# § 2021. Contributions to fund
**(a)** **In general**
**(1)** **Definition** In this subsection, the term “revised annuity participant” means an individual who—
**(A)** on December 31, 2012—
**(i)** is not a participant;
**(ii)** is not performing qualifying service; and
**(iii)** has less than 5 years of qualifying service; and
**(B)** after December 31, 2012, becomes a participant performing qualifying service.
**(2)** **Contributions**
**(A)** **In general** Except as provided in subsection (d), 7 percent of the basic pay received by a participant other than a revised annuity participant for any pay period shall be deducted and withheld from the pay of that participant and contributed to the fund.
**(B)** **Revised annuity participants** Except as provided in subsection (d), 9.3 percent of the basic pay received by a revised annuity participant for any pay period shall be deducted and withheld from the pay of that revised annuity participant and contributed to the fund.
**(3)** **Agency contributions**
**(A)** **In general** An amount equal to 7 percent of the basic pay received by a participant other than a revised annuity participant shall be contributed to the fund for a pay period for the participant from the appropriation or fund which is used for payment of the participant’s basic pay.
**(B)** **Revised annuity participants** An amount equal to 4.7 percent of the basic pay received by a revised annuity participant shall be contributed to the fund for a pay period for the revised annuity participant from the appropriation or fund which is used for payment of the revised annuity participant’s basic pay.
**(4)** **Deposits to the fund** The amounts deducted and withheld from basic pay, together with the amounts so contributed from the appropriation or fund, shall be deposited by the Director to the credit of the fund.
**(b)** **Consent of participant to deductions from pay** Each participant shall be deemed to consent and agree to such deductions from basic pay, and payment less such deductions shall be a full and complete discharge and acquittance of all claims and demands whatsoever for all regular services during the period covered by such payment, except the right to the benefits to which the participant is entitled under this subchapter, notwithstanding any law, rule, or regulation affecting the individual’s pay.
**(c)** **Treatment of contributions after 35 years of service**
**(1)** **Accrual of interest** section 2031(a)(2) of this titleDecember 31, 1984section 8334(e) of title 5
Amounts deducted and withheld from the basic pay of a participant under this section for pay periods after the first day of the first pay period beginning after the day on which the participant completes 35 years of creditable service computed under sections 2081 and 2082 of this title (excluding service credit for unused sick leave under ) shall accrue interest. Such interest shall accrue at the rate of 3 percent a year through , and thereafter at the rate computed under , and shall be compounded annually from the date on which the amount is so deducted and withheld until the date of the participant’s retirement or death.
**(2)** **Use of amounts withheld after 35 years of service**
**(A)** **Use for deposits due under section 2082(b)** section 2082(b) of this title
Amounts described in paragraph (1), including interest accrued on such amounts, shall be applied upon the participant’s retirement or death toward any deposit due under .
**(B)** **Lump-sum payment** section 2071(c) of this title
Any balance of such amounts not so required for such a deposit shall be refunded to the participant in a lump sum after the participant’s separation (or, in the event of a death in service, to a beneficiary in order of precedence specified in ), subject to prior notification of a current spouse, if any, unless the participant establishes to the satisfaction of the Director, in accordance with regulations which the Director may prescribe, that the participant does not know, and has taken all reasonable steps to determine, the whereabouts of the current spouse.
**(C)** **Purchases of additional elective benefits** In lieu of such a lump-sum payment, the participant may use such amounts—
**(i)** to purchase an additional annuity in accordance with section 2121 of this title; or
**(ii)** provide any additional survivor benefit for a current or former spouse or spouses.
**(d)** **Offset for social security taxes**
**(1)** **Persons covered** In the case of a participant who was a participant subject to this subchapter before January 1, 1984, and whose service—
there shall be deducted and withheld from the basic pay of the participant under this section during any pay period only the amount computed under paragraph (2).
**(A)** is employment for the purposes of title II of the Social Security Act [42 U.S.C. 401 et seq.] and chapter 21 of title 26, and
**(B)** is not creditable service for any purpose under subchapter III of this chapter or chapter 84 of title 5,
**(2)** **Reduction in contribution** The amount deducted and withheld from the basic pay of a participant during any pay period pursuant to paragraph (1) shall be the excess of—
**(A)** the amount determined by multiplying the percent applicable to the participant under subsection (a) by the basic pay payable to the participant for that pay period, over
**(B)** the amount of the taxes deducted and withheld from such basic pay under section 3101(a) of title 26 (relating to old-age, survivors, and disability insurance) for that pay period.
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**Source Credit**: (Pub. L. 88–643, title II, § 211, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3202; amended Pub. L. 103–178, title II, § 202(a)(3), Dec. 3, 1993, 107 Stat. 2026; Pub. L. 112–96, title V, § 5003, Feb. 22, 2012, 126 Stat. 200; Pub. L. 118–31, div. G, title IX, § 7901(d)(1), Dec. 22, 2023, 137 Stat. 1106.)
## Editorial Notes
### References in Text
The Social Security Act, referred to in subsec. (d)(1)(A), is , . Title II of the Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see and Tables.
### Prior Provisions
A prior , title II, , ; , , ; , , ; , §§ 501(2), 502, , , 623; , , , related to compulsory contributions to the fund and was set out as a note under prior to the general amendment of by .
### Amendments
2023—Subsec. (c)(2)(B). substituted “section 2071(c)” for “subsection 2071(c)”.
2012—Subsec. (a). added pars. (1) to (3), redesignated former par. (3) as (4), and struck out former pars. (1) and (2) which related to participant’s contributions and agency contributions, respectively.
1993—Subsec. (c)(2)(B). substituted “prior notification of a current spouse, if any, unless the participant establishes to the satisfaction of the Director, in accordance with regulations which the Director may prescribe, that the participant does not know, and has taken all reasonable steps to determine, the whereabouts of the current spouse” for “the requirement under ”.
## Statutory Notes and Related Subsidiaries
### Effective Date of 1993 Amendment
Amendment by effective , see , set out as a note under .
### Effective Date
Section effective on first day of fourth month beginning after , see , set out as a note under .
### Temporary Adjustment of Contribution Levels
> “Notwithstanding [former] section 211(a)(2) of the Central Intelligence Agency Retirement Act (
>
> ), during the period beginning on
>
> , through
>
> , the Central Intelligence Agency shall contribute 7.5 percent of the basic pay of an employee participating in the Central Intelligence Agency Retirement and Disability System in lieu of the agency contribution otherwise required under section 211(a)(2) of such Act.”
, , , 1356A–54, provided that:
> **“(1)** **Agency contributions.—** Notwithstanding [former] section 211(a)(2) of the Central Intelligence Agency Retirement Act (50 U.S.C. 2021(a)(2)), during the period beginning on October 1, 1997, through September 30, 2002, the Central Intelligence Agency shall contribute 8.51 percent of the basic pay of an employee participating in the Central Intelligence Agency Retirement and Disability System in lieu of the agency contribution otherwise required under section 211(a)(2) of such Act.
>
> **“(2)** **Individual deductions, withholdings, and deposits.—** Notwithstanding [former] section 211(a)(1) of the Central Intelligence Agency Retirement Act (50 U.S.C. 2021(a)(1)) beginning on January 1, 1999, through December 31, 2000, the percentage deducted and withheld from the basic pay of an employee participating in the Central Intelligence Agency Retirement and Disability System shall be as follows:
>
> | | | |
> | --- | --- | --- |
> | | 7.25 | January 1, 1999, to December 31, 1999. |
> | | 7.4 | January 1, 2000, to December 31, 2000.” |
, (2), , , as amended by , , , 1356A–53, provided that: