District of Columbia Retirement Reform Act
PL 96-122 (S.1037), enacted 11/17/1979

93 STAT. 866 
PUBLIC LAW 96-122—NOV. 17, 1979 
Nov. 17, 1979 
[S. 1037] 
District of 
Columbia 
Retirement 
Reform Act. 
Public Law 96-122 
96th Congress 
An Act 
To establish an actuarially sound basis for financing retirement benefits for police 
officers, fire fighters, teachers, and judges of the District of Columbia and to 
make certain changes in such benefits. 
Be it enacted by the Senate and House of Representatives of the 
United States of 
America in Congress assembled, 
SHORT TITLE AND TABLE OF CONTENTS 
SECTION 1. This Act, with the following table of contents, may be 
cited as the "District of Columbia Retirement Reform Act". 
TABLE OF CONTENTS 
Sec. 1. Short title and table of contents. 
TITLE I—FINANCING OF RETIREMENT BENEFITS 
PART A—FINDINGS AND PURPOSE; DEFINITIONS 
Sec. 101. Findings and purpose. 
Sec. 102. Definitions. 
PART B—ESTABUSHMENT OF RETIREMENT BOARD AND RETIREMENT FUNDS 
121. District of Columbia Retirement Board. 
122. District of Columbia Police Officers and Fire Fighters' Retirement Fund. 
123. District of Columbia Teachers' Retirement Fund. 
124. District of Columbia Judges' Retirement Fund. 
125. Management of Retirement Funds. 
PART C—FINANCING OF RETIREMENT BENEFITS 
Sec. 141. Limitation on investment of Retirement Funds. 
Sec. 142. Determination of Federal and District of Columbia payments to the 
Funds. 
Sec. 143. Information about retirement programs. 
Sec. 144. Federal and District of Columbia pajmaents to the Funds. 
Sec. 145. Reduction in Federal contribution for excessive cost of police officers and 
fire fighters' disability retirement. 
Sec. 146. Conforming amendments. 
PART D—REPORTING AND DISCLOSURE REQUIREMENTS 
Sec. 161. Personal financial disclosure by Board members. 
Sec. 162. Annual reports. 
Sec. 163. Retirement program summary description. 
Sec. 164. Filing reports and furnishing information to participants. 
Sec. 165. Reporting of participants' benefit rights. 
Sec. 166. Public information. 
Sec. 167. Retention of records. 
Sec. 168. Additional information. 
Sec. 169. Criminal penalties. 
PART E—FIDUCIARY RESPONSIBIUTY; CIVIL SANCTIONS 
Sec. 181. Fiduciary responsibilities. 
PUBLIC LAW 96-122—NOV. 17, 1979 
93 STAT. 867 
Sec. 182. Liability for breach of fiduciary duty. 
Sec. 183. Exculpatory provisions; insurance. 
Sec. 184, Prohibition against certain persons holding certain positions. 
Sec. 185. Bonding. 
Sec. 186. Limitation on actions. 
Sec. 187. Civil enforcement. 
Sec. 188. Claims procedure. 
TITLE n-CHANGES IN RETIREMENT BENEFITS 
PART A—POUCE OFFICERS AND FIRE FIGHTERS' RETIREMENT BENEFITS 
Sec. 201. Salary base period for computation of annuity. 
Sec. 202. Creditable service for full-time officials of employee organizations. 
Sec. 203. Requirements for optional retirement. 
Sec. 204. Disability retirement. 
Sec. 205. Recovery from disability. 
Sec. 206. Survivors' annuities. 
Sec. 207. Deferred annuities. 
Sec. 208. Interest on refunds and on deposits for prior service credit. 
Sec. 209. Cost-of-living adjustments of annuities. 
Sec. 210. Authority to waive collection of overpayments. 
Sec. 211. Commencing date of payment of annuities. 
Sec. 212. Payment of annuities to minors and mental incompetents. 
Sec. 213. Improvements in administration of disability retirements. 
Sec. 214. Restriction on retired police officers and fire fighters receiving annuity 
while employed by the District of Columbia government. 
PART B—TEACHERS' AND JUDGES' RETIREMENT BENEFITS 
Sec. 251. Cost-of-living adjustments of teachers' annuities. 
Sec. 252. Cost-of-living adjustments of judges' annuities. 
Sec. 253. Interest on teachers' refunds and deposits. 
Sec. 254. Interest on judges' redeposits. 
Sec. 255. Restoration of teachers' annuities in the event of predeceased benefici-
aries. 
Sec. 256. Termination of teachers' disability annuities based on outside earned 
income. 
Sec. 257. Restriction on retired teachers receiving annuity while employed by the 
District of Columbia government. 
TITLE I—FINANCING OF RETIREMENT BENEFITS 
PART A—FINDINGS AND PURPOSE; DEFINITIONS 
FINDINGS AND PURPOSE 
SEC. 101. (a) The Congress finds that the retirement benefits 
authorized by various Acts of Congress for the police officers, fire 
fighters, teachers, and judges of the District of Columbia have not 
been financed on an actuarially sound basis. Neither Federal pay-
ments to the District nor District of Columbia appropriations have 
taken into account the long-term financial requirements of the 
District's retirement programs. As a result, the annual budget cost to 
the District of Columbia for annuities and refunds of deductions is 
growing at a rapid rate and, in the case of the retirement program for 
police officers and fire fighters, is predicted to exceed the cost of 
salaries for active police officers and fire fighters by the year 2000. 
(b) It is the puipose of 
this title— 
(1) to establish separate retirement Funds for police officers 
and fire fighters, for teachers, and for judges of the District of 
Columbia; 
(2) to establish a Retirement Board with responsibility for 
managing these Funds; 
(3) to rejiuire that these Funds be managed on an actuarially 
sound basis in order to provide proper financing for the benefits 
93 STAT. 868 
PUBLIC LAW 96-122—NOV. 17, 1979 
to which the District's retired police officers, fire fighters, teach-
ers, and judges are entitled; 
(4) to require that the Retirement Board comply with reporting 
and disclosure requirements similar to those imposed under the 
29 use 1001 
Employee Retirement Income Security Act of 1974; and 
^°^- 
(5) to provide for Federal payments to these Funds to help 
finance, in part, the liabilities for retirement benefits incurred 
by the District of Columbia prior to the establishment of self-
government under the District of Columbia Self-Govemment and 
D.C. Code 1-121 
Governmental Reorganization Act. 
note. 
DEFINITIONS 
SEC. 102. As used in this title: 
(1) The term "Mayor" means the Mayor of the District of 
Columbia. 
(2) The term "Council" means the Council of the District of 
Columbia. 
(3) The term "Speaker" means the Speaker of the House of 
Representatives. 
(4) The term "President pro tempore" means the President pro 
tempore of the Senate. 
(5) The term "Board" means the District of Columbia Retire-
ment Board established by section 121 of this Act. 
(6) The term "Custodian of Retirement Funds" means the 
Board, except that until such time as the members of the Board 
are first elected and the Board certifies pursuant to section 121(h) 
that it is assuming responsibility for the Funds established by 
this title, the term "Custodian of Retirement Funds" means the 
Director of the Office of Budget and Financial Management of 
the District of Columbia (established by Organization Order 
Numbered 30, Commissioner's Order Numbered 72-80, April 5, 
1972 (D.C. Code, title 1—Appendix)). 
(7) The term "retirement program" means— 
(A) the program of annuities and other retirement and 
disability benefits for members and officers of the Metropoli-
tan Police force and the Fire Department of the District of 
Columbia, but does not include the program of annuities and 
other retirement and disability benefits for members and 
officers of the United States Park Police force, the Executive 
Protective Service, or the United States Secret Service 
Division under the Policemen and Firemen's Retirement 
D.C. Code 4-521 
and Disability Act; 
J^ote. 
(B) the program of annuities and other retirement and 
disability benefits for judges of the courts of the District of 
Columbia under subchapter III of chapter 15 of title 11 of the 
D.C. Code 
District of Columbia Code; or 
11-1561. 
(C) the program of annuities and other retirement and 
disability benefits for teachers in the public day schools of 
the District of Columbia. 
(8) The term "State" means any State of the United States, the 
District of Columbia, Puerto Rico, the Virgin Islands, American 
Samoa, Guam, Wake Island, and the Canal Zone. 
(9) The term "party in interest" means— 
(A) any person (including a member of the Board) having 
fiduciary responsibilities under this title; 
(B) any person providing services to a Fund; 
(C) the government of the District of Columbia; 
(D) an employee organization; and 
PUBLIC LAW 96-122—NOV. 17, 1979 
93 STAT. 869 
(E) a spouse, ancestor, lineal descendant, or spouse of a 
lineal descendant of any individual described in subpara-
graph (A) or (B). 
(10) The term "Fund" means the District of Columbia Police 
Officers and Fire Fighters' Retirement Fund established by 
section 122, the District of Columbia Teachers' Retirement Fund 
established by section 123, or the District of Columbia Judges' 
Retirement Fund established by section 124. 
(11) The term "current value" means fair market value where 
available (as determined in good faith by a fiduciary in accord-
ance with regulations promulgated by the Board) or otherwise 
the fair value (as determined in good faith by a fiduciary in 
accordance with regulations promulgated by the Board), assum-
ing an orderly liquidation at the time of such determination. 
(12) The term "future value" means a liability for a given prior 
fiscal year expressed in terms of the price level expected to 
prevail in a given future fiscal year, adjusted at the rate of 
inflation used with regard to determinations made under section 
142(aXl). 
(13) The term "qualified public accountant" means a person 
who is a certified public accountant, certified by a regulatory 
authority of a State. 
(14) The term "enrolled actuary" means an actuary enrolled 
under subtitle C of title III of the Employee Retirement Income 
Security Act of 1974. 
29 USC 1241. 
(15) The term "security" means a security as defined in section 
2(1) of the Securities Act of 1933. 
29 USC 77b. 
(16) The term "employee organization" means any labor union 
or any organization of any kind, or any agency or employee 
representation committee, association, group, or plan, in which 
individuals covered by a retirement program participate and 
which exists for the purpose, in whole or in part, of dealing with 
the government of the District of Columbia concerning such 
retirement program. 
(17) The term "teacher" means a teacher as defined in section 
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). 
(18) The term "judge" means a judge as defined in section 
11-1561(1) of title 11 of the District of Columbia Code. 
(19) The term "participant" does not include an officer or 
member of the United States Park Police force, the Executive 
Protective Service, or the United States Secret Service Division 
to whom the Policemen and Firemen's Retirement and Disability 
Act applies; and, unless the context requires otherwise, the term 
"beneficiary" does not include a beneficiary under such Act of 
any such officer or member. 
PART B—ESTABIJSHMENT OF RETIREMENT BOARD AND RETIREMENT 
FUNDS 
DISTRICT OF COLUMBIA RETIREMENT BOARD 
SEC. 121. (a) There is established, as an independent agency of the 
government of the District of Columbia, a board of trustees to be 
known as the District of Columbia Retirement Board which shall 
have exclusive authority and discretion (subject to the requirements 
of this title) to manage and control the Funds established by this title. 
93 STAT. 870 
PUBLIC LAW 96-122—NOV. 17, 1979 
Membership. 
(b)(1) The Board shall consist of eleven members selected as follows: 
(A) One member or officer of the Metropolitan Police force of 
the District of Columbia, to be elected by the members and 
officers of the Metropolitan Police force. 
(B) One retired member or officer of the Metropolitan Police 
force of the District of Columbia, to be elected by the retired 
members and officers of the Metropolitan Police force. 
(C) One member or officer of the Fire Department of the 
District of Columbia, to be elected by the members and officers of 
the Fire Department. 
(D) One retired member or officer of the Fire Department of 
the District of Columbia, to be elected by the retired members 
and officers of the Fire Department. 
(E) One teacher in the public day schools of the District of 
Columbia, to be elected by the teachers of the public day schools 
of the District of Columbia. 
(F) One teacher in the public day schools of the District of 
Columbia who is retired, to be elected by the retired teachers of 
the public day schools of the District of Columbia. 
(G) Two individuals appointed by the Council of the District of 
Columbia. 
(H) Three individuals appointed by the Mayor. 
A vacancy on the Board shall be filled in the manner in which the 
original selection was made. 
(2) The first election of the Board members described in subpara-
graphs (A) through (F) of paragraph (1) shall be conducted within six 
months after the date of the enactment of this title in accordance 
with regulations which the Mayor shall promulgate. Thereafter, 
elections shall be conducted by the Board. In any such election, voting 
shall be by secret ballot, and each individual to be represented on the 
Board by the winner of such election shall be eligible to vote in such 
election. 
Terms of office. 
(3)(A) Except as provided in subparagraph (B), the members of the 
Board shall each serve a term of four years, except that a member 
selected to fill a vacancy occurring prior to the end of the term for 
which his predecessor was selected shall only serve until the end of 
such term. A member may serve after the expiration of his term until 
his successor has taken office. 
(B) Of the members of the Board who are first selected— 
(i) two shall serve for a term of one year, 
(ii) three shall serve for a term of two years, 
(iii) three shall serve for a term of three years, and 
(iv) three shall serve for a term of four years, 
as determined by lot at the first meeting of the Board. 
Tenure of office. 
(4) No individual shall serve more than two terms as a member of 
the Board, except that an individual serving less than two years of a 
term to which some other individual was originally selected shall be 
eligible for two full terms as a member of the Board and an individual 
serving two years or more of a term to which some other individual 
was originally selected shall be eligible for only one full term as a 
member of the Board. 
(5) Any individual who was selected as a member of the Board 
under subparagraph (A), (C), or (E) of paragraph (1) and who ceases to 
be a member or officer of the Metropolitan Police force, member or 
officer of the Fire Department, or a teacher, as the case may be, may 
not continue as a member of the Board. 
(6) No member of the Board may hold or be a candidate for any 
elective office in the District of Columbia. 
PUBLIC LAW 96-122—NOV. 17, 1979 
93 STAT. 871 
Post, p. 894. 
(7) No member of the Board may have any personal interest, direct 
or indirect (except as a participant in a retirement program), in any 
transaction involving assets of the Funds established by this title and 
shall otherwise comply with the standards of conduct applicable to 
fiduciaries in the District of Columbia, as well as those standards of 
conduct established by part E of this title. 
(8) Not less than two of the members of the Board appointed by the 
Mayor under paragraph (1) shall be individuals who have profes-
sional work experience in the banking, insurance, or investment 
industry. 
(9) Any member of the Board may be removed from the Board by a 
vote of two-thirds of the members of the Board for a breach of 
fiduciary responsibility with respect to a Fund or for a violation of 
section 184. 
(10) The Board shall elect one member of the Board to be chairman 
of the Board. The chairman shall be elected for a term of one year, but 
may be removed from such position by a vote of two-thirds of the 
members of the Board. 
(11) The Director of the Office of Budget and Financial Manage-
ment of the District of Columbia shall be an ex officio member of the 
Board, but shall not vote, shall not be eligible to be elected chairman 
of the Board, and shall not be counted for purposes of a quorum. 
(c) Subject to the availability of appropriations therefor, each 
member of the Board shall be entitled to receive the hourly equiva-
lent of the annual rate of pay in effect for the highest step of grade 
GS-15 of the General Schedule under section 5332 of title 5, United 
States Code, for each hour such member is engaged in the actual 5 use 5332 note. 
performance of duties vested in the Board, except that any member of 
the Board who is a full-time officer or employee of the District of 
Columbia or the United States shall not be entitled to receive pay 
under this subsection for performance of duties vested in the Board. 
(dXD The Board shall meet at least once each calendar quarter at a Meetings. 
regular and specified time. It shall meet at such other times as the 
chairman or any three members of the Board may prescribe. 
(2) Any six members shall constitute a quorum for the transaction 
of the business of the Board. 
(3) Except as otherwise provided in this title, actions of the Board 
shall be determined by a majority vote of the members present and 
voting. 
(e) The Board shall from time to time promulgate rules and 
regulations, adopt resolutions, issue directives for the administration 
and transaction of its business and for the control of the Funds 
established by this title, and perform such other functions as may be 
necessary to carry out its responsibilities under this title. 
(fKl) AH administrative expenses incurred by the Board in carrying 
out this title, including compensation for the members of the Board, 
shall be paid out of funds appropriated for such purpose. 
(2) The budget prepared and submitted by the Mayor pursuant to 
section 442 of the District of Columbia Self-Government and Govern-
mental Reorganization Act shall include recommended expenditures 
at a reasonable level for the forthcoming fiscal year for the adminis-
trative expenses of the Board. 
(3) The Mayor and the Council may establish the amount of funds 
which will be allocated to the Board for administrative expenses, but 
may not specify the purposes for which such funds may be expended 
or the amounts which may be expended for the various activities of 
the Board. 
(g)(1) The Board shall engage the services of competent investment 
counsel or counsels who shall be qualified under the Investment 
Rules and 
regulations. 
D.C. Code 
47-221. 
Allocation of 
funds. 
93 STAT. 872 
PUBLIC LAW 96-122—NOV. 17, 1979 
15 use 80b-20. 
Advisors Act of 1940. Such investment counsel or counsels shall be 
fiduciaries, to the extent designated by the Board, with respect to 
services rendered to the Board. Such fiduciary relationship shall be 
specified in a written agreement between the investment counsel or 
counsels and the Board. 
