
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)]
[CITE: 50USC2082]

 
                   TITLE 50--WAR AND NATIONAL DEFENSE
 
    CHAPTER 38--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
 
  SUBCHAPTER II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY 
                                 SYSTEM
 
                 Part F--Period of Service for Annuities
 
Sec. 2082. Prior service credit


(a) In general

    A participant may, subject to the provisions of this section, 
include in the participant's period of service--
        (1) civilian service in the Government before becoming a 
    participant that would be creditable toward retirement under 
    subchapter III of chapter 83 of title 5 (as determined under section 
    8332(b) of such title); and
        (2) honorable active service in the Armed Forces before the date 
    of the separation upon which eligibility for an annuity is based, or 
    honorable active service in the Regular or Reserve Corps of the 
    Public Health Service after June 30, 1960, or as a commissioned 
    officer of the National Oceanic and Atmospheric Administration after 
    June 30, 1961.

(b) Limitations

                           (1) In general

        Except as provided in paragraphs (2) and (3), the total service 
    of any participant shall exclude--
            (A) any period of civilian service on or after October 1, 
        1982, for which retirement deductions or deposits have not been 
        made,
            (B) any period of service for which a refund of 
        contributions has been made, or
            (C) any period of service for which contributions were not 
        transferred pursuant to subsection (c)(1) of this section;

    unless the participant makes a deposit to the fund in an amount 
    equal to the percentages of basic pay received for such service as 
    specified in the table contained in section 8334(c) of title 5, 
    together with interest computed in accordance with section 8334(e) 
    of such title. The deposit may be made in one or more installments 
    (including by allotment from pay), as determined by the Director.

            (2) Effect of retirement deductions not made

        If a participant has not paid a deposit for civilian service 
    performed before October 1, 1982, for which retirement deductions 
    were not made, such participant's annuity shall be reduced by 10 
    percent of the deposit described in paragraph (1) remaining unpaid, 
    unless the participant elects to eliminate the service involved for 
    the purpose of the annuity computation.

          (3) Effect of refund of retirement contributions

        A participant who received a refund of retirement contributions 
    under this or any other retirement system for Government employees 
    covering service for which the participant may be allowed credit 
    under this subchapter may deposit the amount received, with interest 
    computed under paragraph (1). Credit may not be allowed for the 
    service covered by the refund until the deposit is made, except that 
    a participant who--
            (A) separated from Government service before October 1, 
        1990, and received a refund of the participant's retirement 
        contributions covering a period of service ending before October 
        1, 1990;
            (B) is entitled to an annuity under this subchapter (other 
        than a disability annuity) which commences after December 1, 
        1992; and
            (C) does not make the deposit required to receive credit for 
        the service covered by the refund;

    shall be entitled to an annuity actuarially reduced in accordance 
    with section 8334(d)(2)(B) of title 5.

                (4) Entitlement under another system

        Credit toward retirement under the system shall not be allowed 
    for any period of civilian service on the basis of which the 
    participant is receiving (or will in the future be entitled to 
    receive) an annuity under another retirement system for Government 
    employees, unless the right to such annuity is waived and a deposit 
    is made under paragraph (1) covering that period of service, or a 
    transfer is made pursuant to subsection (c) of this section.

(c) Transfer from other Government retirement systems

                           (1) In general

        If an employee who is under another retirement system for 
    Government employees becomes a participant in the system by direct 
    transfer, the Government's contributions (including interest accrued 
    thereon computed in accordance with section 8334(e) of title 5) 
    under such retirement system on behalf of the employee as well as 
    such employee's total contributions and deposits (including interest 
    accrued thereon), except voluntary contributions, shall be 
    transferred to the employee's credit in the fund effective as of the 
    date such employee becomes a participant in the system.

                       (2) Consent of employee

        Each such employee shall be deemed to consent to the transfer of 
    such funds, and such transfer shall be a complete discharge and 
    acquittance of all claims and demands against the other Government 
    retirement fund on account of service rendered before becoming a 
    participant in the system.

                (3) Additional contributions; refunds

        A participant whose contributions are transferred pursuant to 
    paragraph (1) shall not be required to make additional contributions 
    for periods of service for which full contributions were made to the 
    other Government retirement fund, nor shall any refund be made to 
    any such participant on account of contributions made during any 
    period to the other Government retirement fund at a higher rate than 
    that fixed for employees by section 8334(c) of title 5 for 
    contributions to the fund.

(d) Transfer to other Government retirement systems

                           (1) In general

        If a participant in the system becomes an employee under another 
    Government retirement system by direct transfer to employment 
    covered by such system, the Government's contributions (including 
    interest accrued thereon computed in accordance with section 8334(e) 
    of title 5) to the fund on the participant's behalf as well as the 
    participant's total contributions and deposits (including interest 
    accrued thereon), except voluntary contributions, shall be 
    transferred to the participant's credit in the fund of such other 
    retirement system effective as of the date on which the participant 
    becomes eligible to participate in such other retirement system.

