---
kind: "section"
citation: "50 U.S.C. § 2056"
title: "50"
title_heading: "War and National Defense"
number: "2056"
heading: "Eligibility for annuity"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/50/2056"
units:
  - "Chapter 38 — Central Intelligence Agency Retirement and Disability"
  - "Subchapter II — Central Intelligence Agency Retirement and Disability System"
  - "Part D — Benefits Accruing to Certain Participants"
---

# §2056. Eligibility for annuity

- (a) **One-out-of-two requirement—** A participant must complete, within the last two years before any separation from service (except a separation because of death or disability) at least one year of creditable civilian service during which the participant is subject to this subchapter and in a pay status before the participant or the participant’s survivors are eligible for an annuity under this subchapter based on that separation.
- (b) **Refund of contributions for time not allowed for credit—** If a participant (other than a participant separated from the service because of death or disability) fails to meet the service and pay status requirement of [subsection (a)](#a), any amounts deducted from the participant’s pay during the period for which no eligibility is established based on the separation shall be returned to the participant on the separation.
- (c) **Exception—** Failure to meet the service and pay status requirement of [subsection (a)](#a) shall not deprive the participant or the participant’s survivors of any annuity to which they may be entitled under this subchapter based on a previous separation.

## Source credit

(Pub. L. 88–643, title II, § 236, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3226.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 236 of Pub. L. 88–643, as added Pub. L. 101–193, title III, § 302(2), Nov. 30, 1989, 103 Stat. 1703, related to eligibility for annuity 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.

A prior section 237 of Pub. L. 88–643, title II, formerly § 236, Oct. 13, 1964, 78 Stat. 1049; Pub. L. 91–626, § 4, Dec. 31, 1970, 84 Stat. 1873; Pub. L. 93–31, May 8, 1973, 87 Stat. 65; Pub. L. 99–335, title V, § 501(2), June 6, 1986, 100 Stat. 622, renumbered § 237, Pub. L. 101–193, title III, § 302(1), Nov. 30, 1989, 103 Stat. 1703, related to limitation on number of retirements 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.