Federal Register / Vol. 75, No. 224 / Monday, November 22, 2010 / Proposed Rules 71047 

Order 12866; (2) is not a ‘‘significant 

rule’’ under DOT Regulatory Policies 

and Procedures (44 FR 11034; February 

26, 1979); and (3) does not warrant 

preparation of a regulatory evaluation as 

the anticipated impact is so minimal. 

Because this is a routine matter that will 

only affect air traffic procedures and air 

navigation, it is certified that this rule, 

when promulgated, will not have a 

significant economic impact on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle 1, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart 1, Section 

40103, Sovereignty and use of airspace. 

Under that section, the FAA is charged 

with prescribing regulations to ensure 

the safe and efficient use of the 

navigable airspace. This regulation is 

within the scope of that authority 

because it proposes to revise airspace at 

Barrow, Alaska, and represents the 

FAA’s continuing effort to safely and 

efficiently use the navigable airspace. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

CLASS B, CLASS C, CLASS D, AND 

CLASS E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.9U, 

Airspace Designations and Reporting 

Points, dated August 18, 2010, and 

effective September 15, 2010, is to be 

amended as follows: 

* * * * * 

Paragraph 6002 Class E Airspace 

Designated as Surface Areas. 

* * * * * 

AAL AK E2 Barrow, AK [Revised] 

Wiley Post/Will Rogers Memorial Airport, 

AK 

(Lat. 71°17′06.8′′ N., long. 156°45′58.2′′ W.) 

Within a 4.1 mile radius of the Wiley Post/ 

Will Rogers Memorial Airport, AK. 

* * * * * 

Paragraph 6005 Class E airspace extending 

upward from 700 feet or more above the 

surface of the earth. 

* * * * * 

AAL AK E5 Barrow, AK [Revised] 

Wiley Post/Will Rogers Memorial Airport, 

AK 

(Lat. 71°17′06.8′′ N., long. 156°45′58.2′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.6-mile 

radius of the Wiley Post/Will Rogers 

Memorial Airport, AK; and that airspace 

extending upward from 1,200 feet above the 

surface within a 73-mile radius of the Wiley 

Post/Will Rogers Memorial Airport, AK. 

Issued in Anchorage, AK, on November 10, 

2010. 

Michael A. Tarr, 

Alaska Flight Services. 

[FR Doc. 2010–29294 Filed 11–19–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE TREASURY 

31 CFR Part 29 

RIN 1505–AC02 

Federal Benefit Payments Under 

Certain District of Columbia 

Retirement Plans 

AGENCY: Departmental Offices, Treasury. 

ACTION: Proposed rule. 

SUMMARY: The Department of the 

Treasury proposes to amend our 

regulations which were promulgated 

pursuant to the Balanced Budget Act of 

1997, as amended (the Act). Pursuant to 

the Act, with certain exceptions, 

Treasury has responsibility for payment 

of benefits based on service accrued as 

of June 30, 1997, under the retirement 

plans for District of Columbia teachers, 

police officers, and firefighters. Benefits 

for service after that date, and certain 

other benefits, are funded by the District 

of Columbia. The rule that we published 

in 2000 as part of the final regulations 

to implement the provisions of the Act, 

establishes the methodology for 

determining the split between the 

Federal and District obligations. The 

effective date of the regulation was 

delayed pending completion of 

Treasury’s new automated retirement 

system, ‘‘System to Administer 

Retirement’’ (STAR), which replaced the 

District’s legacy automated retirement 

system. While the new system has been 

completed, the proposed amended 

regulation will establish additional rules 

and provide additional examples of 

benefit calculation scenarios, the need 

for which was identified during systems 

development. The amendments to the 

regulation will have minimal financial 

impact and are introduced to simplify 

calculations and maintain consistency 

with the general principles established 

in the original regulations. 

DATES: Comment Due Date: January 21, 

2011. 

ADDRESSES: Treasury invites interested 

members of the public to submit 

comments on this proposed rule. 

Comments may be submitted to 

Treasury by any of the following 

methods: Submit electronic comments 

through the federal government 

e-rulemaking portal, 

www.regulations.gov or by e-mail to 

dcpensions@do.treas.gov or send paper 

comments to Paul Cicchetti, Department 

of the Treasury, Office of DC Pensions, 

Metropolitan Square Building, Room 

6G503, 1500 Pennsylvania Avenue, 

NW., Washington, DC 20220. 

In general, the Treasury will post all 

comments to http://www.regulations.gov 

without change, including any business 

or personal information provided such 

as names, addresses, e-mail addresses, 

or telephone numbers. Treasury will 

also make such comments available for 

public inspection and copying in the 

Treasury’s Library, Room 1428, Main 

Department Building, 1500 

Pennsylvania Avenue, NW., 

Washington, DC 20220, on official 

business days between the hours of 

10 a.m. and 5 p.m. Eastern Time. You 

can make an appointment to inspect 

comments by telephoning (202) 622– 

0990. All comments, including 

attachments and other supporting 

materials received, are part of the public 

record and subject to public disclosure. 

You should submit only information 

that you wish to make available 

publicly. 

FOR FURTHER INFORMATION CONTACT: Paul 

Cicchetti, (202) 622–1859, Department 

of the Treasury, Office of D.C. Pensions, 

Metropolitan Square Building, Room 

6G503, 1500 Pennsylvania Avenue, 

NW., Washington, DC 20220. 

SUPPLEMENTARY INFORMATION: 

Background 

On December 12, 2000, the 

Department of the Treasury (the 

Department or Treasury) published (at 

65 FR 77500) final regulations to 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
71048 Federal Register / Vol. 75, No. 224 / Monday, November 22, 2010 / Proposed Rules 

implement Title XI of the Balanced 

Budget Act of 1997, Public Law 105–33, 

111 Stat. 251, 712–731, 756–759, as 

amended (the Act). The Act transferred 

certain unfunded pension liabilities 

from the District of Columbia (the 

District) government to the Federal 

Government. Pursuant to the Act, with 

certain exceptions, Treasury is 

responsible for payment of benefits 

based on service accrued as of June 30, 

1997, the date defined in the Act as the 

‘‘freeze date’’. Under the Act, the 

Department calculates its obligations 

based on the terms of the retirement 

plans for District of Columbia teachers, 

police officers, and firefighters in effect 

as of June 29, 1997, referred to as the 

‘‘District Retirement Program.’’ Benefits 

for service after June 30, 1997, and other 

benefits, e.g., certain disability benefits, 

remain a District responsibility. These 

proposed regulations address the 

Department’s responsibility for 

retirement benefits in those situations 

where the benefit responsibility is 

shared between Treasury and the 

District. All benefit payments that are 

the responsibility of the Department 

under the Act are referred to as Federal 

Benefit Payments. Any remaining 

benefit payments to which an 

individual is entitled under the 

District’s retirement plans are the 

responsibility of the District and are 

referred to as ‘‘District benefit 

payments.’’ Annuities which consist of 

Federal Benefit Payments and District 

benefit payments are referred to as ‘‘split 

benefits.’’ 

The Act also established the District 

of Columbia Judicial Retirement and 

Survivors Annuity Fund, administered 

by Treasury’s Office of DC Pensions 

(ODCP). Because the DC judges’ benefits 

are now entirely a federal responsibility, 

the proposed split benefit regulations, 

discussed below, do not apply to the 

judges’ benefit calculations. 

Treasury is proposing amendments to 

subpart C. Subpart C contains the 

methodology for determining Federal 

Benefit Payments in situations where a 

teacher, police officer, or firefighter has 

service with the District of Columbia 

both before and after June 30, 1997, i.e., 

split benefits. Subpart C was originally 

published as part of the final regulations 

to implement the provisions of the Act 

on December 12, 2000, 65 FR 77500, 

77503. As noted above, the effective 

date of subpart C was delayed, pending 

completion of the new automated 

system. 

On March 29, 2001, 66 FR 17222, the 

Department announced that it was 

‘‘postponing indefinitely’’ the effective 

date of subpart C of the regulations 

because ‘‘Treasury decided to acquire an 

upgraded version of the replacement 

system software. This decision, coupled 

with the need to accommodate 

integration of the replacement system 

with systems implementation schedules 

of the government of the District of 

Columbia, protracted the 

implementation schedule for Treasury’s 

replacement system.’’ 66 FR 17222. 

Treasury’s ODCP, the District’s Office 

of Payroll Services (OPRS), and the 

District of Columbia Retirement Board 

(DCRB) collaborated on the 

development of the replacement system, 

known as ‘‘System to Administer 

Retirement’’ (STAR). STAR is an 

automated pension/payroll system 

which supports the end-to-end business 

processes for retirement. STAR, which 

replaced the District’s legacy system, 

calculates retirement and survivor 

benefits for the District’s teachers, 

police officers and firefighters, 

regardless of whether their service 

accrued before or after the ‘‘freeze date’’ 

for Federal Benefit Payments. 

From the earliest stages of this effort, 

Treasury worked with the District to 

arrive at key decisions for STAR 

development. Pursuant to Section 11041 

of the Act, the District continues as the 

benefits administrator during the 

interim administration period, which is 

ongoing. Originally, OPRS performed 

the benefits administration function. 

DCRB assumed responsibility for 

benefits administration for both District 

benefit payments and Federal Benefit 

Payments on September 26, 2005. As 

benefits administrator, OPRS, and now 

DCRB, participated with Treasury to: 

Develop a proposed system that met the 

programs’ needs; develop the approach 

for addressing and resolving issues; 

make decisions about development; test 

the system being developed; review the 

status of projects; evaluate readiness 

and approve plans for implementation. 

As Treasury explained in the 

preamble to the original proposed 

regulations in 1999, 64 FR at 69435, 

unless an exception applies under the 

Act, the general rule for the calculation 

of Federal Benefit Payments states that 

in all cases ‘‘in which some service 

becomes creditable on or before June 30, 

1997 and some service becomes 

creditable after June 30, 1997, Federal 

Benefit Payments are computed under 

the rules of the applicable plan as 

though: (1) The employee were eligible 

to retire as of June 30, 1997, under the 

same conditions as the actual retirement 

(that is, using the annuity computation 

formula that applies under the plan in 

effect on June 29, 1997, and the 

retirement age, including any applicable 

age reduction, based on the age at actual 

retirement; (2) the service that became 

creditable after June 30, 1997 did not 

exist; and (3) the average salary is the 

average salary at separation.’’ The 

original proposed regulations were 

largely derived from this general rule. 

In the course of developing the STAR 

system, the development team and the 

subject matter experts from ODCP and 

the DCRB determined that additional 

rules for benefit calculation scenarios 

were needed to simplify development 

and to address situations that had not 

been considered when the original 

regulations were published in 2000. 

STAR was programmed with these 

additional rules. These amendments to 

subpart C establish these additional 

rules and provide additional examples 

of benefit calculation scenarios. These 

amendments have no significant 

financial impact and are introduced to 

simplify calculations and maintain 

consistency with the general principles 

established in the original regulations. 

For the convenience of readers, 

Treasury is restating subpart C in its 

entirety. However, this preamble 

addresses only those portions of subpart 

C that are being amended. For 

discussion of subpart C as originally 

proposed, see 64 FR 69432, 69434–36, 

December 13, 1999 and the preamble 

addressing the comments to the final 

regulations at 65 FR 77500–77501, 

December 12, 2000. 

Proposed Amendments 

Section 29.334 provides the rules for 

determining when deposit service is 

creditable for Federal Benefit Payments. 

The paragraph is expanded in section 

29.334(a)(3) to provide for situations 

where deposits in Treasury funds are to 

be transferred to District retirement 

funds. 

Section 29.335 provides the rules for 

determining when refunded service is 

creditable for Federal Benefit Payments. 

The paragraph is expanded in section 

29.335(c) to provide for situations where 

redeposits in Treasury funds are to be 

transferred to District retirement funds. 

Section 29.341 provides the General 

Principle for calculating Federal Benefit 

Payments. The paragraph is amended to 

cover an exception when Congress 

amends the terms of the District 

Retirement Program in effect on June 29, 

1997. 

Section 29.343 provides the rules for 

determining the Federal Benefit 

Payment in the case of a disability 

retirement. Section 29.343(c) is added to 

provide the rule for determining the 

Federal Benefit Payment when the 

individual’s Federal Benefit Payment 

calculated under optional retirement 

exceeds the individual’s total annuity 

calculated under disability retirement. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 224 / Monday, November 22, 2010 / Proposed Rules 71049 

This situation can occur when an 

individual meets the requirements for 

both normal and disability retirement 

and elects disability retirement. 

