Title 50 — War and National Defense
Part B · Chapter 38 — Central Intelligence Agency Retirement and Disability
§ 2021. Contributions to fund
Statutory text
In general
Definition
In this subsection, the term “revised annuity participant” means an individual who—
on —
is not a participant;
is not performing qualifying service; and
has less than 5 years of qualifying service; and
after , becomes a participant performing qualifying service.
Contributions
In general
Except as provided in subsection (d), 7 percent of the basic pay received by a participant other than a revised annuity participant for any pay period shall be deducted and withheld from the pay of that participant and contributed to the fund.
Revised annuity participants
Except as provided in subsection (d), 9.3 percent of the basic pay received by a revised annuity participant for any pay period shall be deducted and withheld from the pay of that revised annuity participant and contributed to the fund.
Agency contributions
In general
An amount equal to 7 percent of the basic pay received by a participant other than a revised annuity participant shall be contributed to the fund for a pay period for the participant from the appropriation or fund which is used for payment of the participant’s basic pay.
Revised annuity participants
An amount equal to 4.7 percent of the basic pay received by a revised annuity participant shall be contributed to the fund for a pay period for the revised annuity participant from the appropriation or fund which is used for payment of the revised annuity participant’s basic pay.
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.
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.
Treatment of contributions after 35 years of service
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 , 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.
Use of amounts withheld after 35 years of service
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.
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 section 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.
Purchases of additional elective benefits
In lieu of such a lump-sum payment, the participant may use such amounts—
to purchase an additional annuity in accordance with section 2121 of this title; or
provide any additional survivor benefit for a current or former spouse or spouses.
Offset for social security taxes
Persons covered
In the case of a participant who was a participant subject to this subchapter before , and whose service—
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
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).
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—
the amount determined by multiplying the percent applicable to the participant under subsection (a) by the basic pay payable to the participant for that pay period, over
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 88–643 title II § 211 · 78 Stat. 1043
Enacted · 50 U.S.C. § 2021
Pub. L. 88–643, title II, § 211, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3202
Source evidence
Code source credit
Pub. L. 88–643, title II, § 211, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3202Enacted provision · exact public law section
Sec. 211. (a) Six and one-half per centum of the basic salary received by each participant shall be contributed to the fund for the payment of annuities, cash benefits, refunds and allowances. An equal sum shall also be contributed from the respective appropriation or fund which is used for payment of his salary. The amounts deducted and withheld from basic salary together with the amounts so contributed from the appropriation or fund shall be deposited by the Agency to the credit of the fund. (b) Each participant shall be deemed to consent and agree to such deductions from basic salary, 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 he shall be entitled under this Act, notwithstanding any law, rule, or regulation affecting the individual’s salary.Intelligence Authorization Act for Fiscal Year 1994
Pub. L. 103–178 title II § 202(a)(3) · 107 Stat. 2024
Substituted · 50 U.S.C. § 2021(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”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(3) in section 211(c)(2)(B) (50 U.S.C. 2021(c)(2)(B)), by striking “the requirement under section 241(b)(4)” and inserting in lieu thereof “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”;Effective date note
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.Middle Class Tax Relief and Job Creation Act of 2012
Pub. L. 112–96 title V § 5003 · 126 Stat. 156
Added · 50 U.S.C. § 2021(a)
Pub. L. 112–96 added pars. (1) to (3)
Redesignated · 50 U.S.C. § 2021(a)
Pub. L. 112–96 redesignated former par. (3) as (4)
Struck · 50 U.S.C. § 2021(a)
Pub. L. 112–96 struck out former pars. (1) and (2) which related to participant’s contributions and agency contributions, respectively
Source evidence
Code amendment note
Subsec. (a). Pub. L. 112–96 added pars. (1) to (3), redesignated former par. (3) as (4), and struck out former pars. (1) and (2) which related to participant’s contributions and agency contributions, respectively.Enacted provision · exact public law section
