An Act to make certain revisions in the retirement benefits of District of Columbia public school teachers and other educational employees, and for other purposes
PL 91-263 (H.R.15980), enacted 05/22/1970

84 STAT. ] 
PUBLIC LAW 91-263-MAY 22, 1970 
257 
Public Law 91-263 
AN ACT 
May 22, 1970 
To make certain revisions in the retirement benefits of District of Columbia 
[ H . R. I5980] 
public school teachers and other educational employees, and for other purjjoses. 
Be it enacted hy the Senate and House of Representatives 
of the 
United^ States of America in (.'ongress assemhled.. 
^ District o
f co-^ 
SECTION 1. (a) The last sentence of the first paragraph of section R
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13 of the Act entitled "An Act for the retirement of public school •"^"^^ °^ ^^'"^^ 
teachers in the District of Columbia'', approved August 7, 1946 (D.C. 
Code, sec. 31-733), is amended to read as follows: "The term 'average 
]} stat. 48. 
salary' shall mean the largest annual rate resulting from averaging, saiary!*''^^ 
over any period of three consecutive years of eligible service, or in 
the case of a survivor annuity under subsection (b) of section 9 of 
this Act based on service of less than three years, over the total eligible 8i^stat^'748'' 
service in the public schools of the District of Columbia, a teacher's 
D.C. code 
rates of annual salary in effect during such period, with each rate 31-729. 
weighted by the time it was in effect.". 
(b) The first paragraph of section 8 of such Act (D.C. Code, sec. 
^^^iltti^^t^l^°l 
31-728) is amended— 
ao stat. 879. 
(1) by inserting after the first sentence thereof the following 
new sentences: "In computing an annuity under section 5(a) of 
this Act the total service of a teacher shall include davs of unused 81^813^*748^' 
sick leave credited to him. No deposit may be required for days of 
D.C^, "code 
unused sick leave included in a teacher's total service under the 31-725. 
preceding sentence. Days of unused sick leave shall not be counted 
in determining a teacher's average salary or his eligibility for an 
annuity."; and 
(2) by striking out "This section" in the last sentence of such 
paragraph and inserting in lieu thereof "Except as otherwise pro-
vided in this paragraph, this section". 
(c) Section 21 of such Act (D.C. Code, sec. 31-739a) is amended— 
so stat. 266. 
(1) by inserting "1 per centum plus'' immediately after "shall 
be increased by" in subsection (b); and (2) by amending subsec-
tion (c) (2) to read as follows: 
" (2) For the purpose of computing the annuity of a child under tiJsYor^chudlren"*" 
subsection (b) (2) of section 9 of this Act that commences on or 
post, p. 258, 
after the first day of the first month that begins on or after the 
effective date of the District of Columbia Teachers' Retirement 
Amendments of 1970, the items $900, $1,080, $2,700, and $3,240 
appearing in subsection (b) (2) of section 9 of this Act shall be 
increased by the total per centum increases allowed and in force 
under this section on or after such day and, in case of a deceased 
annuitant, the items 60 per centum and 75 per centum appearing 
in subsection (b)(2) of section 9 of this Act shall be increased by 
the total per centum allowed and in force to the annuitant under 
this section on or after such day". 
(d) (1) The first sentence of the first section of such Act (D.C. Code, 
Deductions. 
sec. 31-721) is amended to read as follows: "Beginning on the first day 
7i stat. 46. 
of the first pay period which begins after December 31, 1969, there 
shall be deducted and withheld from the annual salary of each teacher 
in the public schools of the District of Columbia an amount equal to 
7 per centum of the teacher's annual salary.". 
(2) The amendment made by this subsection shall not apply to any 
Nonappucabiuty. 
persons retired or otherwise separated prior to the date of enactment 
of this Act. 
258 
PUBLIC LAW 91-263-MAY 22, 1970 
[84 STAT. 
gurvivor annu-
ities. 
66 Stat. 19; 
81 Stat. 748. 
D.C. Code 31-
723, 31-724, 
D.C. Code 31-
725. 
Annuity com-
putation. 
71 Stat. 46. 
Option. 
