Page:United States Statutes at Large Volume 106 Part 4.djvu/489

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PUBLIC LAW 102-496—OCT. 24, 1992 106 STAT. 3225 to or on behalf of each such surviving child an annuity determined under section 221(d)(3)(A); and "(B) if the participant is not survived by a spouse or former spouse who is the natural or adoptive parent of a surviving child of the participant, there shall be paid to or on behali' of each such surviving child an annuity determined under section 221(d)(3)(B).

    • (3) FORMER SPOUSE DEFINED.— For purposes of this subsection, the term 'former spouse' includes any former wife or

husband of a participant, regardless of the length of marriage or the amount of creditable service completed by the participant. "SEC. 233. VOLUNTARY RETIREMENT. 50 USC 2053. "A participant who is at least 50 years of age and has completed 20 years of service may, on the participant's application and with the consent of the Director, be retired from the Agency and receive benefits in accordance with the provisions of section 221 if the participant has not less than 10 years of service with the Agency. "SEC. 234. DISCONTINUED SERVICE BENEFITS. 50 USC 2054. "(a) DEFERRED ANNUITY.— A participant who separates from the Agency may, upon separation or at any time before the commencement of an annuity under this title, elect—

    • (1) to have the participant's contributions to the fund

returned to the participant in accordance with section 241(a); or "(2) except in a case in which the Director determines that separation was based in whole or in part on the groiind of disloyalty to the United States, to leave the contributions in the funa and receive an annuity, computed as prescribed in section 221, commencing at age 62. "(b) REFUND OF CONTRIBUTIONS IF FORMER PARTICIPANT DIES BEFORE AGE 62. —If a participant who qualifies under subsection (a) to receive a deferred annuity commencing at age 62 dies before reaching age 62, the participant's contributions to the fund, with interest, shall be paid in accordance with the provisions of sections 241 and 281. "SEC. 236. MANDATORY RETIREMENT. 50 USC 2055. "(a) INVOLUNTARY RETIREMENT. — "(1) AUTHORITY OF DIRECTOR.—The Director may, in the Director's discretion, place in a retired status any participant in the system described in paragraph (2). "(2) Paragraph (1) applies with respect to any participant who has not less than 10 years of service with the Agency and who— "(A) has completed at least 25 years of service; or "(B) is at least 50 years of age and has completed at least 20 years of service, "(b) MANDATORY RETIREMENT FOR AGE. — "(1) IN GENERAL. — ^A participant in the system shall be automatically retired from the Agency— "(A) upon reaching age 65, in the case of a participant in the system receiving compensation under the Senior Intelligence Service pay schedule at the rate of level 4 or above; and