(2) The Board may appoint such stafi" as it considers necessary to 
enable it to carry out its responsibilities under this title. The staff of 
the Board shall be appointed subject to the provisions of title 5, 
5 use 101 et seq. United States Code, governing appointments in the competitive 
service, and shall be paid in accordance with the provisions of chapter 
5 use 5101 
51 and subchapter III of chapter 53 of such title relating to classifica-
5*u^ 5331 
*'^°^ ^^^ General Schedule pay rates, except that no staff member 
may receive pay in excess of the annual rate of basic pay in effect for 
GS-15 of the General Schedule under section 5332 of title 5, United 
5 use 5332 note. States Code. 
(h) Not more than ninety days after all initial members of the 
Board have been selected in accordance with subsection (b) of this 
section, the Board shall certify in writing to the Director of the Office 
of Budget and Financial Management of the District of Columbia that 
the Board is assuming responsibility for the Funds established by this 
title. 
DISTRICT OF COLUMBIA POLICE OFFICERS AND FIRE FIGHTERS' 
RETIREMENT FUND 
SEC 122. (a) There is established a fund to be known as the District 
of Columbia Police Officers and Fire Fighters' Retirement Fund into 
which shall be deposited the following, which shall constitute the 
assets of the Fund: 
(1) Any amount paid to the Custodian of Retirement Funds 
pursuant to the last sentence of subsection (d)(1) or to subsection 
D.e. eode 4-524, 
(c)(5) of the Policemen and Firemen's Retirement and Disability 
4~523. 
Act or pursuant to the proviso in the paragraph under the 
heading "Policemen and Firemen's Relief Fund" in the Act of 
D.e. Code 4-502. 
June 14,1935. 
(2) Any amount appropriated for such Fund under part C of 
this title. 
(3) Any return on investment of the assets of such Fund. 
After September 30, 1979, or after the end of the thirty-day period 
beginning on the date on which funds are first appropriated to the 
District of Columbia Police Officers and Fire Fighters' Retirement 
Fund, whichever is later, all payments of annuities and other 
retirement and disability benefits (including refunds and lump-sum 
payments) under the Policemen and Firemen's Retirement and 
Disability Act shall be made from the Fund (except for any such 
payment which is made to an officer or member of the United States 
Park Police force, the Executive Protective Service, or the United 
States Secret Service Division, or to a beneficiary of any such officer 
or member). 
(b)(1) The last sentence of subsection (d)(1) of the Policemen and 
Firemen's Retirement and Disability Act (D.C. Code, sec. 4-524(1)) is 
amended by striking out "Such" and inserting in lieu thereof "In the 
case of a member who is an officer or member of the Metropolitan 
Police force or the Fire Department of the District of Columbia, such 
deductions and withholdings shall be paid to the Custodian of 
Retirement Funds (as defined in section 102(6) of the District of 
Ante, p. 868. 
Columbia Retirement Reform Act) and shall be deposited in the 
District of Columbia Police Officers and Fire Fighters' Retirement 
PUBLIC LAW 96-122—NOV. 17, 1979 
93 STAT. 873 
Fund established by section 122(a) of such Act; and in the case of any Ante, p. 872. 
other member, such". 
(2) The proviso in the paragraph under the heading "PoHcemen and 
Firemen's Relief Fund'^ in the Act of June 14, 1935 (D.C. Code, sec. 
4-502), is amended by inserting immediately before the period the 
following: ", except that all moneys required to be deposited with 
respect to officers and members of the Metropolitan Police force or 
the Fire Department of the District of Columbia shall be paid to the 
Custodian of Retirement Funds (as defined in section 102(6) of the 
District of Columbia Retirement Reform Act) for deposit in the Ante, p. 868. 
District of Columbia Police Officers and Fire Fighters' Retirement 
Fund established by section 122(a) of such Act". 
(3) The Act entitled "An Act to credit active service in the military 
or naval forces of the United States in determining eligibility for and 
the amount of benefits from the policemen and firemen's relief fund. 
District of Columbia", approved July 21,1947 (D.C. Code, sec. 4-504a), 
is amended by inserting "or the District of Columbia Police Officers 
and Fire Fighters' Retirement Fund (established by section 122(a) of 
the District of Columbia Retirement Reform Act)" immediately after 
"District of Columbia," the first place it appears. 
(c) The amendments made by paragraphs (1) and (2) of subsection Effective dates, 
(b) shall take effect at the end of the ninety-day period beginning on 
the date of the enactment of this Act. The amendment made by 
paragraph (3) of such subsection shall take effect on such date of 
enactment. 
DISTRICT OF COLUMBIA TEACHERS RETIREMENT FUND 
SEC. 123. (a) There is established a fund to be known as the District Establishment, 
of Columbia Teachers' Retirement Fund into which shall be deposited 
the following, which shall constitute the assets of the Fund: 
(1) Any amount paid to the Custodian of Retirement Funds 
pursuant to the Act entitled "An Act for the retirement of public-
school teachers in the District of Columbia", approved August 7, 
1946, or under the Act entitled "An Act to authorize certain D.C. Code 31-721 
teachers in the public schools of the District of Columbia to count et seq. 
as creditable service for retirement purposes certain periods of 
authorized leave without pay taken by such teachers for educa-
tional purposes", approved June 27,1960. 
31 use 745. 
(2) Any asset transferred to such Fund under subsection (c). 
(3) Any amount appropriated for such Fund under part C of 
this title. 
(4) Any return on investment of assets of such Fund. 
Annuities and other retirement and disability benefits (including 
refunds and lumpsum payments) payable from the District of Colum-
bia teachers' retirement and annuity fund established by section 2 of 
the Act of August 7, 1946, shall continue to be paid from such fund 
D.C. Code 
until all amounts in such fund have been expended or transferred 
31-722. 
under subsection (c) to the District of Columbia Teachers' Retirement 
Fund, and thereafter such benefits shall be paid from the District of 
Columbia Teachers' Retirement Fund. 
(bXD The Act entitled "An Act for the retirement of public-school 
teachers in the District of Columbia", approved August 7, 1946, is 
amended— 
(A) in the first section (D.C. Code, sec. 31-721)— 
(i) by adding at the end of the first paragraph the following 
new sentence: "After the end of the ninety-day period 
beginning on the date of the enactment of the District of 
Columbia Retirement Reform Act, any amounts deducted 
93 STAT. 874 
PUBLIC LAW 96-122—NOV. 17, 1979 
Ante, p. 868. 
Ante, p. 873. 
D.C. Code 
31-722. 
and withheld pursuant to this paragraph shall be paid to the 
Custodian of Retirement Funds (as defined in section 102(6) 
of such Act) for deposit in the District of Columbia Teachers' 
Retirement Fund established by section 123(a) of such Act.", 
and 
(ii) in the first sentence of the second paragraph, by 
striking out "Collector of Taxes, District of Columbia," and 
inserting in lieu thereof "Custodian of Retirement Funds"; 
(B) in section 2 (D.C. Code, sec. 31-722), by striking out "The" in 
the first sentence and inserting in lieu thereof "Until the end of 
the ninety-day period beginning on the date of the enactment of 
the District of Columbia Retirement Reform Act, the"; 
(C) in clause (ii) of paragraph (1) of section 5(b) (D.C. Code, sec. 
31-725(b)(lXii)), by striking out "returned to the teachers' retire-
ment and annuity fund established under section 2 of this Act" 
and inserting in lieu thereof "repaid to the Custodian of Retire-
ment Funds (as defined in section 102(6) of the District of 
Columbia Retirement Reform Act) for deposit in the District of 
Columbia Teachers' Retirement Fund established by section 
123(a) of such Act"; 
(D) in section 9(a) (D.C. Code, sec. 31-729(a)), by striking out 
"deposit in the fund" in the second proviso and inserting in lieu 
thereof "repay to the Custodian of Retirement Funds (as defined 
in section 102(6) of the District of Columbia Retirement Reform 
Act) for deposit in the District of Columbia Teachers' Retirement 
Fund established by section 123(a) of such Act,"; 
(E) in clause (ii) of section 9(bXl) (D.C. Code, sec. 31-729(b)(l)), 
by striking out "returned to the teachers' retirement and annu-
ity fund established under section 2 of this Act" and inserting in 
lieu thereof "repaid to the Custodian of Retirement Funds (as 
defined in section 102(6) of the District of Columbia Retirement 
Reform Act) for deposit in the District of Columbia Teachers' 
Retirement Fund established by section 123(a) of such Act"; and 
(F) in section 17 (D.C. Code, sec. 31-737), by inserting "(includ-
ing any assets of the District of Columbia Teachers' Retirement 
Fund established by section 123(a) of the District of Columbia 
Retirement Reform Act)" immediately after "Act". 
(2) Section 4 of the Act entitled "An Act to incre£ise annuities 
payable to certain annuitants from the District of Columbia teachers' 
retirement and annuity fund, and for other purposes", approved 
September 2, 1958 (D.C. Code, sec. 31-744), is amended by inserting 
immediatelv before the period at the end of the first sentence the 
following: ' until such time as all amounts in such fund have been 
expended or transferred under section 123(c) of the District of 
Columbia Retirement Reform Act to the District of Columbia Teach-
ers' Retirement Fund established by section 123(a) of such Act and 
thereafter from the District o
f
* Columbia Teachers' Retirement 
Fund". 
(3) The Act entitled "An Act to authorize certain teachers in the 
public schools of the District of Columbia to count as creditable 
service for retirement purposes certain periods of authorized leave 
without pay taken by such teachers for educational purposes", 
approved June 27, 1960 (D.C. Code, sec. 31-745), is amended by 
striking out "the deposit by such teacher to the credit of the teachers' 
retirement and annuity fund of the District of Columbia" and 
inserting in lieu thereof "payment by such teacher to the Custodian 
of Retirement Funds (as defined in section 102(6) of the District of 
Columbia Retirement Reform Act), for deposit in the District of 
PUBLIC LAW 96-122—NOV. 17, 1979 
93 STAT. 875 
Columbia Teachers' Retirement Fund established by section 123(a) of 
such Act,". 
(c) Notwithstanding any other provision of law, any asset held in 
the District of Columbia teachers' retirement and annuity fund 
established by section 2 of the Act of August 7, 1946, may be 
transferred to the District of Columbia Teachers' Retirement Fund 
established by subsection (a). 
(d) The amendments made by subsection (b) shall take effect at the 
end of the ninety-day period beginning on the date of the enactment 
of this Act. 
Ante, p. 873. 
D.C. Code 
31-722. 
Effective date. 
DISTRICT OF COLUMBIA JUDGES RETIREMENT FUND 
D.C. Code 
11-1561 et seq. 
Supra. 
SEC. 124. (a) There is established a fund to be known as the District Establishment. 
of Columbia Judges' Retirement Fund into which shall be deposited 
the following, which shall constitute the assets of the Fund: 
(1) Any amount deposited pursuant to subchapter III of chap-
ter 15 of title 11 of the District of Columbia Code. 
(2) Any asset transferred to such Fund under subsection (c). 
(3) Any amount appropriated for such Fund under part C of 
this title. 
(4) Any return on investment of the assets of such Fund. 
(b)(1) Section 11-1561(4) of title 11 of the District of Columbia Code 
is amended by striking out "Judicial Retirement and Survivors 
Annuity Fund as provided in section 11-1570" and inserting in lieu 
thereof "Judges' Retirement Fund established by section 124(a) of the 
District of Columbia Retirement Reform Act". 
(2) Section ll-1563(a) of such title 11 is amended by striking out 
"deposited in the fund in accordance with procedures established by 
the Commissioner" and inserting in lieu thereof "paid to the Custo-
dian of Retirement Funds (as defined in section 102(6) of the District Ante, p. 868. 
of Columbia Retirement Reform Act) for deposit in the fund". 
(3) Section ll-1564(d)(4) of such title 11 is amended in the first 
sentence by striking out "Judicial Retirement and Survivors Annuity 
Fund" and inserting in lieu thereof "Judges' Retirement Fund 
established by section 124(a) of the District of Columbia Retirement 
Reform Act". 
(4) Section 11-1570 of such title 11 is amended— 
(A) in subsection (a)— 
(i) in the first sentence, by inserting immediately before 
the period "until such time as all amounts in such Fund 
have been expended or transferred to the District of Colum-
bia Judges' Retirement Fund established by section 124(a) of 
the District of Columbia Retirement Reform Act"; and 
(ii) by striking out the second and third sentences and 
inserting in lieu thereof the following: "Thereafter the 
retirement salaries, annuities, refunds, and allowances pro-
vided for in this subchapter shall be paid from such Fund."; 
(B) in subsection (b)— 
(i) by striking out "such funds" and inserting in lieu 
thereof "the District of Columbia Judicial Retirement and 
Survivors Annuity Fund"; 
(ii) by striking out "from the fund" and inserting in lieu 
thereof "under the first sentence of subsection (a)"; and 
(iii) by striking out "fund" the second place it appears and 
inserting in lieu thereof "District of Columbia Judicial 
Retirement and Survivors Annuity Fund"; and 
93 STAT. 876 
PUBLIC LAW 96-122—NOV. 17, 1979 
Transfer of 
funds. 
Effective date. 
Notification. 
(C) in subsection (d), by inserting "(including moneys in the 
District of Columbia Judges' Retirement Fund)" immediately 
after "subchapter". 
(c) Notwithstanding any other provision of law, any asset held in 
the District of Columbia Judicial Retirement and Survivors Annuity 
Fund may be transferred to the District of Columbia Judges' Retire-
ment Fund established by subsection (a). 
(d) The amendments made by subsection (b) shall take effect at the 
end of the ninety-day period beginning on the date of the enactment 
of this Act. 
MANAGEMENT OF RETIREMENT FUNDS 
SEC. 125. (a) The Custodian of Retirement Funds shall be the 
custodian of the assets of each Fund established by this title and shall 
manage and invest such assets in accordance with this title. 
(b) The assets of each Fund shall be kept separate from other 
moneys which may be under the control of the Custodian of Retire-
ment Funds, but need not be kept separate from the assets of the 
other Funds if the Board determines that commingling of such assets 
is advisable for investment purposes. 
(c) The Board shall maintain, in an appropriate depository, a cash 
reserve for the Funds in an amount determined by the Board to be 
sufficient to meet current outlays for annuities and other retirement 
and disability benefits authorized to be paid from such Funds. 
PAYMENTS FROM THE FUNDS 
SEC. 126. The Mayor shall notify the Custodian of Retirement 
Funds of any payments to be made from the Funds established by this 
title for annuities or other retirement or disability benefits (including 
refunds and lump-sum payments), and the Custodian of Retirement 
Funds shall make such payments from the appropriate Fund. 
PART C—FINANCING OF RETIREMENT BENEFITS 
LIMITATION ON INVESTMENT OF RETIREMENT FUNDS 
SEC. 141. (a) The assets of the Funds established by this title may 
not be invested in the following: 
(1) Interest-bearing bonds, notes, bills, or certificates of indebt-
edness of the government of the District of Columbia, the 
government of the Commonwealth of Virginia, or the govern-
ment of the State of Maryland, or the government of any political 
subdivision thereof, or of any entity subject to control by any 
such government or any combination of any such governments. 
(2) Obligations fully guaranteed as to the payment of both 
principal and interest by the government of the District of 
Columbia, the government of the Commonwealth of Virginia, or 
the government of the State of Maryland, or the government of 
any political subdivision thereof, or of any entity subject to 
control by any such government or any combination of any such 
governments. 
(3) Real property in the District of Columbia, Virginia, or 
Maryland. 
(4) Loans, mortgages, bonds, notes, bills, or certificates of 
indebtedness secured, in whole or in part, by real property in the 
District of Columbia, Virginia, or Maryland. 
PUBLIC LAW 96-122—NOV. 17, 1979 
93 STAT. 877 
(b) Until such time as the members of the Board are first selected 
and the Board certifies pursuant to section 121(h) that it is assuming 
responsibility for the Funds established by this title, the assets of 
such Funds may only be invested in the following: 
(1) Interest-bearing bonds, notes, bills, or certificates of indebt-
edness of the United States Government, or obligations fully 
guaranteed as the payment of both principal and interest by the 
United States Government. 
(2) Interest-bearing certificates of deposit issued by National, 
State, or District of Columbia savings and loan institutions. 
DETERMINATION OF FEDERAL AND DISTRICT OF COLUMBIA PAYMENTS TO 
THE FUNDS 
SEC. 142. (aXD The Board shall engage an enrolled actuary who Enrolled 
may be the enrolled actuary engaged pursuant to section 162(a)(4XA), actuary. 
who shall, on the basis of the entry age normal cost funding method 
and in accordance with generally accepted actuarial principles and 
practices, make the following determinations with respect to each 
Fund: 
(A) At the times specified in paragraph (2), the actuary shall "Net normal cost 
determine the level percentage of payroll, expressed as a percent- percentage." 
age (hereinafter in this title referred to as the "net normal cost 
percentage"), which shall be the percentage such that the 
amount equal to the product of such percentage and the present 
value of future compensation for participants in the retirement 
program, if paid annually into the Fund from the date of hire of 
each participant in the retirement program until the date of such 
participant's death, retirement, or other withdrawal from em-
plojonent covered by the retirement program, is equal to the 
amount of the difference between (i) the present value of the 
future benefits payable from the Fund to such group, and (ii) the 
present value of all future emploj^e contributions to the Fund. 
