Title 50 — War and National Defense
Part D · Chapter 38 — Central Intelligence Agency Retirement and Disability
§ 2052. Death in service
Statutory text
Return of contributions when no annuity payable
If a participant dies and no claim for an annuity is payable under this subchapter, the participant’s lump-sum credit and any voluntary contributions made under section 2121 of this title, with interest, shall be paid in the order of precedence shown in section 2071(c) of this title.
Survivor annuity for surviving spouse or former spouse
In general
If a participant dies before separation or retirement from the Agency and is survived by a spouse or by a former spouse qualifying for a survivor annuity under section 2032(b) of this title, such surviving spouse shall be entitled to an annuity equal to 55 percent of the annuity computed in accordance with paragraphs (2) and (3) of this subsection and section 2031(a) of this title, and any such surviving former spouse shall be entitled to an annuity computed in accordance with section 2032(b) of this title and paragraph (2) of this subsection as if the participant died after being entitled to an annuity under this subchapter. The annuity of such surviving spouse or former spouse shall commence on the day after the participant dies and shall terminate on the last day of the month before the death or remarriage before attaining age 55 of the surviving spouse or former spouse (subject to the payment and restoration provisions of sections 2031(b)(3)(C), 2031(i), and 2032(b)(3) of this title).
Computation
The annuity payable under paragraph (1) shall be computed in accordance with section 2031(a) of this title, except that the computation of the annuity of the participant under such section shall be at least the smaller of (A) 40 percent of the participant’s high-3 average pay, or (B) the sum obtained under such section after increasing the participant’s length of service by the difference between the participant’s age at the time of death and age 60.
Limitation
Notwithstanding paragraph (1), if the participant had a former spouse qualifying for an annuity under section 2032(b) of this title, the annuity of a surviving spouse under this section shall be subject to the limitation of section 2031(b)(3)(B) of this title, and the annuity of a former spouse under this section shall be subject to the limitation of section 2032(b)(4)(B) of this title.
Precedence of section 2034 survivor annuity over death-in-service annuity
If a former spouse who is eligible for a death-in-service annuity under this section is or becomes eligible for an annuity under section 2034 of this title, the annuity provided under this section shall not be payable and shall be superseded by the annuity under section 2034 of this title.
Annuities for surviving children
Participants dying before
In the case of a participant who before , died before separation or retirement from the Agency and who was survived by a child or children—
if the participant was survived by a spouse, there shall be paid from the fund to or on behalf of each such surviving child an annuity determined under section 2031(d)(3)(A) of this title; and
if the participant was not survived by a spouse, there shall be paid from the fund to or on behalf of each such surviving child an annuity determined under section 2031(d)(3)(B) of this title.
Participants dying on or after
In the case of a participant who on or after , dies before separation or retirement from the Agency and who is survived by a child or children—
if the participant is survived by a spouse or former spouse who is the natural or adoptive parent of a surviving child of the participant, there shall be paid from the fund to or on behalf of each such surviving child an annuity determined under section 2031(d)(3)(A) of this title; and
if the participant is not survived by a spouse or former spouse who is the natural or adoptive parent of a surviving child of the participant, there shall be paid to or on behalf of each such surviving child an annuity determined under section 2031(d)(3)(B) of this title.
“Former spouse” defined
For purposes of this subsection, the term “former spouse” includes any former wife or husband of a participant, regardless of the length of marriage or the amount of creditable service completed by the participant.
