Intelligence Agency Retirement Act of 196+ for
Certain Employees, as amended, referred to hereafter as the Act.
Only those employees who are designated as participants in accordance
with the provisions of this regulation will be covered by the System.
b. DEFINITIONS. As used in this regulation, the term
(1) "Agency" means the Central Intelligence Agency as established
effective 18 September 1947 by the National Security Act of
1947;
(2) "Agency service" means creditable service performed as an
employee of the Agency;
(3) "annuitants,' means participants whc are r-aceiving annuities from
the Fund and all persons, including surviving wives and husbands,
widows, widowers, children, and beneficiaries of participants
or annuitants who will become entitled to receive annuities in
accordance with the provisions of this regulation;
(4) "career" means the predominant and long-range orientation of an
employee's Agency service, past and present, as well as plans
for his future development and use;
(5) "child," for the purpose of annuity benefits, means an unmarried
child (including (a) an adopted child, and (b) a stepchild or
recognized natural child who lives with the participant in a
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regular parent-child relationship) under the age of eighteen
years, or such unmarried child regardless of age who because
of physical or mental disability incurred before age eighteen
is incapable of self-support, or such unmarried child between
eighteen and twenty-two years of age who is a student regularly
pursuing a full-time course of study or training in residence
in a high school, trade school, technical or vocational insti-
tute, junior college, college, university, or comparable recog-
nized educational institution. A child whose twenty-second
birthday occurs prior to July 1 or after August 31 of any calendar
year, and while he is regularly pursuing such a course of study
or training, will be deemed to have attained the age of twenty-
two on the first day of July following such birthday. A child
who is a student will not be deemed to have ceased to be a
student during any interim between school years if the interim
does not exceed five months and if he shotrs to the satisfaction
of the Director of Personnel that he has a bona fide intention
of continuing to pursue a course of study or training in the same
or different school during the school semester (or other period
into which the school year is divided) immediately following the
interim;
(6) "Director" means the Director of Central Intelligence;
(7) 'temployee " means a civilian officer or employee of the Agency;
(8) "Fund" means the Central Intelligence Agency Retirement and
Disability Fund;
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(9) "participant" means an employee who has been designated in
accordance with the provisions of this regulation to be covered
under the System.
(10) "service credit" means federal civilian or military service which
is creditable toward retirement under the System. Insofar as
practicable, pertinent rulings of the Civil Service Commission
under the Civil Service Retirement Act will be used as a guide
to determinations regarding the creditability of any military
service and of civilian service performed prior to designation
as a participant;
(11) "Qualifying Service" means performanre of duty as an Agency
employee:
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(d) which, when retirement is imminent, is adjudged to have
been so sensitive and/or so highly specialized because
of the unique security requirements of the Agency as to
militate against new employment for which he is otherwise
qualified.
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(12) "widowt? or "widower" means the surviving spouse of a parti-
cipant who was married to such participant for at least two
years immediately preceding the participant's death or is
the parent of issue by marriage to the participant;
(13) "adverse determination" means any determination involving an
action other than one for which an employee, participant, or
annuitant has applied.
c. AUTHORITIES AND RESPONSIBILITIES
(1) DIRECTOR OF PERSONNEL. The Director of Personnel will be
responsible for the general administration of the System in
accordance with the provisions of this regulation. There are
hereby delegated to the Director of Personnel all authorities as
are necessary for the administration of the System except those
which are specifically reserved to the Director in this regulation.
(2) CIA RETIREMENT BOARD
(a) The CIA Retirement Board will U 'nt_ advice the
Director of Personnel in the administration of the System.
Additional responsibilities of the Board in connection with
administering Agency policies under the Civil Service
Retirement System are stated in The Board 25X1A
is composed of senior officials in appropriate .numbers
from the several directorates recommended by the respective
Deputy Directors. The Director appoints the chairman and
members of the Board. Advisers from appropriate technical
staffs are available to the Board.