                       (2) Consent of employee

        Each such employee shall be deemed to consent to the transfer of 
    such funds, and such transfer shall be a complete discharge and 
    acquittance of all claims and demands against the fund on account of 
    service rendered before the participant's becoming eligible for 
    participation in that other system.

(e) Prior military service credit

                  (1) Application to obtain credit

        If a deposit required to obtain credit for prior military 
    service described in subsection (a)(2) of this section was not made 
    to another Government retirement fund and transferred under 
    subsection (c)(1) of this section, the participant may obtain credit 
    for such military service, subject to the provisions of this 
    subsection and subsections (f) through (h) of this section, by 
    applying for it to the Director before retirement or separation from 
    the Agency.

    (2) Employment starting before, on, or after October 1, 1982

        Except as provided in paragraph (3)--
            (A) the service of a participant who first became a Federal 
        employee before October 1, 1982, shall include credit for each 
        period of military service performed before the date of 
        separation on which entitlement to an annuity under this 
        subchapter is based, subject to subsection (f) of this section; 
        and
            (B) the service of a participant who first becomes a Federal 
        employee on or after October 1, 1982, shall include credit for--
                (i) each period of military service performed before 
            January 1, 1957, and
                (ii) each period of military service performed after 
            December 31, 1956, and before the separation on which 
            entitlement to an annuity under this subchapter is based, 
            only if a deposit (with interest, if any) is made with 
            respect to that period, as provided in subsection (h) of 
            this section.

            (3) Effect of receipt of military retired pay

        In the case of a participant who is entitled to retired pay 
    based on a period of military service, the participant's service may 
    not include credit for such period of military service unless the 
    retired pay is paid--
            (A) on account of a service-connected disability--
                (i) incurred in combat with an enemy of the United 
            States; or
                (ii) caused by an instrumentality of war and incurred in 
            the line of duty during a period of war (as defined in 
            section 1101 of title 38); or

            (B) under chapter 67 \1\ of title 10.
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    \1\ See References in Text note below.
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                        (4) Survivor annuity

        Notwithstanding paragraph (3), the survivor annuity of a 
    survivor of a participant--
            (A) who was awarded retired pay based on any period of 
        military service, and
            (B) whose death occurs before separation from the Agency,

    shall be computed in accordance with section 8332(c)(3) of title 5.

(f) Effect of entitlement to social security benefits

                           (1) In general

        Notwithstanding any other provision of this section (except 
    paragraph (3) of this subsection) or section 2083 of this title, any 
    military service (other than military service covered by military 
    leave with pay from a civilian position) performed by a participant 
    after December 1956 shall be excluded in determining the aggregate 
    period of service on which an annuity payable under this subchapter 
    to such participant or to the participant's spouse, former spouse, 
    previous spouse, or child is based, if such participant, spouse, 
    former spouse, previous spouse, or child is entitled (or would upon 
    proper application be entitled), at the time of such determination, 
    to monthly old-age or survivors' insurance benefits under section 
    402 of title 42, based on such participant's wages and self-
    employment income. If the military service is not excluded under the 
    preceding sentence, but upon attaining age 62, the participant or 
    spouse, former spouse, or previous spouse becomes entitled (or would 
    upon proper application be entitled) to such benefits, the aggregate 
    period of service on which the annuity is based shall be 
    redetermined, effective as of the first day of the month in which 
    the participant or spouse, former spouse, or previous spouse attains 
    age 62, so as to exclude such service.

                           (2) Limitation

        The provisions of paragraph (1) relating to credit for military 
    service do not apply to--
            (A) any period of military service of a participant with 
        respect to which the participant has made a deposit with 
        interest, if any, under subsection (h) of this section; or
            (B) the military service of any participant described in 
        subsection (e)(2)(B) of this section.

         (3) Effect of entitlement before September 8, 1982

        (A) The annuity recomputation required by paragraph (1) shall 
    not apply to any participant who was entitled to an annuity under 
    this subchapter on or before September 8, 1982, or who is entitled 
    to a deferred annuity based on separation from the Agency occurring 
    on or before such date. Instead of an annuity recomputation, the 
    annuity of such participant shall be reduced at age 62 by an amount 
    equal to a fraction of the participant's old-age or survivors' 
    insurance benefits under section 402 of title 42. The reduction 
    shall be determined by multiplying the participant's monthly Social 
    Security benefit by a fraction, the numerator of which is the 
    participant's total military wages and deemed additional wages 
    (within the meaning of section 429 of title 42) that were subject to 
    Social Security deductions and the denominator of which is the total 
    of all the participant's wages, including military wages, and all 
    self-employment income that were subject to Social Security 
    deductions before the calendar year in which the determination month 
    occurs.
        (B) The reduction determined in accordance with subparagraph (A) 
    shall not be greater than the reduction that would be required under 
    paragraph (1) if such paragraph applied to the participant. The new 
    formula shall be applicable to any annuity payment payable after 
    October 1, 1982, including annuity payments to participants who had 
    previously reached age 62 and whose annuities had already been 
    recomputed.
        (C) For purposes of this paragraph, the term ``determination 
    month'' means--
            (i) the first month for which the participant is entitled to 
        old-age or survivors' insurance benefits (or would be entitled 
        to such benefits upon application therefor); or
            (ii) October 1982, in the case of any participant entitled 
        to such benefits for that month.