66 Stat. 17. 
(e) Subsection (b) of section 9 of such Act (D.C. Code, sec. 31-729 
(b)) is amended— 
(1) by amendino; the first sentence of paragraph (1) to read 
as foUows: 
''(b) (1) In the event any teacher to whom this subchapter applies 
shall die subsequent to March 0,1952, after completins: at least eighteen 
months of eligible service and is survived by a widow, or dependent 
widower, such widow or dependent widower shall be paid an annuity 
l>eginning the day after the teacher dies, equal to 55 per centum of 
the amount of an annuity computed as provided in subsection (a) of 
section 5 of this Act with respect to such teacher, except that in the 
computation of the annuity mider such subsection the annuity of the 
teacher shall be at least the smaller of (i) 40 per centum of his average 
salary, or (ii) the sum obtained under such subsection after increasing 
his eligible service of the type last performed by the period elapsing 
between the date of death and the date he would have become sixty 
years of age."; 
(2) by amending the first two sentences of paragraph (2) to 
read as follows: 
''(2) If any teacher to whom this subchapter applies shall die after 
completing at least eighteen months of eligible service or after having 
retired under the provisions of section 3 or section 4 of this Act and 
is survived by a wife or husband, each surviving child shall be paid an 
annuity equal to the smallest of (a) 60 per centum of the teacher's 
average salary divided by the number of children, (b) $900, or (c) 
$2,700 divided by the number of children. If such teacher is not sur-
vived by a wife or husband, each surviving child shall be paid an an-
nuity equal to the smallest of (a) 75 per centum of the teacher's 
averaire salary divided by the number of children, (b) $1,080, or (c) 
$3,240 divided by the number of children.''; and 
(3) by amending paragraph (3) to read as follows: 
"(3) In the event any teacher to whom this subchapter applies shall 
die subsequent to March 6, 1952, after completing at least eighteen 
months of eligible service, and is not survived by a widow, a depend-
ent widower, and/or children, but is survived by dependent parents 
or a dependent father or a dependent mother, such surviving depend-
ent parents or parent shall be paid an annuity, beginning the first 
day of the month following the death of the teacher, equal to 55 
per centum of the amount of an annuity computed as provided in 
subsection (a) of section 5 of this Act with respect to such teacher, 
except that, in the computation of the annuity under such subsection, 
the annuity of the teacher shall be at least the smaller of (i) 40 per 
centum of his average salary, or (ii) the sum obtained under such sub-
section after increasing his eligible service of the type last performed 
by the period elapsing between the date of death and the date he would 
have become sixty years of age: Provided. That such payments shall 
be made jointly to surviving dependent parents and payment of such 
annuity shall continue after the death of either dependent parent: 
Provided further^ That all such payments or any right thereto shall 
cease upon the death of both dependent parents." 
(f)(1) 
The second sentence of subsection 
(b)(1) of section 
5 of such Act (D.C. Code, sec. 31-725(b) (1)) is amended by striking 
out ", excluding any increase because of retirement under section 4 
of this Act,". 
(2) The first sentence of subsection (b) (2) of section 5 of such 
Act (D.C. Code, sec, 31-725(b) (2)) is amended by striking out "50" 
and inserting in lieu thereof "55". 
(g) Such Act is amended by adding at the end thereof the follow-
ing new section: 
84 STAT. ] 
PUBLIC LAW 91-263-MAY 22, 1970 
259 
''SFX'. 23. Effective on (a) tlie first clay of the first month which 
begins after October 20, 1969, or (b) the commencing date of an-
nuity, whichever is later, the annuity of each surviving spouse whose 
entitlement to annuity payable from the District of Columbia teach-
ers' retirement and annuity fund resulted from the death of: 
"(1) a teacher prior to October 24, 1962, or 
•'(2) a retired teacher whose retirement was based on a sepa-
ration from service prior to October 24, 19(52, shall be increased 
by 10 per centum." 
SEC. 2. (a) The amendments made by subsections (a), (b), (e) (1). Nonappucabiuty. 
(e)(3), and (f) of section 1 of this Act shall not ai)i)ly in tlie case 
Ante, p. 257. 
of persons retired or otherwise separated ])rior to ()ctober 20, 1969, 
and the rights of such i)ersons and their survivors shall continue in 
the same manner and to the same extent as if such amendments had 
not been made. 
(b) The amendment made by subsection (c) (1) of section 1 of this 
Act shall apply only to determinations of amounts of annuity increases 
which are made after Octoter 20, 1969, under section 21 of the Act 
of August 7, 1946 (B.C. Code, sec 31-739a). 
^"'^' P- 2S7. 
(c)(1) The amendment made by subsecticm (e)(2) of section 1 
Effective date. 
of this Act shall become effective on the first day of the first montli 
Ante, p. ass. 
which begins after October 20,1969. 
(2) The annuity of each surviving child who, inmiediately prior 
Recomputed an--
to the effective date of such amendment is receiving an annuity under chiid.° ^"^^^^^"^' 
subsection (b)(2) of section 9 of such Act (I).C. Code, sec. 31-729 
(b)(2)) or under a comparable provision of any prior law, or who 
Ante, p. ass. 
hereafter becomes entitled to receive annuity under such Act shall 
be recomi)uted effective on such date, or computed from commencing 
date if later, in accordance with such amendment. Xo increase allowed 
or in force prior to such date shall be included in the computation 
or recomputation of any such annuity. This paragraph shall not oper-
ate to reduce any annuity. 