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(b) The Director of Personnel will normally obtain the advice
of the Board before making determinations as to the
eligibility of employees to participate in the System,
before acting upon applications for disability or voluntary
retirement, or before making recommendations to the Director
for involuntary retirement. He may also refer to the Board
any other matter pertaining to the administration of the
System. In addition, he will obtaili the advice and assist-
ance of the Board in matters pertaining to the administration
of the Civil Service Retirement System as prescribed in
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(3) DEPUTY DIRECTORS AND HEADS OF CAREER SERVICE. The Director of
Personnel will obtain the advice of the Deputy Director or the
Head of the Career Service having career jurisdiction over the
employee concerned before making determinations concerning the
designation of an employee as a participant, before acting upon
applications for disability or voluntary retirement, or before
making recommendations for involuntary retirement or for dis-
ability retirement initiated by the Agency.
(4) DIRECTOR OF FINANCE. The Director of Finance will be responsible
for the administration of the Fund and is hereby delegated all
authorities as are necessary for the administration of the Fund
except those which are specifically reserved to the Director in
this regulation.
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d. DESIGNATION OF PARTICIPANTS
(1) DESIGNATION. In order to qualify for designation as a parti-
cipant, an employee must
(a) be a United States citizen and at least twenty-five years
of age but not have reached his sixtieth birthday;
(b) be serving on a career basis in a field which normally
requires the performance of qualifying service as an
integral part of a career in that field;
(c) have signed a written obligation to serve anywhere and
at any time according to the needs of the Agency;
(d) have successfully completed one of the following:
(1)
(2)
(3)
A minimum of five years of Agency service and at least
eighteen months of qualifying service. An employee
who has completed less than eighteen months of quali-
fying service may be designated a participant if he
is then serving in an assignment, or is under official
orders to serve in an assignment within ninety calendar
days, which will satisfy the qualifying service require-
ment by the time the assignment is completed. An
employee may not be des rnafc1 partic;-oant unless
he has sufficient time prior to completion of 10 years
of Agency service within which he could complete a
minimum of 36 months of qualifying service.
A minimum of ten years of Agency service and at least
thirty-six months of qualifying service. An employee
may be designated a participant if he is then serving
in an assignment, or is under official orders to serve
in an assignment within ninety calendar days, which will
satisfy the qualifying service requirement by the time
the assignment is completed. An employee may not be
designated a participant unless he has sufficient time
prior to completion of 15 years of Agency service within
which he could complete a minimum of 60 months of
qualifying service.
A minimum of fifteen years of Agency service and at
least sixty months of qualifying service.
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(2) PERIODIC REVIEW AND REDETERMINATION OF DESIGNATION
(a) The eligibility of an employee to remain a participant in
the System will be reviewed at intervals to determine that
he is meeting the criteria and that he is performing
reasonable minimum periods of qualifying service. If such
review shows that the employee no longer qualifies for
coverage under the System, he will be transferred back to
the Civil Service Retirement System.
(b) The records of an employee designated as a participant
will be reviewed at the conclusion of the participant's
tenth year of Agency service to insure that he has thirty-
six months of qualifying service. If it is determined that
the requisite period of qualifying service has not been
performed, the employee's designation as a participant will
be rescinded unless he is then serving in an assignment,
or is under official orders to serve on such an. assignment
within ninety calendar days, which will satisfy the quali-
fying service requirement by the time the assignment is
completed.
(c) The records of an employee designated as a participant will
be reviewed prior to the conclusion of the participant's
fifteenth year of Agency service. In no case will a par-
ticipant with fewer than sixty months of qualifying service
remain under the System after completing fifteen years of
Agency service. Any participant who has completed fifteen
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years of Agency service and is adjudged by the Director
of Personnel to qualify for the System may elect to remain
a participant for the duration of his Agency employment,
and this election will not be subject to any review or
approval.
(d) A former participant may be considered for redesignation
provided he meets all of the criteria set forth in sub-
paragraph d(1).
e. NOTICE OF RECOMMENDATION OR DETERMINATION, RIGHT TO APPEAL, AND APPEAL
PROCEDURE
(1) OPPORTUNITY TO BE HEARD BY RETIREMEN"' BOARD.