Section 29.344 provides the rules for 

determining the Federal Benefit 

Payment for survivors. The paragraph is 

amended to combine the provisions of 

current sections 29.344(a) and 29.344(b) 

into section 29.344(b), which provides 

the rule for determining the Federal 

Benefit Payment for survivors when 

death benefits are not determined by the 

length of service. Section 29.344(a) is 

added to provide the rule for 

determining the Federal Benefit 

Payment for survivors when death 

benefits are determined by the length of 

service. Section 29.344(c) is added to 

provide the rule for determining the 

Federal Benefit Payment for survivors 

when an individual retires based on 

disability or voluntary early retirement 

and dies before reaching the age at 

which a Federal Benefit Payment is 

payable to the individual. 

Section 29.345 provides the rules for 

adjustments of Federal Benefit 

Payments after the initial calculation. 

Under current section 29.345, cost-ofliving increases are applied directly to 

Federal Benefit Payments. The 

paragraph is amended in section 

29.345(a) to introduce the federal 

percentage, which is applied each year 

after a cost-of-living increase to the total 

annuity to determine the new Federal 

Benefit Payment. This methodology 

required fewer programming changes in 

STAR and has de minimus financial 

impact. Section 29.345(b) is added to 

provide the rule for determining the 

Federal Benefit Payment when the total 

annuity is recalculated as the result of 

a service-based adjustment or a plan 

provision enacted after June 30, 1997 

which does not apply to the Federal 

Benefit Payment. 

Section 29.346 provides the rule to 

calculate a Federal Benefit Payment 

when there is an election of a reduced 

benefit. The paragraph is amended such 

that the calculation results in a 

reduction to the Federal Benefit 

Payment that is proportional to the 

reduction in the total annuity. 

Sections 29.351 through 29.353 

provide the rules for calculating the 

federal share of refunded employee 

retirement contributions and refunded 

purchase of service deposits. 

The examples in appendix A to 

subpart C have been amended or 

expanded to illustrate the new 

methodology applications arising from 

the above section changes. 

Example 10A is amended to show 

how the Federal Benefit Payment is 

calculated for a teacher who retires and 

elects to provide a full survivor annuity. 

Example 10B is amended to show how 

the Federal Benefit Payment is 

calculated for a teacher who retires and 

elects to provide a partial survivor 

annuity. 

Example 13A is amended to show 

how a spouse survivor’s Federal Benefit 

Payment is calculated when the 

employee elects at retirement that the 

survivor annuity be a percentage of the 

employee’s total annuity. The current 

Example 13D is redesignated as 

Example 13E. The current Example 13C 

is redesignated as Example 13D and 

unused sick leave credit is added. 

Example 13C is added to show how a 

spouse survivor’s Federal Benefit 

Payment is calculated when a teacher 

elects at retirement to provide a flat 

amount survivor annuity. Example 13F 

is added to show how a spouse 

survivor’s Federal Benefit Payment is 

calculated when the spouse survivor’s 

total annuity is based on plan 

provisions adopted after June 30, 1997. 

Example 13G is added to show how a 

spouse survivor’s Federal Benefit 

Payment is calculated when a police 

officer or firefighter not eligible for 

optional retirement retires on disability 

and dies before reaching age 55. 

Example 13H is added to show how a 

spouse survivor’s Federal Benefit 

Payment is calculated when a teacher 

not eligible for optional retirement 

retires on disability and dies before 

reaching age 62. 

Example 14A is amended to show 

how the federal percentage for a teacher 

who retires is used to calculate a new 

Federal Benefit Payment after a cost-ofliving increase. The current Example 

14B is redesignated as Example 14H and 

amended to show the use of the federal 

percentage. Example 14B is added to 

show how a federal percentage for a 

teacher who retires and elects a 

percentage survivor annuity is used to 

calculate the survivor’s new Federal 

Benefit Payment after a cost-of-living 

increase. Example 14C is added to show 

how if a teacher retires and elects a flat 

amount survivor annuity, a federal 

percentage for the survivor is calculated 

and used to calculate a new Federal 

Benefit Payment after a cost-of-living 

increase. Example 14D is added to show 

how if a teacher dies while an 

employee, and the survivor annuity is 

related to the teacher’s length of service, 

a federal percentage for the teacher is 

calculated and used to calculate the 

survivor’s new Federal Benefit Payment 

after a cost-of-living increase. Example 

14E is added to show how if a teacher 

dies while an employee, and the 

survivor annuity is not related to the 

teacher’s length of service, a federal 

percentage for the survivor is calculated 

and used to calculate a new Federal 

Benefit Payment after a cost-of-living 

increase. Example 14F is added to show 

how a federal percentage is calculated 

for a spouse survivor of a retired police 

officer or firefighter and used to 

calculate a new Federal Benefit Payment 

after a cost-of-living increase. Example 

14G is added to show how if a police 

officer or firefighter dies while an 

employee, a federal percentage for the 

survivor is calculated and used to 

calculate a new Federal Benefit Payment 

after a cost-of-living increase. 

Executive Order 12866, Regulatory 

Planning and Review 

Because this rule is not a significant 

regulatory action for purposes of 

Executive Order 12866, a regulatory 

assessment is not required. 

Regulatory Flexibility Act 

It is hereby certified that this 

regulation will not have a significant 

economic impact on a substantial 

number of small entities. The regulation 

will only affect the determination of the 

Federal portion of retirement benefits to 

certain former employees of the District 

of Columbia and will not have an effect 

on small entities. Accordingly, a 

regulatory flexibility analysis is not 

required by the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). 

List of Subjects in 31 CFR Part 29 

Administrative practice and 

procedure, claims, Disability benefits, 

Firefighters, Government employees, 

Intergovernmental relations, Law 

enforcement officers, Pension, 

Retirement, Teachers. 

Accordingly, the Department of the 

Treasury proposes to amend subtitle A 

of title 31 of the Code of Federal 

Regulations by revising subpart C of part 

29 to read as follows: 

PART 29—FEDERAL BENEFIT 

PAYMENTS UNDER CERTAIN 

DISTRICT OF COLUMBIA 

RETIREMENT PROGRAMS 

1. The authority citation for part 29 is 

revised to read as follows: 

Authority: Subtitle A and Chapter 3 of 

Subtitle H, of Pub. L. 105–33, 111 Stat. 712– 

731 and 786–787; as amended. 

2. Subpart C is revised to read as 

follows: 

Subpart C—Split Benefits 

Sec. 

29.301 Purpose and scope. 

29.302 Definitions. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
71050 Federal Register / Vol. 75, No. 224 / Monday, November 22, 2010 / Proposed Rules 

General Principles for Determining Service 

Credit To Calculate Federal Benefit 

Payments 

29.311 Credit only for service performed on 

or before June 30, 1997. 

29.312 All requirements for credit must be 

satisfied by June 30, 1997. 

29.313 Federal Benefit Payments are 

computed based on retirement eligibility 

as of the separation date and service 

creditable as of June 30, 1997. 

Service Performed After June 30, 1997 

29.321 General principle. 

29.322 Disability benefits. 

All Requirements for Credit Must Be 

Satisfied by June 30, 1997 

29.331 General principle. 

29.332 Unused sick leave. 

29.333 Military service. 

29.334 Deposit service. 

29.335 Refunded service. 

Calculation of the Amount of Federal Benefit 

Payments 

29.341 General principle. 

29.342 Computed annuity exceeds the 

statutory maximum. 

29.343 Disability benefits. 

29.344 Survivor benefits. 

29.345 Cost-of-living adjustments. 

29.346 Reduction for survivor benefits. 

Calculation of the Split of Refunds of 

Employee Contributions and Deposits 

29.351 General principle. 

29.352 Refunded contributions 

29.353 Refunded deposits 

Appendix A to Subpart C of Part 29— 

Examples 

Subpart C—Split Benefits 

§ 29.301 Purpose and scope. 

(a) The purpose of this subpart is to 

addresses the legal and policy issues 

that affect the calculation of the Federal 

and District of Columbia portions of 

benefits under subtitle A of Title XI of 

the Balanced Budget Act of 1997, Public 

Law 105–33, 111 Stat. 251, 712–731, 

and 786–787 enacted August 5, 1997, as 

amended. 

(1) This subpart states general 

principles for the calculation of Federal 

Benefit Payments in cases in which the 

Department and the District government 

are both responsible for paying a portion 

of an employee’s total retirement 

benefits under the Police and 

Firefighters Plan or the Teachers Plan. 

(2) This subpart provides illustrative 

examples of sample computations to 

show the application of the general 

principles to specific problems. 

(b)(1) This subpart applies only to 

benefits under the Police and 

Firefighters Plan or the Teachers Plan 

for individuals who have performed 

service creditable under these programs 

on or before June 30, 1997. 

(2) This subpart addresses only those 

issues that affect the split of fiscal 

responsibility for retirement benefits 

(that is, the calculation of Federal 

Benefit Payments). 

(3) Issues relating to determination 

and review of eligibility and payments, 

and financial management, are beyond 

the scope of this subpart. 

(c) This subpart does not apply to 

benefit calculations under the Judges 

Plan. 

§ 29.302 Definitions. 

In this subpart (including appendix A 

of this subpart)— 

Deferred retirement means retirement 

under section 4–623 of the D.C. Code 

(1997) (under the Police and Firefighters 

Plan) or section 31–1231(a) of the D.C. 

Code (1997) (under the Teachers Plan). 

Deferred retirement age means the age 

at which a deferred annuity begins to 

accrue, that is, age 55 under the Police 

and Firefighters Plan and age 62 under 

the Teachers Plan. 

Department service or departmental 

service means any period of 

employment in a position covered by 

the Police and Firefighters Plan or 

Teachers Plan. Department service or 

departmental service may include 

certain periods of military service that 

interrupt a period of employment under 

the Police and Firefighters Plan or the 

Teachers Plan. 

Disability retirement means 

retirement under section 4–615 or 

section 4–616 of the DC Code (1997) 

(under the Police and Firefighters Plan) 

or section 31–1225 of the DC Code 

(1997) (under the Teachers Plan), 

regardless of whether the disability was 

incurred in the line of duty. 

Enter on duty means commencement 

of employment in a position covered by 

the Police and Firefighters Plan or the 

Teachers Plan. 

Excess leave without pay or excess 

LWOP means a period of time in a nonpay status that in any year is greater 

than the amount creditable as service 

under § 29.105(d). 

Hire date means the date the 

employee entered on duty. 

Military service means— 

(1) For the Police and Firefighters 

Plan, military service as defined in 

section 4–607 of the DC Code (1997) 

that is creditable as other service under 

section 4–602 or section 4–610 of the 

DC Code (1997); and 

(2) For the Teachers Plan, military 

service as described in section 31– 

1230(a)(4) of the DC Code (1997). 

Optional retirement means regular 

longevity retirement under section 4– 

618 of the DC Code (1997) (under the 

Police and Firefighters Plan) or section 

31–1224(a) of the DC Code (1997) 

(under the Teachers Plan). 

Other service means any period of 

creditable service other than 

departmental service or unused sick 

leave. Other service includes service 

that becomes creditable upon payment 

of a deposit, such as service in another 

school system (under section 31–1208 of 

the DC Code (1997)) (under the Teachers 

Plan) or prior governmental service 

(under the Teachers Plan and the Police 

and Firefighters Plan); and service that 

is creditable without payment of a 

deposit, such as military service 

occurring prior to employment (under 

the Teachers Plan and the Police and 

Firefighters Plan). 

Pre-80 hire means an individual 

whose annuity is computed using the 

formula under the Police and 

Firefighters Plan applicable to 

individuals hired before February 15, 

1980. 

Pre-96 hire means an individual 

whose annuity is computed using the 

formula under the Teachers Plan 

applicable to individuals hired before 

November 1, 1996. 

Sick leave means unused sick leave, 

which is creditable in a retirement 

computation, as calculated under 

§ 29.105(c). 

General Principles for Determining 

Service Credit To Calculate Federal 

Benefit Payments 

§ 29.311 Credit only for service performed 

on or before June 30, 1997. 

Only service performed on or before 

June 30, 1997, is credited toward 

Federal Benefit Payments. 

