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50 U.S.C. § 3519Special rules for disability retirement and death-in-service benefits with respect to certain employees

submitted 77 years ago by Pub. L. 101-193 to r/title-50-WAR-AND-NATIONAL-DEFENSE · 451 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section provides special disability-retirement and survivor-annuity rules for certain Agency employees who were not designated participants in the Agency retirement system. The resulting annuities are treated as chapter 83 annuities and paid from the Agency retirement fund.

(a) Even if another law says otherwise, an Agency officer or employee covered by the retirement system in subchapter III of chapter 83 of title 5 must be retired under 50 U.S.C. § 2051, instead of under 5 U.S.C. § 8337, if all of these conditions apply: (1) the person has 5 years of civilian service credit toward retirement under that subchapter; (2) the person has not been designated under 50 U.S.C. § 2013 as a participant in the Agency Retirement and Disability System; (3) the person became disabled while assigned to duties that qualify for that designation; and (4) the person meets the disability-retirement requirements in 5 U.S.C. § 8337. The retirement may happen on the person’s application or on the Director’s order, and the annuity is computed under § 2051. (b) Even if another law says otherwise, a survivor of an Agency officer or employee covered by that retirement system is entitled to an annuity computed under 50 U.S.C. § 2052, instead of under 5 U.S.C. § 8341, if all of these conditions apply: (1) the person had at least 18 months of civilian service credit toward retirement under that subchapter; (2) the person was not designated under § 2013 as an Agency Retirement and Disability System participant; (3) the person died before separating or retiring from the Agency while assigned to qualifying duties; and (4) the person left a surviving spouse, former spouse, or child as defined in 50 U.S.C. § 2002 who would otherwise receive an annuity under § 8341. (c) Annuities under subsections (a) and (b) are treated as annuities under chapter 83 of title 5 for that chapter’s other provisions and for other laws, including title 26, that concern those annuities. They are paid from the Central Intelligence Agency Retirement and Disability Fund maintained under 50 U.S.C. § 2012.
the actual law source: uscode.house.gov ↗public domain
(a) Officers and employees to whom section 2051 rules apply

Notwithstanding any other provision of law, an officer or employee of the Central Intelligence Agency subject to retirement system coverage under subchapter III of chapter 83 of title 5 who—

(1)

has five years of civilian service credit toward retirement under such subchapter III of chapter 83, title 5;

(2)

has not been designated under section 2013 of this title as a participant in the Central Intelligence Agency Retirement and Disability System;

(3)

has become disabled during a period of assignment to the performance of duties that are qualifying toward such designation under such section 2013 of this title; and

(4)

satisfies the requirements for disability retirement under section 8337 of title 5

shall, upon his own application or upon order of the Director, be retired on an annuity computed in accordance with the rules prescribed in section 2051 of this title, in lieu of an annuity computed as provided by section 8337 of title 5.

(b) Survivors of officers and employees to whom section 2052 rules apply

Notwithstanding any other provision of law, in the case of an officer or employee of the Central Intelligence Agency subject to retirement system coverage under subchapter III of chapter 83, title 5, who—

(1)

has at least eighteen months of civilian service credit toward retirement under such subchapter III of chapter 83, title 5;

(2)

has not been designated under section 2013 of this title,1 as a participant in the Central Intelligence Agency Retirement and Disability System;

(3)

prior to separation or retirement from the Agency, dies during a period of assignment to the performance of duties that are qualifying toward such designation under such section 2013 of this title; and

(4)

is survived by a surviving spouse, former spouse, or child as defined in section 2002 of this title, who would otherwise be entitled to an annuity under section 8341 of title 5

such surviving spouse, former spouse, or child of such officer or employee shall be entitled to an annuity computed in accordance with section 2052 of this title, in lieu of an annuity computed in accordance with section 8341 of title 5.

(c) Annuities under this section deemed annuities under chapter 83 of title 5

The annuities provided under subsections (a) and (b) of this section shall be deemed to be annuities under chapter 83 of title 5 for purposes of the other provisions of such chapter and other laws (including title 26) relating to such annuities, and shall be payable from the Central Intelligence Agency Retirement and Disability Fund maintained pursuant to section 2012 of this title.

Source credit: (June 20, 1949, ch. 227, § 19, as added Pub. L. 101–193, title III, § 307(a), Nov. 30, 1989, 103 Stat. 1705; amended Pub. L. 102–496, title VIII, § 803(a)(3), Oct. 24, 1992, 106 Stat. 3252; Pub. L. 103–178, title V, § 501(3), Dec. 3, 1993, 107 Stat. 2038; Pub. L. 118–31, div. G, title IX, § 7901(g)(5), Dec. 22, 2023, 137 Stat. 1107.)

history & why it existsrecord from the source credit
  • 1949Enacted · Pub. L. 101-193 · 103 Stat. 1705
  • 1992Amended · Pub. L. 102-496 · 106 Stat. 3252
  • 1993Amended · Pub. L. 103-178 · 107 Stat. 2038
  • 2023Amended · Pub. L. 118-31 · 137 Stat. 1107

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-193 on 1949-06-20.

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