Prior to recommending to the Director of Personnel an "adverse
determination" as defined at paragraph b.(13) or any other
recommendation which adversely affects the entitlements of
an employee, participant, or annuitant under the System, the
CIA Retirement Board will notify '.,L'.e ''-div?r',al a..J_ invite him
to submit within a specific period any additional pertinent
information for the Board's consideration. An employee, par-
ticipant or annuitant will have no fewer than ten, nor more
than thirty calendar days after receipt of the Board's notice
to submit this information. The Board may grant additional
time depending on the circumstances of the case and the location
of the individual. The employee may present this information
orally or in writing at the discretion of the Board. Such
information will be included in the report of the Board when
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the Board submits its recommendation to the Director of
Personnel.
(2) NOTICE OF DETERMINATION OR RECOMMENDATION BY THE DIRECTOR OF
PERSONNEL. If the Director of Personnel makes either a deter-
mination or a recommendation for a determination by the Director
which adversely affects the entitlements of an employee, parti-
cipant or annuitant under the System, he will notify the
individual in writing and inform him that he may appeal the
determination or recommendation to the Director as provided
for below.
(3) TIME PERIOD, FORM AND CONTENT OF APPPAL. An individual may
make an appeal in writing to the Director by addressing it to
him through the Director of Personnel. Such an appeal will be
submitted by the individual within ten calendar days after
receipt of the Director of Personnel's written notice. The
Director of Personnel may grant a('-1ii nr%^"! time dr-cending on
the circumstances of the case and the location of the individual.
An appeal must state the basis on which review is requested and
supply pertinent information to support such review.
(~+) INVESTIGATION BY THE INSPECTOR GENERAL. The Inspector General
will receive appeals made to the Director pursuant to this
regulation and will make an independent investigation and recom-
mendation to the Director. The Inspector General will not be
limited in his investigation to matters raised by or contained
in the appeal but will consider any information which he deems
pertinent and appropriate.
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(5) NOTICE OF DECISION. When the Director has made a determination
or has acted on an appeal which affects the rights or benefits
,of an employee, participant or annuitant under the System, he
will advise the individual and the Director of Personnel in
writing of his decision. All decisions made by the Director,
authorized by the provisions of the Act, will be deemed to be
final and conclusive and not subject to review by any court.
The Director of Personnel will institute'any action which may
be required to implement the decision.
(6) NOTICE OF EFFECTIVE DATE OF RETIREMENT. When the Director has
approved the voluntary or involuntary retirement of a parti-
cipant, the Director of Personnel will give the participant
written notice of the determination. Except in the case of a
disability retirement at the employee's request, such notice
will normally be given at least thirty calendar days in advance
of the date on which retirement will Decon.e effective. The
Director of Personnel may, with the concurrence of the Deputy
Director(s) concerned and the consent of the participant,
extend for a period of 60 days the effective date. Any other
extension in the effective date of mandatory retirement for
age will require the approval of the Director.
f. RETIREMENT FOR DISABILITY OR INCAPACITY
(1) ELIGIBILITY. A participant who becomes totally disabled or
incapacitated for useful and efficient service by reason of
disease, illness or injury not due to vicious habits, intem-
perance or willful misconduct on his part shall be retired.
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When the participant has made application, such retirement
will require the approval of the Director of Personnel who
will also determine whether the disability is permanent. When
disability retirement action is initiated by the Director of
Personnel on behalf of the participant, such retirement will
be only upon order of the Director who will also determine
whether the disability is permanent. In either of these cases,
the findings and recommendations of the Board of Medical Exam-
iners (see paragraph (1t) below) will. be considered.
(2) INITIATION OF RETIREMENT ACTION
(a) By the Participant: Any participant who believes he may
be eligible for retirement because of disability may apply
in writing to the Director of Personnel for such retire-
ment. The application must include a description of his
disability and a full explanation of the manner in which
it affects the performance of 'ii- 11-' Jes . Tii, applicant
must provide a statement from his private physician regarding
the disability.
(b) By the Director of Personnel: In the event a participant
appears to be totally disabled or incapacitated but fails
or is unable to make application for disability retirement,
the Director of Personnel will institute such action on
his behalf. In such case, the Director of Personnel will
obtain the advice of the Board of Medical Examiners, the
Deputy Director or the Head of the Career Service having
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career jurisdiction over the employee concerned, and the
CIA Retirement Board before making a recommendation to
the Director.