§ 29.312 All requirements for credit must 

be satisfied by June 30, 1997. 

Service is counted toward Federal 

Benefit Payments only if all 

requirements for the service to be 

creditable are satisfied as of June 30, 

1997. 

§ 29.313 Federal Benefit Payments are 

computed based on retirement eligibility as 

of the separation date and service 

creditable as of June 30, 1997. 

Except as otherwise provided in this 

subpart, the amount of Federal Benefit 

Payments is computed based on 

retirement eligibility as of the separation 

date and service creditable as of June 30, 

1997. 

Service Performed After June 30, 1997 

§ 29.321 General principle. 

Any service performed after June 30, 

1997, may never be credited toward 

Federal Benefit Payments. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
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§ 29.322 Disability benefits. 

If an employee separates for disability 

retirement after June 30, 1997, and, on 

the date of separation, the employee— 

(a) Satisfies the age and service 

requirements for optional retirement, 

the Federal Benefit Payment commences 

immediately, that is, the Federal Benefit 

Payment is calculated as though the 

employee retired under optional 

retirement rules using only service 

through June 30, 1997 (See examples 7A 

and 7B of appendix A of this subpart); 

or 

(b) Does not satisfy the age and 

service requirements for optional 

retirement, the Federal Benefit Payment 

begins when the disability retiree 

reaches deferred retirement age. (See 

§ 29.343.) 

All Requirements for Credit Must Be 

Satisfied by June 30, 1997 

§ 29.331 General principle. 

To determine whether service is 

creditable for the computation of 

Federal Benefit Payments under this 

subpart, the controlling factor is 

whether all requirements for the service 

to be creditable under the Police and 

Firefighters Plan or the Teachers Plan 

were satisfied as of June 30, 1997. 

§ 29.332 Unused sick leave. 

(a) For employees separated for 

retirement as of June 30, 1997, Federal 

Benefit Payments include credit for any 

unused sick leave that is creditable 

under the applicable plan. 

(b) For employees separated for 

retirement after June 30, 1997, no 

unused sick leave is creditable toward 

Federal Benefit Payments. 

§ 29.333 Military service. 

(a) For employees who entered on 

duty on or before June 30, 1997, and 

whose military service was performed 

prior to that date, credit for military 

service is included in Federal Benefit 

Payments under the terms and 

conditions applicable to each plan. 

(b) For employees who enter on duty 

after June 30, 1997, military service is 

not creditable toward Federal Benefit 

Payments, even if performed as of June 

30, 1997. 

(c) For employees who entered on 

duty on or before June 30, 1997, but 

who perform military service after that 

date, the credit for military service is 

not included in Federal Benefit 

Payments. 

§ 29.334 Deposit service. 

(a) Teachers Plan. (1) Periods of 

civilian service that were not subject to 

retirement deductions at the time they 

were performed are creditable for 

Federal Benefit Payments under the 

Teachers Plan if the deposit for the 

service was paid in full to the Teachers 

Plan as of June 30, 1997. 

(2) No credit is allowed for Federal 

Benefit Payments under the Teachers 

Plan for any period of civilian service 

that was not subject to retirement 

deductions at the time it was performed 

if the deposit for the service was not 

paid in full as of June 30, 1997. 

(3) In cases where a retiree receives 

credit from the District for a service 

deposit paid in installments that was 

not paid in full as of June 30, 1997, 

Treasury shall transfer to the District an 

amount equal to the portion of the 

deposit completed prior to June 30, 

1997. 

(b) Police and Firefighters Plan. No 

credit is allowed for Federal Benefit 

Payments under the Police and 

Firefighters Plan for any period of 

civilian service that was not subject to 

retirement deductions at the time that 

the service was performed. (See 

definition of ‘‘governmental service’’ at 

DC Code § 4–607(15) (1997).) 

§ 29.335 Refunded service. 

(a) Periods of civilian service that 

were subject to retirement deductions 

but for which the deductions were 

refunded to the employee are creditable 

for Federal Benefit Payments if the 

redeposit for the service was paid in full 

to the District government as of June 30, 

1997. 

(b) No credit is allowed for Federal 

Benefit Payments for any period of 

civilian service that was subject to 

retirement deductions but for which the 

deductions were refunded to the 

employee if the redeposit for the service 

was not paid in full to the District 

government as of June 30, 1997. 

(c) In cases where a retiree receives 

credit from the District for a service 

redeposit paid in installments that was 

not paid in full as of June 30, 1997, 

Treasury shall transfer to the District an 

amount equal to the portion of the 

redeposit completed prior to June 30, 

1997. 

Calculation of the Amount of Federal 

Benefit Payments 

§ 29.341 General principle. 

(a) Where service is creditable both 

before and after June 30, 1997, Federal 

Benefit Payments are computed under 

the rules of the applicable plan as 

though— 

(1) The employee were eligible to 

retire effective July 1, 1997, under the 

same conditions as the actual retirement 

(that is, using the annuity computation 

formula that applies under the plan in 

effect on June 29, 1997, and the 

retirement age, including any applicable 

age reduction, based on the age at actual 

retirement); 

(2) The service that became creditable 

after June 30, 1997, did not exist; and 

(3) The average salary is the average 

salary at separation. 

(b) Exceptions to the general principle 

apply where: 

(1) Congress amends the terms of the 

District Retirement Program in effect on 

June 29, 1997. For example, see section 

11012(e) and (f) of the Balanced Budget 

Act of 1997, as amended by Public Laws 

106–554, 107–290, and 108–133 

(codified at DC Code § 1–803.02(e) and 

(f)); 

(2) The retirement is based on 

disability after June 30, 1997 (see 

29.343); or 

(3) The benefit is based on the death 

of an employee after June 30, 1997 and 

the survivor benefit is not based on 

years of service (see 29.344). 

Note to § 29.341: See examples 7B, 9, 

and 13 of appendix A of this subpart. 

§ 29.342 Computed annuity exceeds the 

statutory maximum. 

(a) In cases in which the total 

computed annuity exceeds the statutory 

maximum: 

(1) Federal Benefit Payments may 

equal total benefits even if the employee 

had service after June 30, 1997. 

(2) If the employee had sufficient 

service as of June 30, 1997, to qualify for 

the maximum annuity under the plan, 

the Federal Benefit Payment is the 

maximum annuity under the plan. This 

will be the entire benefit except for any 

amount in excess of the normal 

maximum due to unused sick leave, 

which is the responsibility of the 

District. (See example 3, of appendix A 

of this subpart.) 

(b) If the employee did not perform 

sufficient service as of June 30, 1997, to 

reach the statutory maximum benefit, 

but has sufficient service at actual 

retirement to exceed the statutory 

maximum, the Federal Benefit Payment 

is the amount earned through June 30, 

1997. The District benefit payment is 

the amount by which the total benefit 

payable exceeds the Federal Benefit 

Payment. 

§ 29.343 Disability benefits. 

(a) The general rule that Federal 

Benefit Payments are calculated under 

the applicable retirement plan as though 

the employee were eligible for optional 

retirement and separated on June 30, 

1997, does not apply to disability 

benefits prior to optional retirement age. 

(b) In cases involving disability 

benefits prior to optional retirement age, 

no Federal Benefit Payment is payable 


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71052 Federal Register / Vol. 75, No. 224 / Monday, November 22, 2010 / Proposed Rules 

until the retiree reaches the age of 

eligibility to receive a deferred annuity 

(age 55 under the Police and Firefighters 

Plan and age 62 under the Teachers 

Plan). When the age for deferred annuity 

is reached, the Federal Benefit Payment 

is paid using creditable service accrued 

as of June 30, 1997, and average salary 

(computed under the rules for the 

applicable plan) as of the date of 

separation. (See examples 6 and 7 of 

appendix A of this subpart.) 

(c) In no case will the amount of the 

Federal Benefit Payment exceed the 

amount of the total disability annuity. 

§ 29.344 Survivor benefits. 

(a) The general rule that Federal 

Benefit Payments are calculated under 

the applicable retirement plan as though 

the employee were eligible for optional 

retirement and separated on June 30, 

1997, applies to death benefits that are 

determined by length of service. In these 

cases, the survivor’s Federal Benefit 

Payment is calculated by multiplying 

the survivor’s total benefit by the ratio 

of the deceased retiree or employee’s 

Federal Benefit Payment to the deceased 

retiree or employee’s total annuity. (See 

examples 13A and B of appendix A of 

this subpart.) 

(b) The general rule that Federal 

Benefit Payments are calculated under 

the applicable retirement plan as though 

the employee were eligible for optional 

retirement and separated on June 30, 

1997, does not apply to death benefits 

that are not determined by length of 

service. In these cases, the survivor’s 

Federal Benefit Payment is calculated 

by multiplying the survivor’s total 

benefit by the deceased retiree or 

employee’s number of full months of 

service through June 30, 1997, and then 

dividing by the retiree or employee’s 

number of months of total service at 

retirement. (See examples 13C–F of 

appendix A of this subpart.) 

(c) In cases involving a disability or 

early voluntary retiree who dies before 

reaching the age at which a Federal 

Benefit Payment is payable, the 

survivor’s Federal Benefit Payment is 

calculated as though the employee had 

not retired from service, but had 

separated from service with eligibility to 

receive a deferred annuity. (See 

examples 13G and 13H of appendix A 

of this subpart.) 

§ 29.345 Annuity adjustments. 

(a) In cases in which the total annuity 

and the Federal Benefit Payment are 

equally impacted by a cost-of-living 

adjustment, the new Federal Benefit 

Payment is determined by applying the 

federal percentage of the total annuity to 

the new total annuity. (See examples 

14A–G of appendix A of this subpart.) 

(b) In cases in which the total annuity 

and the Federal Benefit Payment are not 

equally impacted by a change, such as 

a new plan provision or service-based 

adjustment, the Federal Benefit Payment 

is recalculated where applicable, and 

the federal percentage of the total 

annuity used to determine subsequent 

Federal Benefit Payments is 

recalculated. (See example 14H of 

appendix A of this subpart.) 

§ 29.346 Reduction for survivor benefits. 

If a retiree elects a reduction for a 

survivor annuity, the ratio of the 

unreduced Federal Benefit Payment to 

the unreduced total annuity is 

multiplied by the reduced total annuity 

to determine the reduced Federal 

Benefit Payment. (See example 10 of 

appendix A of this subpart.) 

Calculation of the Split of Refunds of 

Employee Contributions and Deposits 

§ 29.351 General principle. 

Treasury will fund refunds of 

employee contributions and purchase of 

service deposits paid by or on behalf of 

a covered employee to the District of 

Columbia Police Officers’ and 

Firefighters’ Retirement Fund or District 

of Columbia Teachers’ Retirement Fund 

on or before June 30, 1997. 

§ 29.352 Refunded contributions. 

For any given pay period, employee 

contributions are considered to have 

been made before the freeze date if the 

pay date was on or before June 30, 1997. 

As a result, for calendar year 1997, 

Treasury will fund refunds of employee 

contributions made by teachers through 

pay period 12 and fund refunds of 

employee contributions made by police 

officers and firefighters through pay 

period 13. If pay period records are 

unavailable for calendar year 1997, and 

the participant separated on or before 

June 30, 1997, Treasury will fund 100 

percent of the refund of retirement 

contributions. If pay period records are 

unavailable for calendar year 1997, and 

the participant was hired before January 

1, 1997 and separated after December 

31, 1997, Treasury will fund 50 percent 

of the refund of retirement contributions 

made to teachers in calendar year 1997, 

and 48 percent of the retirement 

contributions made to police officers or 

firefighters in calendar year 1997. 

Otherwise, if the participant separated 

after June 30, 1997, the percent of 

contributions made in calendar year 

1997 funded by Treasury is assumed to 

be the ratio where the numerator is the 

number of days before July 1 the 

participant was employed in calendar 

year 1997 and the denominator is the 

number of days the participant was 

employed in calendar year 1997. 

§ 29.353 Refunded deposits. 

Treasury will fund refunds of 

purchase of service deposits made by 

employees by lump sum payment or by 

installment payments on or before June 

30, 1997. 

Appendix A to Subpart C of Part 29— 

Examples 

This appendix contains sample 

calculations of Federal Benefit Payments in 

a variety of situations. 

