retirement benefits

retirement benefits 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 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 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) 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— “(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. “(3) Benefits under this section shall be treated the same as an annuity under section 222(a)(6) for purposes of section 221(g)(2) or any comparable provision of law. “(4)(A) Benefits under this section shall not be payable unless appropriate written application is provided to the Director, complete with any supporting documentation which the Director may by regulation require, within thirty months after the effective date of this section. The Director may waive the thirty-month application requirement under this subparagraph in any case in which the Director determines that the circumstances so warrant. “(B) Upon approval of an application as provided under subparagraph (A), the appropriate benefits shall be payable to the former spouse with respect to all periods before such approval during which the former spouse was entitled to such benefits under this section, but in no event shall benefits be payable under this section with respect to any period before the effective date of this section. “(d) The Director shall— “(1) as soon as possible, but not later than sixty days after the effective date of this section, issue such regulations as may be necessary to carry out this section; and “(2) to the maximum extent practicable, and as soon as possible, inform each individual who was a former spouse of a participant or a former participant on November 15, 1982, of any rights which such individual may have under this section. “(e) Nothing in this section shall be construed to impair, reduce, or otherwise affect the annuity or the entitlement to an annuity of a participant or former participant under this title.” . (b) Section 14(a) of the Central Intelligence Agency Act of 1949 is amended by inserting “225,” after “223, 224,”.