[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 981 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 981

To provide for the payment of retirement and survivor annuities to, and 
   to improve access to health insurance for, certain ex-spouses of 
             employees of the Central Intelligence Agency.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 18, 1993

Mrs. Kennelly introduced the following bill; which was referred to the 
               Permanent Select Committee on Intelligence

_______________________________________________________________________

                                 A BILL


 
To provide for the payment of retirement and survivor annuities to, and 
   to improve access to health insurance for, certain ex-spouses of 
             employees of the Central Intelligence Agency.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SURVIVOR ANNUITY FOR CERTAIN EX-SPOUSES OF CENTRAL 
              INTELLIGENCE AGENCY EMPLOYEES.

    (a) Survivor Annuity.--
            (1) Entitlement of former wife or husband.--Any person who 
        was divorced on or before December 4, 1991, from a participant 
        or retired participant in the Central Intelligence Agency 
        Retirement and Disability System (CIARDS) and who was married 
        to such participant for not less than 10 years during such 
        participant's creditable service, at least five years of which 
        were spent by the participant during the participant's service 
        as an employee of the Central Intelligence Agency outside the 
        United States, or otherwise in a position the duties of which 
        qualified the participant for designation by the Director of 
        Central Intelligence as a participant under section 203 of the 
        Central Intelligence Agency Retirement Act (50 U.S.C. 2013), 
        shall be entitled, except to the extent such person is 
        disqualified under subsection (b), to a survivor annuity equal 
        to 55 percent of the greater of--
                    (A) the unreduced amount of the participant's 
                annuity, as computed under section 221(a) of such Act; 
                or
                    (B) the unreduced amount of what such annuity as so 
                computed would be if the participant had not elected 
                payment of the lump-sum credit under section 294 of 
                such Act.
            (2) Reduction in survivor annuity.--A survivor annuity 
        payable under this section shall be reduced by an amount equal 
        to any survivor annuity payments made to the former wife or 
        husband under section 226 of such Act.
    (b) Limitations.--A former wife or husband is not entitled to a 
survivor annuity under this section if--
            (1) the former wife or husband remarries before age 55, 
        except that the entitlement of the former wife or husband to 
        such a survivor annuity shall be restored on the date such 
        remarriage is dissolved by death, annulment, or divorce;
            (2) the former wife or husband is less than 50 years of 
        age; or
            (3) the former wife or husband meets the definition of 
        ``former spouse'' that was in effect under section 204(b)(4) of 
        the Central Intelligence Agency Retirement Act of 1964 for 
        Certain Employees before December 4, 1991.
    (c) Commencement and Termination of Annuity.--
            (1) Commencement of annuity.--The entitlement of a former 
        wife or husband to a survivor annuity under this section shall 
        commence--
                    (A) in the case of a former wife or husband of a 
                participant or retired participant who is deceased as 
                of October 1, 1993, beginning on the later of--
                            (i) the 60th day after such date; or
                            (ii) the date on which the former wife or 
                        husband reaches age 50; and
                    (B) in the case of any other former wife or 
                husband, beginning on the latest of--
                            (i) the date on which the participant or 
                        retired participant to whom the former wife or 
                        husband was married dies;
                            (ii) the 60th day after October 1, 1993; or
                            (iii) the date on which the former wife or 
                        husband attains age 50.
            (2) Termination of annuity.--The entitlement of a former 
        wife or husband to a survivor annuity under this section 
        terminates on the last day of the month before the former 
        wife's or husband's death or remarriage before attaining age 
        55. The entitlement of a former wife or husband to such a 
        survivor annuity shall be restored on the date such remarriage 
        is dissolved by death, annulment, or divorce.
    (d) Election of Benefits.--A former wife or husband of a 
participant or retired participant shall not become entitled under this 
section to a survivor annuity or to the restoration of the survivor 
annuity unless the former wife or husband elects to receive it instead 
of any other survivor annuity to which the former wife or husband may 
be entitled under CIARDS or any other retirement system for Government 
employees on the basis of a marriage to someone other than the 
participant.
    (e) Application.--
            (1) Time limit; waiver.--A survivor annuity under this 
        section shall not be payable unless appropriate written 
        application is provided to the Director, complete with any 
        supporting documentation which the Director may by regulation 
        require. Any such application shall be submitted not later than 
        October 1, 1994. The Director may waive the application 
        deadline under the preceding sentence in any case in which the 
        Director determines that the circumstances warrant such a 
        waiver.
            (2) Retroactive benefits.--Upon approval of an application 
        provided under paragraph (1), the appropriate survivor annuity 
        shall be payable to the former wife or husband with respect to 
        all periods before such approval during which the former wife 
        or husband was entitled to such annuity under this section, but 
        in no event shall a survivor annuity be payable under this 
        section with respect to any period before October 1, 1993.
    (f) Restoration of Annuity.--Notwithstanding subsection (e)(1), the 
deadline by which an application for a survivor annuity must be 
submitted shall not apply in cases in which a former spouse's 
entitlement to such a survivor annuity is restored after October 1, 
1993, under subsection (b)(1) or (c)(2).
    (g) Applicability in Cases of Participants Transferred to FERS.--
            (1) Entitlement.--Except as provided in paragraph (2), this 
        section shall apply to a former wife or husband of a CIARDS 
        participant who has elected to become subject to chapter 84 of 
        title 5, United States Code.
            (2) Amount of annuity.--The survivor annuity of a person 
        covered by paragraph (1) shall be equal to 50 percent of the 
        unreduced amount of the participant's annuity computed in 
        accordance with section 302(a) of the Federal Employees' 
        Retirement System Act of 1986 and shall be reduced by an amount 
        equal to any survivor annuity payments made to the former wife 
        or husband under section 8445 of title 5, United States Code.