Optional Retirement Examples 

Example 1: No Unused Sick Leave 

A. In this example, an individual covered 

by the Police and Firefighters Plan hired 

before 1980 retires in October 1997. At 

retirement, he is age 51 with 20 years and 3 

days of departmental service plus 3 years, 4 

months, and 21 days of military service that 

preceded the departmental service. The 

Federal Benefit Payment begins at retirement. 

It is based on the 19 years, 8 months, and 22 

days of departmental service and 3 years, 4 

months, and 21 days of military service 

performed as of June 30, 1997. Thus, the 

Federal Benefit Payment is based on 23 years 

and 1 month of service, all at the 2.5 percent 

accrual rate. The total annuity is based on 23 

years and 4 months of service, all at the 2.5 

percent accrual rate. 

EXAMPLE 1A—POLICE OPTIONAL

[Pre-80 hire] 

Total Annuity Computation 

Birth date: 09/10/46 

Hire date: 10/09/77 

Separation date: 10/11/97 

Department service: 20/00/03 

Other service: 03/04/21 

Sick leave: 

.025 service: 23.333333 

.03 service: 

Average salary: $45,680.80 

Total: $26,647.12 

Total/month: $2,221.00 

Federal Benefit Payment Computation 

Birth date: 9/10/46 

Hire date: 10/09/77 

Freeze date: 06/30/97 

Department service: 19/08/22 

Other service: 03/04/21 

Sick leave: 

.025 service: 23.083333 

.03 service: 

Average salary: $45,680.80 

Total: $26,361.61 

Total/month: $2,197.00 

Total federal/month ÷ total/month: 0.989194 

B. In this example, the individual covered 

by the Police and Firefighters Plan was hired 

earlier than in example 1A and thus 

performed more service as of both June 30, 

1997, and retirement in October 1997. At 

retirement, he is age 51 with 21 years, 11 


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months and 29 days of departmental service 

plus 3 years, 4 months, and 21 days of 

military service that preceded the 

departmental service. The Federal Benefit 

Payment begins at retirement. It is based on 

the 21 years, 8 months, and 18 days of 

departmental service and 3 years, 4 months, 

and 21 days of military service performed as 

of June 30, 1997. Thus, the Federal Benefit 

Payment is based on 25 years and 1 month 

of service, 1 year and 8 months at the 3.0 

percent accrual rate and 23 years and 5 

months at the 2.5 percent accrual rate 

(including 1 month consisting of 18 days of 

departmental service and 21 days of other 

service). The total annuity is based on 25 

years and 4 months of service, 1 year and 11 

months at the 3.0 percent accrual rate and 23 

years and 5 months at the 2.5 percent accrual 

rate (including 1 month consisting of 29 days 

of departmental service and 21 days of other 

service). 

EXAMPLE 1B—POLICE OPTIONAL

[Pre-80 hire] 

Total Annuity Computation 

Birth date: 09/10/46 

Hire date: 10/13/75 

Separation date: 10/11/97 

Department service: 21/11/29 

Other service: 03/04/21 

Sick leave: 

.025 service: 23.416667 

.03 service: 1.916667 

Average salary: $45,680.80 

Total: $29,368.96 

Total/month $2,447.00 

Federal Benefit Payment Computation 

Birth date: 09/10/46 

Hire date: 10/13/75 

Freeze date: 06/30/97 

Department service: 21/08/18 

Other service: 03/04/21 

Sick leave: 

.025 service: 23.416667 

.03 service: 1.666667 

Average salary: $45,680.80 

Total: $29,026.36 

Total/month: $2,419.00 

Total federal/month ÷ total/month: 0.988557 

Example 2: Unused Sick Leave Credit 

In this example, an individual covered by 

the Police and Firefighters Plan and hired 

before 1980 retires in March 1998. At 

retirement, she is age 48 with 24 years, 8 

months, and 6 days of departmental service 

plus 6 months and 4 days of other service 

(deposit paid before June 30, 1997) and 11 

months and 11 days of unused sick leave. For 

a police officer (or a non-firefighting division 

firefighter) such an amount of sick leave 

would be 1,968 hours (246 days, based on a 

260-day year, times 8 hours per day). For a 

firefighting division firefighter, such an 

amount would be 2,069 hours (341 days 

divided by 360 days per year times 2,184 

hours per year). The Federal Benefit Payment 

begins at retirement. It is based on the 23 

years, 11 months, and 23 days of 

departmental service performed as of June 

30, 1997, and 6 months and 4 days of other 

service. Thus, the Federal Benefit Payment is 

based on 20 years departmental and 6 

months of other service at the 2.5 percent 

accrual rate and 3 years and 11 months of 

service at the 3.0 percent accrual rate. The 

total annuity is based on 20 years and 6 

months of service at the 2.5 percent accrual 

rate and 5 years and 7 months of service at 

the 3 percent accrual rate. 

EXAMPLE 2—POLICE OPTIONAL

[Pre-80 hire] 

Total Annuity Computation 

Birth date: 05/01/49 

Hire date: 07/08/73 

Separation date: 03/13/98 

Department service: 24/08/06 

Other service: 00/06/04 

Sick leave: 00/11/11 

.025 service: 20.5 

.03 service: 5.583333 

Average salary: $61,264.24 

Total: $41,659.68 

Total/month: $3,472.00 

Federal Benefit Payment Computation 

Birth date: 05/01/49 

Hire date: 07/08/73 

Freeze date: 06/30/97 

Department service: 23/11/23 

Other service: 00/06/04 

Sick leave: 

.025 service: 20.5 

.03 service: 3.916667 

Average salary: $61,264.24 

Total: $38,596.47 

Total/month: $3,216.00 

Total federal/month ÷ total/month: 0.926267 

Example 3: Calculated Benefit Exceeds 

Statutory Maximum 

A. In this example, an individual covered 

by the Police and Firefighters Plan hired 

before 1980 retires in March 1998. At 

retirement, he is age 55 with 32 years and 17 

days of departmental service. The Federal 

Benefit Payment begins at retirement. It is 

based on the 31 years, 3 months, and 17 days 

of departmental service performed as of June 

30, 1997. Thus, the Federal Benefit Payment 

is based on 20 years of service at the 2.5 

percent accrual rate and 11 years and 3 

months of service at the 3.0 percent accrual 

rate. However, the annuity is limited to 80 

percent of the basic salary at time of 

retirement. (This limitation does not apply to 

the unused sick leave credit.) The annuity 

computed as of June 30, 1997, equals the full 

benefit payable; therefore, the Federal Benefit 

Payment is the total benefit. 

EXAMPLE 3A—POLICE OPTIONAL

[Pre-80 hire] 

Total Annuity Computation 

Birth date: 06/12/42 

Hire date: 03/14/66 

Separation date: 03/30/98 

Department service: 32/00/17 

EXAMPLE 3A—POLICE OPTIONAL— 

Continued 

[Pre-80 hire] 

Other service: 

Sick leave: 

.025 service: 20 

.03 service: 12 

Average salary: $75,328.30 

Final salary: $77,180.00 

Total: $64,782.34 

Total/month: $5,399.00 

Maximum: $61,744.00 

Maximum/month: $5,145.00 

Federal Benefit Payment Computation 

Birth date: 06/12/42 

Hire date: 03/14/66 

Freeze date: 03/30/97 

Department service: 31/03/17 

Other service: 

Sick leave: 

.025 service: 20 

.03 service: 11.25 

Average salary: $75,328.30 

Final salary: $77,180.00 

Total: $63,087.45 

Total/month: $5,257.00 

Maximum: $61,744.00 

Maximum/month: $5,145.00 

Total federal/month ÷ total/month: 1.0 

B. In this example, the individual in 

example 3A also has 6 months of unused sick 

leave at retirement. The sick leave credit is 

not subject to the 80% limitation and does 

not become creditable service until the date 

of separation. For a police officer (or a nonfirefighting division firefighter) such an 

amount of sick leave would be 1,040 hours 

(130 days, based on a 260-day year, times 8 

hours per day). For a firefighting division 

firefighter, such an amount would be 1,092 

hours (180 days divided by 360 days per year 

times 2,184 hours per year). Six months of 

unused sick leave increases the annual total 

benefit by 1.5 percent of the average salary, 

or in the example by $94 per month. The 

District is responsible for the portion of the 

annuity attributable to the unused sick leave 

because it became creditable at retirement, 

that is, after June 30, 1997. 

EXAMPLE 3B—POLICE OPTIONAL

[Pre-80 hire] 

Total Annuity Computation 

Birth date: 06/12/42 

Hire date: 03/14/66 

Separation date: 03/30/98 

Department service: 32/00/17 

Other service: 

Sick leave: 

.025 service: 20 

.03 service: 12 

Average salary: $75,328.30 

Final salary: $77,180.00 

Total wo/sl credit: $64,782.34 

Total/month: $5,399.00 

Max wo/sl credit: $61,744.00 

Max w/sl credit: $62,873.92 

Monthly benefit: $5,239.00 


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EXAMPLE 3B—POLICE OPTIONAL— 

Continued 

[Pre-80 hire] 

Federal Benefit Payment Computation 

Birth date: 06/12/42 

Hire date: 03/14/66 

Freeze date: 06/30/97 

Department service: 31/03/17 

Other service: 

Sick leave: none 

.025 service: 20 

.03 service: 11.25 

Average salary: $75,328.30 

Final salary: $77,180.00 

Total: $63,087.45 

Total/month: $5,257.00 

Maximum: $61,744.00 

Monthly benefit: $5,145.00 

Total federal/month ÷ total/month: 0.982058 

Example 4: Excess Leave Without Pay 

In this example, an individual covered by 

the Teachers Plan hired before 1996 retires in 

February 1998. At retirement, she is age 64 

with 27 years of departmental service and 6 

years, 7 months, and 28 days of other service 

(creditable before June 30, 1997). However, 

only 6 months of leave in a fiscal year 

without pay may be credited toward 

retirement under the Teachers Plan. She had 

3 months and 18 days of excess leave without 

pay as of June 30, 1997. Since the excess 

leave without pay occurred before June 30, 

1997, the time attributable to the excess leave 

without pay is subtracted from the service 

used in both the Federal Benefit Payment and 

the total benefit computations. The Federal 

Benefit Payment begins at retirement. It is 

based on the 32 years and 8 months of 

service (32 years, 11 months, and 28 days 

minus 3 months and 18 days and the partial 

month dropped); 5 years of service at the 1.5 

percent accrual rate, 5 years of service at the 

1.75 percent accrual rate, and 22 years and 

8 months of service at the 2 percent accrual 

rate. The total annuity is based on 33 years 

and 4 months of service (33 years, 7 months 

and 28 days minus 3 months and 18 days and 

the partial month dropped) 5 years of service 

at the 1.5 percent accrual rate, 5 years of 

service at the 1.75 percent accrual rate and 

23 years and 4 months of service at the 2 

percent accrual rate. 

Note: For the Teachers Plan, section 

1230(a) of title 31 of the D.C. Code (1997) 

allows for 6 months leave without pay in any 

fiscal year. For the Police and Firefighters 

Plan, section 610(d) of title 4 of the D.C. Code 

(1997) allows for 6 months leave without pay 

in any calendar year. 

EXAMPLE 4—TEACHERS OPTIONAL

[Pre-96 hire] 

Total Annuity Computation 

Birth date: 11/04/33 

Hire date: 03/01/71 

Separation date: 02/28/98 

Department service: 27/00/00 

Other service: 06/07/28 

EXAMPLE 4—TEACHERS OPTIONAL— 

Continued 

[Pre-96 hire] 

Excess LWOP: 00/03/18 

.015 service: 5 

.0175 service: 5 

.02 service: 23.333333 

Average salary: $53,121.00 

Total: $33,421.98 

Total/month: $2,785.00 

Federal Benefit Payment Computation 

Birth date: 11/04/33 

Hire date: 03/01/71 

Freeze date: 06/30/97 

Department service: 26/04/00 

Other service: 06/07/28 

Excess LWOP: 00/03/18 

.015 service: 5 

.0175 service: 5 

.02 service: 22.666667 

Average salary: $53,121.00 

Total: $32,713.66 

Total/month: $2,726.00 

Total federal/month ÷ total/month: 0.978815 

Example 5: Service Credit Deposits 

A. An individual covered by the Teachers 

Plan hired before 1996 retires in October 

1997. At retirement, he is age 61 with 30 

years and 3 days of departmental service plus 

3 years, 4 months, and 21 days of other 

service that preceded the departmental 

service for which the deposit was fully paid 

on or before June 30, 1997. The Federal 

Benefit Payment begins at retirement. It is 

based on the 29 years, 8 months, and 22 days 

of departmental service and 3 years, 4 

months, and 21 days of service performed as 

of June 30, 1997. Thus, the Federal Benefit 

Payment is based on 33 years and 1 month 

of service; 5 years of service at the 1.5 

percent accrual rate, 5 years of service at the 

1.75 percent accrual rate, and 23 years and 

1 month of service at the 2 percent accrual 

rate. The total annuity is based on 33 years 

and 4 months of service; 5 years of service 

at the 1.5 percent accrual rate, 5 years of 

service at the 1.75 percent accrual rate and 

23 years and 4 months of service at the 2 

percent accrual rate. 

