
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-346 Section 101(a)]
[Document affected by Public Law 106-346 Section 101(a)[505(g)]]
[CITE: 50USC2021]

 
                   TITLE 50--WAR AND NATIONAL DEFENSE
 
    CHAPTER 38--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
 
  SUBCHAPTER II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY 
                                 SYSTEM
 
                          Part B--Contributions
 
Sec. 2021. Contributions to fund


(a) In general

                   (1) Participant's contributions

        Except as provided in subsection (d) of this section, 7 percent 
    of the basic pay received by a participant for any pay period shall 
    be deducted and withheld from the pay of that participant and 
    contributed to the fund.

                      (2) Agency contributions

        An equal amount shall be contributed to the fund for that pay 
    period from the appropriation or fund which is used for payment of 
    the participant's basic pay.

                      (3) Deposits to the fund

        The amounts deducted and withheld from basic pay, together with 
    the amounts so contributed from the appropriation or fund, shall be 
    deposited by the Director to the credit of the fund.

(b) Consent of participant to deductions from pay

    Each participant shall be deemed to consent and agree to such 
deductions from basic pay, and payment less such deductions shall be a 
full and complete discharge and acquittance of all claims and demands 
whatsoever for all regular services during the period covered by such 
payment, except the right to the benefits to which the participant is 
entitled under this subchapter, notwithstanding any law, rule, or 
regulation affecting the individual's pay.

(c) Treatment of contributions after 35 years of service

                       (1) Accrual of interest

        Amounts deducted and withheld from the basic pay of a 
    participant under this section for pay periods after the first day 
    of the first pay period beginning after the day on which the 
    participant completes 35 years of creditable service computed under 
    sections 2081 and 2082 of this title (excluding service credit for 
    unused sick leave under section 2031(a)(2) of this title) shall 
    accrue interest. Such interest shall accrue at the rate of 3 percent 
    a year through December 31, 1984, and thereafter at the rate 
    computed under section 8334(e) of title 5, and shall be compounded 
    annually from the date on which the amount is so deducted and 
    withheld until the date of the participant's retirement or death.

        (2) Use of amounts withheld after 35 years of service

        (A) Use for deposits due under section 2082(b)

            Amounts described in paragraph (1), including interest 
        accrued on such amounts, shall be applied upon the participant's 
        retirement or death toward any deposit due under section 2082(b) 
        of this title.

        (B) Lump-sum payment

            Any balance of such amounts not so required for such a 
        deposit shall be refunded to the participant in a lump sum after 
        the participant's separation (or, in the event of a death in 
        service, to a beneficiary in order of precedence specified in 
        subsection \1\ 2071(c) of this title), subject to prior 
        notification of a current spouse, if any, unless the participant 
        establishes to the satisfaction of the Director, in accordance 
        with regulations which the Director may prescribe, that the 
        participant does not know, and has taken all reasonable steps to 
        determine, the whereabouts of the current spouse.
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    \1\ So in original. Probably should be ``section''.
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        (C) Purchases of additional elective benefits

            In lieu of such a lump-sum payment, the participant may use 
        such amounts--
                (i) to purchase an additional annuity in accordance with 
            section 2121 of this title; or
                (ii) provide any additional survivor benefit for a 
            current or former spouse or spouses.

(d) Offset for social security taxes

                         (1) Persons covered

        In the case of a participant who was a participant subject to 
    this subchapter before January 1, 1984, and whose service--
            (A) is employment for the purposes of title II of the Social 
        Security Act [42 U.S.C. 401 et seq.] and chapter 21 of title 26, 
        and
            (B) is not creditable service for any purpose under 
        subchapter III of this chapter or chapter 84 of title 5,

    there shall be deducted and withheld from the basic pay of the 
    participant under this section during any pay period only the amount 
    computed under paragraph (2).

                    (2) Reduction in contribution

        The amount deducted and withheld from the basic pay of a 
    participant during any pay period pursuant to paragraph (1) shall be 
    the excess of--
            (A) the amount determined by multiplying the percent 
        applicable to the participant under subsection (a) of this 
        section by the basic pay payable to the participant for that pay 
        period, over
            (B) the amount of the taxes deducted and withheld from such 
        basic pay under section 3101(a) of title 26 (relating to old-
        age, survivors, and disability insurance) for that pay period.

(Pub. L. 88-643, title II, Sec. 211, as added Pub. L. 102-496, title 
VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3202; amended Pub. L. 103-178, 
title II, Sec. 202(a)(3), Dec. 3, 1993, 107 Stat. 2026.)

                       References in Text

    The Social Security Act, referred to in subsec. (d)(1)(A), is act 
Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the Act is 
classified generally to subchapter II (Sec. 401 et seq.) of chapter 7 of 
Title 42, The Public Health and Welfare. For complete classification of 
this Act to the Code, see section 1305 of Title 42 and Tables.


                            Prior Provisions

    A prior section 211 of Pub. L. 88-643, title II, Oct. 13, 1964, 78 
Stat. 1045; Pub. L. 91-185, Sec. 1, Dec. 30, 1969, 83 Stat. 847; Pub. L. 
97-269, title VI, Sec. 611, Sept. 27, 1982, 96 Stat. 1153; Pub. L. 99-
335, title V, Secs. 501(2), 502, June 6, 1986, 100 Stat. 622, 623; Pub. 
L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, related to compulsory 
contributions to the fund 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.


                               Amendments

    1993--Subsec. (c)(2)(B). Pub. L. 103-178 substituted ``prior 
notification of a current spouse, if any, unless the participant 
establishes to the satisfaction of the Director, in accordance with 
regulations which the Director may prescribe, that the participant does 
not know, and has taken all reasonable steps to determine, the 
whereabouts of the current spouse'' for ``the requirement under section 
2071(b)(4) of this title''.


                    Effective Date of 1993 Amendment

    Amendment by Pub. L. 103-178 effective Feb. 1, 1993, see section 
202(b) of Pub. L. 103-178, set out as a note under section 2001 of this 
title.


               Temporary Adjustment of Contribution Levels

    Pub. L. 105-33, title VII, Sec. 7001(c)(1), (2), Aug. 5, 1997, 111 
Stat. 658, provided that:
    ``(1) Agency contributions.--Notwithstanding section 211(a)(2) of 
the Central Intelligence Agency Retirement Act (50 U.S.C. 2021(a)(2)), 
during the period beginning on October 1, 1997, through September 30, 
2002, the Central Intelligence Agency shall contribute 8.51 percent of 
the basic pay of an employee participating in the Central Intelligence 
Agency Retirement and Disability System in lieu of the agency 
contribution otherwise required under section 211(a)(2) of such Act.
    ``(2) Individual deductions, withholdings, and deposits.--
Notwithstanding section 211(a)(1) of the Central Intelligence Agency 
Retirement Act (50 U.S.C. 2021(a)(1)) beginning on January 1, 1999, 
through December 31, 2002, the percentage deducted and withheld from the 
basic pay of an employee participating in the Central Intelligence 
Agency Retirement and Disability System shall be as follows:





                                          7.25...................  January 1, 1
999, to December 31, 1999.
                                          7.4....................  January 1, 2
000, to December 31, 2000.
                                          7.5....................  January 1, 2
001, to December 31, 2002.''


                  Section Referred to in Other Sections

    This section is referred to in sections 2031, 2091, 2111 of this 
title.
