(a) There is established, as an independent agency of the government of the District of Columbia, a board of trustees to be known as the District of Columbia Retirement Board which shall have exclusive authority and discretion (subject to the requirements of this chapter) to manage and control the Funds established by this chapter, and for implementation and administration of the retirement program and post employment benefit programs.
(b)(1)(A) The Board shall consist of 12 members selected as follows:
(i) One member or officer of the Metropolitan Police force of the District of Columbia, to be elected by the members and officers of the Metropolitan Police force;
(ii) One retired member or officer of the Metropolitan Police force to be elected by the retired members and officers of the Metropolitan Police force;
(iii) One member or officer of the Fire Department of the District of Columbia, to be elected by the members and officers of the Fire Department;
(iv) One retired member or officer of the Fire Department of the District of Columbia, to be elected by the retired members and officers of the Fire Department;
(v) One teacher in the public day schools of the District of Columbia, to be elected by the teachers of the public day schools of the District of Columbia;
(vi) One teacher in the public day schools of the District of Columbia who is retired, to be elected by the retired teachers of the public day schools of the District of Columbia;
(vii) One senior judge and an alternate senior judge appointed by the Joint Committee on Judicial Administration of the District of Columbia. For purposes of calculating the total number of members of the Board, the senior judge and the alternate senior judge combined shall constitute one member of the Board.
(viii) Three individuals appointed by the Council of the District of Columbia; and
(ix) Three individuals appointed by the Mayor.
(B) A vacancy on the Board shall be filled in the manner in which the original selection was made.
(C) Upon transfer of the assets of the Judges' Retirement Fund to the U.S. Secretary of the Treasury pursuant to Subtitle A of Title XI of the Balanced Budget Act of 1997, approved August 5, 1997 (P.L. 105-33; 111 Stat. 963), the senior judge and the alternative senior judge shall no longer serve on the Board. Thereafter, the Board shall consist of 12 members.
(2) The 1st election of the Board members described in sub-subparagraphs (i) through (vi) of subparagraph (A) of paragraph (1) of this subsection shall be conducted within 6 months after the date of the enactment of this chapter in accordance with regulations which the Mayor shall promulgate. Thereafter, elections shall be conducted by the Board. In any such election, voting shall be by secret ballot, and each individual to be represented on the Board by the winner of such election shall be eligible to vote in such election.
(3)(A) Members of the Board shall each serve a term of 4 years, except that a member selected to fill a vacancy occurring prior to the end of the term for which his predecessor was selected shall only serve until the end of such term. If the portion of the remaining term to be filled is one year or less, the member selected to fill the vacancy shall serve until the end of such term and shall serve a subsequent 4-year term. A member may serve after the expiration of his term until his successor has taken office.
(B) A vote of two-thirds of the members of the Board shall remove any Board member from office for good cause, after notice to the Board member.
(4) Repealed.
(5) Any individual who was selected as a member of the Board under sub-subparagraph (A)(i), (iii), or (v) of paragraph (1) of this subsection and who ceases to be a member or officer of the Metropolitan Police force, member or officer of the Fire Department, or a teacher, as the case may be, may not continue as a member of the Board.
(6) No member of the Board may hold or be a candidate for any elective office in the District of Columbia.
(7) A member of the Board shall not have any personal interest, direct or indirect, except as a participant in a retirement program, in any transaction involving assets of the Funds established by this chapter and shall otherwise comply with the standards of conduct established by subchapter V of this chapter.
(8) Not less than 2 members of the Board appointed by the Mayor and 1 member of the Board appointed by the Council under paragraph (1) of this subsection shall be individuals who have professional experience in the banking, insurance, or investment industry.
(9) Any member of the Board may be removed from the Board by a vote of two thirds of the members of the Board for a breach of fiduciary responsibility with respect to a Fund or for a violation of § 1-744.
(10) The Board shall elect 1 member of the Board to be Chairman of the Board. The Chairman shall be elected for a term of 1 year, but may be removed from such position by a vote of two thirds of the members of the Board.
(11) The Chief Financial Officer of the District of Columbia, his or her successor, or his or her designee, shall be an ex officio member of the Board, but shall not vote, shall not be eligible to be elected Chairman of the Board, and shall not be counted for purposes of a quorum. For purposes of continuity on the board of trustees, the Mayor shall notify the Board in writing if the designated ex officio member of the Board is replaced.
(c)(1) Subject to the availability of appropriations for that purpose, each member of the Board shall be entitled to receive the hourly equivalent of the annual rate of pay in effect for the highest step of grade DS-15 under Chapter 6 of this title for each hour that the member is engaged in the actual performance of duties vested in the Board, except that a member of the Board who is a full-time officer or employee of the District of Columbia or the United States shall not be entitled to receive pay under this subsection for performance of duties vested in the Board during the employee's regularly scheduled working hours, and the total amount to which a member may be entitled under this subsection during a year may not exceed $10,000.
(2) Members of the Board who are employees of the District of Columbia shall be entitled to leave, without loss of pay, leave, or credit for time of service, while engaged in the actual performance of duties vested in the Board. To the extent that Board duties are performed by a District employee during other than the regularly scheduled working hours of the employee, the employee shall be entitled to receive pay in accordance with paragraph (1) of this subsection.
(3) Members of the Board who are eligible to receive compensation under this subsection are exempt from §§ 5-723(e), 38-2061.01, and 1-611.03(b) and (c).
(4) The Board may participate in seminars, conventions, dinners, or similar activities at the expense of a bank, investment manager, brokerage firm, or other entity only if the principal purpose of the activity is to discuss financial matters for the benefit of the participants and beneficiaries of the Fund and the activity is of a nature normally provided free of charge to other institutional investors. Participation in the activities in accordance with this paragraph shall not constitute a violation of subchapter XVIII of Chapter 6 of this title. The Board shall provide a list of these activities, indicating the sponsor and date of each activity, as part of the annual report provided for in § 1-732.
(d)(1) The Board shall meet at least once each calendar quarter at a regular and specified time. It shall meet at such other times as the Chairman or any 3 members of the Board may prescribe.
(2) A majority of members shall constitute a quorum for the transaction of the business of the Board.
(3) Except as otherwise provided in this chapter, actions of the Board shall be determined by a majority vote of the members present and voting.
(e) The Board shall from time to time, or when necessary, promulgate and adopt rules, regulations, and resolutions, and issue directives for the management and administration of the retirement program and for management and control of the Funds. To efficiently administer and implement the retirement program and manage the Funds, the Board may make reasonable interpretations of and implement all governing authorities. All governing authorities shall comply with necessary qualification requirements set forth by the Internal Revenue Code as amended for governmental retirement plans. Governing authorities may constitute the Trust Document for the retirement program and the Funds. Prior to the enactment or adoption of any governing authority, the Retirement Board shall submit a written analysis of the proposed governing authority to the appropriate person including the Mayor, the Council of the District of Columbia, the Chief Financial Officer, the Chairman of the District of Columbia Public Charter School Board, the President of the Board of Education, or their successors, for purposes of fulfilling its fiduciary duties and for continued compliance with Internal Revenue Code qualification requirements.
(f)(1) All administrative expenses incurred by the Board in carrying out this chapter, including compensation for the members of the Board, shall be paid out of funds appropriated for such purpose.
(2) The budget prepared and submitted by the Mayor pursuant to § 1-204.42 shall include recommended expenditures at a reasonable level for the forthcoming fiscal year for the administrative expenses of the Board.
(3) The Mayor and the Council may establish the amount of funds which will be allocated to the Board for administrative expenses, but may not specify the purposes for which such funds may be expended or the amounts which may be expended for the various activities of the Board.
(g)(1) The Board shall engage the services of competent investment counsel or counsels each of whom shall be either:
(A) Registered under title II of An Act To provide for the registration and regulation of investment companies and investment advisers (15 U.S.C. § 80b-1 et seq.) ("Investment Advisers Act of 1940");
(B) A bank, as defined in the Investment Advisers Act of 1940; or
(C) An insurance company qualified to perform investment advisory services under the laws of more than 1 state. The investment counsel or counsels shall be fiduciaries with respect to services rendered to the Board. This fiduciary relationship shall be specified in a written agreement between the investment counsel or counsels and the Board.
(2)(A) As an independent agency of the District government pursuant to this chapter and § 1-603.01(13), the Board may appoint any staff it considers necessary to carry out the responsibilities under this chapter. Except as provided under subsection (k) of this section, staff appointed by the Board shall be subject to Chapter 6 of Title 1.
(B) Notwithstanding the provisions of Unit A of Chapter 14 of Title 2, each qualified District resident applicant for a staff position shall receive an additional 10-point preference over a qualified non-District resident applicant for all positions within the Board unless the applicant declines the preference. This 10-point preference shall be in addition to, and not instead of, qualifications established for the position. All persons hired after February 6, 2008, shall submit proof of residency upon employment in a manner determined by the Board. An applicant claiming the hiring preference under this section shall agree in writing to maintain bona fide District residency for a period of 7 consecutive years from the effective date of hire and shall provide proof of residency annually to the Director of Personnel for the first 7 years of employment. Failure to maintain District residency for the consecutive 7-year period shall result in forfeiture of employment. The Board shall submit to the Mayor and Council annual reports detailing the names of all new employees and their pay schedules, titles, and place of residence.