(B) At the times specified in paragraph (2), the actuary shall 
determine the amount (hereinafter in this title referred to as the 
"accrued actuarial liability") that is the difference between (i) 
the present value (as of the date of the determination) of the 
future benefits payable from the Fund, and (ii) the sum of^ 
(I) the present value of all future employee contributions 
to the Fund; and 
(II) the product of the net normal cost percentage and the 
present value of future compensation for participants in the 
retirement progrema. 
(C) At the times specified in paragraph (2), the enrolled actuary 
shall determine the current value of the assets in the Fund. 
(D) Each year, not later than sixty days prior to the date on 
which the Mayor is required to submit the annual budget for the 
government of the District of Columbia to the Council under 
section 442(a) of the District of Columbia Self-Government and 
Governmental Reorgsmization Act, the enrolled actuary shall 
D.c. Code 
determine— 
47-2210. 
(i) an estimate of the current annual active duty payroll; 
(ii) the amount (hereinafter in this title referred to as the 
"future Federal obligation") that is the amount of the 
present value of the sum of the amounts authorized by 
section 144(a) to be appropriated to the Fund for fiscal years 
beginning on or after the date of the determination; and 
(iii) the amount (hereinafter in this title referred to as the 
"net pay-as-you-go cost") that is the difference between (I) 
"Accrued 
actuarial 
liability." 
93 STAT. 878 
PUBLIC LAW 96-122—NOV. 17, 1979 
Net normal cost. 
Unfunded 
actuarial 
liability. 
"Current value 
of the assets in 
the Fund." 
the amount of the obligation of the Fund during the next 
fiscal year for the payment of benefits payable from the 
Fund during such year, and (II) the amount of employee 
contributions to the Fund for such year. 
The actuary shall also determine such additional information as the 
Board may require in order to make the determinations specified in 
paragraph (4) and in subsection (b). 
(2) The actuary engaged by the Board pursuant to paragraph (1) 
shall make the determinations described in subparagraphs (A), (B), 
and (C) of such paragraph at the following times: 
(A) Not later than sixty days after the date of the enactment of 
this Act. 
(B) Upon a requtst by the Board or by the Director of the Office 
of Management and Budget. 
(C) Not later than the end of the ninety-day period beginning 
on the first day of the third fiscal year occurring after the fiscal 
year in which the last such determination was made pursuant to 
any subparagraph of this paragraph. 
(3) On the basis of the most recent determinations made under 
paragraph (1), the enrolled actuary shall certify to the Board each 
year, at a time specified by the Board, the following information with 
respect to each Fund for the next fiscal year: 
(A) The net normal cost, which shall be computed as the 
product of the net normal cost percentage and the estimate by 
the actuary of the current annual active duty payroll. 
(B) The accrued actuarial liability. 
(C) The current value of assets in the Fund. 
(D) The future Federal obligation. 
(E) The net pay-as-you-go cost. 
(F) The unfunded actuarial liability, which shall be computed 
as the difference between the accrued actuarial liability and the 
sum of the current value of the assets in the Fund and the future 
Federal obligation. 
(G) The amount equal to the difference between (i) the accrued 
actuarial liability as of January 2,1975 (in future value as of the 
end of the fiscal year for which the determination is made), and 
(ii) the sum of the future Federal obligation, the current value of 
previous Federal contributions, and (in the case of the District of 
Columbia Teachers' Retirement Fund and the District of Colum-
bia Judges' Retirement Fund) the current value of any assets in 
the predecessor to such Fund as of January 2,1975, which amount 
is the difference between the amount that the Federal Govern-
ment would pay to the Fund if the Federal Government had 
assumed the funding responsibility for all accrued unfunded 
liabilities as of January 2, 1975, and the amount actually to be 
paid by the Federal Government. 
For the purposes of subparagraph (F), the term "current value of the 
assets in the Fund" shall be deemed to include (i) the present value of 
any payments to be made to the Fund by the District in accordance 
with subsection (b)(l)(C)(i), and (ii) the present value of the amount of 
any reduction in the amount of future District payments to the Fund 
determined in accordance with subsection (b)(1)(D). 
(4) The Board shall determine— 
(A) the amount of the Federal payment for the next fiscal year 
for each Fund authorized to be appropriated under section 144(a); 
and 
(B) on the basis of the most recent certification submitted by 
the enrolled actuary under paragraph (3), the amount of the 
PUBLIC LAW 96-122—NOV. 17, 1979 
93 STAT. 879 
District payment for the next fiscal year for each Fund, as 
described under subsection (b). 
(b)(1)(A) For the District payment for each Fund for each fiscal year 
through fiscal year 2004, the Board shall determine— 
(i) the unfunded actuarial liability for such Fund as of the end 
of fiscal year 2004; 
(ii) the unfunded actuarial liability as of October 1, 1979, in 
future value as of the end of fiscal year 2004 for such Fund; and 
(iii) the amount equal to the lesser of (I) the net pay-as-you-go 
cost, and (II) the sum of the net normal cost and the amount of 
annual interest (computed at the valuation rate used in the 
determination under subsection (a)(1)) on the unfunded actuarial 
liability, as computed under subsection (a)(3)(F). 
(B) If the amount determined under subparagraph (A)(i) is equal to 
the amount determined under subparagraph (A)(ii), the amount of 
the District payment for the fiscal year for such Fund shall be the 
amount determined under subparagraph (A)(iii). 
(C)(i) If the amount determined under subparagraph (A)(i) is great-
er than the amount determined under subparagraph (A)(ii), the 
amount of the District payment for the fiscal year for such Fund shall 
be the amount equal to the sum of (I) the amount determined under 
subparagraph (A)(iii), and (II) the amount of the level amortization 
payment that, if paid annually into the Fund through the next ten 
fiscal years (and accrued at the rate of interest used in the determina-
tions under subsection (a)(1)), would reduce the amount determined 
under subparagraph (A)(i) to the amount determined under subpara-
graph (A)(ii) by the end of such ten fiscal vears. 
(ii) A level amortization payment shall not be required under this 
subparagraph for any fiscal year to the extent that the difference 
between the amount determined under subparagraph (A)(i) and the 
amount determined under subparagraph (A)(ii) for such fiscal year is 
attributable to the failure of the Federal Government (other than a 
failure because of section 144(d) or 145) to make all or any part of the 
Federal payment to such Fund for any fiscal year. 
(D) If the amount determined under subparagraph (A)(ii) is greater 
than the amount determined under subparagraph (A)(i), the amount 
of the District payment for such Fund shall be the amount deter-
mined under subparagraph (A)(iii) reduced by the amount of the level 
amortization payment that, if paid annually for the next ten fiscal 
years, would have a future value as of the end of fiscal year 2004 
equal to the difference between the amount determined under 
subparagraph (A)(ii) and the amount determined under subpara-
graph (A)(i). 
(E) The amount of a District payment determined under subpara-
graph (C) may not exceed the amount determined under subpara-
graph (A)(iii) by more than 10 percent of the net pay-as-you-go cost, in 
the case of a payment to the District of Columbia Police Officers and 
Fire Fighters' Retirement Fund, or by more than 30 percent of the 
net pay-as-you-go cost, in the case of a payment to the District of 
Columbia Teachers' Retirement Fund or to the District of Columbia 
Judges' Retirement Fund. 
(F) Determinations under subparagraph (A) shall be made in 
accordance with generally accepted actuarial principles 
and 
practices. 
(2) The amount of the District payment to each Fund for fiscal year 
2005 and for each fiscal year thereafter shall be the sum of (A) the net 
normal cost, and (B) the amount of annual interest (computed at the 
valuation rate used in the determination pursuant to subsection 
(a)(1)) on the unfunded actuarial liability. 
Level 
amortization 
payment. 
District 
payment, 
limitation. 
93 STAT. 880 
PUBLIC LAW 96-122-NOV. 17, 1979 
(c)(1) On the basis of the most recent determinations made under 
subsection (a)(4), the Board shall— 
(A) not later than March 15 of each year through calendar year 
2003, submit to the President and to the Congress a request for 
appropriation of the Federal payment for the next fiscal year for 
each Fund; and 
(B) not less than thirty days prior to the date on which the 
Mayor is required to submit the annual budget for the govern-
ment of the District of Columbia to the Council under section 
442(a) of the District of Columbia Self-Government and Govern-
D.C. Code 
mental Reorganization Act, certify to the Mayor and the Council 
^'^~^^^- 
the amount of the District payment for each Fund. 
(2) The Mayor, in preparing each annual budget for the District of 
Columbia pursuant to section 442(a) of the District of Columbia Self-
Government and Governmental Reorganization Act, and the Council 
of the District of Columbia, in adopting each annual budget in 
D.C. Code 
accordance with section 446 of such Act, shall include in such budget 
47-224. 
jjQ^ jggg than the full amount certified by the Board under paragraph 
(1)(B) as being the amount of the District payment for the next fiscal 
Recommendations, year for each Fund. The Mayor and the Council may comment and 
make recommendations concerning any such amount certified by the 
Board. 
(d)(1) Whenever any change in benefits under a retirement pro-
gram is made, the Mayor shall engage an enrolled actuary, who may 
be the enrolled actuary engaged pursuant to section 162(a)(4)(A), to 
estimate the effect of such change in benefits over the next five fiscal 
years on (A) the net normal cost percentage with respect to the 
retirement program, (B) the accrued actuarial liability with respect 
to the retirement program, (C) the net pay-as-you-go cost with respect 
to the retirement program, and (D) the level of the District payments 
to the Fund. The Mayor shall transmit the estimates of the actuary 
under the preceding sentence to the Board and to the Speaker and the 
President pro tempore, and such change in benefits may not go into 
effect until the end of the thirty-day period beginning on the date 
such transmittals are completed. 
(2) In the event a change in benefits under a retirement program is 
made that increases the present value of benefits payable from the 
Fund, a level amortization payment for a period not to exceed 
twenty-five years shall be paid by the District to the Fund such that 
the present value of the sum of such level amortization payments 
equals the increase in the present value of such benefits. Such 
payments shall be made in addition to any other payment to the 
Fund required to be made by the District, and such increase in 
present value of benefits payable from the Fund and such payments 
shall be disregarded in calculating the unfunded actuarial liability 
under subsection (b)(lXA). 
(e) Whenever the amount authorized to be appropriated to the 
District of Columbia Police Officers and Fire Fighters' Retirement 
Fund for any fiscal year under section 144(a)(1) is reduced under 
section 145(c), the District shall, beginning with the next fiscal year, 
pay a level amortization payment to such Fund for a period not to 
exceed ten years such that the present value (determined as of the 
beginning of the fiscal year for which such authorization is reduced) 
of the sum of such level amortization payments equals the amount of 
such reduction. Such payments shall be made in addition to any other 
payment to such Fund required to be made by the District and shall 
be disregarded in calculating the unfunded actuarial liability under 
subsection (b)(1)(A), 
PUBLIC LAW 96-122—NOV. 17, 1979 
93 STAT. 881 
(f) The Comptroller General of the United States shall have access 
to all books, accounts, records, reports, files and other papers neces-
sary to carry out the responsibility of the Comptroller General under 
section 736(a) of the District of Columbia Self-Government and 
Governmental Reorganization Act and under section 144(e) of this 
Act. 
INFORMATION ABOUT RETIREMENT PROGRAMS 
SEC. 143. Upon a request of the Board, the Mayor shall furnish to 
the Board such information with respect to retirement programs to 
which this title applies as the Board considers necessary to enable it 
to carry out its responsibilities under this title and to enable the 
enrolled actuary engaged pursuant to section 142(a) to carry out the 
responsibilities of the enrolled actuary under this title. 
D.C. Code 
47-120-1; 31 
use 61. 
FEDERAL AND DISTRICT OF COLUMBIA PAYMENTS TO THE FUNDS 
SEC. 144. (a) There is authorized to be appropriated from the Appropriation 
revenues of the United States for fiscal year 1980 and for each fiscal authorizations. 
year thereafter through fiscal year 2004— 
(1) as the Federal payment to the District of Columbia Police 
Officers and Fire Fighters' Retirement Fund, the sum of 
$34,170,000, reduced by the amount of any reduction required 
under section 145(c); 
(2) as the Federal payment to the District of Columbia Teach-
ers' Retirement Fund, the sum of $17,680,000; and 
(3) as the Federal payment to the District of Columbia Judges' 
Retirement Fund, the sum of $220,000. 
.„ . 
(b)(1) Amounts appropriated as a Federal payment to a Fund 
established by this title shall not be subject to apportionment and 
shall be deposited in the appropriate Fund not more than thirty days 
after they are appropriated or thirty days after the beginning of the 
fiscal year for which they are appropriated, whichever is later. 
(2) Amounts appropriated as a District of Columbia payment to a 
Fund established by this title shall be deposited in the appropriate 
Fund in equal quarterly installments, the first of which shall be made 
on the first day of the first quarter of the fiscal year, or on the first 
day thereafter that funds for such installment become available, and 
the remainder of which shall be made on the first day of succeeding 
quarters of the fiscal year, or on the first day thereafter that funds for 
such installments become available. 
(c) If at any time the balance of any Fund established by this title is 
not sufficient to meet all obligations against such Fund, such Fund 
shall have a claim on the revenues of the District of Columbia to the 
extent necessary to meet such obligations. 
(d) If, for any fiscal year, the Mayor and the Council do not carry 
out the requirements of subsections (c)(2), (d), and (e) of section 142 
with respect to a Fund, no funds authorized to be appropriated for 
such Fund by this section shall be available for such Fund for such 
fiscal year. 
(e)(1) In the year 2004, the Comptroller General shall determine Federal share 
whether the Federal share with respect to each Fund has been paid in payments. 
full by payments made pursuant to appropriations authorized under 
subsection (a) of this section and, in the case of the District of 
Columbia Police Officers and Fire Fighters' Retirement Fund, by 
payments made or to be made under section 142(e). 
(2) For the purposes of this subsection, the term "Federal share", "Federal share.' 
with respect to a retirement program, means the sum of— 
59-194 O — 81 
58 : QL3 
93 STAT. 882 
PUBLIC LAW 96-122—NOV. 17, 1979 
(A) 80 percent of the accrued unfunded liability as of October 1, 
1979, for participants in the retirement program who retired 
before January 2, 1975, under a provision of law authorizing 
retirement and entitlement to an annuity based upon the years 
of creditable service of the participant (and for the beneficiaries 
of such participants under the retirement program); and 
(B) 33 V
a percent of the accrued unfunded liability as of October 
1, 1979, for participants in the retirement program who retired 
before January 2, 1975, under a provision of law authorizing 
retirement and entitlement to an annuity based upon a disease 
or disability from which the participant is suffering (and for the 
beneficiaries of such participants 
under 
the 
retirement 
program). 
REDUCTION IN FEDERAL CONTRIBUTION FOR EXCESSIVE COST OF POUCE 
OFFICERS AND FIRE FIGHTERS* DISABILITY RETIREMENT 
SEC 145. (a) After January 1, and before March 1, of each year 
beginning with calendar year 1983 and ending with calendar year 
2004, the enrolled actuary engaged pursuant to section 142 shall, with 
respect to the District of Columbia Police Officers and Fire Fighters' 
Retirement Fund— 
(1) determine the estimated present value (as of the date of the 
determination) of the cost to the Fund of the future benefits 
payable from such Fund for disability retirements under subsec-
tions (f)(1) and (g)(1) of the Policemen and Firemen's Retirement 
D.C. Code 4-526, 
and Disability Act to those officers and members of the Metro-
"^'^^T. 
politan Police force and the Fire Department of the District of 
Columbia who first became such officers or members on or 
before the end of the ninety-day period beginning on the date of 
the enactment of this Act and who were not retired on the first 
day of the preceding calendar year; 
(2) determine the estimated present value (as of the date of the 
determination) of the cost to the Fund of the benefits referred to 
in paragraph (1) determined as if such officers and members 
retire, had retired, or had to choose whether to retire under the 
Post, p. 903. 
provisions of subsection (f)(2) or (g)(5) of such Act, as in effect on 
the day after the end of the ninety-day period beginning on the 
date of the enactment of this Act, except that in making determi-
nations under this paragraph, the enrolled actuary (A) shall not 
take into account reductions pursuant to subsection (j)(3) of the 
Policemen and Firemen's Retirement and Disability Act, and (B) 
shall take into account such factors as the actuary considers to be 
appropriate and in accordance with sound actuarial practice in 
order to eliminate age-specific or other bias; and 
(3) state whether, in accordance with sound actuarial practice, 
the ratio of the amount determined under paragraph (1) to the 
amount determined under paragraph (2) can be said to be greater 
than 1.02. 
Report. 
The enrolled actuary shall report the determinations and statements 
made under paragraphs (1) through (3) for any year to the Board and 
to the Comptroller General of the United States not later than March 
1 of such year. 
(b)(1) The Board and the Comptroller General shall each transmit a 
copy of each report by the enrolled actuary under subsection (a) to the 
'*"'"' 
Speaker, the President pro tempore, the Mayor, and the Council not 
later than March 31 of the year in which the report is made, and each 
shall submit comments on such report. 
