Page:United States Statutes at Large Volume 90 Part 2.djvu/1003

 PUBLIC LAW 94-522—OCT. 17, 1976

90 STAT. 2471

which he retired, his terminated disability annuity (same type and rate) is reinstated from the first of the next following year. I f he has been allowed an involuntary or voluntary retirement annuity in the meantime, his reinstated disability annuity is substituted for it unless he elects to retain the former benefit.". SEC, 208. Section 232(b) 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 striking "dependent" wherever it occurs; and (b) by inserting a period after "section 2 2 1 (g) " and striking the remainder of the section. SEC. 209. Section 2 4 1 (b)(1) 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 to read as follows: " (1) To the beneficiary or beneficiaries designated by such particip a n t in a signed and witnessed writing received by the Agency before his death. For this purpose, a designation, change, or cancellation of beneficiary in a will or other document not so executed and filed shall have no force or effect;". SEC. 210. Section 251 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 striking "the Federal Employees' Compensation Act of September 7, 1916, as amended (5 U.S.C. 751 et seq.)" and inserting in lieu thereof "chapter 81 of title 5, United States Code, or any earlier statute on which such chapter is based"; and (b) by adding a t the end thereof the following new sentence: " A participant or former participant who returns to Government duty after a period of separation shall have included in his period of service that part of the period of separation in which he was receiving benefits under chapter 81 of title 5, United States Code, or any earlier statute on which such chapter is based.". SEC. 211. Section 252 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 by striking the period at the end of paragraph (a)(2) thereof and adding the following: "or active and honorable service in the Regular or Reserve Corps of the Public Health Service after June 30, 1960, o r as a commissioned officer of the National Oceanic and Atmospheric Administration after June 30, 1961.". SEC. 212. The Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (78 Stat. 1043; 50 U.S.C. 403 note), is amended by a d d i n g in " P A R T G — M O N E Y S " thereof the following new

section 264: "RECOVERY o r PAYMENTS

" SEC. 264. Recovery of payments under this Act may not be made from an individual when in the judgment of the Director, the individual is without fault and recovery would be against equity and good conscience. W i t h h o l d i n g or recovery of money mentioned by this Act on account of a certification or payment made by a former employee of the Central Intelligence Agency in the discharge of his official duties may be made if the Director certifies that the certification or payment involved fraud on the part of the former employee.". SEC. 213. The Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (78 Stat. 1043; 50 U.S.C. 403 note), is amended by adding a t the end thereof the following new section:

Death in service.

Length of service, computation.

5 USC 8101. Prior service credit.

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