Editorial Notes
Statutory Notes and Related Subsidiaries
Effective Date of 2004 Amendment
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Effective Date of 1993 Amendment
Pub. L. 103–178, title II, § 202(b), Dec. 3, 1993, 107 Stat. 2027, provided that:
“The amendments made by subsection (a) [amending this section and sections
2011,
2021,
2031,
2032,
2034,
2035,
2051,
2052,
2054,
2071,
2094,
2095,
2131, and
2154 of this title] shall take effect as of
February 1, 1993.”
Effective Date
Pub. L. 102–496, title VIII, § 805, Oct. 24, 1992, 106 Stat. 3254, provided that:
“The amendments made by sections
802 and
803 [enacting this chapter and amending sections
3514,
3518,
3519, and
3607 of this title, sections 8347 and 8423 of Title 5, Government Organization and
Employees, and
section 1605 of Title 10, Armed Forces] shall take effect on the first day of the fourth month beginning after the date of the enactment of this Act [
Oct. 24, 1992].”
Effective Date of Amendments to Pub. L. 88–643 Prior to Enactment of Pub. L. 102–496
Pub. L. 102–183, title III, § 302(d), Dec. 4, 1991, 105 Stat. 1263, provided that:
“The amendments made by this section [amending sections 204(b)(3), 221(c)–(e), and 232(c)–(e) of
Pub. L. 88–643] shall take effect on the first day of the fourth month beginning after the date of the enactment of this Act [
Dec. 4, 1991] and shall apply with respect to annuities payable to children by reason of the death of a participant or annuitant on or after that date.”
Pub. L. 102–183, title III, § 303(b), Dec. 4, 1991, 105 Stat. 1264, provided that:
“(1) The amendments made by subsection (a) [amending section 221(p)–(r) of Pub. L. 88–643] shall take effect on the first day of the fourth month beginning after the date of the enactment of this Act [Dec. 4, 1991].
“(2)
“(B) In applying the provisions of paragraph (1)(B) of section 221(q) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (as added by subsection (a)(2)) to a participant or former participant who retires before the effective date specified in paragraph (1)—
“(i)
the 18-month period referred to in that paragraph shall be considered to begin on the effective date specified in paragraph (1); and
“(ii)
the amount referred to in paragraph (2) of that section (as added by subsection (a)(2)) shall be computed without regard to the provisions of subparagraph (B)(ii) of such paragraph (relating to interest).”
Pub. L. 102–183, title III, § 306(c), Dec. 4, 1991, 105 Stat. 1265, provided that:
“(1)
The amendment made by subsection (a)(1) [amending
section 226(a) of Pub. L. 88–643] shall be deemed to have become effective as of
September 30, 1990, and shall apply in the case of annuitants whose divorce occurs on or after that date.
“(2)
The amendments made by subsections (a)(2) and (a)(3) [amending
section 226(a) of Pub. L. 88–643] shall be deemed to have become effective as of
September 29, 1988.”
Pub. L. 102–183, title III, § 309(b), Dec. 4, 1991, 105 Stat. 1266, provided that:
“Subsection (h) of section 304 of the
Central Intelligence Agency Retirement Act of 1964 for Certain
Employees [
Pub. L. 88–643], as added by subsection (a), shall be deemed to have become effective as of
December 2, 1987.”
Pub. L. 102–183, title III, § 310(b), Dec. 4, 1991, 105 Stat. 1267, provided that:
“The amendment made by subsection (a) [amending
section 204(b)(4) of Pub. L. 88–643] shall apply only to a former husband or wife of a participant or
former participant whose divorce from the participant or
former participant becomes final after the date of the enactment of this Act [
Dec. 4, 1991].”
Pub. L. 102–88, title III, § 305(b), Aug. 14, 1991, 105 Stat. 432, provided that:
“(1)
The amendments made by subsection (a) [amending sections 221, 222, and 232 of
Pub. L. 88–643] relating to widows or widowers shall apply in the case of a
surviving spouse’s remarriage occurring on or after
July 27, 1989, and with respect to periods beginning after such date.
“(2)
The amendments made by subsection (a) relating to
former spouses shall apply with respect to any
former spouse whose remarriage occurs after the date of enactment of this Act [
Aug. 14, 1991].”
Amendment by section 307 of Pub. L. 102–88 (amending sections 224 and 225 of Pub. L. 88–643) effective as of Oct. 1, 1990, and no benefits provided pursuant to such amendment to be payable with respect to any period before such date, see section 307(d) of Pub. L. 102–88, set out as an Effective Date of 1991 Amendment note under section 3516 of this title.