PUBLIC LAW 96-122—NOV. 17, 1979 
93 STAT. 883 
(2) The Comptroller General shall include in his comments on each 
such report transmitted under paragraph (Da statement of whether 
the determinations and statement made by the enrolled actuary 
under subsection (a) were made in conformance with generally 
accepted actuarial practices and principles and whether such deter-
minations and statements fairly present in all material respects the 
amounts described in paragraphs (1) and (2) of such subsection. 
(c) Notwithstanding any other provision of this Act, ^yith respect to 
the fiscal year commencing in any calendar year in which a report of 
the enrolled actuary under subsection (a), as transmitted to the 
Congress in accordance with subsection (b), includes a statement by 
the enrolled actuary under paragraph (3) of subsection (a) that the 
ratio of the estimates determined under paragraphs (1) and (2) of such 
subsection is greater than 1.02, the amount authorized by section 
144(a)(1) to be appropriated to the Fund for such fiscal year shall be 
reduced. Such reduction shall be an amount equal to the product of (1) 
the amount specified in such section, and (2) the ratio of (A) the 
number of officers and members of the Metropolitan Police force and 
the Fire Department of the District of Columbia who retired during 
the preceding calendar year under subsections (f)(1) and (g)(1) of the 
Policemen and Firemen's Retirement and Disability Act to (B) the D.C. Code 4-526, 
number of officers and members of the Metropolitan Police force and 4-527. 
the Fire Department of the District of Columbia who first became 
such members prior to the end of the ninety-day period beginning on 
the date of the enactment of this Act and who retired, died, withdrew 
by taking out a lump-sum payment, or separated from active duty 
while eligible for a deferred annuity under the Policemen and 
Firemen's Retirement and Disability Act during such year. 
D.C. Code 4-521 
(d)(1) Notwithstanding any provision of the Policemen and Fire- note, 
men's Retirement and Disability Act or any other provision of this 
Act, in any case in which any officer or member of the Metropolitan 
Police force or the Fire Department of the District of Columbia 
retires during calendar year 1979 or any subsequent calendar year 
through calendar year 2001 under subsection (f)(1) or (g)(1) of the 
Policemen and Firemen's Disability Act, the Board of Police and Fire 
Surgeons shall determine, within a reasonable time and in accord-
ance with regulations which the Mayor shall promulgate, the per-
centage of impairment of such officer or member and shall report 
such percentage of impairment to the Police and Firemen's Retire-
ment and Relief Board. In the case of such officer or member, such 
Board shall determine, within a reasonable time, the percentage of 
disability of such officer or member giving due regard to— 
(A) the nature of the injury or disease; 
(B) the percentage of impairment reported pursuant to the 
preceding sentence; 
(C) the position in the Metropolitan Police force or the Fire 
Department of the District of Columbia held by the officer 
'^-iife 
or member immediately prior to such officer or member's 
retirement; 
(D) the age and years of service of the officer or member; and 
(E) any other factor or circumstance which may affect the 
capacity of the officer or member to earn wages or engage in 
gainful activity in his disabled condition, including the effect of 
the disability as it may naturally extend into the future. 
(2) The Police and Firemen's Relief Board, on or before January 31 
of each calendar year from 1980 through 2002, shall make available 
to the Comptroller General and the enrolled actuary all determina-
tions (including related documents and information) made during the 
preceding calendar year pursuant to paragraph (1) of this subsection 
93 STAT. 884 
PUBLIC LAW 96-122—NOV. 17, 1979 
in order to enable the Comptroller General and the enrolled actuary 
to mgike the determinations and statement required by this section. 
Repeal. 
Ante, p. 873. 
Repeal. 
Repeal. 
Repeal. 
CONFORMING AMENDMENTS 
SEC. 146. (aXD Section 7 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. 31-727), is repealed. 
(2) Section 14 of such Act of August 7,1946 (D.C. Code, sec. 31-734), 
is amended— 
(A) in the third sentence, by striking out "The" and inserting 
in lieu thereof "Until such time as all amounts in the teachers' 
retirement and annuity fund have been expended or transferred 
to the District of Columbia Teachers' Retirement Fund estab-
lished by section 123(a) of the District of Columbia Retirement 
Reform Act, the"; and 
(B) by striking out the fourth sentence. 
(3) Section 15 of such Act of August 7,1946 (D.C. Code, sec. 31-735), 
is repealed. 
(b) The proviso in the fourth paragraph (relating to District 
government retirement and relief funds) under the heading "Com-
pensation and Retirement Fund Expenses" in the Act of July 31,1953 
(D.C. Code, sec. 31-716a), is repealed. 
(cXD Section 7 of the Act entitled "An Act for the retirement of 
public-school teachers in the District of Columbia", approved Janu-
ary 15, 1920 (D.C. Code, sec. 31-707), is amended by striking out the 
second and third sentences of the first paragraph. 
(2) Section 14 of such Act of January 15, 1920 (D.C. Code, sec. 
31-715), is amended by striking out the third and fourth sentences. 
(3) Section 15 of such Act of January 15, 1920 (D.C. Code, sec. 
31-716), is repealed. 
PART D—REPORTING AND DISCLOSURE REQUIREMENTS 
PERSONAL FINANCIAL DISCLOSURE BY BOARD MEMBERS 
SEC. 161. (a) Each member of the Board shedl, within ninety days of 
his selection as a member of the Board and not later than April 30 of 
each year thereafter, submit to the Mayor, the Council, the Speaker, 
and the President pro tempore a personal financial disclosure state-
ment with respect to the preceding calendar year. Such statement 
shall be in such form as the Council may by regulation require and 
shall contain such information with respect to the member's finan-
cial condition as the Council may by regulation require, including the 
following information: 
(1) The amount and source of all income (as defined in section 
26 use 61. 
61 of the Internal Revenue Code of 1954) received during the 
year. 
(2) The identity and category of value of each liability owned, 
directly or indirectly, that exceeds $2,500 as of the last day of the 
year (excluding any mortgage that secures real property that is 
the principal residence of such member). 
(3) The identity and category of value of any property held, 
directly or indirectly, in a trade or business or for investment or 
the production of income that has a fair market value of not less 
than $1,000 as of the l£ist day of the year. 
(4) The identity and category of value of any transaction, 
whether direct or indirect, in securities or commodities futures 
during the year in excess of $1,000 (excluding any gift to any tax-
PUBLIC LAW 96-122—NOV. 17, 1979 
93 STAT. 885 
exempt organization described in section 501(c)(3) of the Internal 
Revenue Code of 1954), and the identity, date, and category of 26USC501. 
value of any purchase or sale, whether direct or indirect, of any 
interest in real or tangible personal property during the year the 
value of which exceeds $1,000 at the time of such purchase or sale 
(excluding any purchase or sale of any property that is the 
principal residence of such member or that is used as furnishings 
for such principal residence). 
(5) The nature and extent of any interest during the year in 
any bank, insurance company, or other financial institution, or 
in any brokerage or other securities or investment company. 
(6) The nature and extent of any employment during the year 
by any bank, insurance company, or other financial institution, 
or by any brokerage or other securities or investment company. 
A member shall not be required to submit a personal financial 
disclosure statement to the Speaker and the President pro tempore 
for calendar years after calendar year 2004. 
Ot)) For purposes of paragraphs (2), (3), and (4) of subsection (a), the 
member reporting need not specify the actual amount of value of 
each item required to be reported under such paragraphs, but shall 
indicate which of the following categories such amount or value is 
within: 
(1) Not more than $5,000. 
(2) Greater than $5,000 but not more than $15,000. 
(3) Greater than $15,000 but not more than $50,000. 
(4) Greater than $50,000 but not more than $100,000. 
(5) Greater than $100,000. 
Personal 
financial 
disclosure 
statement. 
ANNUAL REPORTS 
SEC. 162. (a)(1)(A) The Board shall publish an annual report for each Publication, 
fiscal year (beginning with fiscal year 1980) with respect to each 
retirement program to which this title applies and with respect to the 
Fund for such retirement program. Such report shall be filed with the 
Mayor, the Council, the Speaker, and the President pro tempore in 
accordance with section 164(a) and shall be made available and 
furnished to participants and beneficiaries in accordance with section 
164(b). 
(B) The annual report shall include the information described in 
subsections (b), (c), (d), and (e) and, when applicable, subsection (f), and 
shall also include— 
(i) the financial statement and opinion required by paragraph 
(3) of this subsection; and 
(ii) the actuarial statement and opinion required by paragraph 
(4) of this subsection. 
(2) If some or all of the information needed to enable the Board to 
comply with the requirements of this title is maintained by— 
(A) an insurance carrier or other organization which provides 
some or all of the benefits under the retirement program, or 
holds assets of the Fund for such retirement program in a 
separate account; 
(B) a bank or similar institution which holds some or all of the 
assets of the Fund in a common or collective trust or a separate 
trust, or custodial account; or 
(C) the Mayor (or the Police and Firemen's Retirement and 
Relief Board, established pursuant to section 122 of the Act of 
September 3, 1974, in carrying out the Mayor's responsibilities 
under the Policemen and Firemen's Retirement and Disability 
Act); 
D.C. Code 
4-533a. 
93 STAT. 886 
PUBLIC LAW 96-122—NOV. 17, 1979 
Audit. 
Financial 
statement. 
such carrier, organization, bank, or institution, or the Mayor, shall 
transmit and certify the accuracy of such information to the Board 
within one hundred and twenty days after the end of the fiscal year 
(or such other date as may be prescribed under regulations of the 
Board). 
(3)(A) Except as provided in subparagraph (C), the Board shall 
engage an independent qualified public accountant who shall conduct 
such examination of any financial statements of the Fund, and of 
other books and records of the Fund or the retirement program, as 
the accountant may deem necessary to enable the accountant to form 
an opinion as to whether the financial statements and schedules 
required to be included in the annual report by subsection (b) of this 
section are presented fairly in conformity with generally accepted 
accounting principles applied on a basis consistent with that of the 
preceding year. Such examination shall be conducted in accordance 
with generally accepted auditing standards and shall involve such 
tests of the books and records of the Fund and the retirement 
program as are considered necessary by the independent qualified 
public accountant. The independent qualified public accountant shall 
also offer his opinion as to whether the separate schedules specified 
in subsection (b)(2) of this section and the summary material required 
under section 164(b)(2) present fairly, and in all material respects, the 
information contained therein when considered in conjunction with 
the financial statements taken as a whole. The opinion by the 
independent qualified public accountants shall be made a part of the 
annual report. 
(B) In offering his opinion under this section, the accountant may 
rely on the correctness of any actuarial matter certified to by an 
enrolled actuary if he so states his reliance. 
(C) The opinion required by subparagraph (A) need not be ex-
pressed as to any statements required by subsection (b)(2)(G) prepared 
by a bank or similar institution or insurance carrier regulated and 
supervised and subject to periodic examination by a State or Federal 
agency if such statements are certified by the bank, similar institu-
tion, or insurance carrier as accurate and are made a part of the 
annual report. 
(4)(A) The Board shall engage an enrolled actuary who shall be 
responsible for the preparation of the materials comprising the 
actuarial statement required under subsection (d) of this section. 
(B) The enrolled actuary shall utilize such assumptions and tech-
niques as are necessary to enable him to form an opinion as to 
whether the contents of the matters reported under subsection (d) of 
this section— 
(i) are in the aggregate reasonably related to the experience of 
the Fund and the retirement program and to reasonable expecta-
tions; and 
(ii) represent his best estimate of anticipated experience under 
the Fund and the retirement program. 
The opinion by the enrolled actuary shall be made with respect to, 
and shall be made a part of, each annual report. 
(C) In making a certification under this section, the enrolled 
actuary may rely on the correctness of any accounting matter under 
subsection (b) as to which any qualified public accountant has 
expressed an opinion if he so states his reliance. 
(b)(1) An annual report under this section shall include a financial 
statement containing a statement of assets and liabilities, and a 
statement of changes in net assets available for benefits under the 
retirement program, which shall include details of revenues and 
expenses and other changes aggregated by general source and appli-
PUBLIC LAW 96-122—NOV. 17, 1979 
93 STAT. 887 
cation. In the notes to financial statements, disclosures concerning 
the following items shall be considered by the accountant: A descrip-
tion of the retirement program, including any significant changes in 
the retirement program made during the period and the impact of 
such changes on benefits; the funding policy (including the policy 
with respect to prior service cost), and any changes in such policy 
during the year; a description of any significant changes in benefits 
made during the period; a description of material lease commitments, 
other commitments, and contingent liabilities; a description of agree-
ments and transactions with persons known to be parties in interest; 
and any other matters necessary to fully and fairly present the 
financial statements of the Fund. 
(2) The statement required under paragraph (1) shall have attached 
the following information in separate schedules: 
(A) A statement of the assets and liabilities of the Fund, 
aggregated by categories and valued at their current value, and 
the same data displayed in comparative form for the end of the 
previous fiscal year. 
(B) A statement of receipts in and disbursements from the 
Fund during the preceding twelve-month period, aggregated by 
general source and application. 
(C) A schedule of all assets held for investment purposes, 
aggregated and identified by issuer, borrower, or lessor, or 
similar party to the transaction (including a notation as to 
whether such party is known to be a party in interest), maturity 
date, rate of interest, collateral, par or maturity value, cost, and 
current value. 
(D) A schedule of each transaction involving a person known to 
be a party in interest, the identity of such party in interest and 
his relationship or that of any other party in interest to the Fund, 
a description of each asset to which the transaction relates; the 
purchase or selling price in case of a sale or purchase, the rental 
in case of a lease, or the interest rate and maturity date in case of 
a loan; expenses incurred in connection with the transaction; the 
cost of the asset, the current value of the asset, and the net gain 
or loss on each transaction. 
(E) A schedule of all loans or fixed income obligations which 
were in default as of the close of the fiscal year or were classified 
during the year as uncoUectable and the following information 
with respect to each loan on such schedule (including a notation 
as to whether parties involved are known to be parties in 
interest): The original principal amount of the loan, the amount 
of principal and interest received during the reporting year, the 
unpaid balance, the identity and address of the obligor, a detailed 
description of the loan (including date of making and maturity, 
interest rate, the type and value of collateral, and other material 
terms), the amount of principal and interest overdue (if any) and 
an explanation thereof. 
(F) A list of all leases which were in default or were classified 
during the year as uncoUectable and the following information 
with respect to each lease on such list (including a notation as to 
whether parties involved are known to be parties in interest): 
The type of property leased (and, in the case of fixed assets such 
as land, buildings, and leaseholds, the location of the property); 
the identity of the lessor or lessee from or to whom the Fund is 
leasing; the relationship of such lessors and lessees, if any, to the 
Fund, the government of the District of Columbia, any employee 
organization, or any other party in interest; the terms of the 
lease regarding rent, taxes, insurance, repairs, expenses, and 
93 STAT. 888 
PUBLIC LAW 96-122—NOV. 17, 1979 
renewal options; the date the leased property was purchased and 
its cost; the date the property was leased and its approximate 
value at such date, the gross rental receipts during the reporting 
period, expenses paid for the leased property during the report-
ing period, the net receipts from the lease, the amounts in 
arrears, and a statement as to what steps have been taken to 
collect amounts due or otherwise remedy the default. 
(G) The most recent annual statement of assets and liabilities 
of any common or collective trust maintained by a bank or 
similar institution in which some or all the assets of the Fund are 
held, of any separate account maintained by an insurance carrier 
in which some or all of the assets of the Fund are held, and of any 
separate trust maintained by a bank as trustee in which some or 
all of the assets of the Fund are held, and in the case of a separate 
account or a separate trust, such other information as may be 
required by the Board in order to comply with this subsection. 
(H) A schedule of each reportable transaction, the name of 
each party to the transaction (except that, in the case of an 
acquisition or sale of a security on the market, the report need 
not identify the person from whom the security was acquired or 
to whom it was sold) and a description of each asset to which the 
transaction applies; the purchase or selling price in case of a sale 
or purchase, the rental in case of a lease, or the interest rate and 
maturity date in case of a loan; expenses incurred in connection 
with the transaction; the cost of the asset, the current value of 
the asset, and the net gain or loss on each transaction. 
"Reportable ^ 
(3) For purposes of subparagraph (H) of paragraph (2), the term 
transaction." 
"reportable transaction" means a transaction to which the Fund is a 
party and which is— 
(A) a transaction involving an amount in excess of 3 percent of 
the current value of the assets of the Fund; 
(B) any transaction (other than a transaction respecting a 
security) which is part of a series of transactions with or in 
conjunction with a person in a fiscal year, if the aggregate 
amount of such transactions exceed 3 percent of the current 
value of the assets of the Fund; 
(C) a transaction which is part of a series of transactions 
respecting one or more securities of the same issuer, if the 
aggregate amount of such transactions in the fiscal year exceeds 
3 percent of the current value of the assets of the Fund; or 
(D) a transaction with or in conjunction with a person respect-
ing a security, if any other transaction with or in conjunction 
with such person in the fiscal year respecting a security is 
required to be reported by reason of subparagraph (A). 
(c) The Board shall furnish as a part of an annual report under this 
section the following information: 
(1) The number of individuals covered by the retirement 
program. 
(2) The name and address of each member of the Board. 