(C) The Executive Director, who shall be appointed to manage the day-to-day operations of the Board, shall be a District resident throughout his or her term and failure to maintain District residency shall result in a forfeiture of the position.
(h) Not more than 90 days after all initial members of the Board have been selected in accordance with subsection (b) of this section, the Board shall certify in writing to the Director of the Office of Budget and Financial Management of the District of Columbia that the Board is assuming responsibility for the Funds established by this chapter.
(i)(1) The Board shall have the authority to enter into contracts with the governments of the District of Columbia and the United States and other public and private entities to the extent necessary to carry out its responsibilities under this chapter.
(2) The Board shall issue proposed rules governing the procurement of goods and services pursuant to the authority granted in paragraph (1) of this subsection. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved.
(j) In accordance with § 1-809.01, after enactment of Chapter 8 of this title, the Board shall continue to discharge its duties and responsibilities under the retirement program and to the Funds (as the duties and responsibilities are modified by the Retirement Protection Act), including the responsibility for federal benefit payments provided in § 1-903.05, until the Secretary of the U.S. Treasury provides notification to the District government as required under the Retirement Protection Act.
(k) Staff appointed by the Board pursuant to subsection (g)(2) of this section shall not be subject to the provisions of subchapter XI of Chapter 6 of this title. The Board shall have exclusive authority to establish classification and compensation policy for staff appointed by the Board, provided that staff shall not be paid at a rate greater than the highest level authorized for nonunion workers in the District Service schedule. The Board shall establish by regulation a new compensation system for staff appointed by the Board within one year of October 20, 1999. Until a new compensation system is established by regulation, staff appointed by the Board shall be subject to the compensation policy applicable prior to October 20, 1999. The Board shall have exclusive authority to establish by regulation alternative benefits requirements for its employees to insure an efficient system of personnel administration and to recruit and retain highly qualified personnel.
(l) Within 30 days after December 7, 2004, the Board, in consultation with the Chief Financial Officer, shall determine the time and methodology for transferring the necessary functional responsibilities, as defined by rules and regulations issued by the Board from the Office of Payroll and Retirement Services of the Office of Financial Operations and Systems to the Board.
(m) The Board may reasonably rely upon records, statements, and representations from the Mayor, the Chief Financial Officer, the District of Columbia Public Charter School Board, the Secretary of the Board of Education, or its successor, a participant or beneficiary sworn in or acknowledged before an individual authorized to administer oaths, or presenting an affidavit, certification, or other reasonably reliable proof regarding any matter affecting the rights and privileges of a participant or beneficiary under the retirement program and post employment benefit programs.
(Nov. 17, 1979, 93 Stat. 866, Pub. L. 96-122, § 121; Mar. 24, 1990, D.C. Law 8-97, § 2(b), 37 DCR 1046; Sept. 10, 1992, D.C. Law 9-145, § 401(a), 39 DCR 4895; Mar. 16, 1993, D.C. Law 9-201, § 2, 39 DCR 9219; Oct. 29, 1993, 107 Stat. 1349, Pub. L. 103-127, § 139(a); Mar. 16, 1995, D.C. Law 10- 214, § 2, 41 DCR 8034; Apr. 18, 1996, D.C. Law 11-110, § 4, 43 DCR 530; Aug. 5, 1997, 111 Stat. 758, Pub. L. 105-033, § 11252(c); Nov. 19, 1997, 111 Stat. 2184, Pub. L. 105-100, § 152(a); Sept. 18, 1998, D.C. Law 12-152, §§ 205, 206, 45 DCR 4045; Oct. 21, 1998, 112 Stat. 2421, Pub. L. 105-274, § 2(d)(1), (e)(3); Oct. 21, 1998, 112 Stat. 2681-536, Pub. L. 105-277, § 804(d)(1), (e)(3); Oct. 20, 1999, D.C. Law 13-38, § 902, 46 DCR 6373; Nov. 29, 1999, 113 Stat. 1512, Pub. L. 106-113, Para. 35; Apr. 3, 2001, D.C. Law 13-248, § 2(b), 48 DCR 655; Dec. 7, 2004, D.C. Law 15-205, § 1012(b), 51 DCR 8441; Apr. 8, 2005, D.C. Law 15-300, § 2(b), 52 DCR 1504; Apr. 7, 2006, D.C. Law 16-91, § 125(a), 52 DCR 10637; Mar. 2, 2007, D.C. Law 16-191, § 96, 53 DCR 6794; Feb. 6, 2008, D.C. Law 17-108, § 204, 54 DCR 10993.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-711.