(c) Time for Filing: Retirement for disability or incapacity
(3)
may be approved only if the application is submitted before
the applicant is separated from the Agency or within one
year thereafter. This time limitation may be extended
by the Director of Personnel for an employee who at the
date of separation from the Agency or within one year
thereafter is mentally incompetent, if the application is
filed within one year from the date of restoration of the
employee to competency or the appointment of a fiduciary,
whichever is earlier.
SUPERVISOR'S STATEMENT. The supervisor responsible for pre-
paring the Fitness Report of a participant who applies for
disability retirement, or hose d- sab i :Li+y rc.tireT".ent is ini-
tiated by the Director of Personnel, will submit a statement
describing the apparent nature of the participant's disability
and explaining the manner in which it affects the performance
of his official duties. The usual or required duties of the
applicant should be outlined. On the basis of information
available to him, the supervisor will also indicate whether,
in his opinion, the participant appears to be totally disabled
or incapacitated for useful and efficient service in his career
field. He will also indicate whether the participant's dis-
ability or incapacity appears to be the result of his own vicious
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habits, intemperance or willful misconduct. If the supervisor
desires, he may transmit this statement directly to the Director
of Personnel in a sealed envelope marked with the participant's
name and the words "Disability Retirement - Privileged -
Private."
(4) MEDICAL EXAMINATION AND EVALUATION
(a) Board of Medical Examiners
(1) A Board of Medical Examiners will be responsible for
conducting medical examinations and for evaluating the
medical status of participants for whom an application
for disability retirement is under consideration and
for annuitants who have been retired for non-permanent
disability. The applicant for disability retirement
may request to appear before the Board or the Board
may require the applicant to appear before it.
(2) The Director of Medical ~Iera-ic'3, car him designee,
will. serve as Chairman of the Board of Medical Exam-
iners. The Director of Medical Services, or his
designee, will nominate two other members (and alter-
nates for each) to serve on the Board. Members and
alternates must be qualified physicians or surgeons.
At least one of these members and his alternate will
not be in active government service.
(3) The Chairman of the Board may designate qualified
physicians or surgeons to conduct medical examinations
of applicants for disability retirement or disability
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annuitants and to submit reports of such examinations
(5)
to the Board for its evaluation.
(b) Conduct of Examinations. Each participant considered for
disability retirement will be given a medical examination
by the Board or by a qualified physician or surgeon de-
signated by the Chairman of the Board.
(c) Report of Medical Examination. Based on the results of
the medical examination, the Chairman of the Board of Medi-
cal Examiners will make a written report to the Director
of Personnel giving the Board's recommendation as to
approval or disapproval of disability retirement of the
participant. The Chairman of the Board of Medical Examiners
will also furnish such other medical information as may be
required by the Director of Personnel or by the CIA Retire-
ment Board to act upon the application for disability
retirement.
COMPUTATION OF ANNUITY. A participant rei,ired on disability
will receive an annuity computed in accordance with the provisions
of this regulation. If he is under age sixty and has less than
twenty years of service credit toward his retirement under the
System at the time he is retired, his annuity will be computed
on the assumption that he has had twenty years of creditable
service, but the additional service credit that may accrue to a
participant under this provision will in nq case exceed the dif-
ference between his age at the time of retirement and age sixty.
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(6) EFFECTIVE DATE OF DISABILITY RETIREMENT. The effective date
of separation for disability retirement will be the date the
disability retirement was approved or the date pay status
terminated, whichever is later. The annuity will commence on
the day after salary ceases and the participant meets the
service and disability requirements.
(7) PERIODIC REVIEW AND EVALUATION OF DISABILITY RETIREMENT STATUS
(a) Unless his disability is permanent,-each annuitant retired
for disability or incapacity will be given an annual medi-
cal examination and his medical status evaluated by the
Board until he reaches mandatory retirement age. The
evaluation will include a finding as to whether the annuit ant
continues to be totally disabled or incapacitated for useful
and efficient service, and whether the disability is per-
manent. This report will be submitted to the Director of
Personnel who will determine whether the annuitant continues
to be totally disabled or incapacitated for useful and
efficient service.
