---
kind: "section"
citation: "50 U.S.C. § 2002"
title: "50"
title_heading: "War and National Defense"
number: "2002"
heading: "Definitions relating to participants and annuitants"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/50/2002"
units:
  - "Chapter 38 — Central Intelligence Agency Retirement and Disability"
  - "Subchapter I — Definitions"
---

# §2002. Definitions relating to participants and annuitants

- (a) **General definitions—** When used in subchapter II:
  - (1) **Former participant—** The term “former participant” means a person who—
    - (A) while an [employee](/usc/50/2001.md?p=9) of the [Agency](/usc/50/2001.md?p=1) was a participant in the system; and
    - (B) separates from the [Agency](/usc/50/2001.md?p=1) without entitlement to immediate receipt of an annuity from the fund.
  - (2) **Retired participant—** The term “retired participant” means a person who—
    - (A) while an [employee](/usc/50/2001.md?p=9) of the [Agency](/usc/50/2001.md?p=1) was a participant in the system; and
    - (B) is entitled to receive an annuity from the fund based upon such person’s service as a participant.
  - (3) **Surviving spouse—**
    - (A) **In general—** The term “surviving spouse” means the surviving wife or husband of a participant or [retired participant](#a-2) who (i) was married to the participant or [retired participant](#a-2) for at least 9 months immediately preceding the participant’s or [retired participant](#a-2)’s death, or (ii) who is the parent of a [child](#b-1) born of the marriage.
    - (B) **Treatment when participant dies less than 9 months after marriage—** In a case in which the participant or [retired participant](#a-2) dies within the 9-month period beginning on the date of the marriage, the requirement under subparagraph (A)(i) that a marriage have a duration of at least 9 months immediately preceding the death of the participant or [retired participant](#a-2) shall be treated as having been met if—
      - (i) the death of the participant or [retired participant](#a-2) was accidental; or
      - (ii) the surviving wife or husband had been previously married to the participant or [retired participant](#a-2) (and subsequently divorced) and the aggregate time married is at least 9 months.
  - (4) **Former spouse—** The term “former spouse” means a former wife or husband of a participant, [former participant](#a-1), or [retired participant](#a-2) as follows:
    - (A) **Divorces on or before December 4, 1991—** In the case of a divorce that became final on or before December 4, 1991, such term means a former wife or husband of a participant, [former participant](#a-1), or [retired participant](#a-2) who was married to such participant for not less than 10 years during periods of the participant’s [creditable service](#a-4-C), at least 5 years of which were spent outside the United States by both such participant and former wife or husband during the participant’s service as an [employee](/usc/50/2001.md?p=9) of the [Agency](/usc/50/2001.md?p=1).
    - (B) **Divorces after December 4, 1991—** In the case of a divorce that becomes final after December 4, 1991, such term means a former wife or husband of a participant, [former participant](#a-1), or [retired participant](#a-2) who was married to such participant for not less than 10 years during periods of the participant’s [creditable service](#a-4-C), at least 5 years of which were spent by the participant during the participant’s service as an [employee](/usc/50/2001.md?p=9) of the [Agency](/usc/50/2001.md?p=1) (i) outside the United States, or (ii) otherwise in a position the duties of which qualified the participant for designation by the [Director](/usc/50/2001.md?p=2) as a participant under [section 2013 of this title](/usc/50/2013.md).
    - (C) **Creditable service—** For purposes of subparagraphs [(A)](#a-4-A) and [(B)](#a-4-B), the term “creditable service” means all periods of a participant’s service that are creditable under sections [2081](/usc/50/2081.md), [2082](/usc/50/2082.md), and [2083](/usc/50/2083.md) of this title.
  - (5) **Previous spouse—** The term “previous spouse” means an individual who was married for at least 9 months to a participant, [former participant](#a-1), or [retired participant](#a-2) who had at least 18 months of service which are creditable under sections [2081](/usc/50/2081.md), [2082](/usc/50/2082.md), and [2083](/usc/50/2083.md) of this title.
  - (6) **Spousal agreement—** The term “spousal agreement” means an agreement between a participant, [former participant](#a-1), or [retired participant](#a-2) and the participant, [former participant](#a-1), or [retired participant](#a-2)’s spouse or [former spouse](#a-4) that—
    - (A) is in writing, is signed by the parties, and is notarized;
    - (B) has not been modified by [court order](#a-7); and
    - (C) has been authenticated by the [Director](/usc/50/2001.md?p=2).
  - (7) **Court order—** The term “court order” means—
    - (A) a [court](#a-8) decree of divorce, annulment, or legal separation; or
    - (B) a [court order](#a-7) or [court](#a-8)-approved property settlement agreement incident to such [court](#a-8) decree of divorce, annulment, or legal separation.
  - (8) **Court—** The term “court” means a court of a State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin Islands, and any Indian court.
- (b) **“Child” defined—** For purposes of sections [2031](/usc/50/2031.md) and [2052](/usc/50/2052.md) of this title:
  - (1) **In general—** The term “child” means any of the following:
    - (A) **Minor children—** An unmarried [dependent](#b-3) [child](#b-1) under 18 years of age, including—
      - (i) an adopted [child](#b-1);
      - (ii) a stepchild, but only if the stepchild lived with the participant or [retired participant](#a-2) in a regular parent-[child](#b-1) relationship;
      - (iii) a recognized natural [child](#b-1); and
      - (iv) a [child](#b-1) who lived with the participant, for whom a petition of adoption was filed by the participant or [retired participant](#a-2), and who is adopted by the [surviving spouse](#a-3-A) after the death of the participant or [retired participant](#a-2).
    - (B) **Disabled adult children—** An unmarried [dependent](#b-3) [child](#b-1), regardless of age, who is incapable of self-support because of a physical or mental disability incurred before age 18.
    - (C) **Students—** An unmarried [dependent](#b-3) [child](#b-1) between 18 and 22 years of age who is a student regularly pursuing a full-time course of study or training in residence in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution.
  - (2) **Special rules for students—**
    - (A) **Extension of age termination of status as “child”—** For purposes of this subsection, a [child](#b-1) whose 22nd birthday occurs before July 1 or after August 31 of a calendar year, and while regularly pursuing such a course of study or training, shall be treated as having attained the age of 22 on the first day of July following that birthday.
    - (B) **Treatment of interim period between school years—** A [child](#b-1) who is a student is deemed not to have ceased to be a student during an interim between school years if the interim does not exceed 5 months and if the [child](#b-1) shows to the satisfaction of the [Director](/usc/50/2001.md?p=2) that the [child](#b-1) has a bona fide intention of continuing to pursue a course of study or training in the same or different school during the school semester (or other period into which the school year is divided) immediately following the interim.
  - (3) **“Dependent” defined—** For purposes of this subsection, the term “dependent”, with respect to the [child](#b-1) of a participant or [retired participant](#a-2), means that the participant or [retired participant](#a-2) was, at the time of the death of the participant or [retired participant](#a-2), either living with or contributing to the support of the [child](#b-1), as determined in accordance with regulations prescribed under subchapter II.
  - (4) **Exclusion of stepchildren from lump-sum payment—** For purposes of [section 2071(c) of this title](/usc/50/2071.md?p=c), the term “[child](#b-1)” includes an adopted [child](#b-1) and a natural [child](#b-1), but does not include a stepchild.

## Source credit

(Pub. L. 88–643, title I, § 102, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3198.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 111 of Pub. L. 88–643, title I, Oct. 13, 1964, 78 Stat. 1043; Pub. L. 94–522, title I, § 101, Oct. 17, 1976, 90 Stat. 2467, provided definitions for Pub. L. 88–643 and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.