
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 50USC2002]

 
                   TITLE 50--WAR AND NATIONAL DEFENSE
 
    CHAPTER 38--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
 
                        SUBCHAPTER I--DEFINITIONS
 
Sec. 2002. Definitions relating to participants and annuitants


(a) General definitions

    When used in subchapter II of this chapter:

                       (1) Former participant

        The term ``former participant'' means a person who--
            (A) while an employee of the Agency was a participant in the 
        system; and
            (B) separates from the Agency without entitlement to 
        immediate receipt of an annuity from the fund.

                       (2) Retired participant

        The term ``retired participant'' means a person who--
            (A) while an employee of the Agency was a participant in the 
        system; and
            (B) is entitled to receive an annuity from the fund based 
        upon such person's service as a participant.

                        (3) Surviving spouse

        (A) In general

            The term ``surviving spouse'' means the surviving wife or 
        husband of a participant or retired participant who (i) was 
        married to the participant or retired participant for at least 9 
        months immediately preceding the participant's or retired 
        participant's death, or (ii) who is the parent of a child born 
        of the marriage.

        (B) Treatment when participant dies less than 9 months after 
                marriage

            In a case in which the participant or retired participant 
        dies within the 9-month period beginning on the date of the 
        marriage, the requirement under subparagraph (A)(i) that a 
        marriage have a duration of at least 9 months immediately 
        preceding the death of the participant or retired participant 
        shall be treated as having been met if--
                (i) the death of the participant or retired participant 
            was accidental; or
                (ii) the surviving wife or husband had been previously 
            married to the participant or retired participant (and 
            subsequently divorced) and the aggregate time married is at 
            least 9 months.

                          (4) Former spouse

        The term ``former spouse'' means a former wife or husband of a 
    participant, former participant, or retired participant as follows:

        (A) Divorces on or before December 4, 1991

            In the case of a divorce that became final on or before 
        December 4, 1991, such term means a former wife or husband of a 
        participant, former participant, or retired participant who was 
        married to such participant for not less than 10 years during 
        periods of the participant's creditable service, at least 5 
        years of which were spent outside the United States by both such 
        participant and former wife or husband during the participant's 
        service as an employee of the Agency.

        (B) Divorces after December 4, 1991

            In the case of a divorce that becomes final after December 
        4, 1991, such term means a former wife or husband of a 
        participant, former participant, or retired participant who was 
        married to such participant for not less than 10 years during 
        periods of the participant's creditable service, at least 5 
        years of which were spent by the participant during the 
        participant's service as an employee of the Agency (i) outside 
        the United States, or (ii) otherwise in a position the duties of 
        which qualified the participant for designation by the Director 
        as a participant under section 2013 of this title.

        (C) Creditable service

            For purposes of subparagraphs (A) and (B), the term 
        ``creditable service'' means all periods of a participant's 
        service that are creditable under sections 2081, 2082, and 2083 
        of this title.

                         (5) Previous spouse

        The term ``previous spouse'' means an individual who was married 
    for at least 9 months to a participant, former participant, or 
    retired participant who had at least 18 months of service which are 
    creditable under sections 2081, 2082, and 2083 of this title.

                        (6) Spousal agreement

        The term ``spousal agreement'' means an agreement between a 
    participant, former participant, or retired participant and the 
    participant, former participant, or retired participant's spouse or 
    former spouse that--
            (A) is in writing, is signed by the parties, and is 
        notarized;
            (B) has not been modified by court order; and
            (C) has been authenticated by the Director.

                           (7) Court order

        The term ``court order'' means--
            (A) a court decree of divorce, annulment, or legal 
        separation; or
            (B) a court order or court-approved property settlement 
        agreement incident to such court decree of divorce, annulment, 
        or legal separation.

                              (8) Court

        The term ``court'' means a court of a State, the District of 
    Columbia, the Commonwealth of Puerto Rico, Guam, the Northern 
    Mariana Islands, or the Virgin Islands, and any Indian court.

(b) ``Child'' defined

    For purposes of sections 2031 and 2052 of this title:

                           (1) In general

        The term ``child'' means any of the following:

        (A) Minor children

            An unmarried dependent child under 18 years of age, 
        including--
                (i) an adopted child;
                (ii) a stepchild, but only if the stepchild lived with 
            the participant or retired participant in a regular parent-
            child relationship;
                (iii) a recognized natural child; and
                (iv) a child who lived with the participant, for whom a 
            petition of adoption was filed by the participant or retired 
            participant, and who is adopted by the surviving spouse 
            after the death of the participant or retired participant.

        (B) Disabled adult children

            An unmarried dependent child, regardless of age, who is 
        incapable of self-support because of a physical or mental 
        disability incurred before age 18.

        (C) Students

            An unmarried dependent child between 18 and 22 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 institute, junior college, college, 
        university, or comparable recognized educational institution.

                   (2) Special rules for students

        (A) Extension of age termination of status as ``child''

            For purposes of this subsection, a child whose 22nd birthday 
        occurs before July 1 or after August 31 of a calendar year, and 
        while regularly pursuing such a course of study or training, 
        shall be treated as having attained the age of 22 on the first 
        day of July following that birthday.

        (B) Treatment of interim period between school years

            A child who is a student is deemed not to have ceased to be 
        a student during an interim between school years if the interim 
        does not exceed 5 months and if the child shows to the 
        satisfaction of the Director that the child 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.

                      (3) ``Dependent'' defined

        For purposes of this subsection, the term ``dependent'', with 
    respect to the child of a participant or retired participant, means 
    that the participant or retired participant was, at the time of the 
    death of the participant or retired participant, either living with 
    or contributing to the support of the child, as determined in 
    accordance with regulations prescribed under subchapter II of this 
    chapter.

         (4) Exclusion of stepchildren from lump-sum payment

        For purposes of section 2071(c) of this title, the term 
    ``child'' includes an adopted child and a natural child, but does 
    not include a stepchild.

(Pub. L. 88-643, title I, Sec. 102, as added Pub. L. 102-496, title 
VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3198.)


                            Prior Provisions

    A prior section 111 of Pub. L. 88-643, title I, Oct. 13, 1964, 78 
Stat. 1043; Pub. L. 94-522, title I, Sec. 101, Oct. 17, 1976, 90 Stat. 
2467, provided definitions for Pub. L. 88-643 and was set out as a note 
under section 403 of this title prior to the general amendment of Pub. 
L. 88-643 by section 802 of Pub. L. 102-496.

                  Section Referred to in Other Sections

    This section is referred to in sections 403n, 403s, 2031, 2154 of 
this title.
