Central Intelligence Agency Spouses' Retirement Equity Act of 1982

(Reported to Senate from the Select Committee on Intelligence with amendment, S. Rept.97-484)

Central Intelligence Agency Spouses' Retirement Equity Act of 1982 - Amends the Central Intelligence Agency Retirement Act of 1964 for Certain Employees to include among the persons entitled to receive annuities from the Central Intelligence Agency Retirement and Disability Fund a former spouse who was married to a Central Intelligence Agency employee entitled to such annuities (a participant) for at least ten years during such participant's periods of creditable service, at least five years of which the participant and the former spouse spent outside the United States.

Provides that a retired participant who is married or has a former spouse who has not remarried before age 60 shall receive a reduced annuity and provide a survivor annuity for his or her spouse or former spouse. Permits a married participant and his or her spouse to elect jointly to waive a survivor annuity for such spouse or to reduce the amount of the survivor annuity. Permits a participant and his or her former spouse to elect jointly by spousal agreement to waive a survivor annuity for the former spouse. Authorizes the Director of Central Intelligence to prescribe regulations under which a participant may make such elections independently if the participant cannot discover the whereabouts of his or her spouse or former spouse.

Limits the amount of the annuity for a surviving spouse in any case in which there is also a surviving former spouse of a participant.

Requires that a survivor annuity which is terminated because of remarriage be restored, at the same rate, on the date such remarriage is dissolved if any lump sum paid upon termination of the annuity is returned to the fund.

Prohibits the entitlement of a participant's surviving former spouse to a survivor annuity from the fund, unless the surviving former spouse elects to receive it instead of any other survivor benefits to which he or she may be entitled on the basis of another marriage.

Requires a married annuitant who reverts to retired status with entitlement to a supplemental annuity pursuant to such Act to have the supplemental annuity reduced by ten percent to provide a supplemental survivor annuity for his or her spouse, unless the annuitant and his or her spouse jointly elect to the contrary at the time of reversion. Provides for such a supplemental survivor annuity in any case in which a participant has a former spouse who was married to the participant during a period of recall service and who qualifies for an annuity under this Act.

Provides for the recomputation of an annuity which is reduced to provide a survivor benefit for a spouse if the participant's marriage to that spouse is dissolved. Permits a participant to elect irrevocably, within one year of a remarriage, to receive again a reduced annuity in order to provide a survivor annuity for the new spouse. Requires that such reduction be equal to the reduction in effect before the dissolution of the previous marriage. Makes such a reduction effective the first day of the first month one year after the date of the remarriage.

Requires the Director, on an annual basis, to inform participants of their rights of election, and spouses and former spouses of participants of their rights, under this Act.

Sets forth the rules for computation of annuities for former spouses of participants. Disqualifies a former spouse from receiving an annuity if before the commencement of that annuity the former spouse remarries before becoming 50 years of age. Provides for the commencement of an annuity for a former spouse on the later of: (1) the day the participant, upon whose service the annuity is based, becomes entitled to an annuity; or (2) the first day of the month in which the dissolution of the marriage becomes final. Provides for the termination of an annuity for a former spouse on: (1) the last day of the month before the former spouse dies or remarries before age 60; or (2) the date the participant's annuity terminates. Requires that a participant's annuity be reduced by the amount of the annuity paid to any former spouse. Provides that if a participant whose annuity is so reduced is recalled to service or reemployed, such person's salary shall be reduced by the same amount.

Sets forth rules for the commencement and calculation of annuities for former spouses of disability annuitants.

Sets forth the rules for the computation of survivor annuities for former spouses. Disqualifies a former spouse from receiving a survivor annuity if before the commencement of the annuity the former spouse remarries before becoming 60 years of age. Provides for the commencement of a survivor annuity for a former spouse on the day after the annuitant dies. Provides for its termination on the last day of the month before the former spouse's death or remarriage before age 60. Permits the restoration of a survivor annuity terminated because of remarriage on the date the remarriage is dissolved if any lump sum paid upon termination of the annuity is returned to the fund.

Prohibits the adjustment by court order of the amount of a survivor annuity for a former spouse after the participant's death. Provides for the recomputation of an annuity which is reduced to provide a survivor annuity for a former spouse if the former spouse dies or remarries before age 60.

Restricts the amount available for a survivor annuity for another individual once a survivor annuity has been provided for any former spouse. Permits a participant to elect, or agree to, an additional survivor annuity for other former spouses or a surviving spouse if the participant passes a physical examination.

Limits the total amount of survivor annuities which a participant may provide from his or her annuity. Specifies the methods for providing survivor annuities for former spouses and spouses.

Permits a participant to elect, by spousal agreement, to provide a survivor annuity for a former spouse who is not eligible for survivorship benefits under this Act.

Sets forth rules for the payment to a former spouse of a portion of any lump-sum payment for retirement contributions to which a participant, who separates from the Agency after at least five years but before becoming eligible for an annuity, is entitled. Reduces a participant's lump-sum payment by the amount paid to his or her former spouse. Permits the Director to pay such lump-sum payment to a participant only upon receipt of an express written waiver of the participant's current spouse and any former spouse with whom the participant has not concluded a final property settlement.

Requires the Director to make annuity payments to a participant's child, survivor, or former spouse according to the terms of any legally enforceable spousal agreement between, or court decree involving, the participant and that former spouse. Provides that any such payments shall bar recovery by any other person.

Requires a participant's retirement contributions, deducted beginning with the first pay period after the participant has completed 35 years of service, to be applied toward any special contribution required to obtain CIA retirement credit for prior civilian service, with the balance to be refunded in a lump sum to the participant upon separation, subject to the notification and consent of a spouse or former spouse. Authorizes a participant to use such sums to provide for an additional annuity or other elective benefits.

Amends the Central Intelligence Agency Act of 1949 to entitle a qualified former spouse of an Agency employee who is a participant in the Civil Service Retirement and Disability System to a specified portion of the employee's annuity and to a survivor annuity under such system. Requires the administration of such benefits in a manner comparable to the manner in which benefits for former spouses are administered under the Central Intelligence Agency Retirement and Disability System. Requires the Director of the Office of Personnel Management to issue regulations to implement such provisions.