Page:United States Statutes at Large Volume 101 Part 1.djvu/1042

 101 STAT. 1012

PUBLIC LAW 100-178—DEC. 2, 1987

TITLE III—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM -'

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AUTHORIZATION OF APPROPRIATIONS

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SEC. 301. There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund for fiscal year 1988 the sum of $134,700,000. TITLE IV—RETIREMENT AND DEATH IN SERVICE BENEFITS t>

RETIREMENT BENEFITS

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SEC. 401. (a) Part C of title II of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees is amended by adding at the end the following section: " RETIREMENT BENEFITS FOR CERTAIN FORMER SPOUSES

50 USC 403 note.

"SEC. 225. (a) Any individual who was a former spouse of a participant or a former participant on November 15, 1982, shall be entitled, to the extent of available appropriations, and except to the extent such former spouse is disqualified under subsection (b), to benefits— "(1) if married to the participant throughout the creditable service of the participant, equal to 50 per centum of the benefits 'i of the participant; or "(2) if not married to the participant throughout such creditable service, equal to that former spouse's pro rata share of 50 per centum of such benefits. "(b) A former spouse shall not be entitled to benefits under this section if— "(1) the former spouse remarries before age fifty-five; or "(2) the former spouse is less than fifty years of age. "(c)(1) The entitlement of a former spouse to benefits under this section— "(A) shall commence on the later of— ^i "(i) the day the participant upon whose service benefits are based becomes entitled to benefits under this title; "(ii) the first day of the month in which the divorce or '*<'<• annulment involved becomes final; or "(iii) such former spouse's fiftieth birthday; and "(B) shall terminate on the earlier of^ Sv > "(i) the last day of the month before the former spouse dies or remarries before fifty-five years of age; or "(ii) the date the benefits of the participant terminate. "(2) Notwithstanding paragraph (1), in the case of any former spouse of a disability annuitant— "(A) the benefits of the former spouse shall commence on the date the participant would qualify on the basis of his or her creditable service for benefits under this title (other than disability annuity) or the date the disability annuity begins, whichever is later; and "(B) the amount of benefits of the former spouse shall be calculated on the basis of benefits for which the participant would otherwise so qualify.

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