(3) Except in the case of a person whose compensation is 
minimal (as determined under regulations of the Council, which 
regulations the Council shall initially promulgate within ninety 
days after the date of the enactment of this Act) and who 
performs solely ministerial duties (as determined under such 
regulations), the name of each person (including any consultant, 
broker, trustee, accountant, insurance carrier, actuary, adminis-
trator, investment counsel, or custodian who rendered services to 
the Board or who had transactions with the Board) who directly 
or indirectly received compensation from the Board during the 
PUBLIC LAW 96-122—NOV. 17, 1979 
93 STAT. 889 
preceding year for services rendered to the Board or the partici-
pants or beneficiaries of the retirement program for which a 
Fund was established, the amount of such compensation, the 
nature of his services, his relationship, if any, to the District of 
Columbia government or any employee organization, and any 
other officer, position or employment he holds with any party in 
interest. 
(4) An explanation of the reason for any change in appoint-
ment of any accountant, insurance carrier, enrolled actuary, or 
investment counsel appointed by the Board. 
(5) Such other financial and actuarial information as the 
Council may by regulation prescribe. 
(d) An annual report under this section for a fiscal year shall 
include a complete actuarial statement applicable to the fiscal year 
which shall include the following information: 
(1) The date of the actuarial valuation applicable to the fiscal 
year for which the report is filed. 
(2) The date and amount of the payments to the Fund for the 
fiscal year for which the report is filed and contributions for prior 
fiscal years not previously reported, including payments by the 
participants, the United States, and the District of Columbia. 
(3) The following information applicable to the fiscal year for 
which the report is filed: 
(A) The amounts determined under section 142(a)(1). 
(B) The accrued liabilities. 
(C) An identification of benefits not included in the calcu-
lation. 
(D) A statement of the other facts and actuarial assump-
tions and methods used to determine costs. 
(E) A justification for any change in actuarial assumptions 
or cost methods. 
(4) The number of participants and beneficiaries covered by the 
retirement program. 
(5) A certification of the amount of the payments to the Fund 
necessary to reduce the accumulated funding deficiency to zero. 
(6) A statement by the enrolled actuary of any change in 
actuarial assumptions made with respect to the Fund during the 
year. 
(7) A statement by the enrolled actuary of the estimated 
current value of vested benefits under the retirement program. 
(8) A statement by the enrolled actuary that to the best of his 
knowledge the report is complete and accurate. 
(9) A copy of the opinion required by subsection (a)(4). 
(10) Such other information regarding the retirement program 
as the Council may by regulation require. 
(11) Such other information as the enrolled actuary may 
determine is necessary to fully and fairly disclose the actuarial 
position of the Fund. 
The actuary shall make an actuarial valuation of the Fund for every 
third fiscal year, unless he determines that a more frequent valuation 
is necessary to support his opinion under subsection (a)(4) of this 
section. 
(e) A report under this section for a fiscal year shall include a 
statement prepared by the Board of— 
(1) the relative riskiness of the investments during the fiscal 
year of the assets of the Fund; 
(2) a comparison of the average return on the investments of 
the Fund during the year with the average return on the 
Complete 
actuarial 
statement. 
Actuarial 
valuation of 
fund. 
93 STAT. 890 
PUBLIC LAW 96-122—NOV. 17, 1979 
investments of other public pension funds during the year that 
have comparable asset valuation; and 
(3) the average daily balance of, and the average rate earned 
by, assets of the Fund in each of any time or demand deposits 
during the year, 
(f) If some or all of the benefits under the retirement program are 
purchased from and guaranteed by an insurance company, insurance 
service, or other similar organization, a report under this section 
shall include a statement from such insurance company, service, or 
other similar organization covering the fiscal year and enumerat-
ing— 
(1) the premium rate or subscription charge and the total 
premium or subscription charges paid to each such carrier, 
insurance service, or other similar organization and the approxi-
mate number of persons covered by each class of such benefits; 
and 
(2) the total amount of premiums received, the approximate 
number of persons covered by each class of benefits, and the total 
claims paid by such company, service, or other organization; 
dividends or retroactive rate adjustments, commissions, and 
administrative service or other fees or other specific acquisition 
costs paid by such company, service, or other organization; any 
amounts held to provide benefits after retirement; the remainder 
of such premiums; and the names and addresses of the brokers, 
agents, or other persons to whom commissions or fees were paid, 
the amount paid to each, and for what purpose. 
If any such company, service, or other organization does not maintain 
separate experience records covering the specific groups it serves, the 
report shall include, in lieu of the information required by paragraph 
(2), a statement as to the basis of its premium rate or subscription 
charge, the total amount of premiums or subscription charges re-
ceived from the Fund, and a copy of the financial report of the 
company, service, or other organization and, if such company, serv-
ice, or organization incurs specific costs in connection with the 
acquisition or retention of any particular Fund or Funds, a detailed 
statement of such costs. 
RETIREMENT PROGRAM SUMMARY DESCRIPTION 
SEC. 163. (a)(1) A summary description of each retirement program 
to which this Act applies shall be furnished to participants and 
beneficiaries as provided in section 164(b). The summary description 
shall include the information specified in subsection (b) of this 
section, shall be written in a manner calculated to be understood by 
the average participant or beneficiary, and shall be sufficiently 
accurate and comprehensive to reasonably apprise such participants 
and beneficiaries of their rights and obligations under the retirement 
program. 
(2) A summary of any material modification in the terms of the 
retirement program and any change in the information required 
under subsection (b), written in a manner calculated to be understood 
by the average participant or beneficiary, shall be furnished in 
accordance with section 164(b)(1). 
(b) Each summary description of a retirement program shall 
contain the following information: The name and type of administra-
tion of the retirement program; the name and address of the chair-
man of the Board, who shall be the agent of the Board for the service 
of legal process; the name, title, and address of each member of the 
Board; a description of the relevant provisions of applicable coUec-
PUBLIC LAW 96-122—NOV. 17, 1979 
93 STAT. 891 
tive-bargaining agreements; the retirement program's requirements 
respecting eligibility for participation and benefits; a description of 
the provisions providing for nonforfeitable pension benefits; circum-
stances which may result in disqualification, ineligibility, or denial or 
loss of benefits; the identity of any organization through which 
benefits are provided; the procedures to be followed in presenting 
claims for benefits under the retirement program; and the remedies 
available under the retirement program for the redress of claims that 
are denied in whole or in part. 
FILING REPORTS AND FURNISHING INFORMATION TO PARTICIPANTS 
SEC. 164. (a)(1) The Board shall file with the Mayor, the Council, the 
Speaker, and the President pro tempore— 
(A) the annual reports for a fiscal year within two hundred and 
ten days after the end of such year; 
(B) a copy of each summary description of a retirement 
program within one year after the date of the enactment of this 
Act; and 
(C) a revised summary description of a retirement program, 
incorporating any material modification in the terms of the 
retirement program, within sixty days after such modification is 
adopted or occurs. 
The Mayor shall make copies of such retirement program descrip-
tions and annual reports available for public inspection in an appro-
priate location. The Board shall also furnish to the Mayor, the 
Council, the Speaker, and the President pro tempore, upon request, 
any documents relating to the retirement program or the Fund, 
including any bargaining agreement, trust agreement, contract, or 
other instrument under which the retirement program or Fund is 
operated. 
(2)(A) The Mayor or the Council may reject any filing under this 
section within thirty days of such filing— 
(i) upon determining that such filing is incomplete for purposes 
ofthispart;or 
(ii) upon determining that there is any material qualification 
by an accountant or actuary contained in an opinion submitted 
pursuant to section 162(a)(3)(A) or section 162(a)(4)(B). 
(B) If the Mayor or the Council rejects a filing of a report under 
subparagraph (A), and if a revised filing satisfactory to the Mayor or 
the Council is not submitted within forty-five days after the determi-
nation under subparagraph (A) to reject the filing is made, and if the 
Mayor or the Council considers it in the best interest of the partici-
pants, then the Mayor or the Council may take any one or more of the 
following actions: 
(i) Retain an independent qualified public accountant on 
behalf of the participants to perform an audit. 
(ii) Retain an enrolled actuary on behalf of the participants to 
prepare an actuarial statement. 
(iii) Bring a civil action for such legal or equitable relief as may 
be appropriate to enforce the provisions of this title. 
The Board shall permit any accountant or actuary so retained to 
inspect whatever books and records of the Fund are necessary for 
such audit. 
(3)(A) Either House of Congress may reject any filing under this 
section within thirty days of such filing by adopting a resolution 
stating that such House has determined— 
(i) that such filing is incomplete for purposes of this part; or 
93 STAT. 892 
PUBLIC LAW 96-122-NOV. 17, 1979 
(ii) that there is any material qualification by an accountant or 
actuary contained in an opinion submitted pursuant to section 
162(a)(3)(A) or section 162(a)(4)(B). 
(B) If either House of Congress rejects a report under subparagraph 
(A) and if either a revised filing is not submitted within forty-five 
days after adoption of the resolution under subparagraph (A) reject-
ing the initial filing or such revised filing is rejected by either House 
of Congress by adoption of a resolution within thirty days after 
submission of the revised filing, then either House of Congress may, if 
it deems it in the best interests of the participants, take any one or 
more of the following actions: 
(i) Retain an independent qualified public accountant on 
behalf of the participants to perform an audit. 
(ii) Retain an enrolled actuary on behalf of the participants to 
prepare an actuarial statement. 
The Board and the Mayor shall permit any accountant or actuary so 
retained to inspect whatever books and records of the Fund and the 
retirement program are necessary for performing such audit or 
preparing such statement. 
(C) If a revised filing is rejected under subparagraph (B) or if a filing 
required under this title is not made by the date specified, no funds 
appropriated for the Fund with respect to which such filing was 
required as part of the Federal payment may be paid to the Fund 
until such time as an acceptable filing is made. For purposes of this 
subparagraph, a filing is unacceptable if, within thirty days of its 
submission, either House of Congress adopts a resolution disapprov-
ing such filing. 
(b) Publication of the summary retirement program descriptions 
and annual reports shall be made to participants and beneficiaries as 
follows: 
(1) The Board shall furnish to each participant, and to each 
beneficiary receiving benefits under the retirement program, a 
copy of the summary retirement program description and all 
modifications and changes referred to in section 163(a) within 
ninety days after he becomes a participant or in the case of a 
beneficiary, within ninety days after he first receives benefits. 
The Board shall furnish to each participant, and to each benefici-
ary receiving benefits under the retirement program, every fifth 
year an updated summary retirement program description de-
scribed in section 163 which integrates all retirement program 
amendments made within such five-year period, except that in a 
case where no amendments have been made to a retirement 
program during such five-year period this sentence shall not 
apply. Notwithstanding the foregoing sentence, the Board shall 
furnish to each participant, and to each beneficiary receiving 
benefits under the retirement program, the summary retirement 
program description described in section 163 every tenth year. If 
there is a modification or change described in section 163(a), a 
summary description of such modification or change shall be 
furnished to each participant and to each beneficiary who is 
receiving benefits under the retirement program not later than 
two hundred and ten days after the end of the fiscal year in 
which the change is adopted. 
(2) The Board shall make copies of the latest annual report and 
of any bargaining agreement, trust agreement, contract, or other 
instruments under which the retirement program or the Fund is 
operated available for examination by any participant or benefi-
ciary in the principal office of the Board and in such other places 
as may be necessary to make available all pertinent information 
PUBLIC LAW 96-122—NOV. 17, 1979 
93 STAT. 893 
to all participants (including such places as the Council may by 
regulation prescribe). 
(3) Within two hundred and ten days after the close of the fiscal 
year, the Board shall furnish to each participant, and to each 
beneficiary receiving benefits under the retirement program, a 
copy of the statements and schedules described in subparagraphs 
(A) and (B) of section 162(b)(2) for such fiscal year and such other 
material as is necessary to fairly summarize the latest annual 
report. 
(4) The Board shall, upon written request of any participant or 
beneficiary, furnish a copy of the latest updated summary 
retirement program description, the latest annual report, and 
any bargaining agreement, trust agreement, contract, or other 
instruments under which the retirement program or Fund is 
operated. The Board may make a reasonable charge to cover the 
cost of furnishing such copies. The Council may by regulation 
prescribe the maximum amount that will constitute a reasonable 
charge under the preceding sentence. 
(c) The Council may by regulation require that the Board furnish to 
each participant and to each beneficiary receiving benefits under a 
u .-' ., 
retirement program a statement of the rights of participants and 
beneficiaries under this title. 
REPORTING OF PARTICIPANTS' BENEFIT RIGHTS 
SEC. 165. (a) The Board shall furnish to any participant or benefici-
ary who so requests in writing, a statement indicating, on the basis of 
the latest available information— 
(1) the total benefits accrued, and 
(2) the nonforfeitable retirement benefits, if any, which have 
accrued, or the earliest date on which benefits will become 
nonforfeitable. 
(b) A participant or beneficiary is not entitled to receive more than 
one report under subsection (a) during any twelve-month period. 
PUBUC INFORMATION 
SEC. 166. (a) Except as provided in subsection (b), the contents of the 
descriptions, annual reports, statements, and other documents filed 
with the Mayor, the Council, the Speaker, and the President pro 
tempore pursuant to this part shall be public information, and the 
Mayor, the Council, the Speaker, and the President pro tempore shall 
each make such documents available for inspection in an appropriate 
location. The Mayor, the Council, the Speaker, and the President pro 
tempore may use the information and data in such documents for 
statistical and research purposes and may compile and publish such 
studies, analyses, reports, and surveys based thereon as may be 
considered appropriate. 
(b) Information described in section 165(a) with respect to a partici- information 
pant or beneficiary of a retirement program may be disclosed only to disclosure. 
the extent that information respecting that participant's or beneficia-
ry's benefits under title II of the Social Security Act may be disclosed 42 USC 401. 
under such Act. 
(c) Except to the extent that information which is protected from 
public disclosure under subsection (b), or which relates to personnel 
matters the disclosure of which would constitute a clearly unwar-
ranted invasion of personal privacy, is involved, all meetings of the 
Board shall be open to the public. 
93 STAT. 894 
PUBLIC LAW 96-122—NOV. 17, 1979 
RETENTION OF RECORDS 
SEC. 167. The Board shall maintain records on the matters required 
to be disclosed by this title which will provide in sufficient detail the 
necessary basic information and data from which the required 
documents may be verified, explained, or clarified, and checked for 
accuracy and completeness, shall include vouchers, worksheets, re-
ceipts, and applicable resolutions in such records, and shall keep such 
records available for examination for a period of not less than six 
years after the filing date of the documents based on the information 
which they contain. Except to the extent that information is involved 
which is protected from public disclosure under section 166(b), all 
such records shall be available for inspection by the public. 
ADDITIONAL INFORMATION 
SEC. 168. (a) In addition to the information specifically required to 
be furnished by this part, the Board shall furnish promptly such 
additional information as the Mayor, the Council, the Speaker, or the 
President pro tempore may request. 
Regulations. 
(b) The Board shall, at regular intervals to be determined by the 
Board, compile and publish all regulations then in effect which were 
issued by the Board or the Council under this title. 
CRIMINAL PENALTIES 
SEC. 169. Whoever willfully violates any provision of this part 
(other than sections 165 and 168), or any regulation or order issued 
under any such provision, shall be fined not more than $5,000 or 
imprisoned not more than one year, or both, except that in the case of 
such a violation by a person not an individual, such person shall be 
fined not more than $100,000. 
PART E—FIDUCIARY RESPONSIBILITY; CIVIL SANCTIONS 
FIDUCIARY RESPONSIBILITIES 
SEC. 181. (a)(1) The Board and each member of the Board shall 
discharge responsibilities with respect to a Fund as a fiduciary with 
respect to such Fund. The Board may designate one or more other 
persons who exercise responsibilities with respect to a Fund to 
exercise such responsibilities as a fiduciary with respect to such 
Fund. The Board shall retain such fiduciary responsibility for the 
exercise of careful, skillful, prudent, and diligent oversight of any 
person so designated as would be exercised by a prudent individual 
acting in a like capacity and familiar with such matters under like 
circumstances. 
(2) A fiduciary shall discharge his duties with respect to a Fund 
solely in the interest of the participants and beneficiaries and— 
(A) for the exclusive purpose of providing benefits to partici-
pants and their beneficiaries; 
(B) with the care, skill, prudence, and diligence under the 
circumstances then prevailing that a prudent individual acting 
in a like capacity and familiar with such matters would use in 
the conduct of an enterprise of a like character and with like 
aims; 
(C) by diversifying the investments of the Fund so as to 
minimize the risk of large losses, unless under the circumstances 
it is clearly prudent not to do so; and 
PUBLIC LAW 96-122—NOV. 17, 1979 
93 STAT. 895 
(D) in accordance with the provisions of law, documents, and 
instruments governing the retirement program to the extent 
that such documents and instruments are consistent with the 
provisions of this title. 
(b) In addition to any liability which he may have under any other 
provision of this part, a fiduciary with respect to a Fund shall be 
liable for a breach of fiduciary responsibility of another fiduciary 
with respect to the same Fund— 
(1) if he knowingly participates in, or knowingly undertakes to 
conceal, an act or omission of such other fiduciary, knowing such 
act or omission is a breach of fiduciary responsibility; 
(2) if, by his failure to comply with subsection (a)(2) in the 
administration of his specific responsibilities which give rise to 
his status as a fiduciary, he has enabled such other fiduciary to 
commit a breach of fiduciary responsibility; or 
(3) if he has knowledge of a breach of fiduciary responsibility 
by such other fiduciary, unless he makes reasonable efforts 
under the circumstances to remedy the breach. 
