(a) A civil action may be brought:
(1) By a participant or beneficiary:
(A) For the relief provided for in subsection (b) of this section; or
(B) To recover benefits due to him under the terms of his retirement program, to enforce his rights under the terms of the retirement program, or to clarify his rights to future benefits under the terms of the Retirement Program;
(2) By a participant or beneficiary, the District of Columbia, or the Retirement Board for appropriate relief under § 1-742; or
(3) By a participant or beneficiary, the District of Columbia, and the Retirement Board:
(A) To enjoin any act or practice that violates any provision of this chapter or the terms of the Retirement Program; or
(B) To obtain other appropriate equitable relief:
(i) To redress any violation; or
(ii) To enforce any provision of this chapter or the terms of an individual retirement program.
(b) If the Retirement Board fails or refuses to comply with a request for any information that the Retirement Board is required by this chapter to furnish to a participant or beneficiary (unless the failure or refusal results from matters reasonably beyond the control of the Board) by mailing the information requested to the last known address of the requesting participant or beneficiary within 30 days after the request, then the Retirement Board may, in the court's discretion, be liable to the participant or beneficiary in an amount of up to $100 a day from the date of the failure or refusal, and the court may order the Retirement Board to provide the required information and may in its discretion order other relief as it considers proper.
(c) The Retirement Board may sue and be sued under this chapter as an entity. Service of summons, subpoena, or other legal process of a court upon the Chairman of the Retirement Board in that capacity shall constitute service upon the Retirement Board.
(d) In any action under this chapter by a participant, beneficiary, fiduciary, or the Retirement Board, the court in its discretion, may grant reasonable attorneys fees and costs of action to either party.
(Sept. 18, 1998, D.C. Law 12-152, § 201, 45 DCR 4045.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-786.1.
Legislative History of Laws
For legislative history of D.C. Law 12-152, see Historical and Statutory Notes following § 1-901.01.
Miscellaneous Notes
Application of Law 12-152: See Historical and Statutory Notes following § 1- 901.01.
For fraud or concealment, an action may be commenced under this chapter not later than 6 years after the date of discovery of a breach or violation. Otherwise, no action may be commenced under this chapter with respect to a fiduciary's breach of any responsibility, duty, or obligation under this chapter, or with respect to a violation of this chapter, after the earlier of:
(1) Six years after:
(A) The date of the last action that constituted a part of the breach or violation; or
(B) For an omission, the latest date on which the fiduciary could have cured the breach or violation; or
(2) Three years after the earliest date:
(A) On which the plaintiff had actual knowledge of the breach or violation; or
(B) On which a report from which he could reasonably be expected to have obtained knowledge of the breach or violation was filed with the Mayor or the Council.
(Sept. 18, 1998, D.C. Law 12-152, § 202, 45 DCR 4045.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-786.2.
Legislative History of Laws
For legislative history of D.C. Law 12-152, see Historical and Statutory Notes following § 1-901.01.
Miscellaneous Notes
Application of Law 12-152: See Historical and Statutory Notes following § 1- 901.01.
Benefits of the retirement programs provided for herein shall not be assigned or alienated, except to the extent expressly permitted by this chapter or by another applicable law.
(Sept. 18, 1998, D.C. Law 12-152, § 203, 45 DCR 4045.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-786.3.
Legislative History of Laws
For legislative history of D.C. Law 12-152, see Historical and Statutory Notes following § 1-901.01.
Miscellaneous Notes
Application of Law 12-152: See Historical and Statutory Notes following § 1- 901.01.
(a) The provisions of this chapter supersede any provisions of other law which are inconsistent with this chapter and the regulations thereunder.
(b) Nothing in this chapter shall be deemed to alter or amend in any way the provisions of existing laws relating to the program of annuities, other retirement benefits, or medical benefits for members and officers, retired members and officers, and survivors thereof, of the United States Park Police force, the United States Secret Service, or the United States Secret Service Uniformed Division.
(Sept. 18, 1998, D.C. Law 12-152, § 204, 45 DCR 4045.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-786.4.
Legislative History of Laws
For legislative history of D.C. Law 12-152, see Historical and Statutory Notes following § 1-901.01.
Miscellaneous Notes
Application of Law 12-152: See Historical and Statutory Notes following § 1- 901.01.
(a) Notwithstanding § 1-711(a), the Mayor, the Chief Financial Officer, the District of Columbia Public Charter School Board, and the Board of Education, or their successors, shall continue to discharge their respective duties under the retirement programs until the Retirement Board notifies the Mayor and the Council of the District of Columbia in writing that the Retirement Board is prepared to carry out the duties and responsibilities established under this chapter; provided, that the notification shall occur no later than 12 months after December 7, 2004.
(b) The Mayor, the Chief Financial Officer, the District of Columbia Public Charter School Board, and the President of the Board of Education, or their successors, shall cooperate with the Retirement Board in developing and periodically updating operating procedures for all District personnel offices providing retirement and survivor benefit services to participants and, if applicable, to individuals eligible for benefits under post employment benefit programs.
(Sept. 18, 1998, D.C. Law 12-152, § 204a, as added Dec. 7, 2004, D.C. Law 15-205, § 1013(c), 51 DCR 8441; Apr. 7, 2006, D.C. Law 16-91, § 125(b)(2), 52 DCR 10637.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 16-91 validated a previously made technical correction.
Legislative History of Laws
For Law 15-205, see notes following § 1-702.
For Law 16-91, see notes following § 1-301.45.
Miscellaneous Notes
Conditional applicability of subtitle B of Title I of D.C. Law 15-205: Section 1015 of D.C. Law 15-205 provides:
"This subtitle shall not apply until the enactment by Congress of section 139 of the fiscal year 2005 Budget Request Act, passed on 1st reading on May 14, 2004 (Enrolled version of Bill 15-765) or until enactment of other Congressional legislation that authorizes the Council of the District of Columbia to transfer authority of the administration of the retirement plans of the District of Columbia, whichever occurs first."
Section 4(a) of Pub. L. 108-489 provides:
"(a) In general. -- Section 424(c)(21) of the District of Columbia Home Rule Act (sec. 1-204.24c(21), D.C. Official Code) is amended by striking 'systems' and inserting the following: 'systems (other than the retirement system for police officers, fire fighters, and teachers)'."