(b) Whenever an annuitant's disability is determined to be
permanent, he will not again be given a medical examination
unless the Director of Personnel, with the advice of the
Board, determines an examination is warranted.
(c) When a non-permanent disability annuitant fails to submit
to a required examination, payment of his annuity will be
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suspended until continuance of the disability is estab-
lished to the satisfaction of the Director of Personnel.
(d) A disability annuitant will certify the amount of his
income from wages and self-employment for a calendar
year by 1 May of the next year. Certification may consist
of a letter signed by the annuitant (or if incapacitated,
by his legal representative) which states the amount of
his income from wages and self-employment. The Director
of Personnel may extend the date for filing the certifica-
tion if he determines that the circumstances of the case
warrant an extension. When a disability annuitant refuses
or fails to certify to the Director of Personnel the amount
of his income from wages and self-employment for any calen-
dar year, payment of his annuity will be suspended until
he does so certify. No certification will be required for
any calendar year prior to 1072.
(8) ALLOWABLE EXPENSES FOR MEDICAL EXAMTNATIO'1'11. Reasonable and
necessary travel, subsistence, and related expenses and medical
fees may be incurred in connection with required medical exam-
inations and evaluations and will be paid from the Fund.
(9} RECOVERY FROM DISABILITY
(a) Termination of Annuity
(1) If the Director of Personnel determines on advice of
the Board that an annuitant has recovered to the extent
that he can return to duty, payment of the annuity will
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continue until a date six months after the date of
the examination showing recovery or until the date
of reemployment by any Government agency, whichever
is earlier.
(2) The annuity of a disability annuitant whose age and
service would not have subjected him to mandatory
retirement will be terminated if he is restored to
a comparable earning capacity. Restoration to "com-
parable earning capacity" will be achieved if for two
successive calendar years the annuitant receives income
from wages and self-employment of at least eighty per
cent of the current rate of pay of the position occupied
immediately before retirement. Terminations of an-
nuities under this subparagraph will be effective upon
expiration of one year from the end of the calendar
year in which earning capacity i.s restored, or upon
reemployment by the government, whichever is earlier.
The provisions of this paragraph will apply to all
individuals receiving a disability annuity on the date
this regulation is approved and to all individuals who
may be awarded a disability annuity after the date of
approval of this regulation.
(b) Reemployment: A recovered disability annuitant may apply for
reemployment in the Agency within one year from the date of
his recovery as determined by the Director of Personnel.
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(1)
(2)
Upon application, the Director of Personnel may
reinstate a recovered disability annuitant in the
grade in which he was serving at time of retirement,
or he may, by taking into consideration the annuitant's
age, qualifications, experience and present grade
of his contemporaries in the Agency, appoint him to
a grade higher than the one in which he. was serving
prior to retirement.
If an annuitant is found to be recovered or restored
to earning capacity and is not reemployed by the
Government, he is considered, except for service
credit purposes, as involuntarily separated from the
service, as of the date his annuity was discontinued
and his retirement rights are based on the law in
effect on the date of discontinuance. He is entitled
to involuntary retirement (uara;rap'z j) or deferred
annuity (paragraph i (l) (b)) as applicable in his
particular case. He may also become eligible for
reinstatement of his disability annuity under con-
ditions outlined below in subparagraph 10.
(10) REINSTATEMENT OF DISABILITY ANNUITY. If, based on a current
medical examination, the Director of Personnel determines that
a recovered annuitant has, before reaching age sixty-two, again
become totally disabled due to recurrence of the disability for
which he was originally retired, his discontinued disability
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annuity (same type and rate) is reinstated from the date of
such medical examination. If a restored-to-earning-capacity
annuitant has not medically recovered from the disability for
which retired and establishes to the Director of Personnel's
satisfaction that his income from wages and self-employment
in any calendar year before reaching age sixty-two was less
than eighty per cent of the pay rate attaching to the position
from which he retired, his discontinued disability annuity
(same type and rate) is reinstated from the first of the next
following year. If he has been allowed an involuntary re-
tirement annuity in the meantime, his reinstated disability
annuity is substituted for it unless he elects to retain the
former benefit.
