Subchapter II. Retirement Funds.


  • Current through October 23, 2012
  • (a) The Police Officers and Fire Fighters' Retirement Fund shall continue in existence and shall be the fund into which the following deposits shall be made, which shall constitute the assets of the fund:

    (1) Any employee contribution amount paid after June 30, 1997, to the Retirement Board pursuant to § 5-741 or § 5-704(e)(1) or § 5-706(a), respectively;

    (2) Any amount appropriated by the District government for the fund in accordance with § 1-905.02;

    (3) Any return on investment of the assets of the fund; and

    (4) The amount derived from the $1.275 billion of designated assets provided for pursuant to § 1-807.03.

    (b) After the 30-day period following October 1, 1997, or after the end of the 30-day period beginning on the date on which funds are first appropriated to the Police Officers and Fire Fighters' Retirement Fund for Fiscal Year 1998, whichever is later, all payments of annuities and other retirement and disability benefits (including refunds and lump-sum payments) under the Police and Firemen's Retirement Act 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, or to a beneficiary of any such officer or member).

    (Sept. 18, 1998, D.C. Law 12-152, § 111, 45 DCR 4045.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 1-782.1.

    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- 901.1.

  • Current through October 23, 2012 Back to Top
  • (a) The Teachers' Retirement Fund shall continue in existence and shall be the fund into which the following deposits shall be made, which shall constitute the assets of the fund:

    (1) Any employee contribution amount paid to the Retirement Board pursuant to subchapter II of Chapter 20 of Title 38, or pursuant to § 38-2061.02;

    (2) Any asset transferred to the fund under subsection (b) of this section;

    (3) Any amount appropriated by the District government for the fund in accordance with § 1-905.02; and

    (4) Any return on investment of assets of the fund.

    (b) After June 30, 1997, annuities and other retirement and disability benefits (including refunds and lump-sum payments) for the benefits of covered teachers shall become assets of the fund.

    (Sept. 18, 1998, D.C. Law 12-152, § 112, 45 DCR 4045.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 1-782.2.

    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.

  • Current through October 23, 2012 Back to Top
  • (a) The Retirement Board shall be the custodian of the assets of the Funds and shall manage and invest the assets in accordance with the Retirement Reform Act and this chapter.

    (b) The assets of the Funds shall be kept separate from other monies that may be under the control of the Retirement Board, but need not be kept separate from the assets of the separate funds comprising the Funds if the Retirement Board determines that commingling of those assets is advisable for investment purposes.

    (c) The Retirement Board shall maintain, in an appropriate depository, a cash reserve for the Funds in an amount determined by the Retirement Board to be sufficient to meet current outlays for annuities and other retirement and disability benefits authorized to be paid from the Funds.

    (Sept. 18, 1998, D.C. Law 12-152, § 113, 45 DCR 4045.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 1-782.3.

    Legislative History of Laws

    For legislative history of D.C. Law 12-152, see Historical and Statutory Notes following § 1-901.01.

    References in Text

    The "Retirement Reform Act," referred to in (a), is the Act of November 17, 1979, 93 Stat. 866, Pub. L. 96-122.

    Miscellaneous Notes

    Application of Law 12-152: See Historical and Statutory Notes following § 1- 901.01.

  • Current through October 23, 2012 Back to Top
  • (a) The Retirement Board shall determine the amount of any payments for annuities or other retirement or disability benefits (including refunds and lump-sum payments) required to be made from the trust assets of the Police Officers and Fire Fighters' Retirement Fund or the Teachers' Retirement Fund. The Retirement Board shall make the payments from the appropriate fund.

    (b) Once authorized pursuant to the appropriation process, the Retirement Board may make payments from the Funds sufficient to cover the cost of the management of the assets and the reasonable and necessary administrative expenses of the Retirement Board, including trustee and staff compensation, and liability insurance.

    (Sept. 18, 1998, D.C. Law 12-152, § 114, 45 DCR 4045; Apr. 13, 2005, D.C. Law 15-354, § 4(a), 52 DCR 2638; Apr. 7, 2006, D.C. Law 16-91, § 126, 52 DCR 10637.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 1-782.4.

    Effect of Amendments

    D.C. Law 15-354, in subsec. (a), substituted "The Retirement Board shall determine the amount of" for "The Mayor shall notify the Retirement Board".

    D.C. Law 16-91, in par. (a), validated a previously made technical correction.

    Legislative History of Laws

    For legislative history of D.C. Law 12-152, see Historical and Statutory Notes following § 1-901.01.

    For Law 15-354, see notes following § 1-523.01.

    For Law 16-91, see notes following § 1-301.45.

    Miscellaneous Notes

    Application of Law 12-152: See Historical and Statutory Notes following § 1- 901.01.

  • Current through October 23, 2012 Back to Top
  • (a) Effective October 1, 1997, until the transfer of the assets required by the Retirement Protection Act is implemented, the Retirement Board shall make disbursements to the District government, or other entity as may be directed by the Secretary of the Treasury, from the trust assets of the Funds to make the Federal Benefit Payment obligation created pursuant to § 1-803.01 for benefits accrued by the covered District employees until June 30, 1997.

    (b) No part of the employee contributions of the covered District employees after June 30, 1997, or the $1.275 billion of designated assets provided for pursuant to § 807.03, may be used to make the Federal Benefit Payment obligation.

    (Sept. 18, 1998, D.C. Law 12-152, § 115, 45 DCR 4045.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 1-782.5.

    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.