1973 Ed., § 1-1811.
Effect of Amendments
Public Law 106-113, in par. (1) of subsec. (c), added "except that in the case of the Chairman of the Board and the Chairman of the Investment Committee of the Board, such amount may not exceed $7,500 (beginning with 2000)".
D.C. Law 13-38 rewrote par. (11) of subsec. (b), which previously read:
"The Director of the Office of Budget and Financial Management of the District of Columbia shall be an ex officio member of the Board, but shall not vote, shall not be eligible to be elected Chairman of the Board, and shall not be counted for purposes of a quorum.";
in par. (2) of subsec. (d), substituted "A majority of members" for "Any 8 members"; added subsec. (k).
D.C. Law 13-248, in subsec. (b), rewrote par. (3) and repealed par. (4) which had read:
"(3)(A) Except as provided in subparagraph (B) of this paragraph, the members of the Board shall each serve a term of 4 years, except that a member selected to fill a vacancy occurring prior to the end of the term for which his predecessor was selected shall only serve until the end of such term. A member may serve after the expiration of his term until his successor has taken office.
"(B) Of the members of the Board who are first selected: (i) Two shall serve for a term of 1 year; (ii) three shall serve for a term of 2 years; (iii) three shall serve for a term of 3 years; and (iv) three shall serve for a term of 4 years; as determined by lot at the 1st meeting of the Board.
"(4) No individual shall serve more than 2 terms as a member of the Board, except that an individual serving less than 2 years of a term to which some other individual was originally selected shall be eligible for 2 full terms as a member of the Board and an individual serving 2 years or more of a term to which some other individual was originally selected shall be eligible for only 1 full term as a member of the Board."
D.C. Law 15-205, in subsec. (a), substituted "by this chapter, and for implementation and administration of the retirement program and post employment benefit programs." for "by this chapter."; rewrote subsec. (e); and added subsecs. (l) and (m). Prior to amendment, subsec. (e) had read as follows:
"(e) The Board shall from time to time promulgate rules and regulations, adopt resolutions, issue directives for the administration and transaction of its business and for the control of the Funds established by this chapter, and perform such other functions as may be necessary to carry out its responsibilities under this chapter."
D.C. Law 15-300, in subsec. (c)(1), substituted "may not exceed $10,000" for "(beginning with 1998) may not exceed $5,000"; in subsec. (g)(2), rewrote the last sentence which had read: "Staff appointed by the Board shall be subject to Chapter 6 of this title."; in subsec. (k), inserted: "The Board shall have exclusive authority to establish by regulation alternative benefits requirements for its employees to insure an efficient system of personnel administration and to recruit and retain highly qualified personnel."
D.C. Law 16-91, in subsec. (a), validated previously made technical corrections.
D.C. Law 16-191, in subsec. (c)(1), deleted ", except that in the case of the Chairman of the Board and the Chairman of the Investment Committee of the Board, such amount may not exceed $7,500 (beginning with 2000)" following "$10,000".
D.C. Law 17-108, in subsec. (g)(2), designated the existing text as subpar. (A) and added subpars. (B) and (C).
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2 of the Retirement Reform Temporary Amendment Act of 1996 (D.C. Law 11-131, May 24, 1996, law notification 43 DCR 2965).
For temporary (225 day) amendment of section, see § 205 of the Police Officers, Fire Fighters, and Teachers Retirement Benefit Replacement Plan Temporary Act of 1997 (D.C. Law 12-58, March 20, 1998, law notification 45 DCR 2093).
For temporary (225 day) amendment of section, see § 2 of the Retirement Reform Temporary Amendment Act of 2000 (D.C. Law 13-205, March 31, 2001, law notification 48 DCR 3236).