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 § 232 · 78 Stat. 1043
Enacted · 50 U.S.C. § 2052
Pub. L. 88–643, title II, § 232, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3223
Source evidence
Code source credit
Pub. L. 88–643, title II, § 232, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3223Enacted provision · exact public law section
Sec. 232. death in service (a) In case a participant dies and no claim for annuity is payable under the provisions of this Act, his contributions to the fund, with interest at the rates prescribed in sections 241(a) and 281(a), shall be paid in the order of precedence shown in section 241(b). (b) If a participant, who has at least five years of service credit toward retirement under the system, excluding military or naval service that is credited in accordance with the provisions of section 251 or 252(a)(2), dies before separation or retirement from the Agency and is survived by a widow or a dependent widower, as defined in section 204, such widow or dependent widower shall be entitled to an annuity equal to 55 per centum of the annuity computed in accordance with the provisions of section 221(a). The annuity of such widow or dependent widower shall commence on the date following death of the participant and shall terminate upon death or remarriage of the widow or dependent widower, or upon the dependent widower’s becoming capable of self-support. (c) If a participant who has at least five years of service credit toward retirement, under the system, excluding military or naval service that is credited in accordance with the provisions of section 251 or 252(a)(2), dies before separation or retirement from the Agency and is survived by a wife or a husband and a child or children, each surviving child shall be entitled to an annuity computed in accordance with the provisions of section 221(c)(1). The child’s annuity shall begin and be terminated in accordance with the provisions of section 221 (e). Upon the death of the surviving wife or husband or termination of the annuity of a child, the annuities of any remaining children shall be recomputed and paid as though such wife or husband or child had not survived the participant. (d) If a participant who has at least five years of service credit toward retirement under the system, excluding military or naval service that is credited in accordance with the provisions of section 251 or 252(a)(2), dies before separation or retirement from the Agency and is not survived by a wife or husband, but by a child or children, each surviving child shall be entitled to an annuity computed in accordance with the provisions of section 221(c)(2). The child’s annuity shall begin and terminate in accordance with the provisions of section 221(e). Upon termination of the annuity of a child, the annuities of any remaining children shall be recomputed and paid as though that child had never been entitled to the benefit.Intelligence Authorization Act for Fiscal Year 1994
Pub. L. 103–178 title II § 202(a)(9) · 107 Stat. 2024
Substituted · 50 U.S.C. § 2052(b)(4)
Pub. L. 103–178 substituted “eligible for an annuity under section 2034” for “eligible for an annuity under section 2032”
Source evidence
Code amendment note
Subsec. (b)(4). Pub. L. 103–178 substituted “eligible for an annuity under section 2034” for “eligible for an annuity under section 2032”.Enacted provision · exact public law section
(9) in section 232(b)(4) (50 U.S.C. 2052(b)(4)), by striking “section 222” and inserting in lieu thereof “section 224”;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.National Defense Authorization Act for Fiscal Year 2020
Pub. L. 116–92 div. E title LXII § 6202(a)(2)(A)(i) · 133 Stat. 1198
Substituted · 50 U.S.C. § 2052(b)(1)
Pub. L. 116–92 substituted “2031(i),” for “2031(h),”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 116–92 substituted “2031(i),” for “2031(h),”.
2 of 3 references resolved to an enrolled provision · 1 partial
Editorial Notes
Prior Provisions
A prior section 232 of Pub. L. 88–643, title II, , 78 Stat. 1048; Pub. L. 91–185, § 4, , 83 Stat. 848; Pub. L. 94–522, title II, § 208, , 90 Stat. 2471; Pub. L. 99–335, title V, § 501(2), , 100 Stat. 622; Pub. L. 100–178, title IV, § 402(a), , 101 Stat. 1013; Pub. L. 101–193, title III, § 303, , 103 Stat. 1703; Pub. L. 102–88, title III, § 305(a)(3), , 105 Stat. 432; Pub. L. 102–183, title III, § 302(b), (c), , 105 Stat. 1262, 1263; Pub. L. 102–496, title III, § 304(b), , 106 Stat. 3183, related to death in service 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.
Amendments1993–2019 · 2 rounds
2019
Subsec. (b)(1). Pub. L. 116–92 substituted “2031(i),” for “2031(h),”.
1993
Subsec. (b)(4). Pub. L. 103–178 substituted “eligible for an annuity under section 2034” for “eligible for an annuity under section 2032”.
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.
Credits
1992–2019 · 3 acts
- 1992Pub. L. 88–643, title II, § 232, as added Pub. L. 102–496, title VIII, § 802, , 106 Stat. 3223
- 1993amended Pub. L. 103–178, title II, § 202(a)(9), , 107 Stat. 2026
- 2019Pub. L. 116–92, div. E, title LXII, § 6202(a)(2)(A)(i), , 133 Stat. 2185.
Show as published
(Pub. L. 88–643, title II, § 232, as added Pub. L. 102–496, title VIII, § 802, , 106 Stat. 3223; amended Pub. L. 103–178, title II, § 202(a)(9), , 107 Stat. 2026; Pub. L. 116–92, div. E, title LXII, § 6202(a)(2)(A)(i), , 133 Stat. 2185.)