(1:1) FEDERAL EMPLOYEES' COMPENSATION ACT BENEFITS
(a) No participant will be entitled to receive an annuity
under the Act and compensation for injury or disability
to himself under the Federal Employees' Compensation Act
of September 7, 1916, as amended (5 U.S.C. 751 et seq.),
referred to hereafter as the FECA, covering the same period
of time. Neither this provision nor any provision of the
FECA will be so construed as to deny the right of any
participant to receive an annuity under the System by
reason of his own services and to receive concurrently
any payment under the FECA by reason of the death of any
other person.
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(b) The right of a person entitled to an annuity under the
System will not be affected because the person has re-
ceived lump sum compensation under section 14 of the
FECA, except that where the annuity is payable for the
same disability for which the section 14 compensation
has been paid, so much of the compensation that has been
paid for any period beyond the date.the annuity became
effective, as determined by the Secretary of Labor, will
be refunded to the Department of Labor, and paid into the
Federal Employees' Compensation Fund. Before a participant
can receive the annuity he will
(1) refund to the Department of Labor the amount repre-
senting the payments for such extended period; or
(2) authorize the deduction of such amount from his
annuity, which will be transmitted to the Department
of Labor for reimbursement to the Federal Employees'
Compensation Fund. Deductions from an annuity may
be made from accrued and accruing payments, or may
be prorated against and paid from accruing payments
in such manner as the Secretary of Labor will deter-
mine, whenever he finds that the financial circum-
stances of the annuitant are such as to warrant such
deferred refunding.
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g. DEATH IN SERVICE
(1) DISPOSITION OF CONTRIBUTIONS WHEN NO ANNUITY IS PAYABLE. If
a participant dies and no claim for annuity is payable under
the System, his contributions to the Fund with interest at
the rate prescribed in subparagraph m(1)(d) will be paid in
accordance with the provision for refund of contributions in
order of precedence prescribed in subparagraph m(2).
(2) BENEFIT TO SURVIVING WIDOW OR WIDOWER. If a participant dies
before separation or retirement from the Agency and is survived
by a widow or widower, such widow or widower will be entitled
to an annuity equal to fifty-five per cent of the annuity com-
puted in accordance with the provisions of subparagraph o(l)(a).
The computation of the participant's annuity under this section
will be at least the smaller of (a) forty per centum of the
participant's average basic salary, or (b) the sum obtained
under such section after increasi.r-i~ the Dirticipant's service
of the type last performed by the difference between his age
at the time of death and age sixty. The annuity of the widow
or widower will commence on the day following death of the
participant and will terminate upon death or upon remarriage
prior to attaining age sixty of the widow or widower.
(3) BENEFIT TO SURVIVING CHILD OR CHILDREN. If a participant dies
before retirement or separation from the Agency and is survived
by a child or children, each surviving child will be entitled
to an annuity computed in accordance with the applicable
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provisions of subparagraph o(3), depending upon whether the
participant was also survived by a wife or husband.
h. VOLUNTARY RETIREMENT. Any participant who is at least fifty years
of age and has twenty years of service credit may on his own appli-
cation and with the consent of the Director be retired from the
Agency and receive benefits in accordance with the provisions of
this regulation provided he has not less than ten years of Agency
service of which at least sixty months will have been qualifying
service.
(1) SUBMISSION OF REQUEST. Any participant wishing to retire under
this provision will submit his requesu to the Director of Per-
sonnel not less than six calendar months prior to his desired
retirement date.
(2) EFFECTIVE DATE. The effective date of the voluntary retirement
of a participant for the purpose of computing his annuity rate
will be the date of his separation ~...t-ic- '.gency . His annuity
will commence on the day after separation.
i. DEFERRED ANNUITY.
(1) ELECTION OF REFUND OF CONTRIBUTIONS OR DEFERRED ANNUITY. Any
participant who separates from the Agency may upon separation
or at any time prior to becoming eligible for annuity elect
either
(a) to have his contributions to the Fund returned to him in
accordance with the provisions of this regulation; or
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(b) to leave his contributions in the Fund and receive a
deferred annuity, computed in accordance with the pro-
visions of this regulation, commencing at the age of
sixty-two years. This option is not available to a
participant whose separation is determined by the Direc-
tor to be based in whole or in part on the ground of
disloyalty to the United States.
