Page:United States Statutes at Large Volume 90 Part 2.djvu/1002

 90 STAT. 2470 Retirement for disability or incapacity, application submittal.

Annuity, termination.

Reinstatement.

PUBLIC LAW 94-522—OCT. 17, 1976

SEC. 205. Section 231(a) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees as amended" (78-SkUi. 1043; U.S.C. 403 note), is amended by adding at the end thereof the following: "Retirement for disability or incapacity may be approved only if the application is submitted before the applicant is separated from the Agency or within one year thereafter. This time limitation may be waived by the Director for a participant or annuitant who at the date of separation from the Agency or within one year thereafter is mentally incompetent, if the application is filed with the Agency within one year from the date of restoration of the participant or annuitant to competency or the appointment of a fiduciary, whichever is earlier.". SKC. 206. Section 231(b) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (78 Stat. 1043; U.S.C. 403 note), is amended— (a) by inserting the figure " (1) " immediately after the letter "(b)"; (b) by striking the words "six months" in the sixth sentence and substitute "one year"; and (c) by adding at the end of the section a new paragraph (2) as follows: "(2) If the annuitant receiving disability retirement annuity is restored to earning capacity, before becoming sixty years of age, payment of the annuity terminates on reemployment by the Government or one year after the end of the calendar year in which earning capacity is restored whichever is earlier. Earning capacity is restored if in each of two succeeding calendar years the income of the annuitant from wages or self-employment or both equals at least 80 per centum of the current rate of pay of the position occupied at the time of retirement.". SEC. 207. Section 231(c) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (78 Stat. 1043; 50 U.S.C. 403 note), is amended— (a) by inserting the figure " (1) " immediately after the letter "(c)"; (b) by inserting immediately after the words "If a recovered" the words: "or restored"; (c) by inserting immediately after the words "shall be considered" the words: "except for service credit"; (d) by inserting immediately after the words "as of the date" the words: "of termination of the disability annuity"; (e) by striking the words: "he was retired for disability"; (f) by striking the period after the last word "provisions" and adding the words: "or he may be placed by the Director in an involuntary retired status if he qualifies under the provisions of section 235(a). Retirement rights under this section shall be based on the provisions of this Act in effect as of the date the disability annuity was discontinued.". (g) by adding at the end of the section a new paragraph (2): "(2) If, based on a current medical examination, the Director determines that a recovered annuitant has, before reaching age sixtytwo, again become totally disabled due to recurrence of the disability for which he was originally retired, his terminated disability annuity (same type and rate) is reinstated from the date of such medical examination. If a restored-to-earning-capacity annuitant has not medically recovered from the disability for which retired and establishes to the Director's satisfaction that his income from wages and selfemployment in any calendar year before reaching age sixty-two was less than 80 per centum of the pay rate attached to the position from