Pub. L. 101–193, title III, § 304(b), Nov. 30, 1989, 103 Stat. 1703, provided that:
“The amendment made by this section [amending
section 224(a)(2) of Pub. L. 88–643] shall be effective as of
October 1, 1986.”
Pub. L. 100–453, title III, § 302(b)(2), Sept. 29, 1988, 102 Stat. 1907, provided that:
“The amendments made by paragraph (1) [amending
section 224 of Pub. L. 88–643] shall take effect as of
October 1, 1986.”
Pub. L. 100–453, title III, § 302(c)(2), Sept. 29, 1988, 102 Stat. 1907, provided that:
“The amendment made by paragraph (1) [amending
section 225(a) of Pub. L. 88–643] shall take effect as of
December 2, 1987.”
Pub. L. 100–453, title III, § 302(d)(3), Sept. 29, 1988, 102 Stat. 1907, provided that:
“The amendment made by this subsection [amending section 221(n), (p) of
Pub. L. 88–643] shall apply to marriages which occur on or after
May 7, 1985.”
Pub. L. 100–178, title IV, § 402(c)–(e), Dec. 2, 1987, 101 Stat. 1014, provided that:
“(c)
(1)
Except as provided in paragraph (2), the amendments made by this section [amending
section 3514 of this title and sections 221(o)(2), 232(b), and 304 of
Pub. L. 88–643] shall take effect on
November 15, 1982, the effective date of the
Central Intelligence Agency Spouses’ Retirement Equity Act of 1982.
“(2)
The amendment made by subsection (b)(2) [amending
section 304 of Pub. L. 88–643] shall take effect on
January 1, 1987, the effective date of the Federal
Employees’ Retirement System Act of 1986.
“(d)
Nothing in this section or any amendment made by this section shall be construed to require the forfeiture by any individual of benefits received before the date of the enactment of this Act [Dec. 2, 1987].
“(e)
Nothing in this section or any amendment made by this section shall be construed to require a reduction in the level of benefits received by any individual who was receiving benefits under section 232 of the
Central Intelligence Agency Retirement Act of 1964 for Certain
Employees [
Pub. L. 88–643] before the date of enactment of this Act [
Dec. 2, 1987]”.
Amendment by section 302(a) of Pub. L. 99–569 (enacting section 224 of Pub. L. 88–643) effective Oct. 1, 1986, see section 302(d) of Pub. L. 99–569, set out as an Effective Date of 1986 Amendment note under section 3514 of this title.
Pub. L. 97–269, title VI, § 613, Sept. 27, 1982, 96 Stat. 1154, provided that:
“(c)
Except to the extent provided in section 223 of the
Central Intelligence Agency Retirement Act of 1964 for Certain
Employees [
Pub. L. 88–643], the provisions of section 221(b) (as amended by this title) and the provisions of subsections (b) and (c) of section 222 of such Act, as added by this title, regarding the rights of
former spouses to receive survivor annuities shall apply in the case of any individual who after the effective date of this title [
Nov. 15, 1982] becomes a
former spouse of a participant or
former participant in the
Central Intelligence Agency Retirement and Disability System.”
Pub. L. 94–522, title II, § 215, Oct. 17, 1976, 90 Stat. 2472, provided that:
“(a)
This Act [amending
Pub. L. 88–643] shall become effective
October 1, 1976.
“(b)
The amendments made by sections 201(a), (b), (c), and (d), 202, and 208 [amending sections 204(a), (b)(2), (3)(i), 221(b) and 232(b) of
Pub. L. 88–643] shall not apply in the case of participants who died before
January 8, 1971. The amendments made by section 201(e) [amending
section 204 of Pub. L. 88–643] shall not apply in the case of participants who died before
April 9, 1974. The rights of such persons and their survivors shall continue in the same manner and to the same extent as if such amendments had not been enacted.
“(c)
The amendment made by
section 203 [enacting
section 221(f)(2) of Pub. L. 88–643] shall apply to a participant who married prior to enactment [
Oct. 17, 1976] but only if the election is made within one year after enactment [
Oct. 17, 1976].