Emergency Act Amendments
For temporary amendment of section, see § 205 of the Police Officers, Fire Fighters, and Teachers Retirement Benefit Replacement Plan Emergency Act of 1997 (D.C. Act 12-155, October 1, 1997, 44 DCR 5896), § 205 of the Police Officers, Fire Fighters, and Teachers Retirement Benefit Replacement Plan Congressional Review Emergency Act of 1997 (D.C. Act 12-240, January 13, 1998, 45 DCR 531), § 205 of the Police Officers, Fire Fighters, and Teachers Retirement Benefit Replacement Plan and Fiscal Year 1998 Revised Budget Support Act of 1997 Technical Amendments Emergency Act of 1998 (D.C. Act 12-351, May 20, 1998, 45 DCR 3673), and § 205 of the Police Officers, Fire Fighters, and Teachers Retirement Benefit Replacement Plan and Fiscal Year 1998 Revised Budget Support Act of 1997 Technical Amendments Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-432, August 6, 1998, 45 DCR 5920).
For temporary (90-day) amendment of section, see § 902 of the Service Improvement and Fiscal Year 2000 Budget Support Emergency Act of 1999 (D.C. Act 13-110, July 28, 1999, 46 DCR 6320).
For temporary (90 day) amendment of section, see § 2 of the Retirement Reform Emergency Amendment Act of 2000 (D.C. Act 13-439, October 20, 2000, 47 DCR 8990).
For temporary (90 day) amendment of section, see § 2 of the Retirement Reform Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-526, January 11, 2001, 48 DCR 636).
Legislative History of Laws
For legislative history of D.C. Law 8-97, see Historical and Statutory Notes following § 1-702.
Law 9-134, the "Omnibus Budget Support Temporary Act of 1992," was introduced in Council and assigned Bill No. 9-485. The Bill was adopted on first and second readings on April 7, 1992, and May 6, 1992, respectively. Approved without the signature of the Mayor on May 29, 1992, it was assigned Act No. 9- 219 and transmitted to both Houses of Congress for its review. D.C. Law 9-134 became effective on July 23, 1992.
Law 9-145, the "Omnibus Budget Support Act of 1992," was introduced in Council and assigned Bill No. 9-222, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 12, 1992, and June 2, 1992, respectively. Approved without the signature of the Mayor on June 22, 1992, it was assigned Act No. 9-225 and transmitted to both Houses of Congress for its review. D.C. Law 9-145 became effective on September 10, 1992.
Law 9-201, the "District of Columbia Retirement Board Judicial Appointment Act of 1992," was introduced in Council and assigned Bill No. 9-419, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on October 6, 1992, and November 4, 1992, respectively. Signed by the Mayor on November 25, 1992, it was assigned Act No. 9-326 and transmitted to both Houses of Congress for its review. D.C. Law 9-201 became effective on March 16, 1993.
Law 10-214, the "District of Columbia Retirement Board Judicial Appointment Amendment Act of 1994," was introduced in Council and assigned Bill No. 10-613, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on November 1, 1994, and December 6, 1994, respectively. Signed by the Mayor on December 15, 1994, it was assigned Act No. 10-351 and transmitted to both Houses of Congress for its review. D.C. Law 10-214 became effective on March 16, 1995.
Law 11-110, the "Technical Amendments Act of 1996," was introduced in Council and assigned Bill No. 11-485, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on December 5, 1995, and January 4, 1996, respectively. Signed by the Mayor on January 26, 1996, it was assigned Act No. 11-199 and transmitted to both Houses of Congress for its review. D.C. Law 11-110 became effective on April 18, 1996.
Law 12-152, the "Police Officers, Fire Fighters, and Teachers Retirement Benefit Replacement Plan Act of 1998," was introduced in Council and assigned Bill No. 12-386, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on April 7, 1998, and May 5, 1998, respectively. Signed by the Mayor on May 22, 1998, it was assigned Act No. 12- 369 and transmitted to both Houses of Congress for its review. D.C. Law 12-152 became effective on September 18, 1998.
Law 13-38, the "Service Improvement and Fiscal Year 2000 Budget Support Act of 1999," was introduced in Council and assigned Bill No. 13-161, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 11, 1999, and June 22, 1999, respectively. Signed by the Mayor on July 8, 1999, it was assigned Act No. 13-111 and transmitted to both Houses of Congress for its review. D.C. Law 13-38 became effective on October 20, 1999.
For Law 13-248, see notes following § 1-702.
For Law 15-205, see notes following § 1-702.
For Law 15-300, see notes following § 1-702.
For Law 16-91, see notes following § 1-301.45.
For Law 16-191, see notes following § 1-325.44.
For Law 17-108, see notes following § 1-209.05.