SEC. 2. RETIREMENT ANNUITY FOR CERTAIN EX-SPOUSES OF CIA EMPLOYEES.

    (a) Retirement Annuity.--
            (1) Entitlement of former wife or husband.--A person 
        described in section 1(a)(1) shall be entitled, except to the 
        extent such former spouse is disqualified under subsection (b), 
        to an annuity--
                    (A) if married to the participant throughout the 
                creditable service of the participant, equal to 50 
                percent of the annuity of the participant; or
                    (B) if not married to the participant throughout 
                such creditable service, equal to that former wife's or 
                husband's pro rata share of 50 percent of such annuity 
                (determined in accordance with section 222(a)(1)(B) of 
                the Central Intelligence Agency Retirement Act (50 
                U.S.C. 2032 (a)(1)(B)).
            (2) Reduction in retirement annuities.--
                    (A) Amount of reduction.--An annuity payable under 
                this section shall be reduced by an amount equal to any 
                apportionment payments payable to the former wife or 
                husband pursuant to the terms of a court order incident 
                to the dissolution of the marriage of such former 
                spouse and the participant, former participant, or 
                retired participant.
                    (B) Definition of terms.--For purposes of 
                subparagraph (A):
                            (i) Apportionment.--The term 
                        ``apportionment'' means a portion of a retired 
                        participant's annuity payable to a former wife 
                        or husband either by the retired participant or 
                        the Government in accordance with the terms of 
                        a court order.
                            (ii) Court order.--The term ``court order'' 
                        means any decree of divorce or annulment or any 
                        court order or court-approved property 
                        settlement agreement incident to such decree.
    (b) Limitations.--A former wife or husband is not entitled to an 
annuity under this section if--
            (1) the former wife or husband remarries before age 55, 
        except that the entitlement of the former wife or husband to an 
        annuity under this section shall be restored on the date such 
        remarriage is dissolved by death, annulment, or divorce;
            (2) the former wife or husband is less than 50 years of 
        age; or
            (3) the former wife or husband meets the definition of 
        ``former spouse'' that was in effect under section 204(b)(4) of 
        the Central Intelligence Agency Retirement Act of 1964 for 
        Certain Employees before December 4, 1991.
    (c) Commencement and Termination.--
            (1) Retirement annuities.--The entitlement of a former wife 
        or husband to an annuity under this section--
                    (A) shall commence on the later of--
                            (i) October 1, 1993;
                            (ii) the day the participant upon whose 
                        service the right to the annuity is based 
                        becomes entitled to an annuity under such Act; 
                        or
                            (iii) such former wife's or husband's 50th 
                        birthday; and
                    (B) shall terminate on the earlier of--
                            (i) the last day of the month before the 
                        former wife or husband dies or remarries before 
                        55 years of age, except that the entitlement of 
                        the former wife or husband to an annuity under 
                        this section shall be restored on the date such 
                        remarriage is dissolved by death, annulment, or 
                        divorce; or
                            (ii) the date on which the annuity of the 
                        participant terminates.
            (2) Disability annuities.--Notwithstanding paragraph 
        (1)(A)(ii), in the case of a former wife or husband of a 
        disability annuitant--
                    (A) the annuity of the former wife or husband shall 
                commence on the date on which the participant would 
                qualify on the basis of the participant's creditable 
                service for an annuity under the Central Intelligence 
                Agency Retirement Act (other than a disability annuity) 
                or the date the disability annuity begins, whichever is 
                later; and
                    (B) the amount of the annuity of the former wife or 
                husband shall be calculated on the basis of the annuity 
                for which the participant would otherwise so qualify.
            (3) Election of benefits.--A former wife or husband of a 
        participant or retired participant shall not become entitled 
        under this section to an annuity or to the restoration of an 
        annuity unless the former wife or husband elects to receive it 
        instead of any other annuity to which the former wife or 
        husband may be entitled under CIARDS or any other retirement 
        system for Government employees on the basis of a marriage to 
        someone other than the participant.
            (4) Application.--
                    (A) Time limit; waiver.--An annuity under this 
                section shall not be payable unless appropriate written 
                application is provided to the Director of Central 
                Intelligence, complete with any supporting 
                documentation which the Director may by regulation 
                require, not later than October 1, 1994. The Director 
                may waive the application deadline under the preceding 
                sentence in any case in which the Director determines 
                that the circumstances warrant such a waiver.
                    (B) Retroactive benefits.--Upon approval of an 
                application under subparagraph (A), the appropriate 
                annuity shall be payable to the former wife or husband 
                with respect to all periods before such approval during 
                which the former wife or husband was entitled to an 
                annuity under this section, but in no event shall an 
                annuity be payable under this section with respect to 
                any period before October 1, 1993.
    (d) Restoration of Annuities.--Notwithstanding subsection 
(c)(4)(A), the deadline by which an application for a retirement 
annuity must be submitted shall not apply in cases in which a former 
spouse's entitlement to such annuity is restored after October 1, 1993, 
under subsection (b)(1) or (c)(1)(B).
    (e) Applicability in Cases of Participants Transferred to FERS.--
The provisions of this section shall apply to a former wife or husband 
of a CIARDS participant who has elected to become subject to chapter 84 
of title 5, United States Code. For purposes of this subsection, any 
reference in this section to a participant's CIARDS annuity shall be 
deemed to refer to the transferred participant's annuity computed in 
accordance with section 302(a) of the Federal Employees' Retirement 
System Act of 1986.
    (f) Savings Provision.--Nothing in this section shall be construed 
to impair, reduce, or otherwise affect the annuity or the entitlement 
to an annuity of a participant or former participant under title II or 
III of the Central Intelligence Agency Retirement Act.

