
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: 50USC2093]

 
                   TITLE 50--WAR AND NATIONAL DEFENSE
 
    CHAPTER 38--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
 
  SUBCHAPTER II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY 
                                 SYSTEM
 
                             Part G--Moneys
 
Sec. 2093. Payment of benefits


(a) Annuities stated as annual amounts

    Each annuity is stated as an annual amount, \1/12\ of which, rounded 
to the next lowest dollar, constitutes the monthly rate payable on the 
first business day of the month after the month or other period for 
which it has accrued.

(b) Commencement of annuity

       (1) Commencement of annuity for participants generally

        Except as otherwise provided in paragraph (2), the annuity of a 
    participant who has met the eligibility requirements for an annuity 
    shall commence on the first day of the month after separation from 
    the Agency or after pay ceases and the service and age requirements 
    for title to an annuity are met.

                           (2) Exceptions

        The annuity of--
            (A) a participant involuntarily separated from the Agency;
            (B) a participant retiring under section 2051 of this title 
        due to a disability; and
            (C) a participant who serves 3 days or less in the month of 
        retirement;

    shall commence on the day after separation from the Agency or the 
    day after pay ceases and the service and age or disability 
    requirements for title to annuity are met.

                         (3) Other annuities

        Any other annuity payable from the fund commences on the first 
    day of the month after the occurrence of the event on which payment 
    thereof is based.

(c) Termination of annuity

    An annuity payable from the fund shall terminate--
        (1) in the case of a retired participant, on the day death or 
    any other terminating event provided by this subchapter occurs; or
        (2) in the case of a former spouse or a survivor, on the last 
    day of the month before death or any other terminating event occurs.

(d) Application for survivor annuities

    The annuity to a survivor shall become effective as otherwise 
specified but shall not be paid until the survivor submits an 
application for such annuity, supported by such proof of eligibility as 
the Director may require. If such application or proof of eligibility is 
not submitted during the lifetime of an otherwise eligible individual, 
no annuity shall be due or payable to the individual's estate.

(e) Waiver of annuity

    An individual entitled to an annuity from the fund may decline to 
accept all or any part of the annuity by submitting a signed waiver to 
the Director. The waiver may be revoked in writing at any time. Payment 
of the annuity waived may not be made for the period during which the 
waiver is in effect.

(f) Limitations

              (1) Application before 115th anniversary

        No payment shall be made from the fund unless an application for 
    benefits based on the service of the participant is received by the 
    Director before the 115th anniversary of the participant's birth.

                   (2) Application within 30 years

        Notwithstanding paragraph (1), after the death of a participant 
    or retired participant, no benefit based on that participant's 
    service may be paid from the fund unless an application for the 
    benefit is received by the Director within 30 years after the death 
    or other event which gives rise to eligibility for the benefit.

(g) Withholding of State income tax from annuities

                     (1) Agreements with States

        The Director shall, in accordance with this subsection, enter 
    into an agreement with any State within 120 days of a request for 
    agreement from the proper State official. The agreement shall 
    provide that the Director shall withhold State income tax in the 
    case of the monthly annuity of any annuitant who voluntarily 
    requests, in writing, such withholding. The amounts withheld during 
    any calendar quarter shall be held in the Fund \1\ and disbursed to 
    the States during the month following that calendar quarter.
---------------------------------------------------------------------------
    \1\ So in original. Probably should not be capitalized.
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                 (2) Limitation on multiple requests

        An annuitant may have in effect at any time only one request for 
    withholding under this subsection, and an annuitant may not have 
    more than two such requests during any one calendar year.

                   (3) Change in State designation

        Subject to paragraph (2), an annuitant may change the State 
    designated by that annuitant for purposes of having withholdings 
    made, and may request that the withholdings be remitted in 
    accordance with such change. An annuitant also may revoke any 
    request of that annuitant for withholding. Any change in the State 
    designated or revocation is effective on the first day of the month 
    after the month in which the request or the revocation is processed 
    by the Director, but in no event later than on the first day of the 
    second month beginning after the day on which such request or 
    revocation is received by the Director.

                       (4) General provisions

        This subsection does not give the consent of the United States 
    to the application of a statute which imposes more burdensome 
    requirements of the United States than on employers generally, or 
    which subjects the United States or any annuitant to a penalty or 
    liability because of this subsection. The Director may not accept 
    pay from a State for services performed in withholding State income 
    taxes from annuities. Any amount erroneously withheld from an 
    annuity and paid to a State by the Director shall be repaid by the 
    State in accordance with regulations prescribed by the Director.

                        (5) ``State'' defined

        For the purpose of this subsection, the term ``State'' includes 
    the District of Columbia and any territory or possession of the 
    United States.

(Pub. L. 88-643, title II, Sec. 263, as added Pub. L. 102-496, title 
VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3235.)


                            Prior Provisions

    A prior section 263 of Pub. L. 88-643, title II, Oct. 13, 1964, 78 
Stat. 1052; Pub. L. 97-269, title VI, Sec. 609, Sept. 27, 1982, 96 Stat. 
1153; Pub. L. 99-335, title V, Sec. 501(2), June 6, 1986, 100 Stat. 622, 
related to attachment of moneys 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.
