50 U.S.C. § 3518 — Special annuity computation rules for certain employees’ service abroad

(a) The rules apply to an officer or employee of the Central Intelligence Agency who retires on or after October 1, 1989; is not designated under 50 U.S.C. § 2013; and served abroad as an Agency officer or employee on or after January 1, 1987. Even if chapter 83 of title 5 says otherwise, that person’s annuity under that chapter’s subchapter III must be computed under subsection (b).

(b) (1) The part of the annuity for qualifying overseas service performed during the person’s first 10 years of total service is computed using the rate and percentage of average pay in 5 U.S.C. § 8339(a)(3). That rate normally applies only to service beyond 10 years.

(2) The part for qualifying overseas service performed after the first 10 years is computed under 5 U.S.C. § 8339(a)(3). In addition, for computing the annuity, the person is treated as having performed an equal period of overseas service during the first 10 years. The rate and percentage in paragraph (1) also apply to that treated service when computing the first-10-years portion.

(3) The part for the person’s other service is computed under whichever provisions of 5 U.S.C. § 8339(a) would otherwise apply.

(4) In this subsection, “total service” has the meaning given in chapter 83 of title 5. This section does not define that term.

(c) For 5 U.S.C. § 8339(f) through (m), an annuity computed under this section is treated as an annuity computed under subsections (a) and (o) of § 8339.

(d) Subsection (a) does not apply if the officer or employee would otherwise receive a larger annuity computed under another applicable subsection of 5 U.S.C. § 8339.