EXAMPLE 5A—TEACHERS OPTIONAL

[Pre-96 hire] 

Total Annuity Computation 

Birth date: 09/10/36 

Hire date: 10/09/67 

Separation date: 10/11/97 

Department Service: 30/00/03 

Other service: 03/04/21 

Deposit paid before freeze date: 

Other service credit allowed: 

Sick leave: 

.015 service: 5 

.0175 service: 5 

.02 service: 23.333333 

Average salary: $45,680.80 

Total: $28,740.85 

Total/month: $2,395.00 

EXAMPLE 5A—TEACHERS OPTIONAL— 

Continued 

[Pre-96 hire] 

Federal Benefit Payment Computation 

Birth date: 09/10/36 

Hire date: 10/09/67 

Freeze date: 06/30/97 

Department service: 29/08/22 

Other service: 03/04/21 

Deposit paid before freeze date: 

Other service credit allowed: 

Sick Leave: 

.015 service: 5 

.0175 service: 5 

.02 service: 23.08333; 13 days 

dropped 

Average salary: $45,680.80 

Total: $28,512.45 

Total/month: $2,376.00 

Total federal/month ÷ total/month: 0.992067 

B. In this example, the employee in 

example 5A did not pay any of the deposit 

to obtain credit for the 3 years, 4 months, and 

21 days of other service as of June 30, 1997. 

Thus, none of the other service is used in the 

computation of the Federal Benefit Payment. 

An individual covered by the Teachers Plan 

hired before 1996 retires in October 1997. At 

retirement, he is age 61 with 30 years and 3 

days of departmental service plus 3 years, 4 

months, and 21 days of other service that 

preceded the departmental service for which 

the deposit was paid in full in October 1997 

(at retirement). The Federal Benefit Payment 

begins at retirement. It is based on only the 

29 years, 8 months, and 22 days of 

departmental service performed as of June 

30, 1997; 5 years of service at the 1.5 percent 

accrual rate, 5 years of service at the 1.75 

percent accrual rate, and 19 years and 8 

months of service at the 2 percent accrual 

rate. The total annuity is based on 33 years 

and 4 months of service; 5 years of service 

at the 1.5 percent accrual rate, 5 years of 

service at the 1.75 percent accrual rate and 

23 years and 4 months of service at the 2 

percent accrual rate. 

EXAMPLE 5B—TEACHERS OPTIONAL

[Pre-96 hire] 

Total Annuity Computation 

Birth date: 09/10/36 

Hire date: 10/09/67 

Separation date: 10/11/97 

$0.00 

Department service: 30/00/03 

Other service: 03/04/21 

Total deposit paid after 6/30/97: 

Sick leave: 

.015 service: 5 

.0175 service: 5 

.02 service: 23.333333 

Average salary: $45,680.80 

Total: $28,740.85 

Total/month: $2,395.00 

Federal Benefit Payment Computation 

Birth date: 09/10/36 

Hire date: 10/09/67 


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EXAMPLE 5B—TEACHERS OPTIONAL— 

Continued 

[Pre-96 hire] 

Freeze date: 06/30/97 

Department service: 29/08/22 

Other service: none 

Total deposit paid after 6/30/97: 

Sick leave: 

.015 service: 5 

.0175 service: 5 

.02 service: 19.666667; 22 days 

dropped 

Average salary: $45,680.80 

Total: $25,390.90 

Total/month: $2,116.00 

Total federal/month ÷ total/month: 0.883507 

C. In this example, the employee in 

examples 5A and B began installment 

payments on the deposit to obtain credit for 

the 3 years, 4 months, and 21 days of other 

service as of June 30, 1997, but did not 

complete the deposit until October 1997 (at 

retirement). The other service is not used in 

the computation of the Federal Benefit 

Payment because the payment was not 

completed as of June 30, 1997. Thus, the 

result is the same as in example 5B. 

EXAMPLE 5C—TEACHERS OPTIONAL

[Pre-96 hire] 

Total Annuity Computation 

Birth date: 09/10/36 

Hire date: 10/09/67 

Separation date: 10/11/97 

Department service: 30/00/03 

Other service: 03/04/21 

Partial deposit paid as of 6/30/97: 

Deposit completed after 6/30/97: 

Sick leave: 

.015 service: 5 

.0175 service: 5 

.02 service: 23.333333 

Average salary: $45,680.80 

Total: $28,740.85 

Total/month: $2,395.00 

Federal Benefit Payment Computation 

Birth date: 09/10/36 

Hire date: 10/09/67 

Freeze date: 06/30/97 

Department service: 29/08/22 

Other service: none 

Partial deposit paid as of 6/30/97: 

Deposit completed after 6/30/97: 

Sick leave: 

.015 service: 5 

.0175 service: 5 

.02 service: 19.666667; 22 days dropped 

Average salary: $45,680.80 

Total: $25,390.90 

Total/month: $2,116.00 

Total federal/month ÷ total/month: 0.883507 

Disability Retirement Examples 

Example 6: Disability Occurs Before 

Eligibility for Optional Retirement 

A. In this example, an individual covered 

by the Police and Firefighters Plan hired 

before 1980 retires based on a disability in 

the line of duty in October 1997. At 

retirement, he is age 45 with 18 years, 5 

months, and 11 days of departmental service. 

Since he had performed less than 20 years of 

service and had not reached the age of 

eligibility for an optional retirement, the 

Federal Benefit Payment does not begin at 

retirement. When the disability annuitant 

reaches age 55, he satisfies the age and 

service requirements for deferred retirement. 

At that time (August 20, 2007), the Federal 

Benefit Payment begins. It is based on the 18 

years, 1 month, and 17 days of departmental 

service performed as of June 30, 1997, all at 

the 2.5 percent accrual rate. 

EXAMPLE 6A—POLICE DISABILITY IN

LINE OF DUTY, AGE 45 

[Pre-80 hire] 

Total Annuity Computation 

Birth date: 08/20/52 

Hire date: 05/14/79 

Separation date: 10/24/97 

Department service: 18/05/11 

Other service: 

Sick leave: 

.025 service: 18.416667 

.03 service: 

Average salary: $47,788.64 

Final salary: $50,938.00 

Total: $22,002.70 

Total/month: $1,834.00 

2/3 of average pay: $31,859.11 

Monthly: $2,655.00 

Federal Benefit Payment Computation 

Birth date: 08/20/52 

Hire date: 05/14/79 

Freeze date: 06/30/97 

Department service: 18/01/17 

Other service: 

Sick leave: 

.025 service: 18.083333 

.03 service: 

Average salary: $47,788.64 

Final salary: $50,938.00 

Total: $21,604.43 

Total/month: $1,800.00; deferred 

Total federal/month ÷ total/month: 0.0 (at 

time of retirement) 

B. In this example, an individual covered 

by the Teachers Plan hired before 1996 

retires based on a disability in December 

1997. At retirement, she is age 49 with 27 

years and 4 months of departmental service 

which includes 3 years, 3 months and 14 

days of excess leave without pay (prior to 

June 30, 1997). Since she does not qualify for 

optional retirement at separation, the Federal 

Benefit Payment does not begin at separation. 

When the disability annuitant reaches age 62, 

she will satisfy the age and service 

requirements for deferred retirement. At that 

time (March 9, 2010), the Federal Benefit 

Payment begins. The time attributable to the 

excess leave without pay is subtracted from 

the service used to compute the Federal 

Benefit Payment. Since the excess leave 

without pay occurred before June 30, 1997, 

the deferred Federal Benefit Payment is 

based on the 23 years and 6 months of 

service; 5 years of service at the 1.5 percent 

accrual rate, 5 years of service at the 1.75 

percent accrual rate, and 13 and 6 months of 

service at the 2 percent accrual rate. 

EXAMPLE 6B—TEACHERS DISABILITY

AGE 49 

[Pre-96 hire] 

Total Annuity Computation 

Birth date: 03/09/48 

Hire date: 09/01/70 

Separation date: 12/31/97 

Department service: 27/04/00 

Other service: 

Excess LWOP: 03/03/14 

.015 service: 5 

.0175 service: 5 

.02 service: 14 

Average salary: $53,121.00 

Total: $23,506.04 

Total/month: $1,959.00 

Federal Benefit Payment Computation 

Birth date: 03/09/48 

Hire date: 09/01/70 

Freeze date: 06/30/97 

Department service: 26/10/00 

Other service: 

Excess LWOP: 03/03/14 

.015 service: 5 

.0175 service: 5 

.02 service: 13.5 

Average salary: $53,121.00 

Total: $22,974.83 

Total/month: $1,915.00; deferred 

Total federal/month ÷ total/month: 0.0 (at 

time of retirement) 

Example 7: Disability Occurs After Eligibility 

for Optional Retirement 

A. In this example, an individual covered 

by the Police and Firefighters Plan hired 

before 1980 retires based on a disability in 

the line of duty in October 1997. At 

retirement, she is age 55 with 24 years, 5 

months, and 11 days of departmental service. 

Since she was also eligible for optional 

retirement at the time of separation, the 

Federal Benefit Payment commences at 

retirement. It is based on the 24 years, 1 

month, and 17 days of departmental service 

performed as of June 30, 1997. Thus, the 

Federal Benefit Payment is based on 20 years 

of service at the 2.5 percent accrual rate and 

4 years and 1 month of service at the 3 

percent accrual rate. The total annuity is 

based on the disability formula and is equal 

to two-thirds of average pay because that 

amount is higher than the 63.25 percent 

payable based on total service. 

EXAMPLE 7A—POLICE DISABILITY IN

LINE OF DUTY AGE 55 

[Pre-80 hire] 

Total Annuity Computation 

Birth date: 10/01/42 

Hire date: 05/14/73 

Separation date: 10/24/97 

Department service: 24/05/11 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
71056 Federal Register / Vol. 75, No. 224 / Monday, November 22, 2010 / Proposed Rules 

EXAMPLE 7A—POLICE DISABILITY IN

LINE OF DUTY AGE 55—Continued 

[Pre-80 hire] 

Other service: 

Sick leave: 

.025 service: 20 

.03 service: 4.416667 

Average salary: $47,788.64 

Final salary: $50,938.00 

Total: $30,226.31 

Total/month: $2,519.00 

2/3 of average pay: $31,859.11 

Monthly: $2,655.00 

Federal Benefit Payment Computation 

Birth date: 10/01/42 

Hire date: 05/14/73 

Freeze date: 06/30/97 

Department service: 24/01/17 

Other service: 

Sick leave: 

.025 service: 20 

.03 service: 4.083333 

Average salary: $47,788.64 

Final salary: $50,938.00 

Total: $29,748.43 

Total/month: $2,479.00 

Total federal/month ÷ total/month: 0.984121 

B. In this example, an individual covered 

by the Teachers Plan hired before 1996 

retires based on a disability in December 

1997. At retirement, he is age 60 with 27 

years and 4 months of departmental service 

which includes 3 years, 3 months and 14 

days of excess leave without pay (prior to 

June 30, 1997). Since he qualifies for optional 

retirement at separation, the Federal Benefit 

Payment begins at retirement. Since the 

excess leave without pay occurred before 

June 30, 1997, and the total annuity is based 

on actual service (that is, exceeds the 

guaranteed disability minimum), the time 

attributable to the excess leave without pay 

is subtracted from the service used to 

compute the Federal Benefit Payment and 

total benefit. The Federal Benefit Payment is 

based on 23 years and 6 months of service; 

5 years of service at the 1.5 percent accrual 

rate, 5 years of service at the 1.75 percent 

accrual rate, and 13 years and 6 months of 

service at the 2 percent accrual rate. The total 

annuity payable is based on 24 years of 

service; 5 years of service at the 1.5 percent 

accrual rate, 5 years of service at the 1.75 

percent accrual rate, and 14 years of service 

at the 2 percent accrual rate. 

