Waiver of Dual Compensation Provisions of the Central Intelligence Agency Retirement Act of 1964
Signed November 27, 2001·George W. Bush·66 FR 59671
Source
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Plain-language summary
Authorizes the Director of Central Intelligence to waive dual compensation reduction provisions of the Central Intelligence Agency Retirement Act, which normally reduce pay for retirees who return to work while also receiving an annuity. The waiver applies only to employees serving on a temporary basis, and only when needed because of an emergency involving a direct threat to life or property, or other unusual circumstances. Employees who receive both salary and annuity under this waiver cannot earn additional retirement benefits during that employment period. The authority may be delegated. The order states it does not create any legally enforceable right or benefit for any party against the United States or its agencies, officers, or employees.
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Claimed authority
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 292 of the Central Intelligence Agency Retirement Act of 1964, as amended (50 U.S.C. 2141), and in order to conform the Central Intelligence Agency Retirement and Disability System to the Civil Service Retirement and Disability System, it is hereby ordered
Quoted from the order as written. Many orders cite nothing more specific than “the Constitution and the laws”; this reproduces what the order claims, not an assessment of whether it holds.
The order, in full
Executive Order 13236 of November 27, 2001
Waiver of Dual Compensation Provisions of the
Central Intelligence Agency Retirement Act of 1964
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including section 292 of the Central
Intelligence Agency Retirement Act of 1964, as amended
(50 U.S.C. 2141), and in order to conform the Central
Intelligence Agency Retirement and Disability System to
the Civil Service Retirement and Disability System, it
is hereby ordered as follows:
Section 1. The Director of Central Intelligence may
waive the application of the dual compensation
reduction provisions of sections 271 and 273 of the
Central Intelligence Agency Retirement Act (50 U.S.C.
2111 and 2113) for an employee serving on a temporary
basis, but only if, and for so long as, the authority
is necessary due to an emergency involving a direct
threat to life or property or other unusual
circumstances. Employees who receive both salary and
annuity pursuant to this authority may not earn
additional retirement benefits during this period of
employment. This authority may be delegated as
appropriate.
Sec. 2. Nothing contained in this order is intended to
create, nor does it create, any right, benefit, or
privilege, substantive or procedural, enforceable at
law by a party against the United States, its agencies,
officers, employees, or any other person.
(Presidential Sig.)B
THE WHITE HOUSE,
November 27, 2001.Reproduced from the Federal Register plain-text record, signed November 27, 2001. Typesetting artifacts are removed; no wording is changed.