(2) DEATH PRIOR TO RECEIPT OF DEFERRED ANN[JITY. If a participant
who has elected to receive a deferred annuity dies before
reaching age sixty-two, his contributions to the Fund, with
interest, will be paid to his benefiiary as prescribed in
subparagraph m(2).
j. INVOLUNTARY RETIREhENT.
(1) The Director may, at his discretion, place in a retired status
any participant who has completed at least twenty-five years
of service credit or who is at lcdo, w`e f'.` fuy anu has com-
pleted at least twenty years of service credit provided such
participant has not less than ten years of Agency service of
which at least sixty months will have been qualifying service.
Such participant will receive retirement benefits in accordance
with the provisions of this regulation.
(2) The recommendation to retire a participant under the provisions
of this paragraph will originate with the Head of his Career
Service who will provide a full statement of the reasons for
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PERSONNEL
(3)
such recommendation. However, in appropriate cases the
Director of Personnel will originate such recommendation.
No provision of this regulation will impair the authority
of the Director to terminate the employment of any partici-
pant pursuant to the authority contained in section 102(c)
of the National Security Act of 19)7, as amended.
k. MANDATORY RETIREMENT FOR AGE
(1) All participants will be automatically separated from the
Agency upon reaching the age of sixty. Such separation will
become effective during the pay period in which the parti-
cipant reaches age sixty. If the D_L ector determines it to
be in the public interest, he may extend the service of a
participant in GS grades 17 and below for a period not to
exceed five years and participants in GS grade 18 for a period
not to exceed ten years.
(2) Any request for an extension will L : its a.ro:,,dancc with the
procedures se4 forth 25X1A
1. Not used.
m. CONTRIBUTIONS TO TEE FUND
(1)
COMPULSORY CONTRIBUTIONS
(a) Amount of Contribution: Seven per cent of the basic
salary received by each participant will be contributed
to the Fund for the payment of annuities, cash benefits,
refunds, and allowances. An equal sum will also be con-
tributed from the respective appropriation or fund which
-2i+-
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PERSONNEL
is used for payment of the participant's salary. The
amounts deducted and withheld from basic salary together
with the amount contributed from the appropriation or
fund will be deposited by the Director of Finance to the
credit of the Fund. Each participant is deemed to con-
sent and agree to such deductions from his basic salary.
(b) Periods of Leave Without Pay and Military Service: Con-
tributions will not be made for any periods of leave
without pay, for periods of leave of absence during which
participant is performing active military or naval service
in the Army, Navy, Air Force, Marine Corps, or Coast Guard
of the United States, or for periods of such service prior
to becoming a participant.
(c) Refund of Compulsory Contributions: A refund of compulsory
contributions is payable under the following circumstances:
(1)
When a participant is
'r,m th, Agency with-
(2)
out becoming eligible for an immediate annuity or if
eligible for a deferred annuity at age sixty-two he
elects before reaching this age to have the refund
in lieu of such annuity.
When a retired participant's total compulsory contri-
butions, including any special contributions or de-
posits made to obtain credit for prior service, with
interest, exceed the total of annuities paid to him
or to an annuitant claiming through him, the excess
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PERSONNEL
will be paid in the order of precedence shown in
subparagraph m(2) below upon establishment of a
valid claim therefor, and such payment will be a bar
to recovery by any other person.
(d) Interest on Refund of Compulsory Contributions: Interest
on compulsory contributions refunded in accordance with
the provisions of this regulation will be computed at
four per cent per annum to 31 December 1947 and three per
cent per annum thereafter to 31 December 1956. Such in-
terest will be compounded annually and proportionately
for the period served during tht. year of separation. No
interest is payable after 31 December 1956.
(2) DESIGNATION OF BENEFICIARY FOR LUMP-SUM PAYMENT
(a) A designation of beneficiary is only for purposes of lump-
sum payment of refunds. If a participant elects to desig-
nate a beneficiary, he will designation in writing
to the Director of Personnel. The designation of a bene-
ficiary does not affect the right of any person who
qualifies to receive survivor annuity benefits which are
payable under the System.