Effective Dates
Section 2(d)(3) of Pub. L. 105-274 and § 804(d)(3) of Pub. L. 105-277 provides that § 11252(c) of Pub. L. 105-33, as renumbered by § 2(d)(1) of Pub. L. 105- 274 and § 804(d)(1) of Pub. L. 105-277, shall take effect on the Dates on which the assets of the District of Columbia Judges Retirement Fund are transferred to the District of Columbia Judicial Retirement and Survivors Annuity Fund.
Resolutions
Resolution 16-335, the "District of Columbia Retirement Board Procurement Rules Amendment Approval Resolution of 2005", was approved effective October 14, 2005.
Miscellaneous Notes
Repeal of Title IV of D.C. Law 9-145: Section 139(a) of Pub. L. 103-127, 107 Stat. 1349, provides that Title IV of the District of Columbia Omnibus Budget Support Act of 1992 (D.C. Law 9-145) is hereby repealed, and any provision of the District of Columbia Retirement Reform Act amended by such title is restored as if such title had not been enacted into law.
Section 139(b) of Pub. L. 103-127 provided that subsection (a) of that section shall apply beginning September 10, 1992.
Application of Law 12-152: Section 209 of D.C. Law 12-152 provided that the act shall apply as of October 1, 1997.
For conditional applicability of subtitle B of Title I of D.C. Law 15-205, see notes under § 1-911.04a.
(a) There is established a fund to be known as the District of Columbia Police Officers and Fire Fighters' Retirement Fund into which shall be deposited the following, which shall constitute the assets of the Fund:
(1) Any amount paid to the Custodian of Retirement Funds pursuant to the last sentence of § 5-706(a) or to § 5-704(e)(1) or to § 5-741;
(2) Any amount appropriated for such Fund under subchapter III of this chapter; and
(3) Any return on investment of the assets of such Fund.
(b) After September 30, 1979, or after the end of the 30-day period beginning on the date on which funds are first appropriated to the District of Columbia Police Officers and Fire Fighters' Retirement Fund, whichever is later, all payments of annuities and other retirement and disability benefits (including refunds and lump-sum payments) under the Policemen and Firemen's Retirement and Disability Act (§ 5-701 et seq.) shall be made from the Fund (except for any such payment which is made to an officer or member of the United States Park Police force, the United States Secret Service Uniformed Division, or the United States Secret Service Division, or to a beneficiary of any such officer or member).
(Nov. 17, 1979, 93 Stat. 866, Pub. L. 96-122, § 122(a).)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-712.
1973 Ed., § 1-1812.
Emergency Act Amendments
Section 5 of D.C. Law 11-218 repealed D.C. Act 11-369.
For temporary repeal of the Police Officers', Fire Fighters', and Teachers' Defined Benefit Pension Program Emergency Establishment Act of 1996 (D.C. Act 11-369, August 21, 1996, 41 DCR 4637), see § 5 of the New Hires Police Officers, Fire Fighters, and Teachers Pension Modification Congressional Adjournment Emergency Amendment Act of 1997 (D.C. Act 12-10, March 3, 1997, 44 DCR 1633).
Legislative History of Laws
Law 11-218, the "New Hires Police Officers, Fire Fighters and Teachers Pension Modification Amendment Act," was introduced in Council and assigned Bill No. 11-316, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on July 3, 1996, and October 1, 1996, respectively. Signed by the Mayor on October 18, 1996, it was assigned Act No. 11-432 and transmitted to both Houses of Congress for its review. D.C. Law 11- 218 became effective on April 9, 1997.
References in Text
The "Executive Protection Service" was changed to "United States Secret Service Uniformed Division," referred to in subsection (b), by the Act of November 15, 1977, 91 Stat. 1371, Pub. L. 95-179.
Miscellaneous Notes
Lump-sum payments to certain retired employees: H.R. 3067, amended by H.R. 99- 419, incorporated in Pub. L. 99-190 by § 101(c), the D.C. Appropriation Act, 1986, provided that notwithstanding any other provisions of law, in the case of each employee who retired from the Fire Department of the District of Columbia before February 15, 1980, and who is receiving from the date of enactment of this act an annuity based on service in the Fire Department, the District of Columbia Retirement Board shall cause to be paid not later than September 30, 1985, to each such employee a lump-sum payment equal to 3 percent of his or her annuity.
Section 101(d) of Pub. L. 99-591, the D.C. Appropriations Act, 1987, provided, that, notwithstanding any other provision of law, in the case of each employee who retired from the Fire Department of the District of Columbia between November 24, 1984, and April 13, 1985 (both dates inclusive), and who on the date of the enactment of this Act are receiving annuities based on service in the Fire Department, the District of Columbia Retirement Board shall cause to be paid not later than October 15, 1986, to each such employee a lump-sum payment equal to 3 percent of his or her annuity.