EXAMPLE 7B—TEACHERS DISABILITY

AGE 60 

[Pre-96 hire] 

Total Annuity Computation 

Birth date: 03/09/37 

Hire date: 09/01/70 

Separation date: 12/31/97 

Department service: 27/04/00 

Other service: 

Excess LWOP: 03/03/14 

.015 service: 5 

.0175 service: 5 

.02 service: 14 

EXAMPLE 7B—TEACHERS DISABILITY

AGE 60—Continued 

[Pre-96 hire] 

Average salary: $53,121.00 

Total: $23,506.04 

Total/month: $1,959.00 

Federal Benefit Payment Computation 

Birth date: 03/09/37 

Hire date: 09/01/70 

Freeze date: 06/30/97 

Department service: 26/10/00 

Other service: 

Excess LWOP: 03/03/14 

.015 service: 5 

.0175 service: 5 

.02 service: 13.5 

Average salary: $53,121.00 

Total: $22,974.83 

Total/month: $1,915.00 

Total federal/month ÷ total/month: 0.977540 

Deferred Retirement Examples 

Example 8: All Service Before June 30, 1997 

In this example, an individual covered by 

the Police and Firefighters Plan hired before 

1980 separated in March 1986 with title to 

a deferred annuity. In November 1997, he 

reaches age 55 and becomes eligible for the 

deferred annuity based on his 15 years, 9 

months, and 8 days of departmental service, 

all at the 2.5 percent accrual rate. The total 

annuity is based on the same 15 years, 9 

months, and 8 days of service all at the 2.5 

percent accrual rate. Since all the service is 

creditable as of June 30, 1997, the Federal 

Benefit Payment equals the total annuity. 

EXAMPLE 8—POLICE DEFERRED

[Pre-80 hire] 

Total Annuity Computation 

Birth date: 11/20/42 

Hire date: 06/01/70 

Separation date: 03/08/86 

Department service: 15/09/08 

Other service: 

Sick leave: 

.025 service: 15.75 

.03 service: 0 

Average salary: $30,427.14 

Final salary: $45,415.00 

Total: $11,980.69; deferred 

Total/month: $998.00; deferred 

Federal Benefit Payment Computation 

Birth date: 11/20/42 

Hire date: 06/01/70 

Freeze date: 03/08/86 

Department service: 15/09/08 

Other service: 

Sick leave: 

.025 service: 15.75 

.03 service: 0 

Average salary: $30,427.14 

Final salary: $45,415.00 

Total: $11,980.69; deferred 

Total/month: $998.00; deferred 

Total federal/month ÷ total/month: 1.0; deferred 

Example 9: Service Straddles June 30, 1997 

In this example, an individual covered by 

the Police and Firefighters Plan hired before 

1980 separated in December 1997 with title 

to a deferred annuity. In November 2007, he 

will reach age 55 and becomes eligible to 

receive a deferred annuity. At that time, the 

Federal Benefit Payment begins. It is based 

on the 18 years and 1 month of departmental 

service performed as of June 30, 1997, all at 

the 2.5 percent accrual rate. The total annuity 

begins at the same time, based on his 18 

years, 6 months, and 8 days of departmental 

service, all at the 2.5 percent accrual rate. 

EXAMPLE 9—POLICE DEFERRED

[Pre-80 hire] 

Total Annuity Computation 

Birth date: 11/20/52 

Hire date: 06/01/79 

Separation date: 12/08/97 

Department service: 18/06/08 

Other service: 

Sick leave: 

.025 service: 18.5 

.03 service: 0 

Average salary: $30,427.14 

Final salary: $45,415.00 

Total: $14,072.55; deferred 

Total/month: $1,173.00; deferred 

Federal Benefit Payment Computation 

Birth date: 11/20/52 

Hire date: 06/01/79 

Freeze date: 06/30/97 

Department service: 18/01/00 

Other service: 

Sick leave: 

.025 service: 18.083333 

.03 service: 0 

Average salary: $30,427.14 

Final salary: $45,415.00 

Total: $13,755.60; deferred 

Total/month: $1,146.00; deferred 

Total federal/month ÷ total/month: 0.976982; 

deferred 

Reduction To Provide a Survivor Annuity 

Examples 

Example 10: Survivor Reduction 

Calculations 

Both of the following examples involve a 

former teacher who elected a reduced 

annuity to provide a survivor benefit: 

A. In this example, the employee elects to 

provide full survivor benefits of 55% of the 

employee’s unreduced annuity. The total 

annuity is reduced by 21⁄2 percent of the first 

$3,600 and 10 percent of the balance. The 

reduced Federal Benefit Payment is 

determined by multiplying the reduced total 

annuity (rounded) by the ratio of the 

unreduced Federal Benefit Payment to the 

unreduced total annuity. Military service 

occurred prior to June 30, 1997 and purchase 

of other service was completed prior to June 

30, 1997. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 224 / Monday, November 22, 2010 / Proposed Rules 71057 

EXAMPLE 10A—TEACHERS OPTIONAL

W/SURVIVOR REDUCTION

[Pre-96 Hire] 

Total Annuity Computation 

Birth date: 11/01/42 

Hire date: 11/01/68 

Separation date: 12/31/97 

Department service: 29/02/00 

Other service: 03/09/18 

Military: 00/09/11 

.015 service: 5 

.0175 service: 5 

.02 service: 23.666667 

Average salary: $66,785.00 

Total unreduced: $42,464.13 

Total unreduced/month: $3,539.00 

Reduction: $3,976.41 

Total: $38,487.72 

Total/month: $3,207.00 

Federal Benefit Payment Computation 

Birth date: 11/01/42 

Hire date: 11/01/68 

Freeze date: 06/30/97 

Department service: 28/08/00 

Other service: 03/09/18 

Military: 00/09/11 

.015 service: 5 

.0175 service: 5 

.02 service: 23.166667 

Average salary: $66,785.00 

Total federal unreduced: $41,796.28 

Total federal unreduced/month: $3,483.00 

Total federal unreduced/month ÷ total unreduced/month: 0.984176 

Total federal/month: $3,156.00 

B. In this example, the employee elects to 

provide a partial survivor annuity of 26% of 

the employee’s unreduced annuity. The total 

annuity is reduced by 21⁄2 percent of the first 

$3,600 of $20,073.95 and 10 percent of the 

balance. The reduced Federal Benefit 

Payment is determined by multiplying the 

reduced total annuity (rounded) by the ratio 

of the unreduced Federal Benefit Payment to 

the unreduced total annuity. 

EXAMPLE 10B—TEACHERS OPTIONAL

W/SURVIVOR REDUCTION

[Pre-96 hire] 

Total Annuity Computation 

Birth date: 11/01/42 

Hire date: 11/01/68 

Separation date: 12/31/97 

Department service: 29/02/00 

Other service: 03/09/18 

Military: 00/09/11 

.015 service: 5 

.0175 service: 5 

.02 service: 23.666667 

Average salary: $66,785.00 

Total unreduced: $42,464.13 

Total unreduced/month: $3,539.00 

Reduction: $1,737.40 

Total reduced: $40,726.73 

Total reduced/month: $3,394.00 

EXAMPLE 10B—TEACHERS OPTIONAL

W/SURVIVOR REDUCTION—Continued 

[Pre-96 hire] 

Federal Benefit Payment Computation 

Birth date: 11/01/42 

Hire Date: 11/01/68 

Freeze date: 06/30/97 

Department service: 28/08/00 

Other service: 03/09/18 

Military: 00/09/11 

.015 service: 5 

.0175 service: 5 

.02 service: 23.166667 

Average salary: $66,785.00 

Total federal unreduced: $41,796.28 

Total federal unreduced/month: $3,483.00 

Total federal unreduced/month ÷ total unreduced/month: 0.984176 

Total federal reduced/month: $3,340.00 

Early Optional or Involuntary Retirement 

Examples 

Example 11: Early Optional With Age 

Reduction 

In this example, an individual covered by 

the Teachers Plan hired before 1996 retires 

voluntarily in February 1998, under a special 

program that allows early retirement with at 

least 20 years of service at age 50 older, or 

at least 25 years of service at any age. At 

retirement, she is 6 full months short of age 

55. She has 25 years and 5 months of 

departmental service; 6 years, 2 months, and 

19 days of other service (creditable before 

June 30, 1997); and 2 months and 9 days of 

unused sick leave. Since she is not eligible 

for optional retirement and she is eligible to 

retire voluntarily only because of the Districtapproved special program, the Federal 

Benefit Payment is calculated similar to a 

disability retirement. It does not begin until 

she becomes eligible for a deferred annuity 

at age 62. When it commences the Federal 

Benefit Payment will be based on the service 

creditable as of June 30, 1997: 30 years and 

11 months of service; 5 years of service at the 

1.5 percent accrual rate, 5 years of service at 

the 1.75 percent accrual rate, and 20 years 

and 11 months of service at the 2 percent 

accrual rate. The total annuity is based on 5 

years of service at the 1.5 percent accrual 

rate, 5 years of service at the 1.75 percent 

accrual rate and 21 years and 9 months of 

service at the 2 percent accrual rate 

(including the unused sick leave). Because 

the Federal Benefit Payment is based on the 

deferred annuity, rather than the early 

voluntary retirement, it is not reduced by the 

age reduction factor used to compute the 

total benefit. 

EXAMPLE 11—TEACHERS EARLY OUT

W/AGE REDUCTION

[Pre-96 hire] 

Total Annuity Computation 

Birth date: 09/20/43 

Hire date: 10/01/72 

Separation date: 02/28/98 

Department service: 25/05/00 

Other service: 06/02/19 

EXAMPLE 11—TEACHERS EARLY OUT

W/AGE REDUCTION—Continued 

[Pre-96 hire] 

Sick leave: 00/02/09 

.015 service: 5 

.0175 service: 5 

.02 service: 21.75 

Average salary: $69,281.14 

Total unreduced: $41,395.48 

Age reduction factor: 0.990000 

Total reduced: $40,981.53 

Total/month: $3,415.00 

Federal Benefit Payment Computation 

Birth date: 09/20/43 

Hire date: 10/01/72 

Freeze date: 06/30/97 

Department service: 24/09/00 

Other service: 06/02/19 

.015 service: 5 

.0175 service: 5 

.02 service: 20.916667 

Average salary: $69,281.14 

Total unreduced: $40,240.80; deferred 

Reduction factor: 1.000000 no reduction 

Total reduced: $40,240.80; deferred 

Total/month: $3,353.00 deferred 

Total federal unreduced/month ÷ total unreduced/month: 0.0 (at time of retirement) 

Example 12: Involuntary With Age 

Reduction 

In this example, an individual covered by 

the Teachers Plan hired before 1996 retires 

involuntarily in February 1998. At 

retirement, she is 6 full months short of age 

55. She has 25 years and 5 months of 

departmental service; 6 years, 2 months, and 

19 days of other service (creditable before 

June 30, 1997); and 2 months and 9 days of 

unused sick leave. The Federal Benefit 

Payment begins at retirement. It is based on 

the 30 years and 11 months of service; 5 

years of service at the 1.5 percent accrual 

rate, 5 years of service at the 1.75 percent 

accrual rate, and 20 years and 11 months of 

service at the 2 percent accrual rate. The total 

annuity is based on 5 years of service at the 

1.5 percent accrual rate, 5 years of service at 

the 1.75 percent accrual rate and 21 years 

and 9 months of service at the 2 percent 

accrual rate (including the unused sick 

leave). Both the Federal Benefit Payment and 

the total benefit are reduced by the age 

reduction factor. 

