
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 50USC2131]

 
                   TITLE 50--WAR AND NATIONAL DEFENSE
 
    CHAPTER 38--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
 
  SUBCHAPTER II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY 
                                 SYSTEM
 
             Part J--Cost-of-Living Adjustment of Annuities
 
Sec. 2131. Cost-of-living adjustment of annuities


(a) In general

    Each annuity payable from the fund shall be adjusted as follows:
        (1) Each cost-of-living annuity increase under this section 
    shall be identical to the corresponding percentage increase under 
    section 8340(b) of title 5.
        (2) A cost-of-living increase made under paragraph (1) shall 
    become effective under this section on the effective date of each 
    such increase under section 8340(b) of title 5. Except as provided 
    in subsection (b) of this section, each such increase shall be 
    applied to each annuity payable from the fund which has a commencing 
    date not later than the effective date of the increase.

(b) Eligibility

    Eligibility for an annuity increase under this section shall be 
governed by the commencing date of each annuity payable from the fund as 
of the effective date of an increase, except as follows:
        (1) The first cost-of-living increase (if any) made under 
    subsection (a) of this section to an annuity which is payable from 
    the fund to a participant who retires, to the surviving spouse, 
    former spouse, or previous spouse of a participant who dies in 
    service, or to the surviving spouse, former spouse, previous spouse, 
    or insurable interest designee of a deceased annuitant whose annuity 
    has not been increased under this subsection or subsection (a) of 
    this section, shall be equal to the product (adjusted to the nearest 
    \1/10\ of one percent) of--
            (A) \1/12\ of the applicable percent change computed under 
        subsection (a) of this section, multiplied by
            (B) the number of months (not to exceed 12 months, counting 
        any portion of a month as a month)--
                (i) for which the annuity was payable from the fund 
            before the effective date of the increase, or
                (ii) in the case of a surviving spouse, former spouse, 
            previous spouse, or insurable interest designee of a 
            deceased annuitant whose annuity has not been so increased, 
            since the annuity was first payable to the deceased 
            annuitant.

        (2) Effective from its commencing date, an annuity payable from 
    the fund to an annuitant's survivor (other than a child entitled to 
    an annuity under section 2031(d) of this title) shall be increased 
    by the total percentage increase the annuitant was receiving under 
    this section at death.
        (3) For purposes of computing the annuity of a child under 
    section 2031(d) of this title that commences after October 31, 1969, 
    the dollar amounts specified in section 2031(d)(3) of this title 
    shall each be increased by the total percentage increases allowed 
    and in force under this section on or after such day and, in the 
    case of a deceased annuitant, the percentages specified in that 
    section shall be increased by the total percent allowed and in force 
    to the annuitant under this section on or after such day.

(c) Limitation

    An annuity increase provided by this section may not be computed on 
any additional annuity purchased at retirement by voluntary 
contributions.

(d) Rounding to next lower dollar

    The monthly annuity installment, after adjustment under this 
section, shall be rounded to the next lowest dollar, except that such 
installment shall, after adjustment, reflect an increase of at least $1.

(e) Limitation on maximum amount of annuity

                           (1) In general

        An annuity shall not be increased by reason of an adjustment 
    under this section to an amount which exceeds the greater of--
            (A) the maximum pay payable for GS-15 30 days before the 
        effective date of the adjustment under this section; or
            (B) the final pay (or average pay, if higher) of the 
        participant with respect to whom the annuity is paid, increased 
        by the overall annual average percentage adjustments 
        (compounded) in the rates of pay of the General Schedule under 
        subchapter I of chapter 53 of title 5 during the period--
                (i) beginning on the date on which the annuity commenced 
            (or, in the case of a survivor of the retired participant, 
            the date on which the participant's annuity commenced), and
                (ii) ending on the effective date of the adjustment 
            under this section.

                         (2) ``Pay'' defined

        For purposes of paragraph (1), the term ``pay'' means the rate 
    of salary or basic pay as payable under any provision of law, 
    including any provision of law limiting the expenditure of 
    appropriated funds.

(Pub. L. 88-643, title II, Sec. 291, as added Pub. L. 102-496, title 
VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3240; amended Pub. L. 103-178, 
title II, Sec. 202(a)(14), Dec. 3, 1993, 107 Stat. 2027.)

                       References in Text

    GS-15, referred to in subsec. (e)(1)(A), probably means GS-15 of the 
General Schedule which is set out under section 5332 of Title 5, 
Government Organization and Employees.


                            Prior Provisions

    A prior section 291 of Pub. L. 88-643, title II, Oct. 13, 1964, 78 
Stat. 1054; Pub. L. 90-539, Sept. 30, 1968, 82 Stat. 902; Pub. L. 91-
185, Sec. 5, Dec. 30, 1969, 83 Stat. 849; Pub. L. 93-210, Sec. 1(a), 
Dec. 28, 1973, 87 Stat. 908; Pub. L. 94-361, title VIII, Sec. 801(b), 
July 14, 1976, 90 Stat. 929; Ex. Ord. No. 12326, Sec. 4, Sept. 30, 1981, 
46 F.R. 48889; Ex. Ord. No. 12443, Secs. 6, 14, Sept. 27, 1983, 48 F.R. 
44752, 44754; Pub. L. 99-335, title V, Sec. 501(3), June 6, 1986, 100 
Stat. 622, related to cost-of-living adjustment of annuities 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. (b)(2). Pub. L. 103-178 struck out ``or section 
2052(c) of this title'' after ``section 2031(d) 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.


Delay in Cost-of-Living Adjustments During Fiscal Years 1994, 1995, and 
                                  1996

    Any cost-of-living increase scheduled to take effect during fiscal 
year 1994, 1995, or 1996 under this section delayed until first day of 
third calendar month after date such increase would otherwise take 
effect, see section 11001 of Pub. L. 103-66, set out as a note under 
section 8340 of Title 5, Government Organization and Employees.

                  Section Referred to in Other Sections

    This section is referred to in sections 2031, 2032, 2091 of this 
title.
