
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: 50USC2071]

 
                   TITLE 50--WAR AND NATIONAL DEFENSE
 
    CHAPTER 38--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
 
  SUBCHAPTER II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY 
                                 SYSTEM
 
                        Part E--Lump-Sum Payments
 
Sec. 2071. Lump-sum payments


(a) Entitlement to lump-sum credit

    Subject to section 2082(d) of this title and subsection (b) of this 
section, a participant who--
        (1) is separated from the Agency for at least 31 consecutive 
    days and is not transferred to employment covered by another 
    retirement system for Government employees;
        (2) files an application with the Director for payment of the 
    lump-sum credit;
        (3) is not reemployed in a position in which the participant is 
    subject to this subchapter at the time the participant files the 
    application; and
        (4) will not become eligible to receive an annuity under this 
    subchapter within 31 days after filing the application,

is entitled to be paid the lump-sum credit. Receipt of the payment of 
the lump-sum credit by the former participant voids all annuity rights 
under this subchapter based on the service on which the lump-sum credit 
is based, until the former participant is reemployed in service subject 
to this subchapter.

(b) Conditions for payment of lump-sum credit

                           (1) In general

        Whenever a former participant becomes entitled to receive 
    payment of the lump-sum credit under subsection (a) of this section, 
    such lump-sum credit shall be paid to the former participant and to 
    any former spouse or former wife or husband of the former 
    participant in accordance with paragraphs (2) through (4). The 
    former participant's lump-sum credit shall be reduced by the amount 
    of the lump-sum credit payable to any former spouse or former wife 
    or husband.

                (2) Pro rata share for former spouse

        Unless otherwise expressly provided by any spousal agreement or 
    court order under section 2094(b) of this title, a former spouse of 
    the former participant shall be entitled to receive a share of such 
    participant's lump-sum credit--
            (A) if married to the participant throughout the period of 
        creditable service of the participant, equal to 50 percent of 
        such lump-sum credit; or
            (B) if not married to the participant throughout such 
        creditable service, equal to a proportion of 50 percent of such 
        lump-sum credit which is the proportion that the number of days 
        of the marriage of the former spouse to the participant during 
        periods of creditable service of such participant bears to the 
        total number of days of such creditable service.

                (3) Share for former wife or husband

        Payment of the former participant's lump-sum credit shall be 
    subject to the terms of a court order under section 2094(c) of this 
    title concerning any former wife or husband of the former 
    participant if--
            (A) the court order expressly relates to any portion of such 
        lump-sum credit; and
            (B) payment of the lump-sum credit would extinguish 
        entitlement of such former wife or husband to a survivor annuity 
        under section 2036 of this title or to any portion of the 
        participant's annuity under section 2094(c) of this title.

                          (4) Notification

        A lump-sum credit may be paid to or for the benefit of a former 
    participant--
            (A) only upon written notification to (i) the current 
        spouse, if any, (ii) any former spouse, and (iii) any former 
        wife or husband who has a court order covered by paragraph (3); 
        and
            (B) only if the express written concurrence of the current 
        spouse has been received by the Director.

    This paragraph may be waived under circumstances described in 
    section 2031(b)(1)(D) of this title.

(c) Order of precedence of payment

    A lump-sum payment authorized by subsection (d) or (e) of this 
section 2121(d) \1\ of this title and a payment of any accrued and 
unpaid annuity authorized by subsection (f) of this section shall be 
paid in the following order of precedence to individuals surviving the 
participant and alive on the date entitlement to the payment arises, 
upon establishment of a valid claim therefor, and such payment bars 
recovery by any other individual:
---------------------------------------------------------------------------
    \1\ So in original. The words ``of this section 2121(d)'' probably 
should be ``of this section or by section 2121(d)''.
---------------------------------------------------------------------------
        (1) To the beneficiary or beneficiaries designated by such 
    participant in a signed and witnessed writing received by the 
    Director before the participant's death. For this purpose, a 
    designation, change, or cancellation of beneficiary in a will or 
    other document not so executed and filed with the Director shall 
    have no force or effect.
        (2) If there is no designated beneficiary, to the surviving wife 
    or husband of such participant.
        (3) If none of the above, to the child or children of such 
    participant and descendent of deceased children by representation.
        (4) If none of the above, to the parents of such participant or 
    the survivor of them.
        (5) If none of the above, to the duly appointed executor or 
    administrator of the estate of such participant.
        (6) If none of the above, to such other next of kin of such 
    participant as the Director determines to be legally entitled to 
    such payment.