(c) Except as provided in subsection (0, a fiduciary with respect to a Prohibitions 
Fund shall not cause the Fund to engage in a transaction, if he knows 
or should know that such transaction constitutes a direct or 
indirect— 
(1) sale or exchange, or leasing, of any property between the 
Fund and a party in interest; 
(2) lending of money or other extension of credit between the 
Fund and a party in interest; 
(3) furnishing of goods, services, or facilities between the Fund 
and a party in interest; or 
(4) transfer to, or use by or for the benefit of, a party in interest, 
of any assets of the Fund. 
(d) A fiduciary with respect to a Fund shall not— 
(1) deal with the assets of the Fund in his own interest or for his 
own account; 
(2) in his individual or in any other capacity act in any 
transaction involving the Fund on behalf of a party (or represent 
a party) whose interests are adverse to the interests of the Fund 
or the interests of its participants or beneficiaries; or 
(3) receive any consideration for his own personal account from 
any party dealing with such Fund in connection with a transac-
tion involving the assets of the Fund. 
(e) A transfer of real or personal property by a party in interest to a 
Fund shall be treated as a sale or exchange if the property is subject 
to a mortgage or similar lien which the Fund assumes or if it is 
subject to a mortgage or similar lien which a party in interest placed 
on the property within the ten-year period ending on the date of the 
transfer. 
(f) The prohibitions provided in subsection (c) shall not apply to any 
of the following transactions: 
(1) Contracting or making reasonable arrangements with a 
party in interest for office space, or legal, accounting, or other 
services necessary for the establishment or operation of the 
Fund, if no more than reasonable compensation is paid therefor. 
(2) The investment of all or part of a Fund's assets in deposits 
which bear a reasonable interest rate in a bank or similar 
financial institution supervised by the United States or a State, if 
such bank or other institution is a fiduciary of such Fund and if 
such investment is expressly authorized by regulations of the 
Board or by a fiduciary (other than such bank or institution or 
Real or personal 
property, 
transfer. 
Prohibitions, 
nonapplicability. 
93 STAT. 896 
PUBLIC LAW 96-122—NOV. 17, 1979 
affiliate thereof) who is expressly empowered by the Board to 
make such investment. 
(3) The providing of any ancillary service by a bank or similar 
financial institution supervised by the United States or a State if 
such bank or other institution is a fiduciary of such Fund and i
f
— 
(A) such bank or similar financial institution has adopted 
adequate internal safeguards which assure that the provid-
ing of such ancillary service is consistent with sound bank-
ing and financial practice, as determined by Federal or State 
supervisory authority, and 
(B) the extent to which such ancillary service is provided is 
subject to specific guidelines issued by such bank or similar 
financial institution (as determined by the Mayor after 
consultation with Federal and State supervisory authority), 
and adherence to such guidelines would reasonably preclude 
such bank or similar financial institution from providing 
such ancillary service (i) in an excessive or unreasonable 
manner, and (ii) in a manner that would be inconsistent with 
the best interests of participants and beneficiaries of the 
retirement program. 
Such ancillary services shall not be provided at more than 
reasonable compensation. 
(4) The exercise of a privilege to convert securities, to the 
extent provided in regulations of the Council, but only if the 
Fund receives no less than adequate consideration pursuant to 
such conversion. 
(5) Any transaction between a Fund and a common or collec-
tive trust fund or pooled investment fund maintained by a party 
in interest which is a bank or trust company supervised by a 
State or Federal agency, or a pooled investment fund of an 
insurance company qualified to do business in a State, i
f
— 
(A) the transaction is a sale or purchase of an interest in 
the Fund; 
(B) the bank, trust company, or insurance company re-
ceives not more than reasonable compensation; and 
(C) such transaction is expressly permitted by the Board, 
or by a fiduciary (other than the bank, trust company, 
insurance company, or an affiliate thereof) who has authority 
to manage and control the assets of the Fund. 
(g) Nothing in subsection (c) shall be construed to prohibit any 
fiduciary from— 
(1) receiving any benefit to which he may be entitled as a 
participant or beneficiary in the retirement program, so long as 
the benefit is computed and paid on a basis which is consistent 
with the terms of the retirement program as applied to all other 
participants and beneficiaries; 
(2) receiving any reasonable compensation for services ren-
dered, or for the reimbursement of expenses properly and actually 
incurred, in the performance of his duties with respect to the 
Fund; or 
(3) serving as a fiduciary in addition to being an officer, 
employee, agent, or other representative of a party in interest. 
LIABILITY FOR BREACH OF FIDUCIARY DUTY 
SEC. 182. (a) Any person who is a fiduciary with respect to a Fund 
who breaches any of the responsibilities, obligations, or duties im-
posed upon fiduciaries by this title shall be personally liable to make 
good to such Fund any losses to the Fund resulting from each such 
PUBLIC LAW 96-122—NOV. 17, 1979 
93 STAT. 897 
breach and to restore to such Fund any profits of such fiduciary 
which have been made through the use of assets of the Fund by the 
fiduciary and shall be subject to such other equitable or remedial 
relief as the court may deem appropriate, including removal of such 
fiduciary. 
(b) No fiduciary shall be liable with respect to a breach of fiduciary 
duty under this title if such breach was committed before he became a 
fiduciary or after he ceased to be a fiduciary. 
EXCULPATORY PROVISIONS; INSURANCE 
SEC. 183. (a) Any provision in an agreement or instrument which 
purports to relieve a fiduciary from responsibility or liability for any 
responsibility, obligation, or duty under this part shall be void as 
against public policy. 
(b) Nothing in this subpart shall preclude— 
(1) the Board from purchasing insurance for its fiduciaries or 
for itself to cover liability or losses occurring by reason of the act 
or omission of a fiduciary, if such insurance permits recourse by 
the insurer against the fiduciary in the case of a breach of a 
fiduciary obligation by such fiduciary; 
(2) a fiduciary from purchasing insurance to cover liability 
under this part from and for his own account; or 
(3) an employee organization from purchasing insurance to 
cover potential liability of one or more persons who serve in a 
fiduciary capacity with regard to the Fund from which the 
annuities and other retirement and disability benefits of the 
members of such employee organization are paid. 
PROHIBITION AGAINST CERTAIN PERSONS HOLDING CERTAIN POSITIONS 
SEC. 184. (a) No person who has been convicted of, or has been 
imprisoned as a result of his conviction of, robbery, bribery, extortion, 
embezzlement, fraud, grand larceny, burglary, arson, a felony viola-
tion of Federal or State law involving substances defined in section 
102(6) of the Comprehensive Drug Abuse Prevention and Control Act 
of 1970, murder, rape, kidnapping, perjury, assault with intent to kill, 21 USC 802. 
any crime described in section 9(a)(1) of the Investment Company Act 
of 1940 (15 U.S.C. 80a-9(a)(l)), a violation of any provision of this Act, 
a violation of section 302 of the Labor-Management Relations Act, 
1947 (29 U.S.C. 186), a violation of chapter 63 of title 18, United States 
Code, a violation of section 874,1027,1503,1505,1506,1510,1951, or 18 use 1341 et 
1954 of title 18, United States Code, a violation of the Labor- «^9-
Management Reporting and Disclosure Act of 1959 (29 U.S.C. 401), or 29 use 401 note, 
conspiracy to commit any such crime or attempt to commit any such 
crime, or a crime in which any of the foregoing crimes is an element, 
shall serve or be permitted to serve— 
(1) as a fiduciary, investment counsel, agent, or employee of 
any Fund established by this title; or 
(2) £is a consultant to any Fund established by this title; 
during or for five years after such conviction or after the end of such 
imprisonment, whichever is the later, unless prior to the end of such 
^. 
five-year period, in the case of a person so convicted or imprisoned, 
his citizenship rights, having been revoked as a result of such 
conviction, have been fully restored, or the Board of Parole of the 
United States Department of Justice determines that such person's 
service in any capacity referred to in paragraph (1) or (2) would not be 
contrary to the purposes of this title. Prior to making any such 
determination the Board of Parole shall hold an administrative 
59-194 O — 81 
59 : QL3 
93 STAT. 898 
PUBLIC LAW 96-122-NOV. 17, 1979 
Definitions. 
"Fund official. 
Waiver. 
hearing and shall give notice of such proceeding by certified mail to 
the State, county, and Federal prosecuting officials in the jurisdiction 
or jurisdictions in which such person was convicted. The Board of 
Parole's determination in any such proceeding shall be final. No 
person shall knowingly permit any other person to serve in any 
capacity referred to in paragraph (1) or (2) in violation of this 
subsection. Notwithstanding the preceding provisions of this subsec-
tion, no corporation or partnership will be precluded from acting as 
an administrator, fiduciary, officer, trustee, custodian, counsel, 
agent, or employee, of any Fund established by this title, or as a 
consultant to any Fund established by this title, without a notice, 
hearing, and determination by such Board of Parole that such service 
would be inconsistent with the intention of this section. 
(b) Whoever willfully violates this section shall be fined not more 
than $10,000 or imprisoned for not more than one year, or both. 
(c) For the purposes of this section: 
(1) A person shall be deemed to have been "convicted" and to 
be under the disability of "conviction" from the date of entry of 
the judgment of the trial court or the date of the final sustaining 
of such judgment on appeal, whichever is the later event. 
(2) The term "consultant" means any person who, for compen-
sation, advises or represents a Fund or who provides other 
assistance to such Fund concerning the operation of such Fund. 
(3) A period of parole shall not be considered as part of a period 
of imprisonment. 
BONDING 
SEC. 185. (a)(1) Each fiduciary of a Fund established by this title and 
each person who handles funds or other property of such a Fund 
(hereinafter in this section referred to as "Fund official") shall be 
bonded as provided in this section, except that no bond shall be 
required of a fiduciary (or of any director, officer, or employee of such 
fiduciary) if such fiduciary— 
(A) is a corporation organized and doing business under the 
laws of the United States or of any State; 
(B) is authorized under such laws to exercise trust powers or to 
conduct an insurance business; 
(C) is subject to supervision or examination by Federal or State 
authority; and 
(D) has at all times a combined capital and surplus in excess of 
such a minimum amount as may be established by regulations 
issued by the Council, which amount shall be at least $1,000,000. 
Subparagraph (D) shall apply to a bank or other financial institution 
which is authorized to exercise trust powers and the deposits of which 
are not insured by the Federal Deposit Insurance Corporation only if 
such bank or institution meets bonding or similar requirements 
under State law which the Council determines are at least equivalent 
to those imposed on banks by Federal law. 
(2)(A) The amount of such bond shall be the lesser of 10 percent of 
the amount of the funds handled by such fiduciary and $500,000, 
except that the amount of such bond shall be at least $1,000. 
(B) The Mayor, after notice and opportunity for hearing to such 
fiduciary and all other parties in interest to such Fund, may waive 
the $500,000 limit. 
(C) The amount of such bond shall be set at the beginning of each 
fiscal year. 
(3) For purposes of fixing the amount of such bond, the amount of 
funds handled shall be determined by the funds handled by the 
PUBLIC LAW 96-122—NOV. 17, 1979 
93 STAT. 899 
person, group, or class to be covered by such bond and by the 
predecessor or predecessors, if any, during the preceding reporting 
year, or if the Fund has no preceding reporting year under this title, 
the amount of funds to be handled during the current reporting year 
by such person, group, or class, estimated as provided in regulations 
to be prescribed by the Council. 
(4) Such bond shall provide protection to the Fund against loss by 
reason of acts of fraud or dishonesty on the part of the Fund official, 
directly or through connivance with others. 
(5) Any bond shall have as surety thereon a corporate surety 
company which is an acceptable surety on Federal bonds under 
authority granted by the Secretary of the Treasury pursuant to 
sections 6 through 13 of title 6, United States Code. Any bond shall be 
in a form or of a type approved by the Council, including individual 
bonds or schedule or blanket forms of bonds which cover a group or 
class. 
(b) It shall be unlawful for any Fund official to receive, handle, 
disburse, or otherwise exercise custody or control of any of the funds 
or other property of any Fund without being bonded as required by 
subsection (a), and it shall be unlawful for any Fund official or any 
other person having authority to direct the performance of such 
functions to permit such functions, or any of them, to be performed by 
any Fund official with respect to whom the requirements of subsec-
tion (a) have not been met. 
(c) It shall be unlawful for any person to procure any bond required 
by subsection (a) from any surety or other company or through any 
agent or broker in whose business operations the Fund or any party 
in interest in the Fund has any control or significant financial 
interest, direct or indirect. 
(d) Nothing in any other provision of law shall require any person 
required to be bonded as provided in subsection (a) because he 
handles funds or other property of a Fund to be bonded insofar as the 
handling by such person of the funds or other property of such Fund 
is concerned. 
(e) The Council shall prescribe such regulations as may be neces-
sary to carry out the provisions of this section. 
UMITATION ON ACTIONS 
SEC. 186. (a) No action may be commenced under this title with 
respect to a fiduciary's breach of any responsibility, duty, or obliga-
tion under this part, or with respect to a violation of this part, after 
the earlier of— 
(1) six years after (A) the date of the last action which 
constituted a part of the breach or violation, or (B) in the case of 
an omission, the latest date on which the fiduciary could have 
cured the breach or violation; or 
(2) three years after the earliest date (A) on which the plaintiff 
had actual knowledge of the breach or violation, or (B) on which a 
report from which he could reasonably be expected to have 
! 
obtained knowledge of such breach or violation was filed with the 
Mayor, the Council, the Speaker, or the President pro tempore 
under this title; 
except that in the case of fraud or concealment, such an action may 
be commenced not later than six years after the date of discovery of 
such breach or violation. 
93 STAT. 900 
PUBLIC LAW 96-122—NOV. 17, 1979 
CIVIL ENFORCEMENT 
SEC. 187. (a) A civil action may be brought— 
(1) by a participant or beneficiary— 
(A) for the relief provided for in subsection (b) of this 
section, or 
(B) to recover benefits due to him under the terms of his 
retirement program, to enforce his rights under the terms of 
the retirement program, or to clarify his rights to future 
benefits under the terms of the retirement program; 
(2) by a participant or beneficiary or the District of Columbia 
for appropriate relief under section 182; or 
(3) by a participant or beneficiary or the District of Columbia 
(A) to enjoin any act or practice which violates any provision of 
this title or the terms of a retirement program, or (B) to obtain 
other appropriate equitable relief (i) to redress any such viola-
tion, or (ii) to enforce any provision of this title or the terms of a 
retirement program. 
Penalty. 
(b) If the Board fails or refuses to comply with a request for any 
information which the Board is required by this title to furnish to a 
participant or beneficiary (unless such failure or refusal results from 
matters reasonably beyond the control of the Board) by mailing the 
information requested to the last known address of the requesting 
participant or beneficiary within thirty days after such request, then 
the Board may, in the court's discretion, be liable to such participant 
or beneficiary in an amount of up to $100 a day from the date of such 
failure or refusal, and the court may order the Board to provide the 
required information and may in its discretion order such other relief 
as it considers proper. 
(c) The Board may sue and be sued under this title as an entity. 
Service of summons, subpena, or other legal process of a court upon 
the chairman of the Board in his capacity as such shall constitute 
service upon the Board. 
(d) In any action under this title by a participant, beneficiary, or 
fiduciary, the court in its discretion may allow a reasonable attor-
ney's fee and costs of action to either party. 
CLAIMS PROCEDURE 
SEC. 188. In accordance with regulations of the Council, the Mayor 
shall provide to any participant or beneficiary who has a claim for 
benefits under a retirement program denied— 
(1) adequate written notice of such denial, setting forth the 
specific reasons for such denial in a manner calculated to be 
understood by such participant or beneficiary; and 
(2) a reasonable opportunity for a full and fair review of the 
decision denying such claim. 
TITLE II—CHANGES IN RETIREMENT BENEFITS 
PART A—POLICE OFFICERS AND FIRE FIGHTERS' RETIREMENT 
BENEFITS 
SALARY BASE PERIOD FOR COMPUTATION OF ANNUITY 
SEC. 201. Paragraph (17) of subsection (a) of the Policemen and 
Firemen's Retirement and Disability Act (D.C. Code, sec. 4-521(17)) is 
amended— 
PUBLIC LAW 96-122—NOV. 17, 1979 
93 STAT. 901 
(1) by striking out "twelve consecutive months of police or fire 
service," and inserting in lieu thereof "thirty-six consecutive 
months of police or fire service in the case of a member who is an 
officer or member of the Metropolitan Police force or the Fire 
Department of the District of Columbia and who first becomes 
such a member after the end of the ninety-day period beginning 
on the date of the enactment of the District of Columbia Retire-
ment Reform Act, or over any twelve consecutive months of Ante, p. 866. 
police or fire service in the case of any other member,"; and 
(2) by inserting "or thirty-six consecutive months, as the case 
may be," immediately after "twelve consecutive months" the 
second place it appears. 
CREDITABLE SERVICE FOR FULL-TIME OFFICIALS OF EMPLOYEE 
ORGANIZATIONS 
SEC. 202. (a) Subsection (c) of the Policemen and Firemen's Retire-
ment and Disability Act (D.C. Code, sec. 4-523) is amended by 
redesignating paragraphs (6) and (7) of such subsection as paragraphs 
, :,. 