EXAMPLE 12—TEACHERS

INVOLUNTARY W/AGE REDUCTION

[Pre-96 hire] 

Total Annuity Computation 

Birth date: 09/20/43 

Hire date: 10/01/72 

Separation date: 02/28/98 

Department service: 25/05/00 

Other service: 06/02/19 

Sick leave: 00/02/09 

.015 service: 5 

.0175 service: 5 

.02 service: 21.75 

Average salary: $69,281.14 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
71058 Federal Register / Vol. 75, No. 224 / Monday, November 22, 2010 / Proposed Rules 

EXAMPLE 12—TEACHERS INVOLUNTARY W/AGE REDUCTION—Continued 

[Pre-96 hire] 

Total unreduced: $41,395.48 

Age reduction factor: 0.990000 

Total reduced: $40,981.53 

Total/month: $3,415.00 

Federal Benefit Payment Computation 

Birth date: 09/20/43 

Hire date: 10/01/72 

Freeze date: 06/30/97 

Department service: 24/09/00 

Other service: 06/02/19 

.015 service: 5 

.0175 service: 5 

.02 service: 20.916667 

Average salary: $69,281.14 

Total unreduced: $40,240.80 

Age reduction factor: 0.990000 

Total reduced: $39,838.39 

Total/month: $3,320.00 

Total federal/month ÷ total/month: 0.972182 

Death Benefits Example 

Example 13: Death Benefits Calculation 

Examples A and B involve service-based 

death benefits calculations. Examples C–F 

involve non-service-based death benefits 

calculations. Examples G and H involve 

disability death benefit calculations. 

A. In this example, an individual covered 

by the Teachers Plan retires in December 

1997 and elects to provide a full survivor 

annuity. He dies in June 1998. The survivor’s 

Federal Benefit Payment is 98.4 percent 

($3,483 ÷ $3,539) of the total survivor benefit. 

EXAMPLE 13A—TEACHERS DEATH

BENEFITS

[Pre-96 hire] 

Total Annuity Computation 

Birth date: 11/01/42 

Hire date: 11/01/68 

Separation date: 12/31/97 

Death date: 06/24/98 

Department service: 29/02/00 

Other service: 03/09/18 

Military: 00/09/11 

Average salary: $66,785.00 

Total unreduced/month (retiree): $3,539.00 

Total/month (survivor): $1,946.00 

Federal Benefit Payment Computation 

Birth date: 11/01/42 

Hire date: 11/01/68 

Freeze date: 06/30/97 

Death date: 06/24/98 

Department service: 28/08/00 

Other service: 03/09/18 

Military: 00/09/11 

Average salary: $66,785.00 

Total federal unreduced/month (retiree): 

$3,483.00 

Total federal unreduced/month (retiree) ÷ 

total unreduced/month (retiree): 0.984176 

Total federal/month (survivor): $1,915.00 

B. In this example, a teacher dies in service 

on June 30, 1998 after 31 years of 

departmental service. Since the survivor 

annuity is based on actual service, the 

Federal Benefit Payment is 96.5 percent 

($1,818 ÷ $1,883) of the total survivor benefit. 

EXAMPLE 13B—TEACHERS DEATH

BENEFITS

[Pre-96 hire] 

Total Annuity Computation 

Birth date: 07/01/39 

Hire date: 07/01/67 

Separation date: 06/30/98 

Death date: 06/30/98 

Department service: 31/00/00 

Average salary: $38,787.88 

Total (retiree): $22,593.94 

Total/month (retiree): $1,883.00 

Total/month (survivor): $1,036.00 

Federal Benefit Payment Computation 

Birth date: 07/01/39 

Hire date: 07/01/67 

Freeze date: 06/30/97 

Death date: 06/30/98 

Department service: 30/00/00 

Average salary: $38,787.88 

Total federal (retiree): $21,818.18 

Total federal/month (retiree): $1,818.00 

Total federal/month (retiree) ÷ total/month 

(retiree): 0.965481 

Total federal/month (survivor): $1,000.00 

C. In this example, as in Example A, an 

individual covered by the Teachers Plan 

retires in December 1997 but elects to 

provide a survivor annuity of $12,000. He 

dies in June 1998. Because the amount of the 

survivor annuity is not service-based, the 

Federal Benefit Payment is a prorated portion 

of the total benefit. Since the teacher had 398 

months of service as of the freeze date and 

404 months of service, at retirement, the 

Federal Benefit Payment equals 398/404ths 

of the total benefit. 

EXAMPLE 13C—TEACHERS DEATH

BENEFITS

[Pre-96 hire] 

Total Annuity Computation 

Birth date: 11/01/42 

Hire date: 11/01/68 

Separation date: 12/31/97 

Death date: 06/24/98 

Department service: 29/02/00 

Other service: 03/09/18 

Military: 00/09/11 

Months of service: 404 

Total: $12,000.00 

Total/month: $1,000.00 

Federal Benefit Payment Computation 

Birth date: 11/01/42 

Hire date: 11/01/68 

Freeze date: 06/30/97 

Death date: 06/24/98 

Department service: 28/08/00 

EXAMPLE 13C—TEACHERS DEATH

BENEFITS—Continued 

[Pre-96 hire] 

Other service: 03/09/18 

Military: 00/09/11 

Months of service: 398 

Federal service ÷ total service: 0.985149 

Total: $11,820.00 

Total/month: $985.00 

D. In this example, a teacher dies in service 

on April 1, 1998 after 14 years and 6 months 

of departmental service. Because the survivor 

annuity is based on the guaranteed 

minimum, the Federal Benefit Payment is a 

prorated portion of the total benefit. Since 

the teacher had 165 months of service as of 

the freeze date and 180 months of service, 

including unused sick leave, at death, the 

Federal Benefit Payment equals 165/180ths 

of the total benefit. 

EXAMPLE 13D—TEACHERS DEATH

BENEFITS

[Pre-96 hire] 

Total Annuity Computation 

Birth date: 04/01/61 

Hire date: 10/01/83 

Separation date: 04/01/98 

Death date: 04/01/98 

Department service: 14/06/01 

Unused Sick Leave: 00/06/00 

Average salary: $36,000.00 

Months of service: 180 

Total: $7,920.00 

Total/month: $660.00 

Federal Benefit Payment Computation 

Birth date: 04/01/61 

Hire date: 04/01/83 

Freeze date: 06/30/97 

Death date: 04/01/98 

Department Service: 13/09/00 

Average salary: $36,000.00 

Months of service: 165 

Federal service ÷ total service: 0.916667 

Total: $7,260.00 

Total/month: $605.00 

E. In this example, as in the prior example, 

a teacher dies in service on April 1, 1998 

after 15 years of departmental service. 

However, in this example, the teacher was 

age 40 on the hire date. The amount of 

service used in the survivor annuity 

calculation equals the amount of service that 

the teacher would have had if the teacher 

continued covered employment until age 60. 

Because the survivor annuity is based on 

projected service, a form of the guaranteed 

minimum, the Federal Benefit Payment is a 

prorated portion of the total benefit. Since 

the teacher had 171 months of service as of 

the freeze date and 180 months of service at 

death, the Federal Benefit Payment equals 

171/180ths of the total benefit. 


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Federal Register / Vol. 75, No. 224 / Monday, November 22, 2010 / Proposed Rules 71059 

EXAMPLE 13E—TEACHERS DEATH

BENEFITS

[Pre-96 hire] 

Total Annuity Computation 

Birth date: 04/01/43 

Hire date: 04/01/83 

Separation date: 04/01/98 

Death date: 04/01/98 

Department service: 15/00/01 

Departmental Service projected to age 60: 

20/00/01 

.015 service: 5 

.0175 service: 5 

.02 service: 10 

Average salary: $36,000.00 

Months of service: 180 

Total: $7,177.50 

Total/month: $598.00 

Federal Benefit Payment Computation 

Birth date: 04/01/43 

Hire date: 04/01/83 

Freeze date: 06/30/97 

Death date: 04/01/98 

Department service: 14/03/00 

Average salary: $36,000.00 

Months of service: 171 

Federal service ÷ total service: 0.950000 

Total: $6,818.63 

Total/month: $568.00 

F. In this example, a police officer dies in 

the line of duty on July 31, 2001 after 18 

years of departmental service. The survivor 

annuity is equal to 100 percent of the 

officer’s pay at the time of death, as provided 

by District legislation effective October 1, 

2000. However, the Federal Benefit Payment 

is calculated based on plan provisions in 

effect on June 29, 1997, which provided for 

a survivor annuity equal to 40 percent of the 

officer’s pay at the time of death. Because the 

Federal Benefit Payment is not service-based 

and the officer had 167 months of service as 

of the freeze date and 216 months of service, 

including unused sick leave, at death, the 

Federal Benefit Payment equals 167/216ths 

of the total benefit calculated according to 

plan provisions in effect on July 1, 1997. The 

difference between the total benefit paid and 

the Federal Benefit Payment calculated 

according to plan provisions in effect on June 

29, 1997 is the responsibility of the District 

government. 

EXAMPLE 13F—POLICE DEATH

BENEFITS

[Pre-96 hire] 

Total Annuity Computation 

Birth date: 07/13/62 

Hire date: 08/01/83 

Death date: 07/31/2001 

Department service: 18/00/00 

Average salary: $54,000.00 

Final salary: $56,000.00 

Months of service: 216 

Total: $56,004.00 

Total/month: $4,667.00 

Total based on July 1, 1997 provisions: 

$21,600.00 

EXAMPLE 13F—POLICE DEATH

BENEFITS—Continued 

[Pre-96 hire] 

Total/month based on July 1, 1997 provisions: $1,800.00 

Federal Benefit Payment Computation 

Birth date: 07/13/62 

Hire date: 08/01/83 

Freeze date: 06/30/97 

Death date: 07/31/2001 

Department service: 13/11/00 

Months of service: 167 

Federal service ÷ total service: 0.773148 

Total: $16,704.00 

Total/month: $1,392.00 

G. In this example, a firefighter dies on July 

1, 1999 at age 47 after retiring based on a 

disability in the line of duty in November 

1997. At separation, the firefighter was not 

eligible for optional retirement but was 

eligible to receive a deferred retirement 

annuity at age 55. Therefore, the survivor’s 

Federal Benefit Payment is calculated based 

on the plan rules for deferred retirees. Under 

the Police and Firefighters Plan, if a 

separated police officer or firefighter eligible 

for deferred retirement dies before reaching 

age 55, the survivor is eligible to receive an 

annuity. The survivor annuity is based on the 

firefighter’s adjusted average pay. Therefore, 

the survivor’s Federal Benefit Payment is a 

prorated portion of the survivor annuity. 

Since the firefighter had 217 months of 

service as of the freeze date and 222 months 

of service at retirement, the survivor’s 

Federal Benefit Payment equals 217/222nds 

of the total survivor benefit. 

EXAMPLE 13G—FIREFIGHTERS DISABILITY/EARLY VOLUNTARY DEATH

BENEFITS

Total Annuity Computation 

Birth date: 08/20/52 

Hire date: 05/14/79 

Separation date: 11/28/97 

Death date: 07/01/99 

Department service: 18/06/15 

Adjusted average salary: $45,987.00 

Months of service: 222 

Total: $18,396.00 

Total/month: $1,533.00 

Federal Benefit Payment Computation 

Birth date: 08/20/52 

Hire date: 05/14/79 

Freeze date: 06/30/97 

Death date: 07/01/99 

Department service: 18/01/17 

Adjusted average salary: $45,987.00 

Months of service: 217 

Federal service ÷ total service: .977477 

Total: $17,976.00 

Total/month: $1,498.00 

H. In this example, a teacher dies on 

August 3, 1999 at age 58 after retiring based 

on a disability in April 1998. At separation, 

the teacher was not eligible for optional 

retirement but was eligible to receive a 

deferred retirement annuity at age 62. 

Therefore, the survivor’s Federal Benefit 

Payment is calculated based on the plan rules 

for deferred retirees. Under the Teachers 

Plan, if a separated teacher eligible for 

deferred retirement dies before reaching age 

62, the survivor is not eligible to receive an 

annuity. Therefore, the survivor’s Federal 

Benefit Payment is zero and the survivor 

annuity is the full responsibility of the 

District. 

EXAMPLE 13H—TEACHERS DISABILITY/ 

EARLY VOLUNTARY DEATH BENEFITS

Total Annuity Computation 

Birth date: 08/01/41 

Hire date: 07/01/76 

Separation date: 04/30/98 

Death date: 08/03/99 

Total: $21,888.00 

Total/month: $1,824.00 

Federal Benefit Payment Computation 

Birth date: 08/01/41 

Hire date: 07/01/76 

Separation date: 04/30/98 

Death date: 08/03/99 

Total: $0.00 

Total/month: $0.00 

Total federal/month ÷ total/month: 0.0 

Cost of Living Adjustment (COLA) Examples 

Example 14: Application of Cost of Living 

Adjustments 

In cases in which the District plan applies 

the same cost of living adjustment that is 

provided for the Federal Benefit Payment, the 

federal percentage is applied to the new total 

benefit after the adjustment to determine the 

new Federal Benefit Payment after the 

adjustment. 