Federal contribution to retirement funds: Public Law 104-194, 110 Stat. 2356, the District of Columbia Appropriations Act, 1997, provided for the federal contribution to the Police Officers' and Fire Fighters', Teachers', and Judges' Retirement Funds, as authorized by the District of Columbia Retirement Reform Act, approved November 17, 1979 (93 Stat. 866; Public Law 96-122), $52,070,000.
(a)(1) There is established a fund to be known as the District of Columbia Teachers' Retirement Fund into which shall be deposited the following, which shall constitute the assets of the Fund:
(A) Any amount paid to the Custodian of Retirement Funds pursuant to § 38- 2021.01 et seq., or under § 38-2061.02;
(B) Any asset transferred to such Fund under subsection (b) of this section;
(C) Any amount appropriated for such Fund under subchapter III of this chapter; and
(D) Any return on investment of assets of such Fund.
(2) Annuities and other retirement and disability benefits (including refunds and lump-sum payments) payable from the District of Columbia Teachers' Retirement and Annuity Fund established by § 38-2021.02 shall continue to be paid from such Fund until all amounts in such Fund have been expended or transferred under subsection (b) of this section to the District of Columbia Teachers' Retirement Fund, and thereafter such benefits shall be paid from the District of Columbia Teachers' Retirement Fund.
(b) Notwithstanding any other provision of law, any asset held in the District of Columbia Teachers' Retirement and Annuity Fund established by § 38- 2021.02 may be transferred to the District of Columbia Teachers' Retirement Fund established by subsection (a) of this section.
(Nov. 17, 1979, 93 Stat. 866, Pub. L. 96-122, § 123(a), (c).)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-713.
1973 Ed., § 1-1813.
Emergency Act Amendments
Section 5 of D.C. Law 11-218 repealed D.C. Act 11-369.
For temporary repeal of the Police Officers', Fire Fighters', and Teachers' Defined Benefit Pension Program Emergency Establishment Act of 1996 (D.C. Act 11-369, August 21, 1996, 41 DCR 4637), see § 5 of the New Hires Police Officers, Fire Fighters, and Teachers Pension Modification Congressional Adjournment Emergency Amendment Act of 1997 (D.C. Act 12-10, March 3, 1997, 44 DCR 1633).
Legislative History of Laws
For legislative history of D.C. Law 11-218, see Historical and Statutory Notes following § 1-712.
(a) There is established a fund to be known as the District of Columbia Judges' Retirement Fund into which shall be deposited the following (except as provided in § 11-1570), which shall constitute the assets of the Fund:
(1) Any amount deposited pursuant to subchapter III of Chapter 15 of Title 11;
(2) Any asset transferred to such Fund under subsection (b) of this section;
(3) Any amount appropriated for such Fund under subchapter III of this chapter; and
(4) Any return on investment of the assets of such Fund.
(b) Notwithstanding any other provision of law, any asset held in the District of Columbia Judicial Retirement and Survivors Annuity Fund may be transferred to the District of Columbia Judges' Retirement Fund established by subsection (a) of this section.
(c)(1) Notwithstanding any other provision of this chapter or the amendments made by this chapter, upon the date the assets of the Retirement Fund described in subtitle A of title XI of the Balanced Budget Act of 1997 are transferred, the assets of the District of Columbia Judges' Retirement Fund established under subsection (a) shall be transferred to the District of Columbia Judicial Retirement and Survivors Annuity Fund under § 11-1570, and no amounts shall be deposited into the District of Columbia Judges' Retirement Fund after the date on which the assets are so transferred.
(2) In accordance with the direction of the Secretary, the District of Columbia Judges' Retirement Fund established under subsection (a) shall be continued at the Board and used for the purposes provided in this chapter until such time as all amounts in such Fund have been expended or transferred to the District of Columbia Judicial Retirement and Survivors Annuity Fund pursuant to paragraph (1) of this subsection. Thereafter any payments of retirement pay, annuities, refunds, and allowances for judicial personnel of the District of Columbia shall be paid from the District of Columbia Judicial Retirement and Survivors Annuity Fund in accordance with subchapter III of Chapter 15 of Title 11.
(Nov. 17, 1979, 93 Stat. 866, Pub. L. 96-122, § 124(a), (c); Aug. 5, 1997, 111 Stat. 758, Pub. L. 105-33, § 11252(a); Oct. 21, 1998, 112 Stat. 2419, Pub. L. 105-274, § 2(c); Oct. 21, 1998, 112 Stat. ----, Pub. L. 105-277, § 804(c).)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-714.