(7) and (8), respectively, and by inserting after paragraph (5) the 
following new paragraph: 
"(6)(A) Any period of time during which a member who is an officer 
or member of the Metropolitan Police force or the Fire Department of 
the District of Columbia is on approved leave without pay to serve as 
a full-time officer or employee of a labor organization shall be 
considered to be police or fire service for purposes of this section if 
such member files an election in accordance with subparagraph (B) 
and makes payments as described in subparagraph (C). The basic 
salary in effect at any time for the grade in which a member was 
serving at the time he entered on approved leave described in the 
preceding sentence shall be considered to be the basic salary in effect 
for such member for purposes of this section if the period of time 
when such member is on approved leave is considered to be police or 
fire service under this paragraph. 
"(B) To be eligible to have any period of approved leave described in 
subparagraph (A) considered to be police or fire service for purposes 
of this section, a member described in such subparagraph must, not 
later than the end of the sixty-day period commencing on the day 
such member enters on such approved leave or the effective date of 
this paragraph, whichever occurs later, file an election with the 
Mayor to have such period of approved leave considered to be police 
or fire service for purposes of this section. 
"(C)(i) To have any period of approved leave described in subpara-
graph (A) occurring after the effective date of this section considered 
to be police or fire service, a member described in such subparagraph 
must each month deposit with the Custodian of Retirement Funds (as 
defined in section 102(c) of the District of Columbia Retirement 
Reform Act) for deposit in the District of Columbia Police Officers Ante, p. 868. 
and Fire Fighters' Retirement Fund established by section 122(a) of 
such Act a sum equal to one-twelfth the annual new-entrant normal Ante, p. 872. 
cost of the annuity of a member receiving the basic salary in effect 
during such month for the grade in which such member was serving 
at the time such member entered on such leave. 
"(ii) To have any period of approved leave described in subpara-
graph (A) which occurred before the effective date of this section 
considered to be police or fire service, a member described in such 
subparagraph must deposit with the Custodian of Retirement Funds 
(as defined in section 102(c) of the District of Columbia Retirement 
Reform Act) for deposit in the District of Columbia Police Officers 
93 STAT. 902 
PUBLIC LAW 96-122—NOV. 17, 1979 
Effective date. 
and Fire Fighters' Retirement Fund established by section 122(a) of 
Ante, p. 872. 
such Act, in a manner to be determined by the Mayor, a sum equal to 
the new-entrant normal cost of the annuity of a member receiving the 
basic salary in effect during the period of such leave for the grade in 
which such member was serving at the time such member entered on 
such leave. 
"(iii) The Mayor shall make an annual determination of the new-
entrant normal cost for purposes of clauses (i) and (ii) according to 
information supplied by the actuary retained pursuant to section 142 
Ante, p. 877. 
of the District of Columbia Retirement Reform Act. 
"Employee 
"(D) For purposes of this paragraph, the term 'employee organiza-
organization." 
t;ion' means any organization of any kind, or any agency or employer 
representation committee or plan, in which members or officers of 
the Metropolitan Police force or the Fire Department of the District 
of Columbia participate and which exists for the purpose, in whole or 
in part, of dealing with the government of the District of Columbia 
concerning grievances, labor disputes, wages, rates of pay, hours of 
employment, or conditions of work.". 
(b) The amendment made by subsection (a) shall take effect at the 
end of the ninety-day period beginning on the date of the enactment 
of this Act. 
REQUIREMENTS FOR OPTIONAL RETIREMENT 
SEC. 203. (a) Subsection (h)(1) of the Policemen and Firemen's 
Retirement and Disability Act (D.C. Code, sec. 4-528(1)) is amended— 
(1) by striking out "who completes twenty years of police or fire 
service" and inserting in lieu thereof "who is an officer or 
member of the Metropolitan Police force or the Fire Department 
of the District of Columbia and first becomes such a member 
after the end of the ninety-day period beginning on the date of 
the enactment of the District of Columbia Retirement Reform 
Ante, p. 866. 
Act and who completes twenty-five years of police or fire service 
and attains the age of fifty years and any other member (other 
than a member who is an officer or member of the Metropolitan 
Police force or the Fire Department of the District of Columbia 
who first becomes such a member after the end of such ninety-
day period) who completes twenty years of police or fire service"; 
and 
(2) by striking out "twenty years: Provided" and inserting in 
lieu thereof "(A) twenty-five years, in the case of a member who 
becomes a member after the end of such ninety-day period, or (B) 
twenty years, in the case of any other member: Provided". 
(b)(1) Paragraph (2) of subsection (h) of the Policemen and Fire-
men's Retirement and Disability Act (D.C. Code, sec. 4-528) is 
amended by striking out "in subsection (h)," and inserting in lieu 
thereof "under". 
(2) Paragraph (3) of such subsection is amended by striking out "of 
this subsection (h)". 
DISABILITY RETIREMENT 
SEC. 204. (a) Subsection (g) of the Policemen and Firemen's Retire-
ment and Disability Act (D.C. Code, sec. 4-527) is amended— 
(1) in paragraph (2), by striking out "In any case in which the 
proximate cause of an injury incurred or disease contracted by a 
member" and inserting in lieu thereof "In any case involving a 
member who is an officer or member of the United States Park 
Police force, the Executive Protective Service, or the United 
PUBLIC LAW 96-122—NOV. 17, 1979 
93 STAT. 903 
States Secret Service Division, in which the proximate cause of 
an injury incurred or disease contracted by the member"; and 
(2) by adding at the end thereof the following new paragraph: 
"(4) A member who is an officer or member of the Metropolitan Reporting of 
Police force or the Fire Department of the District of Columbia may injury. 
not retire and receive an annuity under this subsection on the basis of 
the aggravation in the performance of duty of an injury incurred or a 
disease contracted in the performance of duty unless— 
"(A) in the case of the aggravation of a disease, the disease was 
reported to the Board of Police and Fire Surgeons within thirty 
davs after the disease was first diagnosed; or 
(B) in the case of the aggravation of an injury, the injury was 
reported to the Board of Police and Fire Surgeons within seven 
days after the injury was incurred or, if the member was unable 
(as determined by such Board) as a result of the injury to report 
the injury within such seven-day period, within seven days after 
the member became able (as determined by such Board) to report 
the injury. 
The burden of establishing inability to report an injury in accordance 
with subparagraph (B) within seven days after such injury was 
incurred and of estalblishing that such injury w£is reported within 
seven days after the end of such inability shall be on the member 
claiming such inability. Any report under this paragraph shall 
include adequate medical documentation. Nothing in this paragraph 
shall be deemed to alter or affect any administrative regulation or 
requirement of the Metropolitan Police force or the Fire Department 
of the District of Columbia with respect to the reporting of an injury 
incurred or aggravated, or any disease contracted or aggravated, in 
the performance of duty.". 
(b)(1) Subsection (f) of such Act (D.C. Code, sec. 4-526) is amended— 
(A) by striking out "Whenever" and inserting in lieu thereof 
"(1) Except as provided in paragraph (2), whenever"; and 
(B) by adding at the end thereof the following new paragraph: 
"(2) Whenever any member who is an officer or member of the 
Metropolitan Police force or the Fire Department of the District of 
Columbia and who first becomes such a member after the end of the 
ninety-day period beginning on the date of the enactment of the 
District of Columbia Retirement Reform Act completes five years of Ante, p. 866. 
police or fire service and is found by the Mayor to have become 
disabled due to injury received or disease contracted other than in the 
performance of duty, which disability precludes further service with 
his department, such member shall be retired on an annuity which 
shall be 70 per centum of his basic salary at the time of retirement 
multiplied by the percentage of disability for such member as 
determined in accordance with subsection (g)(5)(B)(ii) of this section, 
except that such annuity shall not be less than 30 per centum of his 
basic salary at the time of retirement.". 
(2) Subsection (g) of such Act, as amended by subsection (a) of this D.C. Code 4-527. 
section, is further amended— 
(A) in paragraph (1), by striking out "Whenever" and inserting 
in lieu thereof "Except as provided in paragraph (5), whenever"; 
and 
(B) by adding at the end thereof the following new paragraph: 
"(5)(A) Whenever any member who is an officer or member of the Annuity 
Metropolitan Police force or the Fire Department of the District of computation. 
Columbia and who first becomes such a member after the end of the 
ninety-day period beginning on the date of the enactment of the 
District of Columbia Retirement Reform Act is injured or contracts a 
disease in the performance of duty or such injury or disease is 
93 STAT. 904 
PUBLIC LAW 96-122—NOV. 17, 1979 
"Impairment." 
"Disability." 
D.C. Code 4-527. 
aggravated by such duty at any time after appointment and such 
injury or disease or aggravation permanently disables him for the 
performance of duty, he shall upon retirement for such disability, 
receive an annuity computed in accordance with subparagraph (B). 
"(BXi) In the case of any member who retires under this paragraph 
or paragraph (2) of subsection (0, the Board of Police and Fire 
Surgeons shall determine, within a reasonable time and in accord-
ance with regulations which the Mayor shall promulgate, the per-
centage of impairment for such member and shall report such 
percentage of impairment to the Police and Firemen's Retirement 
and Relief Board. 
"(ii) In the case of any member described in clause (i), the Police 
and Firemen's Retirement and Relief Board shall determine within a 
reasonable time the percentage of disability for such member giving 
due regard to— 
"(I) the nature of the injury or disease, 
"(II) the percentage of impairment reported pursuant to clause 
(i), 
"(III) the position in the Metropolitan Police force or the Fire 
Department of the District of Columbia held by the member 
immediately prior to his retirement, 
"(IV) the age and years of service of the member, and 
"(V) any other factors or circumstances which may affect the 
capacity of the member to earn wages or engage in gainful 
activity in his disabled condition, including the effect of the 
disability as it may naturally extend into the future, 
"(iii) The percentage of impairment or the percentage of disability 
for a member to whom this paragraph applies may be redetermined 
at any time prior to the time such member reaches the age of fifty and 
his annuity shall be adjusted accordingly. 
"(iv) The annuity of a member who is retired under this paragraph 
shall be 70 per centum of his basic salary at the time of retirement 
multiplied by the percentage of disability for such member as 
determined in accordance with clause (ii), except that such annuity 
shall not be less than 40 per centum of his basic salary at the time of 
retirement. 
"(v) For purposes of this paragraph— 
"(I) the term 'impairment' means any anatomic or functional 
abnormality or loss existing after maximal medical rehabilita-
tion has been achieved; and 
"(II) the term 'disability' means any actual or presumed 
reduction in or absence of ability to engage in gainful activity 
which is caused, in whole or in part, by an impairment.". 
(c) The amendment made by paragraph (1) of subsection (a) shall 
not apply with respect to officers and members of the Metropolitan 
Police force or the Fire Department of the District of Columbia who 
apply for disability retirement under subsection (g) of the Policemen 
and Firemen's Retirement and Disability Act prior to the end of the 
ninety-day period beginning on the date of the enactment of this Act. 
The amendment made by paragraph (2) of subsection (a) shall not 
apply with respect to injuries incurred or diseases first diagnosed 
prior to the end of such ninety-day period. 
RECOVERY FROM DISABILITY 
SEC. 205. (a)(1) Subsection (j)(l) of the Policemen and Firemen's 
Retirement and Disability Act (D.C. Code, sec. 4-530(1)) is amended in 
the first sentence by striking out "shall cease" and all that follows in 
such sentence and inserting in lieu thereof "shall cease— 
PUBLIC LAW 96-122—NOV. 17, 1979 
93 STAT. 905 
"(A) upon reemployment in the department from which he was 
retired, 
"(B) forty-five days from the date of the medical examination 
showing such recovery, 
"(C) forty-five days from the date of the determination that he 
is so restored, or 
"(D) in the case of an annuitant who was an officer or member 
of the Metropolitan Police force or the Fire Department of the 
District of Columbia and who first became such a member after 
the end of the ninety-day period beginning on the date of the 
enactment of the District of Columbia Retirement Reform Act, 
upon a refusal by such annuitant to accept an offer of reemploy-
ment in the department from which he was retired at the same 
grade or rank as he held at the time of his retirement, 
whichever is earliest.". 
(2)(A) Such subsection 0')(1) is amended in the second sentence by 
striking out "in each of two succeeding calendar years" and inserting 
in lieu thereof ", in each of two succeeding calendar years in the case 
of an annuitant who was an officer or member of the United States 
Park Police force. Executive Protection Service, or the United States 
Secret Service Division, or in any calendar year in the case of an 
annuitant who was an officer or member of the Metropolitan Police 
force or the Fire Department of the District of Columbia,". 
(B) Subsection 0) of such Act is further amended by adding at the 
end thereof the following new paragraph: 
"(3)(A) If any annuitant who is retired under subsection (f) or (g), 
who prior to such retirement was an officer or member of the 
Metropolitan Police force or the Fire Department of the District of 
Columbia, and who first became such a member after the end of the 
ninety-day period beginning on the date of the enactment of the 
District of Columbia Retirement Reform Act, receives, directly or 
indirectly, income from wages or self-employment, or both, in any 
calendar year after the calendar year in which he retired— 
"(i) in an amount in excess of the difference between 70 per 
centum of the current earnings limitation and the amount of 
annuity payable to such annuitant during such year under each 
such subsection prior to the reductions provided for in this 
paragraph, then (except as provided in subparagraph (D)) the 
annuity of such annuitant shall be reduced by 50 cents for each 
$1 of such income received during such year in excess of such 
difference; and 
"(ii) in an amount in excess of the difference between the 
current earnings limitation and the amount of annuity payable 
to such annuitant during such year under each such subsection 
prior to the reductions provided for in this paragraph, then 
(except as provided in subparagraph (D)) the annuity of such 
annuitant shall be further reduced by 20 cents for each $1 of such 
income received during such year in excess of such difference. 
"(B) For the purposes of subparagraph (A), the term 'current 
earnings limitation', with respect to an annuitant, means the greater 
of— 
"(i) the current annual salary for the position which such 
annuitant held immediately prior to the retirement of such 
annuitant; or 
"(ii) the current entry level salary for active officers and 
members, divided by .7. 
"(C) The reductions provided for in subparagraph (A) shall be made 
as follows: 
Ante, p. 866. 
D.C. Code 4-530. 
Annuity 
reduction, 
conditions. 
D.C. Code 4-526, 
4-527. 
"Current 
earnings 
limitation." 
93 STAT. 906 
PUBLIC LAW 96-122—NOV. 17, 1979 
Notarized 
income 
statement. 
D.C. C!ode 4-526, 
4-527. 
Penjilties. 
D.C. Code 4-531. 
D.C. Code 4-530. 
Medical 
examination 
requirement. 
Ante, p. 866. 
"(i) Such reductions shall be pro rated over a period of twelve 
consecutive months, with equal amounts withheld from each 
pavment of annuity during such twelve-month period. 
(ii) The twelve-month period during which such reduction is 
made shall begin as soon after the end of the calendar year 
involved as is administratively practicable (as determined in 
accordance with regulations which the Mayor of the District of 
Columbia shall promulgate). 
"(D) If the Mayor of the District of Columbia determines that the 
level of income of an annuitant whose annuity would otherwise be 
reduced in accordance with subparagraph (A) has decreased signifi-
cantly (other than in accordance with normal income fluctuations for 
such annuitant) during the period in which such reduction would 
occur, the Mayor may authorize the withholding during such period, 
or an}' portion thereof, of such lesser amount than the amount 
prescribed in such subparagraph as the Mayor considers appropriate 
or the Mayor may waive the requirements of subparagraph (A) if he 
finds that circumstances justify such waiver. 
"(E)(i) Any annuitant who is retired under subsection (f) or (g) and 
who prior to such retirement was an officer or member of the 
Metropolitan Police force or the Fire Department of the District of 
Columbia shall, at such times as the Mayor of the District of 
Columbia shall by regulation prescribe, submit to the Mayor a 
notarized statement containing such information as the Mayor shall 
by regulation require with respect to the income received by such 
annuitant from wages or self-employment, or both. After examining 
such statement, the Mayor may require such annuitant to submit to 
the Mayor a further notarized statement containing such additional 
information with respect to the income received by such annuitant 
from wages or self-employment, or both, as the Mayor deems 
appropriate. 
"(ii) Any annuitant described in clause (i) who willfully furnishes 
materially false information with respect to his income in any 
statement required to be submitted under such clause shall forfeit all 
rights to his disability annuity. Any such annuitant who refuses or 
otherwise willfully fails to timely submit such statement as required 
by this subsection, pajnnent of the annuity to such annuitant shall 
cease and such annuitant shall not be eligible to receive such annuity 
or part thereof for the period beginning on the date after the final day 
for timely filing of such statement and ending on the date on which 
the Mayor receives such statement. Nothing in this clause shall affect 
any rights to a survivor's annuity under subsection (k) based upon the 
service of such annuitant.". 