(d) Death of former participant before retirement

                           (1) In general

        Except as provided in paragraph (2), if a former participant 
    eligible for a deferred annuity under section 2054 of this title 
    dies before reaching age 62, such former participant's lump-sum 
    credit shall be paid in accordance with subsection (c) of this 
    section.

                           (2) Limitation

        In any case where there is a surviving former spouse or 
    surviving former wife or husband of such participant who is entitled 
    to a share of such participant's lump-sum credit under paragraphs 
    (2) and (3) of subsection (b) of this section, the lump-sum credit 
    payable under paragraph (1) shall be reduced by the lump-sum credit 
    payable to such former spouse or former wife or husband.

(e) Termination of all annuity rights

    If all annuity rights under this subchapter based on the service of 
a deceased participant or annuitant terminate before the total annuity 
paid equals the lump-sum credit, the difference shall be paid in 
accordance with subsection (c) of this section.

(f) Payment of accrued and unpaid annuity when retired participant dies

    If a retired participant dies, any annuity accrued and unpaid shall 
be paid in accordance with subsection (c) of this section.

(g) Termination of survivor annuity

    An annuity accrued and unpaid on the termination, except by death, 
of the annuity of a survivor annuitant shall be paid to that individual. 
An annuity accrued and unpaid on the death of a survivor annuitant shall 
be paid in the following order of precedence, and the payment bars 
recovery by any other individual:
        (1) To the duly appointed executor or administrator of the 
    estate of the survivor annuitant.
        (2) If there is no executor or administrator, to such next of 
    kin of the survivor annuitant as the Director determines to be 
    legally entitled to such payment, except that no payment shall be 
    made under this paragraph until after the expiration of 30 days from 
    the date of death of the survivor annuitant.

(Pub. L. 88-643, title II, Sec. 241, as added Pub. L. 102-496, title 
VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3226; amended Pub. L. 103-178, 
title II, Sec. 202(a)(11), Dec. 3, 1993, 107 Stat. 2026.)


                            Prior Provisions

    A prior section 241 of Pub. L. 88-643, title II, Oct. 13, 1964, 78 
Stat. 1049; Pub. L. 94-522, title II, Sec. 209, Oct. 17, 1976, 90 Stat. 
2471; Ex. Ord. No. 12443, Sec. 5, Sept. 27, 1983, 48 F.R. 44752; Pub. L. 
99-335, title V, Sec. 501(2), June 6, 1986, 100 Stat. 622, related to 
disposition of contributions and interest in excess of benefits received 
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). Pub. L. 103-178, Sec. 202(a)(11)(A), substituted 
``A lump-sum payment authorized by subsection (d) or (e) of this section 
2121(d) of this title and a payment of any accrued and unpaid annuity 
authorized by subsection (f) of this section'' for ``A lump-sum benefit 
that would have been payable to a participant, former participant, or 
annuitant, or to a survivor annuitant, authorized by subsection (d) or 
(e) of this section or by section 2054(b) or 2121(d) of this title''.
    Subsecs. (f), (g). Pub. L. 103-178, Sec. 202(a)(11)(B), added 
subsec. (f) and redesignated former subsec. (f) as (g).


                    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 403n, 2002, 2021, 2051, 
2052, 2054, 2094, 2121 of this title.