“(d)
The amendment made by section 210 [amending
section 251 of Pub. L. 88–643] is effective only with respect to annuity accruing for full months beginning after
January 8, 1971; but any part of a period of separation referred to in such amendment in which the participant or
former participant was receiving benefits under
chapter 81 of title 5, United States Code or any earlier statute on which such chapter is based shall be counted whether the person returns to duty before, on, or after
January 8, 1971. With respect to any person retired before such date of enactment, any such part of a period of separation shall be counted only upon application of the retired person.
“(e)
The amendment in section 211 [amending
section 252(a)(2) of Pub. L. 88–643] to credit certain service in the Public Health Service is effective as of
April 8, 1960, and the amendment to credit certain service in the
National Oceanic and Atmospheric Administration is effective as of
September 14, 1961.
“(g)
The amendment to recompute a reduced annuity during periods when not married in section 202 [amending
section 221(b) of Pub. L. 88–643] shall apply to annuities which commence before, on, or after the date of enactment of this Act [
Oct. 17, 1976], but no increase in annuity shall be paid for any period prior to
November 1, 1974.
“(h)
Annuity increases under
sections 204 [enacting section 221(l) of
Pub. L. 88–643] and 214 [set out below] shall apply to annuities which commence before, on, or after the date of enactment of this Act [
Oct. 17, 1976], but no increase in annuity shall be paid for any period prior to
August 1, 1974, or the date on which the annuity commences, whichever is later.”
Pub. L. 93–210, § 1(b), Dec. 28, 1973, 87 Stat. 908, provided that:
“The amendments made by subsection (a) [amending
section 291(b) of Pub. L. 88–643] shall apply only with respect to annuities which commence on or after
July 2, 1973.”
Pub. L. 91–185, § 6, Dec. 30, 1969, 83 Stat. 849, provided that:
“(a)
The amendments made by section 1 [amending
section 211(a) of Pub. L. 88–643, set out above] shall become effective at the beginning of the first applicable pay period beginning after
December 31, 1969.
“(b)
The amendments made by sections 3, 4 [amending sections 231(a) and 232(h) of
Pub. L. 88–643], and 2 [amending
section 221 of Pub. L. 88–643], with the exception of 2(c) [amending subsec. (c) thereof], shall become effective
October 20, 1969.
“(c)
The amendments made by sections 2(c) and 5 [amending sections 221(c) and 291 of
Pub. L. 88–643] shall become effective
November 1, 1969.
“(d)
The amendments made by sections 2(a), 2(e), 3, and 4(a)(1)–(2) [amending section 221(a), adding section 221(h), and amending sections 231(a) and 232(b) of
Pub. L. 88–643] shall not apply in the cases of persons retired or otherwise separated prior to
October 20, 1969, and the rights of such persons and their survivors shall continue in the same manner and to the same extent as if such sections had not been enacted.”
Short Title of 1992 Amendment
Pub. L. 102–496, title VIII, § 801, Oct. 24, 1992, 106 Stat. 3196, provided that:
“This title [enacting this chapter, amending sections
403n,
403r,
403r–1, and
403s of this title, sections 8347 and 8423 of Title 5, Government Organization and
Employees, section 1605 of Title 10, Armed Forces and sections 4071b to 4071d of Title 22, Foreign Relations and Intercourse, enacting provisions set out as notes under this section, and amending provisions set out as a note under
section 402 of this title] may be cited as the ‘
CIARDS Technical Corrections Act of 1992’.”
Funding Requirements for Amendments to Pub. L. 88–643 Prior to Enactment of Pub. L. 102–496
Pub. L. 100–453, title III, § 302(e), Sept. 29, 1988, 102 Stat. 1907, provided that:
“Any new spending authority (within the meaning of section 401(c) of the
Congressional Budget Act of 1974 [
2 U.S.C. 651(c)]) provided pursuant to the amendments made by this section [enacting section 226 and amending sections 221, 224, and 225 of
Pub. L. 88–643] shall be effective for any fiscal year only to such extent or in such amounts as are provided in appropriations Acts.”
For provision that any new spending authority (within the meaning of section 401(c) of the Congressional Budget Act of 1974) provided pursuant to the amendments made to sections 224 and 225 of Pub. L. 88–643 by section 307 of Pub. L. 102–88 be effective for any fiscal year only to such extent or in such amounts as are provided in advance in appropriation Acts, see section 307(c) of Pub. L. 102–88, set out as a Compliance With Budget Act note under section 3516 of this title.