SEC. 3. HEALTH BENEFITS.

    (a) In General.--Section 16 of the Central Intelligence Agency Act 
of 1949 (50 U.S.C. 403p) is amended--
            (1) by redesignating subsections (c) through (e) as 
        subsections (d) through (f), respectively;
            (2) by inserting after subsection (b) the following new 
        subsection (c):
    ``(c) Eligibility of Former Wives or Husbands.--(1) Notwithstanding 
subsections (a) and (b) and except as provided in subsection (d), an 
individual--
            ``(A) who was divorced on or before December 4, 1991, from 
        a participant or retired participant in the Central 
        Intelligence Agency Retirement and Disability System or the 
        Federal Employees Retirement System Special Category;
            ``(B) who was married to such participant for not less than 
        ten years during the participant's creditable service, at least 
        five years of which were spent by the participant during the 
        participant's service as an employee of the Agency outside the 
        United States, or otherwise in a position the duties of which 
        qualified the participant for designation by the Director of 
        Central Intelligence as a participant under section 203 of the 
        Central Intelligence Agency Retirement Act (50 U.S.C. 2013); 
        and
            ``(C) who was enrolled in a health benefits plan as a 
        family member at any time during the 18-month period before the 
        date of dissolution of the marriage to such participant;
is eligible for coverage under a health benefits plan.
    ``(2) A former spouse eligible for coverage under paragraph (1) may 
enroll in a health benefits plan in accordance with subsection (b)(1), 
except that the election for such enrollment must be submitted within 
60 days after the date on which the Director notifies the former spouse 
of such individual's eligibility for health insurance coverage under 
this subsection.''.
    (b) Conforming Amendment.--Subsection (a) of such section is 
amended by striking out ``subsection (c)(1)'' and inserting in lieu 
thereof  ``subsection (d)''.

SEC. 4. SOURCE OF PAYMENT FOR ANNUITIES.

    Annuities provided under sections 1 and 2 shall be payable from the 
Central Intelligence Agency Retirement and Disability Fund maintained 
under section 202 of the Central Intelligence Agency Retirement Act (50 
U.S.C. 2012).

SEC. 5. EFFECTIVE DATE.

    Sections 1 through 3 shall take effect as of October 1, 1993. No 
benefits provided pursuant to those sections shall be payable with 
respect to any period before that date.

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