Page:United States Statutes at Large Volume 118.djvu/3979

 118 STAT. 3949 PUBLIC LAW 108–487—DEC. 23, 2004 ‘‘(1) IN GENERAL.—The Director of the Central Intelligence Agency may establish and administer a nonofficial cover employee life insurance program for designated employees (and the family of such designated employees). A designated employee may not participate in the life insurance program established under this paragraph and the program under chapter 87 of title 5, United States Code, at the same time. ‘‘(2) CONVERSION TO FEDERAL EMPLOYEES GROUP LIFE INSURANCE PROGRAM.— ‘‘(A) IN GENERAL.—A designated employee participating in the life insurance program established under paragraph (1) may convert to coverage under the program under chapter 87 of title 5, United States Code, at any appropriate time determined by the Director of the Central Intelligence Agency (including at the time of separation of service by reason of retirement), if the Director of the Central Intel- ligence Agency determines that the employee’s participa- tion in the life insurance program established under this subsection is no longer necessary to protect from unauthor- ized disclosure— ‘‘(i) intelligence operations; ‘‘(ii) the identities of undercover intelligence offi- cers; ‘‘(iii) intelligence sources and methods; or ‘‘(iv) intelligence cover mechanisms. ‘‘(B) CONVERSION TREATMENT.—Upon a conversion under this paragraph— ‘‘(i) the employee (and family, if applicable) shall be entitled to immediate coverage under chapter 87 of title 5, United States Code; ‘‘(ii) any requirement of prior enrollment in a life insurance program under chapter 87 of that title for continuation of coverage purposes shall not apply; ‘‘(iii) the employee shall be deemed to have had coverage under chapter 87 of that title for the full period of service during which the employee would have been entitled to be insured for purposes of con- tinuing coverage as an annuitant; and ‘‘(iv) the Director of the Central Intelligence Agency shall transmit an amount for deposit in the Employees’ Life Insurance Fund that is necessary to cover any costs of such conversion. ‘‘(C) TRANSMITTED AMOUNTS.—Any amount described under subparagraph (B)(iv) shall be paid from the fund or appropriation used to pay the designated employee. ‘‘(g) EXEMPTION FROM CERTAIN REQUIREMENTS.—The Director of the Central Intelligence Agency may exempt a designated employee from mandatory compliance with any Federal regulation, rule, standardized administrative policy, process, or procedure that the Director of the Central Intelligence Agency determines— ‘‘(1) would be inconsistent with the nonofficial cover of that employee; and ‘‘(2) could expose that employee to detection as a Federal employee. ‘‘(h) TAXATION AND SOCIAL SECURITY.— ‘‘(1) IN GENERAL.—Notwithstanding any other provision of law, a designated employee— VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00483 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4

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