Central Intelligence Agency Retirement and Disability Fund; Annuity Increase Payment; Monthly Rate
Pub. L. 94–522, title II, § 214, Oct. 17, 1976, 90 Stat. 2472, provided that:
“(a)
An annuity payable from the Central Intelligence Agency Retirement and Disability Fund to an annuitant which is based on a separation occurring prior to October 20, 1969, is increased by $240 per annum.
“(b)
In lieu of any increase based on an increase under subsection (a) of this section, an annuity payable from the
Central Intelligence Agency Retirement and Disability Fund to the
surviving spouse of an annuitant, which is based on a separation occurring prior to
October 20, 1969, shall be increased by $132 per annum.
Temporary Retirement Contributions and Procedures for Certain Participants
For temporary provisions providing modified contributions and procedures for officers and employees participating in the Central Intelligence Agency Retirement and Disability System who are also required to pay employment taxes relating to benefits under title II of the Social Security Act, 42 U.S.C. 401 et seq., until they are covered by a new Government retirement system or Jan. 1, 1986, whichever is earlier, see title II of Pub. L. 98–168, set out as a note under section 8331 of Title 5, Government Organization and Employees.
Contingent Once-a-Year Adjustment in Annuities
For provisions which directed the President, subject to certain conditions, to provide for a single cost-of-living adjustment in the annuities paid under the Central Intelligence Agency Retirement Act of 1964 for Certain Employees [Pub. L. 88–643] during the period Sept. 1, 1980, to Aug. 31, 1981, and which further directed that, subject to the enactment of specified legislation providing for the adjustment of annuities paid under section 8331 et seq. of Title 5, Government Organization and Employees, the President exercise the authority vested in him under section 292 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees [Pub. L. 88–643] to provide for cost-of-living adjustments in the annuities paid under that Act on an identical basis, see Pub. L. 96–342, title VIII, § 812(a)(3), (4), (b)(3), (4), (c), Sept. 8, 1980, 94 Stat. 1098, set out as a note under section 1401a of Title 10, Armed Forces.
Executive Documents
Executive Order No. 11950
Ex. Ord. No. 11950, Jan. 6, 1977, 42 F.R. 1451, conformed Central Intelligence Agency and Civil Service Retirement and Disability Systems with respect to cost of living increases in annuities when there were increases in the price index.
Executive Order No. 12023
Ex. Ord. No. 12023, Dec. 1, 1977, 42 F.R. 61443, conformed Central Intelligence Agency and Civil Service Retirement and Disability Systems with regard to allotments or assignments of moneys by annuitants.
Executive Order No. 12197
Ex. Ord. No. 12197, Mar. 5, 1980, 45 F.R. 14833, conformed Central Intelligence Agency Retirement and Disability System to amendments to Civil Service Retirement and Disability System with regard to restoration of previously reduced annuities.
Executive Order No. 12253
Ex. Ord. No. 12253, Nov. 25, 1980, 45 F.R. 78995, conformed Central Intelligence Agency and Civil Service Retirement and Disability Systems with regard to definition of “dependent”.
Executive Order No. 12273
Ex. Ord. No. 12273, Jan. 16, 1981, 46 F.R. 5854, conformed Central Intelligence Agency and Civil Service Retirement and Disability Systems with regard to cost-of-living increases to annuities.
Executive Order No. 12326
Ex. Ord. No. 12326, Sept. 30, 1981, 46 F.R. 48889, as amended by Ex. Ord. No. 12443, Sept. 27, 1983, 48 F.R. 44751, conformed Central Intelligence Agency and Civil Service Retirement and Disability Systems with regard to notification of loss or reduction of survivor benefits, computation of annuities, cost-of-living increases, accuracy of information, and withholding of State income tax.
Executive Order No. 12443
Ex. Ord. No. 12443, Sept. 27, 1983, 48 F.R. 44751, conformed Central Intelligence Agency and Civil Service Retirement and Disability Systems with regard to restoration of disability retirement annuities, entitlement to and computation and payment of annuities, accuracy of information, and adjustments in amounts.
Executive Order No. 12485
Ex. Ord. No. 12485, July 13, 1984, 49 F.R. 28827, conformed Central Intelligence Agency Retirement and Disability System and Civil Service Retirement and Disability System with regard to prior service credit.
Executive Order No. 12684
Ex. Ord. No. 12684, July 27, 1989, 54 F.R. 31643, conformed Central Intelligence Agency and Civil Service Retirement and Disability Systems with regard to considering part-time service in computing annuities and remarriage of surviving spouses.
