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U.S. Code as of:
01/19/04
Section 403r. Special annuity computation rules for certain employees' service abroad
(a) Officers and employees to whom rules apply
Notwithstanding any provision of chapter 83 of title 5, the
annuity under subchapter III of such chapter of an officer or
employee of the Central Intelligence Agency who retires on or after
October 1, 1989, is not designated under section 2013 of this
title, and has served abroad as an officer or employee of the
Agency on or after January 1, 1987, shall be computed as provided
in subsection (b) of this section.
(b) Computation rules
(1) The portion of the annuity relating to such service abroad
that is actually performed at any time during the officer's or
employee's first ten years of total service shall be computed at
the rate and using the percent of average pay specified in section
8339(a)(3) of title 5 that is normally applicable only to so much
of an employee's total service as exceeds ten years.
(2) The portion of the annuity relating to service abroad as
described in subsection (a) of this section but that is actually
performed at any time after the officer's or employee's first ten
years of total service shall be computed as provided in section
8339(a)(3) of title 5; but, in addition, the officer or employee
shall be deemed for annuity computation purposes to have actually
performed an equivalent period of service abroad during his or her
first ten years of total service, and in calculating the portion of
the officer's or employee's annuity for his or her first ten years
of total service, the computation rate and percent of average pay
specified in paragraph (1) shall also be applied to the period of
such deemed or equivalent service abroad.
(3) The portion of the annuity relating to other service by an
officer or employee as described in subsection (a) of this section
shall be computed as provided in the provisions of section 8339(a)
of title 5 that would otherwise be applicable to such service.
(4) For purposes of this subsection, the term "total service" has
the meaning given such term under chapter 83 of title 5.
(c) Annuities deemed annuities under section 8339 of title 5
For purposes of subsections (f) through (m) of section 8339 of
title 5, an annuity computed under this section shall be deemed to
be an annuity computed under subsections (a) and (o) (!1) of
section 8339 of title 5.
(d) Officers and employees entitled to greater annuities under
section 8339 of title 5
The provisions of subsection (a) of this section shall not apply
to an officer or employee of the Central Intelligence Agency who
would otherwise be entitled to a greater annuity computed under an
otherwise applicable subsection of section 8339 of title 5.
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