(b) It is not necessary for a participant or former partici-
pant to designate a beneficiary unless he wishes to estab-
lish a different order of precedence for payment than that
established below.
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S-E-C-R-E-T
(c) If there is no designated beneficiary living, any lump-
sum benefit which becomes payable after the death of a
participant or a former participant will be payable in
the following order of precedence:
(1) To the surviving wife or husband of the participant.
(2) If there is no surviving wife or husband, to the
child or children of the participant and descendants
of such deceased children by representation, but
not to include stepchildren.
(3) If none of the above, to the parents of such parti-
cipant or the survivor of them.
(Li) If none of the above, to the duly appointed executor
or administrator of the estate of such participant.
(5) If none of the above, to other next of kin of such
participant as may be determined by the Director of
Personnel to be legally ent,i t:Vd thereto. However,
no payment will be made in such case until after the
expiration of thirty days from the death of the re-
tired participant or his surviving annuitant.
n. PERIOD OF SERVICE FOR ANNUITIES
(1) SERVICE AS A PARTICIPANT. The period of service of a partici-
pant will be computed from the date he is designated a parti-
cipant in the System. However, all periods of separation from
the Agency and any leaves of absence without pay exceeding six
months in the aggregate in any calendar year will be excluded,
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se 2000/4i
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PERSONNEL
except leaves of absence while receiving benefits under the
FECA and leaves of absence granted participants while per-
forming active and honorable service in the Army, Navy, Air
Force, Marine Corps, or Coast Guard of the United States.
(2) PRIOR SERVICE CREDIT
(a) General. A participant may, subject to the provisions of
(b)
this subparagraph, include in his period of service credit
(1) civilian service in the executive, judicial, legis-
lative branches of the Federal Government and in the
District of Columbia government, prior to becoming
a participant; and
(2) active and honorable military or naval service in
the Army, Navy, Air Force, Marine Corps, or Coast
Guard of the United States, prior to the date of the
separation upon which title to annuity is based.
Credit for Prior Civilian Scr,-;-
(1)
Purchase of Service Credit: A participant may obtain
prior civilian service credit in accordance with
subparagraph n(2)(a)(1) by making a special contri-
bution to the Fund equal to the percentage of his
basic annual salary for each year of service for which
credit is sought specified with respect to such year
in the table relating to employees contained in
section 4(c) of the Civil Service Retirement Act
(as shown below), together with interest computed
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PERSONNEL
as provided. in. section 1(c) of such Act, as des-
cribed below.
Contribution Required for Purchase of Prior Service Credit
Percentage of
Basic Salary
Service Period
2
1/2
August 1, 1920 to June 30,
1926
3
1/2
July 1, 1926 to June 30,
1942
5
July 1, 19112 to June 30,
19+8
6
July 1, 1948 to October 31, 1956
6
1/2
November 1, 1956 to December 31, 1969
7
From January 1, 1970
(Interest on such contributions shall be computed from the midpoint
of each service period included in the computation to the date of
deposit or commencing date of annuity, whichever is earlier. The
interest shall be computed at the rate of four per cent per annum
to 31 December 1947 and three percent per annum thereafter, com-
pounded annually. No interest shall be Lnarged sor any period of
separation from the service which began before 1 October 1956.)
A participant may elect to purchase all or any part
of his prior civilian service. However, if he
elects to purchase only a portion of such prior
service, he will be required to purchase first the
most recent service immediately preceding his becoming
a participant. A participant may make the contribu-
tions required to obtain credit ?'or prior civilian
service by a lump-sum payment or, under such conditions
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PERS ONNEL
as may be determined in each instance by the Direc-
tor of Finance, by installments or payroll allot-
ments of not less than twenty-five dollars or
multiples thereof. Such installments or allotments
will be applied first to the latest service prior
to his becoming a participant. For the purpose of
survivor annuity, special contributions authorized
may also be made by the survivor of a participant.
(2) Transfer of Contributions:
(a) If an officer or employee under some other
Government retirement system becomes a par-
ticipant in the System by direct transfer,
the Government's contributions (including
interest accrued thereon computed at the rate
of three per centum a year compounded annually)
under such retirem'._,t -,