(g) Deposits paid by survivors

    For the purpose of survivor annuities, deposits authorized by 
subsections (b) and (h) of this section may also be made by the survivor 
of a participant.

(h) Deposits for periods of military service

    (1)(A) Each participant who has performed military service before 
the date of separation on which entitlement to an annuity under this 
subchapter is based may pay to the Agency an amount equal to 7 percent 
of the amount of basic pay paid under section 204 of title 37 to the 
participant for each period of military service after December 1956; 
except, the amount to be paid for military service performed beginning 
on January 1, 1999, through December 31, 2002, shall be as follows:





                                        7.25 percent of basic pay..  January 1,
 1999, to December 31, 1999.
                                        7.4 percent of basic pay...  January 1,
 2000, to December 31, 2000.
                                        7.5 percent of basic pay...  January 1,
 2001, to December 31, 2002.



    (B) The amount of such payments shall be based on such evidence of 
basic pay for military service as the participant may provide or, if the 
Director determines sufficient evidence has not been provided to 
adequately determine basic pay for military service, such payment shall 
be based upon estimates of such basic pay provided to the Director under 
paragraph (4).
    (2) Any deposit made under paragraph (1) more than two years after 
the later of--
        (A) October 1, 1983, or
        (B) the date on which the participant making the deposit first 
    becomes an employee of the Federal Government,

shall include interest on such amount computed and compounded annually 
beginning on the date of expiration of the two-year period. The interest 
rate that is applicable in computing interest in any year under this 
paragraph shall be equal to the interest rate that is applicable for 
such year under section 8334(e) of title 5.
    (3) Any payment received by the Director under this subsection shall 
be deposited in the Treasury of the United States to the credit of the 
fund.
    (4) The provisions of section 2031(k) of this title shall apply with 
respect to such information as the Director determines to be necessary 
for the administration of this subsection in the same manner that such 
section applies concerning information described in that section.

(Pub. L. 88-643, title II, Sec. 252, as added Pub. L. 102-496, title 
VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3229; amended Pub. L. 105-33, 
title VII, Sec. 7001(c)(3), Aug. 5, 1997, 111 Stat. 659.)

                       References in Text

    Chapter 67 of title 10, referred to in subsec. (e)(3)(B), was 
transferred to part II of subtitle E of Title 10, Armed Forces, 
renumbered as chapter 1223, and amended generally by Pub. L. 103-337, 
div. A, title XVI, Sec. 1662(j)(1), Oct. 5, 1994, 108 Stat. 2998. A new 
chapter 67 (Sec. 1331) of Title 10 was added by section 1662(j)(7) of 
Pub. L. 103-337.


                            Prior Provisions

    A prior section 252 of Pub. L. 88-643, title II, Oct. 13, 1964, 78 
Stat. 1050; Pub. L. 91-626, Secs. 5, 6, Dec. 31, 1970, 84 Stat. 1872; 
Pub. L. 94-522, title II, Sec. 211, Oct. 17, 1976, 90 Stat. 2471; Ex. 
Ord. No. 12443, Secs. 9-11, 15, Sept. 27, 1983, 48 F.R. 44753, 44755; 
Ex. Ord. No. 12485, July 13, 1984, 49 F.R. 28827; Pub. L. 99-335, title 
V, Sec. 501(2), June 6, 1986, 100 Stat. 622; Pub. L. 102-83, 
Sec. 5(c)(2), Aug. 6, 1991, 105 Stat. 406, related to prior service 
credit 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

    1997--Subsec. (h)(1). Pub. L. 105-33 amended par. (1) generally. 
Prior to amendment, par. (1) read as follows: ``Each participant who has 
performed military service before the date of separation on which 
entitlement to an annuity under this subchapter is based may pay to the 
Agency an amount equal to 7 percent of the amount of basic pay paid 
under section 204 of title 37 to the participant for each period of 
military service after December 1956. The amount of such payments shall 
be based on such evidence of basic pay for military service as the 
participant may provide or, if the Director determines sufficient 
evidence has not been provided to adequately determine basic pay for 
military service, such payment shall be based upon estimates of such 
basic pay provided to the Director under paragraph (4).''


                    Effective Date of 1997 Amendment

    Amendment by Pub. L. 105-33 effective Oct. 1, 1997, see section 
7001(f) of Pub. L. 105-33, set out as a note under section 8334 of Title 
5, Government Organization and Employees.

                  Section Referred to in Other Sections

    This section is referred to in sections 2001, 2002, 2021, 2031, 
2051, 2071, 2083, 2091 of this title.