  • Current through October 23, 2012 Back to Top
  • (a) The examination performed by the independent qualified public accountant engaged pursuant to § 1-732(a)(3)(A) shall be conducted in accordance with generally accepted auditing standards and shall involve such tests of the books and records of the Funds and the Retirement Program as are considered necessary by the accountant. The independent qualified public accountant shall also offer his opinion as to whether the separate schedules required by subsection (b) of this section and the summary material required under § 1-907.03 present fairly, in all material respects, the information contained therein when considered in conjunction with the financial statements taken as a whole. The opinion by the independent qualified public accountant shall be made a part of the annual report required pursuant to § 1-907.02. In offering his opinion, the accountant may rely on the correctness of any actuarial matter certified to by an enrolled actuary if he so states his reliance.

    (b)(1) The financial statement shall contain a statement of assets and liabilities, and a statement of changes in net assets available for benefits under the retirement program, which shall include details of revenues and expenses and other changes aggregated by general source and application. In the notes to financial statements, disclosures concerning the following items shall be considered by the accountant: a description of the Retirement Program, including any significant changes in the Retirement Program made during the period and the impact of the changes on benefits; the funding policy (including the policy with respect to prior service cost), and any changes in the policy during the year; a description of any significant changes in benefits made during the period; a description of material lease commitments, other commitments, and contingent liabilities; a description of agreements and transactions with persons known to be parties in interest; and any other matters necessary to fully and fairly present the financial statements of the Funds.

    (2) The statement required under paragraph (1) of this subsection shall have attached the following information in separate schedules:

    (A) A statement of the assets and liabilities of the Funds, aggregated by categories and valued at their current value, and the same data displayed in comparative form for the end of the previous fiscal year;

    (B) A statement of receipts in and disbursements from the Funds during the preceding 12-month period, aggregated by general source and application;

    (C) A schedule of all assets held for investment purposes, aggregated and identified by issuer, borrower, or lessor, or similar party to the transaction (including a notation as to whether the party is known to be a party in interest), maturity date, rate of interest, collateral, par or maturity value, cost, and current value;

    (D) A schedule of each transaction involving a person known to be a party in interest, the identity of the party in interest and his relationship, or that of any other party in interest, to the Funds, and a description of each asset to which the transaction relates; the purchase or selling price if a sale or purchase, the rental rate if a lease, or the interest rate and maturity date if a loan; expenses incurred in connection with the transaction; and the cost of the asset, the current value of the asset, and the net gain or loss on each transaction;

    (E) A schedule of all loans or fixed income obligations that were in default as of the close of the fiscal year or were classified during the year as uncollectible and the following information with respect to each loan on the schedule (including a notation as to whether parties involved are known to be parties in interest): the original principal amount of the loan; the amount of principal and interest received during the reporting year; the unpaid balance; the identity and address of the obligor; a detailed description of the loan (including date of making and maturity, interest rate, the type and value of collateral, and other material terms); and the amount of principal and interest overdue (if any) and an explanation thereof;

    (F) A list of all leases that were in default or were classified during the year as uncollectible, and the following information with respect to each lease on the list (including a notation as to whether parties involved are known to be parties in interest): the type of property leased (and, if fixed assets such as land, buildings, and leaseholds, then the location of the property); the identity of the lessor or lessee from or to whom the Funds are leasing; the relationship of the lessors and lessees, if any, to the Funds, the government of the District of Columbia, any employee organization, or any other party in interest; the terms of the lease regarding rent, taxes, insurance, repairs, expenses, and renewal options; the date the leased property was purchased and its cost; the date the property was leased and its approximate value at that date; the gross rental receipts during the reporting period; expenses paid for the leased property during the reporting period; the net receipts from the lease; the amounts in arrears; and a statement as to what steps have been taken to collect amounts due or otherwise remedy the default;

    (G) The most recent annual statement of assets and liabilities of any common or collective trust maintained by a bank or similar institution in which some or all the assets of the Funds are held, of any separate account maintained by an insurance carrier in which some or all of the assets of the Funds are held, and of any separate trust maintained by a bank as trustee in which some or all of the assets of the Funds are held, and for each separate account or a separate trust, such other information as may be required by the Retirement Board to comply with this subsection; and

    (H) A schedule of each reportable transaction, the name of each party to the transaction (except that, for an acquisition or sale of a security on the market, the report need not identify the person from whom the security was acquired or to whom it was sold), and a description of each asset to which the transaction applies; the purchase or selling price if a sale or purchase, the rental rate if a lease, or the interest rate and maturity date if a loan; expenses incurred in connection with the transaction; and the cost of the asset, the current value of the asset, and the net gain or loss on each transaction.

    (3) For purposes of paragraph (2)(H) of this subsection, the term "reportable transaction" means a transaction to which the Funds is a party and which is:

    (A) A transaction involving an amount in excess of 5% (or other percentage that may be established from time to time by the United State Department of Labor for "reportable transactions") of the current value of the assets of the Funds;

    (B) Any transaction (other than a transaction respecting a security) that is part of a series of transactions with or in conjunction with a person in a fiscal year, if the aggregate amount of the transactions exceeds 5% (or other percentage that may be established from time to time by the United States Department of Labor for reportable transactions) of the current value of the assets of the Funds;

    (C) A transaction that is part of a series of transactions respecting one or more securities of the same issuer, if the aggregate amount of the transactions in the fiscal year exceeds 5% (or other percentage that may be established from time to time by the United States Department of Labor for reportable transactions) of the current value of the assets of the Funds; or

    (D) A transaction with, or in conjunction with, a person respecting a security, if any other transaction with or in conjunction with the person in the fiscal year respecting a security is required to be reported by reason of subparagraph (A) of this paragraph.

    (Sept. 18, 1998, D.C. Law 12-152, § 116, 45 DCR 4045.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 1-782.6.

    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.