SEC. 5003. CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM. Section 211(a) of the Central Intelligence Agency Retirement Act (50 U.S.C. 2021(a)) is amended— (1) by redesignating paragraph (3) as paragraph (4); and (2) by striking paragraphs (1) and (2) and inserting the following: “(1) Definition.— In this subsection, the term ‘revised annuity participant’ means an individual who— “(A) on December 31, 2012— “(i) is not a participant; “(ii) is not performing qualifying service; and “(iii) has less than 5 years of qualifying service; and “(B) after December 31, 2012, becomes a participant performing qualifying service. “(2) Contributions.— “(A) In general.— Except as provided in subsection (d), 7 percent of the basic pay received by a participant other than a revised annuity participant for any pay period shall be deducted and withheld from the pay of that participant and contributed to the fund. “(B) Revised annuity participants.— Except as provided in subsection (d), 9.3 percent of the basic pay received by a revised annuity participant for any pay period shall be deducted and withheld from the pay of that revised annuity participant and contributed to the fund. “(3) Agency contributions.— “(A) In general.— An amount equal to 7 percent of the basic pay received by a participant other than a revised annuity participant shall be contributed to the fund for a pay period for the participant from the appropriation or fund which is used for payment of the participant’s basic pay. “(B) Revised annuity participants.— An amount equal to 4.7 percent of the basic pay received by a revised annuity participant shall be contributed to the fund for a pay period for the revised annuity participant from the appropriation or fund which is used for payment of the revised annuity participant’s basic pay.” .Intelligence Authorization Act for Fiscal Year 2024
Pub. L. 118–31 div. G title IX § 7901(d)(1) · 137 Stat. 136
Substituted · 50 U.S.C. § 2021(c)(2)(B)
Pub. L. 118–31 substituted “section 2071(c)” for “subsection 2071(c)”
Source evidence
Code amendment note
Subsec. (c)(2)(B). Pub. L. 118–31 substituted “section 2071(c)” for “subsection 2071(c)”.Enacted provision · exact public law section
(1) in section 211(c)(2)(B) (50 U.S.C. 2021(c)(2)(B)), by striking “subsection 241(c)” and inserting “section 241(c)”;
6 of 6 references resolved to an enrolled provision
Editorial Notes
References in Text
The Social Security Act, referred to in subsec. (d)(1)(A), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Act is classified generally to subchapter II (§ 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, , 78 Stat. 1045; Pub. L. 91–185, § 1, , 83 Stat. 847; Pub. L. 97–269, title VI, § 611, , 96 Stat. 1153; Pub. L. 99–335, title V, §§ 501(2), 502, , 100 Stat. 622, 623; Pub. L. 99–514, § 2, , 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.
Amendments1993–2023 · 3 rounds
2023
Subsec. (c)(2)(B). Pub. L. 118–31 substituted “section 2071(c)” for “subsection 2071(c)”.
2012
Subsec. (a). Pub. L. 112–96 added pars. (1) to (3), redesignated former par. (3) as (4), and struck out former pars. (1) and (2) which related to participant’s contributions and agency contributions, respectively.
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”.
Statutory Notes and Related Subsidiaries
Effective Date of 1993 Amendment
Amendment by Pub. L. 103–178 effective , see section 202(b) of Pub. L. 103–178, set out as a note under section 2001 of this title.
Effective Date
Section effective on first day of fourth month beginning after , see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
Temporary Adjustment of Contribution Levels
Pub. L. 106–346, § 101(a) [title V, § 505(g)], , 114 Stat. 1356, 1356A–54, provided that: “Notwithstanding [former] section 211(a)(2) of the Central Intelligence Agency Retirement Act (50 U.S.C. 2021(a)(2)), during the period beginning on , through , the Central Intelligence Agency shall contribute 7.5 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.”
Pub. L. 105–33, title VII, § 7001(c)(1), (2), , 111 Stat. 658, as amended by Pub. L. 106–346, § 101(a) [title V, § 505(c)(1)], , 114 Stat. 1356, 1356A–53, provided that:
“(1) Agency contributions.—
Notwithstanding [former] section 211(a)(2) of the Central Intelligence Agency Retirement Act (50 U.S.C. 2021(a)(2)), during the period beginning on , through , 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 [former] section 211(a)(1) of the Central Intelligence Agency Retirement Act (50 U.S.C. 2021(a)(1)) beginning on , through , 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, 1999, to December 31, 1999. 7.4 January 1, 2000, to December 31, 2000.”
Credits
1992–2023 · 4 acts
- 1992Pub. L. 88–643, title II, § 211, as added Pub. L. 102–496, title VIII, § 802, , 106 Stat. 3202
- 1993amended Pub. L. 103–178, title II, § 202(a)(3), , 107 Stat. 2026
- 2012Pub. L. 112–96, title V, § 5003, , 126 Stat. 200
- 2023Pub. L. 118–31, div. G, title IX, § 7901(d)(1), , 137 Stat. 1106.
Show as published
(Pub. L. 88–643, title II, § 211, as added Pub. L. 102–496, title VIII, § 802, , 106 Stat. 3202; amended Pub. L. 103–178, title II, § 202(a)(3), , 107 Stat. 2026; Pub. L. 112–96, title V, § 5003, , 126 Stat. 200; Pub. L. 118–31, div. G, title IX, § 7901(d)(1), , 137 Stat. 1106.)