SEC. 3. The Act entitled "An Act for the retirement of public school 
teachers in the District of Columbia*', approved August 7, 1946, as 
amended (60 Stat. 875; D.C. Code, sec. 31-721 to 739) is amended by 
si stat. 751. 
inserting the following section after the first section : 
to^sv-bsgf^ ^ ^"^^ ^ 
''SEC. 1A. (a) Any teacher who enters on approved leave without 
Retirement credit 
n Ti .• 
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I 
p^ 
• 
• 
for leave without 
pay to serve as a lull-time ofncer or employee ot an organization com- pay. 
|)osed primarily of teachers, for the purpose of bargaining with the 
District of Columbia concerning grievances, disi)utes, hours of employ-
ment, or conditions of work, may, within sixty days after entering 
on such leave without pay, file with the Board of Education of the 
District of Columbia an election to receive full retirement credit for 
his i)eriods of that leave without pay and arrange to pay currently into 
the teachers' retirement fund established pursuant to this Act, through 
the Board of Education, amounts equal to the retirement deductions 
plus additional amounts equivalent to such amounts, in lieu of District 
of Columbia contributions which would be applicable if he were in pay 
status. A teacher who is on approved leave without pay and serving 
as a full-time officer or employee of such an organization on the date 
of enactment of this section may similarly make such election within 
sixty days after such date of enactment. If the election and all pay-
ments herein provided are not made, the teacher shall receive no credit 
for such periods of leave without pay occurring on or after the date of 
enactment of this section. 
''(b) A teacher may deposit with interest at 4 per centum com- 
Matching retire-
pounded annually an amount equal to retirement deductions repre- ""^"^ deposit. 
senting any period or periods of approved leave without pay while 
serving, prior to the date of enactment of this section, as a full-time 
260 
PUBLIC LAW 91-264-MAY 22, 1970 
[84 STAT. 
Appropriation 
calculation. 
Effective dates. 
Short title. 
ottic-cM" or (Mni)l()yee of an organization composed primarily of teachers, 
and mav receive fnll retirement credit for snch period or ])criods of 
Jeave without i)ay. In tlie event of the death of such teacher any indi-
\ ichial entitled to annuity under this Act may make such deposit."' 
SEC. 4. Section 7 of the Act entitled "An Act for the retirement of 
])ul)lic school teachers in the District of (\)hnnbia"", a[)])roved Au<rust 7. 
J1)4G (HO Stat. S7i), as amended; I).(\ Code, sec. Hl-727), is amended 
to read as follows: 
'*SKC. 7. The amount of each year's api)ropriation shall be such 
amount as is necessary to maintain during such fiscal year a balance in 
the teachers* retirement fmid a])proximately equal, to the neai'est mil-
lion dollars, to the balance in that fund on June HO, li)Bl), or such 
amount as is necessary to maintain the equity in such fund of all teach-
ers, active and retired, whichever amount is greater. If at any time the 
balance in the Teachers' Retirement Fund is not sufficient to meet all 
obligations against such fund, the fund will have a claim on the District 
of Columbia revenues to the e.xtent necessary to meet such obligations." 
SEC. 5. (a) Section 1 of tliis Act, except for subsection (d), shall be 
effective October 20, Il)()l). 
(b) Subsection (d) of section 1 of tlie Act shall be effective on the 
first day of the first pay period which begins after December 81, 1969, 
(c) Sections 8 and 4 of this Act shall be effective on the date of 
enactment. 
SEC. (>. This Act may be cited as the "District of Columbia Teachers' 
Retirement Amendments of 1970." 
Approved May 22, 1970. 
May 22, 1970 
[H. R. 4869] 
Public Law 91-264 
AN ACT 
To further the economic advancement and general welfare of the Hop! Indian 
Tribe of the State of Arizona. 
Indians. 
Hopi Tribe, 
Arizona. 
Delegation of 
powers. 
62 Stat. 939; 
79 Stat. 887. 
Be it enacted by the Senate and IIoy,se of RepreHentativeH of the 
United States of Afneriea in (^ongrenH asHemhled, That, for the piir-
l)ose of assisting in the economic advancement and contributing to 
the general welfare of the Hopi Indian Tribe of Arizona, the Con-
gress hereby finds it to be fitting and appropriate to provide the Hopi 
Tribal Council with certain powers of self-determination that are 
necessary to enable the Hopi people to carry out the effective develop-
ment and operation of the Hopi Industrial Park, which is located in 
the counties of Navajo and Coconino in the State of Arizona. 
SEC. 2. The Hopi TribabCouncil shall have the following powers: 
(a) To sell any part of the lands withinthe Hopi Industrial Park. 
(b) To execute mortgages upon, or deeds of trust to, the lands 
within said Hopi Industrial Park. Such lands shall be subject to fore-
closure or sale pursuant to the terms of such mortgage or deed of trust 
in accordance with the laws of the State of Arizona. The United States 
shall be an indispensable party to, and may be joined in, any such 
proceeding involving said lands with the right to remove the action 
to the Ignited States district court for the district in which the land 
is situated, according to the procedure in section 1446, of title 28, 
LTnited States Code, and the United States shall have the right to 
appeal from any order of remand entered in such action. 
(c) To pledge any revenue or other income from lands within said 
Hopi Industrial Park, and the improvements situated thereon, and any