A. In this example, a teacher retiree 

receives a cost of living adjustment that is the 

same for the federal and District portions of 

the total benefit. The federal percentage for 

the retiree is applied to the new total benefit 

after the adjustment to determine the new 

Federal Benefit Payment after the adjustment. 

EXAMPLE 14A—TEACHERS COLA— 

RETIREE W/SURVIVOR REDUCTION

[Pre-96 hire] 

Benefit Computation (at retirement) 

Total unreduced: $42,464.13 

Total unreduced/month: $3,539.00 

Total/month: $3,207.00 

Federal unreduced: $41,796.28 

Federal unreduced/month: $3,483.00 

Federal percentage = federal unreduced/ 

month ÷ total unreduced/month: 0.984176 

COLA Computation 

District and Federal COLA rate 5%: 

Total COLA: $160.00 

New total/month: $3,367.00 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
71060 Federal Register / Vol. 75, No. 224 / Monday, November 22, 2010 / Proposed Rules 

EXAMPLE 14A—TEACHERS COLA— 

RETIREE W/SURVIVOR REDUCTION— 

Continued 

[Pre-96 hire] 

New federal benefit/month = new total benefit/month × federal percentage = 

$3,314.00 

B. In this example, a survivor of a deceased 

teacher retiree receives a cost of living 

adjustment that is the same for the federal 

and District portions of the total benefit. 

Since the survivor benefit is service related, 

the federal percentage for the retiree is 

applied to the new total benefit of the 

survivor after the adjustment to determine 

the new Federal Benefit Payment after the 

adjustment. 

EXAMPLE 14B—TEACHERS COLA— 

SURVIVOR OF RETIREE

[Pre-96 hire] 

Benefit Computation (at death of retiree 

whose annuity was based on service— 

percentage survivor election) 

Total/month: $2,043.00 

Federal percentage (retiree): 0.984176 

Federal/month: $2,011.00 

COLA Computation 

District and Federal COLA rate 4.5%: 

Total COLA: $92.00 

New total/month: $2,135.00 

New federal benefit/month = new total benefit/month × federal percentage = 

$2,101.00 

C. In this example, a survivor of a deceased 

teacher retiree receives a cost of living 

adjustment that is the same for the federal 

and District portions of the total benefit. 

Since the survivor annuity is non-service 

related, the federal percentage for the 

survivor is applied to the new total benefit 

of the survivor after the adjustment to 

determine the new Federal Benefit Payment 

after the adjustment. 

EXAMPLE 14C—TEACHERS COLA— 

SURVIVOR OF RETIREE

[Pre-96 hire] 

Benefit Computation (at death of retiree— 

flat amount survivor election) 

Total months of service: 404 

Federal months of service: 398 

Total/month: $1,000.00 

Federal percentage = federal service ÷ total 

service: 0.985149 

Federal/month: $985.00 

COLA Computation 

District and Federal COLA rate 4.5%: 

Total COLA: $45.00 

New total/month: $1,045.00 

EXAMPLE 14C—TEACHERS COLA— 

SURVIVOR OF RETIREE—Continued 

[Pre-96 hire] 

New federal benefit/month = new total benefit/month × federal percentage = 

$1,029.00 

Note: This method also applies to a 

percentage survivor election by a retiree 

whose annuity was based on a guaranteed 

minimum. 

D. In this example, a survivor of a deceased 

teacher receives a cost of living adjustment 

that is the same for the federal and District 

portions of the total benefit. Since the 

survivor annuity is service related, the 

federal percentage based on the deceased 

teacher’s service is applied to the new total 

benefit of the survivor after the adjustment to 

determine the new Federal Benefit Payment 

after the adjustment. 

EXAMPLE 14D—TEACHERS COLA— 

SURVIVOR OF EMPLOYEE

[Pre-96 hire] 

Benefit Computation (at death-based on 

service) 

Total/month: $1,036.00 

Federal/month: $1,000.00 

Federal percentage = federal/month 

÷ total/month: 0.965251 

COLA Computation 

District and Federal COLA rate 5%: 

Total COLA: $52.00 

New total benefit/month: $1,088.00 

New federal benefit/month = new total benefit/month × federal percentage = 

$1,050.00 

E. In this example, a survivor of a deceased 

teacher receives a cost of living adjustment 

that is the same for the federal and District 

portions of the total benefit. Since the 

survivor annuity is non-service related, the 

federal percentage for the survivor is applied 

to the new total benefit of the survivor after 

the adjustment to determine the new Federal 

Benefit Payment after the adjustment. 

EXAMPLE 14E—TEACHERS COLA— 

SURVIVOR OF EMPLOYEE

[Pre-96 hire] 

Benefit Computation (at death-guaranteed 

minimum) 

Total months of service: 180 

Federal months of service: 171 

Total/month: $598.00 

Federal percentage = federal service ÷ total 

service: 0.950000 

Federal/month: $568.00 

COLA Computation 

District and Federal COLA rate 5%: 

Total COLA: $30.00 

New total/month: $628.00 

EXAMPLE 14E—TEACHERS COLA— 

SURVIVOR OF EMPLOYEE—Continued 

[Pre-96 hire] 

New federal benefit/month: = new total benefit/month × federal percentage = $597.00 

F. In this example, a survivor of a deceased 

retired police officer receives a cost of living 

adjustment that is the same for the federal 

and District portions of the total benefit. 

Since the survivor annuity is non-service 

related, the federal percentage for the 

survivor is applied to the new total benefit 

of the survivor after the adjustment to 

determine the new Federal Benefit Payment 

after the adjustment. 

EXAMPLE 14F—POLICE COLA— 

SURVIVOR OF RETIREE

Benefit Computation (at death of retiree) 

Total months of service: 240 

Federal months of service: 236 

Total/month: $1,614.00 

Federal percentage = federal service ÷ total 

service: 0.983333 

Federal/month: $1,587.00 

COLA Computation 

District and Federal COLA rate 5%: 

Total COLA: $81.00 

New total/month: $1,695.00 

New federal benefit/month = new total benefit/month × federal percentage = 

$1,667.00 

G. In this example, a survivor of a deceased 

firefighter receives a cost of living adjustment 

that is the same for the federal and District 

portions of the total benefit. Since the 

survivor annuity is non-service related, the 

federal percentage for the survivor is applied 

to the new total benefit of the survivor after 

the adjustment to determine the new Federal 

Benefit Payment after the adjustment. 

EXAMPLE 14G—FIREFIGHTER COLA— 

SURVIVOR OF EMPLOYEE

Benefit Computation (at death of employee 

in the line of duty) 

Total/month: $4,667.00 

Federal/month: $1,867.00 

Federal percentage = federal/month ÷ total/ 

month: 0.400043 

COLA Computation 

District and Federal COLA rate 4.5%: 

Total COLA: $210.00 

New total benefit/month: $4,877.00 

New federal benefit/month = New total benefit/month × federal percentage = 

$1,951.00 

H. In this example, a new District plan 

provision applies a different cost of living 

adjustment than is provided for the Federal 

Benefit Payment. In Variation 1, the federal 

cost of living adjustment is applied to the 

Federal Benefit Payment and the District cost 


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Federal Register / Vol. 75, No. 224 / Monday, November 22, 2010 / Proposed Rules 71061 

of living adjustment is applied to the total 

benefit. In Variation 2, the federal cost of 

living adjustment is applied to the Federal 

Benefit Payment and the District cost of 

living adjustment is applied to the District 

benefit payment. A new federal percentage 

equal to the ratio of the Federal Benefit 

Payment to the total benefit is established 

after the adjustments. 

EXAMPLE 14H—TEACHERS COLA 

[Pre-96 hire] 

Benefit Computation (at retirement) 

Total Annuity Computation 

Birth date: 11/04/48 

Hire date: 03/01/86 

Separation date: 02/28/2013 

Department service: 27/00/00 

Other service paid in 1995: 06/07/28 

Excess LWOP in 1990: 00/03/18 

.015 service: 5 

.0175 service: 5 

.02 service: 23.333333 

Average salary: $53,121.00 

Total: $33,421.96 

Total/month: $2,785.00 

Benefit Computation (at retirement) 

Federal Benefit Payment Computation 

Birth date: 11/04/48 

Hire date: 03/01/86 

Freeze date: 06/30/1997 

Department service: 11/04/00 

Other service paid in 1995: 06/07/28 

Excess LWOP in 1990: 00/03/18 

.015 service: 5 

.0175 service: 5 

.02 service: 7.666667 

Average salary: $53,121.00 

Total: $16,777.38 

Total/month: $1,398.00 

Federal percentage: 0.501975 

COLA Computation Variations 

Variation 1 

District COLA rate 5% applied to total benefit: 

Total COLA: $139.00 

New total benefit/month: $2,924.00 

Federal COLA rate 4% 

Federal COLA: $56.00 

New federal benefit/month: $1,454.00 

New federal percentage: 0.497264 

Variation 2 

District COLA rate 5% applied to District benefit: 

Old District benefit/month: $1,387.00 

District COLA: $69.00 

New District benefit/month: $1,456.00 

Federal COLA rate 4%: 

Federal COLA: $56.00 

New federal benefit/month: $1,454.00 

New total benefit/month: $2,910.00 

New federal percentage: 0.499656 

Retroactive Payment of Accrued Annuity 

Example 

Example 15: Accrual of Federal Benefit 

Payment 

The Federal Benefit Payment begins to 

accrue on the annuity commencing date, 

regardless of whether the employee is added 

to the annuity roll in time for the regular 

payment cycle. If the employee is due a 

retroactive payment of accrued annuity, the 

portion of the retroactive payment that would 

have been a Federal Benefit Payment (if it 

were made in the regular payment cycle) is 

still a Federal Benefit Payment. In this 

example, a teacher retired effective 

September 11, 1998. She was added to the 

retirement rolls on the pay date November 1, 

1998 (October 1 to October 31 accrual cycle). 

Her Federal Benefit Payment is $3000 per 

month and her total benefit payment is $3120 

per month. Her initial check is $5200 because 

it includes a prorated payment for 20 days 

(September 11 to September 30). The Federal 

Benefit Payment is $5000 of the initial check 

($3000 for the October cycle and $2000 for 

the September cycle). 

EXAMPLE 15—TEACHERS ACCRUED

BENEFIT

[Pre-96 hire] 

Total Annuity Computation 

Birth date: 11/01/42 

Hire date: 09/01/66 

Separation date: 09/10/98 

Department service: 32/00/10 

.015 service: 5 

.0175 service: 5 

.02 service: 22 

Average salary: $62,150.00 

Total: $37,445.38 

Total/month: $3,120.00 

Sept 11–30: $2,080.00 

Oct 1–31: $3,120.00 

Nov 1–30: $3,120.00 

Federal Benefit Payment Computation 

Birth date: 11/01/42 

Hire date: 09/01/66 

Freeze date: 06/30/97 

Department service: 30/10/00 

.15 service: 5 

.0175 service: 5 

.02 service: 20.833333 

Average salary: $62,150.00 

Total: $35,995.21 

Total/month: $3,000.00 

Sept 11–30: $2,000.00 

Oct 1–31: $3,000.00 

Nov 1–30: $3,000.00 

Dated: November 4, 2010. 

Nancy Ostrowski, 

Director, Office of DC Pensions. 

[FR Doc. 2010–29152 Filed 11–19–10; 8:45 am] 

BILLING CODE 4825–10–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2010–0972] 

RIN 1625–AA09 

Drawbridge Operation Regulations; 

Bayou Liberty, Mile 2.0, St. Tammany 

Parish, Slidell, LA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Commander, Eighth 

Coast Guard District, has issued a notice 

of proposed rulemaking to change the 

regulation governing the operation of 

the S433 bridge over Bayou Liberty, 

mile 2.0, St. Tammany Parish, Slidell, 

LA. It will allow the bridge to remain 

unmanned during most of the day by 

requiring a two-hour notice for an 

opening of the draw. This proposed rule 

change will be in conjunction with a 

temporary deviation to test the rule 

change and allow for public comment. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before January 21, 2011. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2010–0972 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

(4) Hand Delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or e-mail Jim Wetherington; 

Bridge Administration Branch, Eighth 

Coast Guard District, telephone 504– 

671–2128, e-mail 

james.r.wetherington@uscg.mil. If you 

have questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 


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