1973 Ed., § 1-1814.
Emergency Act Amendments
For temporary amendment of section, see § 2 of the Comprehensive Merit Personnel Act Annuity Offset Emergency Amendment Act of 1997 (D.C. Act 12-123, August 1, 1997, 44 DCR 4652), and see § 2 of the Comprehensive Merit Personnel Act Annuity Offset Legislative Review Emergency Amendment Act of 1997 (D.C. Act 12-183, October 30, 1997, 44 DCR 6958).
References in Text
Subtitle A of title XI of the Balanced Budget Act of 1997, referred to in (c)(1), is subtitle A of title XI of Pub. L. 105-33, codified at Chapter 8 of Title 1.
Miscellaneous Notes
Federal contribution to retirement funds: Public Law 104-194, 110 Stat. 2356, the District of Columbia Appropriations Act, 1997, provided for the federal contribution to the Police Officers' and Fire Fighters', Teachers', and Judges' Retirement Funds, as authorized by the District of Columbia Retirement Reform Act, approved November 17, 1979 (93 Stat. 866; Public Law 96-122), $52,070,000.
(a)(1) The District of Columbia Retirement Board shall be the custodian of the assets of each Fund established by this chapter and shall manage and invest such assets in accordance with this chapter. Except as provided in paragraph (2) of this subsection, all assets in the possession or control of the Board shall be held in trust pursuant to a written trust instrument by 1 or more trustees appointed by the Board in its fiduciary capacity. Upon acceptance of the appointment, the trustee or trustees shall have authority and discretion to manage and control the assets assigned to it by the Board except to the extent that authority to manage, acquire, or dispose of assets of the Fund is retained by the Board or is delegated by the Board to 1 or more investment counsels pursuant to § 1-711(g)(1).
(2) The requirements of paragraph (1) of this subsection shall not apply to any assets of a Fund which consist of insurance contracts of policies issued by an insurance company qualified to do business in a state.
(b) The assets of each Fund shall be kept separate from other moneys which may be under the control of the District of Columbia Retirement Board, but need not be kept separate from the assets of the other Funds if the Board determines that commingling of such assets is advisable for investment purposes.
(c) The Board shall maintain, in an appropriate depository, a cash reserve for the Funds in an amount determined by the Board to be sufficient to meet current outlays for annuities and other retirement and disability benefits authorized to be paid from such Funds.
(Nov. 17, 1979, 93 Stat. 866, Pub. L. 96-122, § 125; Mar. 24, 1990, D.C. Law 8-97, § 2(c), 37 DCR 1046; Apr. 13, 2005, D.C. Law 15-354, § 3(a), 52 DCR 2638.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-715.
1973 Ed., § 1-1815.
Effect of Amendments
D.C. Law 15-354 substituted "District of Columbia Retirement Board" for "Custodian of Retirement Funds".
Legislative History of Laws
For legislative history of D.C. Law 8-97, see Historical and Statutory Notes following § 1-702.
For Law 15-354, see notes following § 1-523.01.
Miscellaneous Notes
Independent audit of Retirement Board: Section 135 of Public Law 103-334, 108 Stat. 2588, the District of Columbia Appropriations Act, 1995, provided that the District of Columbia Retirement Board shall enter into an agreement with an independent firm meeting certain qualifications to prepare and submit to the Retirement Board a written set of findings and recommendations not later than 6 months after the date of the enactment of this Act regarding the appropriateness and adequacy of the Retirement Board's fiduciary, management, and investment practices and procedures, and provided for expenditure of funds.
The District of Columbia Retirement Board shall determine the amount of any payments to be made from the funds established by this act for annuities or any other retirement or disability benefits, including refunds and lump-sum payments, and the Board shall make such payments from the appropriated fund.
(Nov. 17, 1979, 93 Stat. 866, Pub. L. 96-122, § 126; Apr. 13, 2005, D.C. Law 15-354, § 3(b), 52 DCR 2638.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-716.
1973 Ed., § 1-1816.
Effect of Amendments
D.C. Law 15-354 rewrote the section which had read:
"The Mayor shall notify the Custodian of Retirement Funds of any payments to be made from the Funds established by this chapter for annuities or other retirement or disability benefits (including refunds and lump-sum payments), and the Custodian of Retirement Funds shall make such payments from the appropriate Fund."
Legislative History of Laws
For Law 15-354, see notes following § 1-523.01.