(b) Subsection (m)(2) of such Act (D.C. Code, sec. 4-533(2)) is 
amended— 
(1) by inserting "(A)" before "If a member"; 
(2) by striking out the last sentence of such subsection and 
adding after "is beised." the following: "The Commissioner shall 
not require employment questionnaires under subsection (j)(3)(C) 
or the medical examination of such member under subparagraph 
(B) after such member reaches the age of fifty."; and 
(3) by adding at the end of such subsection the following: 
"(B) The Mayor shall, by regulation, require any annuitant who 
was an officer or member of the Metropolitan Police force or the Fire 
Department of the District of Columbia and who retired before, on, or 
after the date of the enactment of the District of Columbia Retire-
ment Reform Act under subsection (f) or (g) of this section to undergo, 
during each twelve-month period following the effective date of this 
subparagraph, at least one medical examination of the disability 
PUBLIC LAW 96-122—NOV. 17, 1979 
93 STAT. 907 
upon which the annuitant's retirement under subsection (f) or (g) is D.C. Code 4-526, 
based. No such annuitant shall be required under such regulations to 4-527. 
undergo a medical examination during any such twelve-month period 
during which the annuitant was required to undergo a medical 
examination under this subsection in connection with such annu-
itant's employment. Such annual examination shall be carried out by 
the Board of Police and Fire Surgeons or by a physician designated by 
the Board. 
"(C) Such regulations shall further provide for notification by the 
Board of Police and Fire Surgeons to each such annuitant as to the 
time and place for such examination and the consequences of failure 
to appear and submit to such examination. 
"(D) In any case in which the requirement to undergo a medical Exception. 
examination under this section would impose on an annuitant an 
undue hardship because of the physical or mental condition of such 
annuitant, the Mayor, by regulation, shall provide other means 
sufficient to determine the continuance of the disability on which 
such annuitant's retirement under subsection (0 or (g) is based. 
"(E) Such regulations shall further provide that, in any case 
involving any such member so retired who refuses or otherwise fails 
to undergo any medical exam required by this section, payment of the 
annuity to such member shall cease and such member shall not be 
eligible to receive such annuity or any part thereof for any period 
commencing on the day next following the day on which such 
member was required to undergo such examination, and ending on 
the date on which such member undergoes such examination. Noth-
ing in this paragraph shall be construed as affecting any rights to a 
survivor's annuity under subsection (k) based upon the service of such D.C. Code 4-531. 
member.". 
(c) The amendments made by subsections (a) and (b) shall take Effective date. 
effect at the end of the ninety-day period beginning on the date of 
enactment of this Act. The amendment made by paragraph (2)(B) of 
subsection (a) shall apply with respect to income from wages or self-
employment, or both, received directly or indirectly during calendar 
year 1979 or the calendar year after the year in which the member 
retires, whichever is later, and any calendar year thereafter. 
SURVIVORS' ANNUITIES 
SEC. 206. (a)(1) Subsection (k) of the Policemen and Firemen's 
Retirement and Disability Act (D.C. Code, sec. 4-531) is amended— 
(A) in paragraph (2)— 
(i) by inserting "(A)" immediately after "40 per centum" 
the second place it appears, and 
(ii) by striking out "computed," and inserting in lieu 
thereof "computed in the case of a member who was an 
officer or member of the United States Park Police force, the 
Executive Protective Service, or the United States Secret 
"' 
Service Division, or (B) of the adjusted average pay of such 
former member in the case of a member who was an officer 
or member of the Metropolitan Police force or the Fire 
Department of the District of Columbia;"; and 
(B) by amending paragraph (3) to read as follows: 
"(3) Each surviving child or student-child of any member who dies 
before retirement, or of any former member who dies after retire-
ment, shall be entitled to receive an annuity equal to the smallest 
of^ 
"(A) in the case of a member or former member who is survived 
by a wife or husband— 
93 STAT. 908 
PUBLIC LAW 96-122—NOV. 17, 1979 
"(i) 60 per centum of— 
' 
* 
"(I) the member's average pay at the time of death, or 
"(II) the basis upon which the former member's annu-
ity at the time of death was computed in the case of a 
member who was an officer or member of the United 
States Park Police force, the Executive Protective Serv-
ice, or the United States Secret Service Division, or the 
adjusted average pay of the former member in the case 
of a member who was an officer or member of the 
MetropoUtan Police force or the Fire Department of the 
District of Columbia, 
divided by the number of eligible children; 
'^*« 
"(ii) $1,548; or 
"(iii) $4,644 divided by the number of eligible children; and 
"(B) in the case of a member or former member who is not 
survived by a wife or husband— 
"(i) 75 per centum of— 
"(I) the member's average pay at the time of death, or 
"(II) the basis upon which the former member's annu-
ity at the time of death was computed in the case of a 
member who was an officer or member of the United 
States Park Police force, the Executive Protective Serv-
ice, or the United States Secret Service Division, or the 
adjusted average pay of the former member in the case 
of a member who was an officer or member of the 
Metropolitan Police force or the Fire Department of the 
District of Columbia, 
divided by the number of eligible children; 
"(ii) $1,860; or 
"(iii) $5,580 divided by the number of eligible children.". 
(2) Subsection (a) of such Act (D.C. Code, sec. 4-521) is amended— 
(A) by striking out the period at the end of paragraph (4) of 
such subsection and inserting in lieu thereof the following: ", in 
the case of a member who was an officer or member of the United 
States Park Police force, the Executive Protective Service, or the 
United States Secret Service Division, or the surviving husband 
of a member or former member who was a member or officer of 
the Metropolitan Police force or the Fire Department of the 
District of Columbia if— 
"(A) he was married to such member or former member (i) 
while she was a member, or (ii) for at least one year 
immediately preceding her death, or 
"(B) he is the father of issue by such marriage."; and 
(B) by inserting the following new paragraph immediately 
after paragraph (17): 
"Adjusted 
"(18) The term 'adjusted average pay' means the average pay of a 
average pay. 
member who was an officer or member of the Metropolitan Police 
force or the Fire Department of the District of Columbia increased by 
the per centum increase (adjusted to the nearest one-tenth of 1 per 
centum in the Consumer Price Index for All Urban Consumers, 
published by the Bureau of Labor Statistics, between the month in 
which such member retires and the month immediately prior to the 
month in which such member dies.". 
Effective date. 
(b) The amendments made by subsection (a) shall apply with 
respect to survivor annuities under the Policemen and Firemen's 
D.C. Code 4-521 
Retirement and Disability Act for survivors of officers or members of 
°°**- 
the Metropolitan Police force or the Fire Department of the District 
of Columbia which commence on or after the first day of the first 
PUBLIC LAW 96-122—NOV. 17, 1979 
93 STAT. 909 
month which begins after the end of the ninety-day period beginning 
on the date of enactment of this Act. 
DEFERRED ANNUITIES 
SEC. 207. (a)(1) The Policemen and Firemen's Retirement and 
Disability Act is amended— 
(A) by redesignating subsections (1) through (r) as subsections 
(m) through (s), respectively; and 
(B) by inserting immediately after subsection (k) the following 
new subsection: 
D.C. Code 4-521 
note. 
D.C. Code 4-526, 
4-527, 4-528. 
DEFERRED ANNUITIES 
"(1)(1) Except as provided in paragraph (2), any member who is an 
officer or member of the Metropolitan Police force or the Fire 
Department of the District of Columbia who completes five years of 
police or fire service and who is thereafter separated from his 
department, except for retirement under subsection (f), (g), or (h), 
shall be entitled to an annuity commencing on the first day of the 
month during which such member attains the age of fifty-five or on 
the first day of the first month beginning after such member's 
separation from his department, whichever" 
month occurs later. Such 
annuity shall be computed at the rate of V-k per centum of his 
average pay for each year of service up to twenty years of service and 
at the rate of 3 per centum of his average pay for each year of service 
after twenty years of service, or, in the case of a member who first 
became such a member after the end of the ninety-day period 
beginning on the date of the enactment of the District of Columbia 
Retirement Reform Act, after twenty-five years of service, except Ante, p. 866 
that such annuity may not exceed 80 per centum of the average pay of 
such member. 
"(2)(A) Any member who is an officer or member of the Metropoli- Refund. 
tan Police force or the Fire Department of the District of Columbia 
who completes five years of police or fire service and who is thereafter 
separated from his department (other than a member who retires 
under subsection (f), (g), or (h)) may elect, at the time of his separa-
tion, to receive a refund of the amount of deductions made from his 
salary under this section. Receipt of such refund by the member shall 
void all annuity rights under this section. 
"(B)(i) Any member who, by electing to receive a refund under 
subparagraph (A), loses annuity rights under this section, may 
reestablish all such rights at any time prior to attaining the age of 
fifty-five by redepositing the amount of such refund plus interest 
computed in accordance with paragraph (3). 
"(ii) If any member who receives a refund under subparagraph (A) 
is subsequently reappointed to any department whose members come 
under this section and elects, at the time of such reappointment, to 
redeposit the amount refunded to him under subparagraph (A) plus 
interest computed in accordance with paragraph (3), then credit shall 
be allowed under this section for such member's prior period of 
service. Such redeposit (and the required interest thereon) may, at 
the election of the member, be made in a lump sum or in not to exceed 
60 monthly installments, except that if the member dies before 
depositing the full amount due under the preceding sentence, the 
requirements of such sentence shall be deemed to have been met. 
"(3) The interest which is required by paragraphs (2)(B) (i) and (ii) of interest 
this subsection and by paragraph (2)(B) of subsection (d) to be paid by 
Annuity rights, 
reinstatement. 
93 STAT. 910 
PUBLIC LAW 96-122—NOV. 17, 1979 
a member who redeposits the amount of previously refunded deduc-
tions shall be computed as follows: 
"(A) Interest shall be paid at a rate which (as determined by 
the Mayor of the District of Columbia) is equal to the average 
rate of return on investment (adjusted to the nearest one-eighth 
of 1 per centum) for the District of Columbia Police Officers and 
Fire Fighters' Retirement Fund (established by section 122 of the 
Ante, p. 872. 
District of Columbia Retirement Reform Act) for the period 
beginning on the first day of the first month which begins after 
the end of the service with respect to which the redeposit is made 
and ending on the last day of the month which precedes the 
month during which he redeposits the refund if he makes a lump 
sum payment or during which he makes the first monthly 
payment if he makes monthly pa3rments, except that for so much 
of any such period which precedes October 1, 1981, the average 
rate of interest on interest-bearing obligations of the United 
States forming a part of the public debt (adjusted to the nearest 
one-eighth of 1 per centum) shall be used in determining the 
interest rate to be paid on redeposits under this section. 
"(B) Interest shall be payable for the period beginning on the 
first day of the first month which begins after the end of the 
period of service with respect to which the redeposit is made and 
ending on the last day of the month which precedes the month 
during which he redeposits the refund. 
"(C) If a member elects to make his redeposit in monthly 
installments, each monthly payment shall include interest on 
that portion of the refund which is then being redeposited.". 
(2) Subsection (k) of such Act (D.C. Code, 4-531), as amended by 
section 206 of this Act, is further amended— 
(A) in paragraph (2)— 
(i) by striking out "or" the first place it appears, and 
(ii) by inserting "or of any member entitled to receive an 
annuity under subsection (1) (regardless of whether such 
member is receiving such annuity at the time of death)," 
immediately after "after retirement,"; 
(B) in paragraph (3)— 
(i) by striking out "or" the second place it appears, and 
(ii) by inserting "or of any member entitled to receive an 
annuity under subsection (1) (regardless of whether such 
member is receiving such annuity at the time of death)," 
immediately after "after retirement,"; and 
(C) in paragraph (6)— 
(i) by striking out ", may," in the first sentence and 
inserting in lieu thereof "may", 
(ii) by inserting ", and any member entitled to receive an 
annuity under subsection (1) of this section may at the time 
such annuity commences," immediately after "such retire-
ment," in the first sentence, 
(iii) by striking out "the retired annuitant's" in the first 
sentence and inserting in lieu thereof "such member's", 
(iv) by striking out "the retiring" in the proviso in the first 
sentence and inserting in lieu thereof "such", 
(v) by striking out "retiring" in the second and fourth 
sentences, 
(vi) by striking out "retirement" in the last sentence and 
inserting in lieu thereof "election", and 
(vii) by striking out "or (h)" in the last sentence and 
inserting in lieu thereof "(h), or (1), as the case may be". 
PUBLIC LAW 96-122—NOV. 17, 1979 
93 STAT. 911 
(b) The amendments made by subsection (a) shall take effect at the Effective date, 
end of the ninety-day period beginning on the date of the enactment 
of this Act. 
D.C. Code 4-526, 
4-527, 4-528. 
INTEREST ON REFUNDS AND ON DEPOSITS FOR PRIOR SERVICE CREDIT 
SEC. 208. (a)(1) Subsection (d) of the Policemen and Firemen's 
Retirement and Disability Act (D.C. Code, sec. 4-524) is amended— 
(A) in paragraph (2)— 
(i) by striking out "Any member coming under the provi-
sions of this section" and inserting in lieu thereof "(A) any 
member who is an officer or member of the United States 
Park Police force, the Executive Protective Service, or the 
United States Secret Service Division,"; and 
(ii) by adding at the end of such paragraph the following 
new subparagraph: 
"(B) Any member who is an officer or member of the Metropolitan 
Police force or the Fire Department of the District of Columbia with 
less than five years of police or fire service who is separated from his 
department, except for retirement under subsection (D, (g), or (h), 
shall be refunded the amount of the deductions made from his salary 
under this section. The receipt of payment of such deductions by such 
member shall void all annuity rights under this section, except that if 
such member is subsequently reappointed to any department whose 
members come under this section and such member elects, at the 
time of such reappointment, to redeposit the amount refunded to him 
pursuant to the preceding sentence plus interest computed in accord-
ance with subsection (1)(3), then credit shall be allowed under this Ante, p. 909. 
section for the prior period of service. Such redeposit (and the interest 
required thereon) may be made, at the election of the member, in a 
lump sum or in not to exceed 60 monthly installments, except that if 
such member dies before depositing the full amount due under the 
preceding sentence, the requirements of such sentence shall be 
deemed to have been met."; 
(B) in the proviso at the end of paragraph (3), by inserting 
immediately before the period ", except that if the member was 
an officer or member of the Metropolitan Police force or the Fire 
Department of the District of Columbia, no payment shall be 
made if no natural person is determined to be entitled thereto"; 
and 
(C) in paragraph (4)— 
(i) by striking out "after retirement", and 
(ii) in the proviso at the end of such paragraph by inserting 
", except that if the member was an officer or member of the 
> 
Metropolitan Police force or the Fire Department of the 
District of Columbia, no payment shall be made if no natural 
person is determined to be entitled thereto" immediately 
before the period. 
(2) Paragraph (5) of subsection (c) of such Act (D.C. Code, sec. 
4-523(5)) is amended to read as follows: 
"(5)(A) A member shall be allowed credit for government service 
performed prior to appointment in any of the departments mentioned 
in subsection (a)(1) of this section, if such member deposits a sum 
equal to the entire amount, including interest (if any), refunded to 
him for such period of government service. A member who is an 
officer or member of the Metropolitan Police force or the Fire 
Department of the District of Columbia shall deposit such sum, plus 
interest computed in accordance with subparagraph (B), with the 
Custodian of Retirement Funds (as defined in section 102(6) of the 
D.C. Code 4-521. 
93 STAT. 912 
PUBLIC LAW 96-122—NOV. 17, 1979 
Ante, p. 868. 
District of Columbia Retirement Reform Act) for deposit in the 
District of Columbia Police Officers and Fire Fighters' Retirement 
Ante, p. 872. 
Fund established by section 122(a) of such Act. All other members 
shall deposit such sums with the Mayor of the District of Columbia 
for credit to the revenues of the District of Columbia. If the member 
so elects, he may deposit the total amount of such refund in monthly 
installments not exceeding twenty-four, except that in the case of a 
member who is an officer or member of the United States Park Police 
force, the Executive Protective Service, or the United States Secret 
Service Division, such monthly installments shall be of equal 
amounts. No deposit shall be required for days of unused sick leave 
D.C. Code 4-528. credited under subsection (h) of this section. 
Interest 
"(B) Interest required on deposits under this paragraph for mem-
computation, 
bers who are officers or members of the Metropolitan Police force or 
the Fire Department of the District of Columbia shall be computed as 
follows: 
"(i) Interest shall be paid at a rate which (as determined by the 
Mayor of the District of Columbia) is equal to the average rate of 
return on investment (adjusted to the nearest one-eighth of 1 per 
centum) for the District of Columbia Police Officers and Fire 
Fighters' Retirement Fund (established by section 122 of the 
District of Columbia Retirement Reform Act) for the period 
beginning on the first day of the first month which begins after 
the end of the service with respect to which the deposit is made 
and ending on the last day of the month which precedes the 
month during which the deposit is made if he makes a lump-sum 
payment or during which he makes the first monthly payment if 
he makes monthly payments, except that for so much of any such 
period which precedes October 1, 1981, the average rate of 
interest on interest-bearing obligations of the United States 
forming a part of the public debt (adjusted to the nearest one-
eighth of 1 per centum) shall be used in determining the interest 
rate to be paid on deposits under this paragraph. 
"(ii) Interest shall be payable for the period beginning on the 
first day of the first month which begins after the end of the 
period of service with respect to which the deposit is made and 
ending on the last day of the month which precedes the month 
during which the deposit is made. 
"(iii) If a member elects to make his deposit in monthly 
installments, each monthly payment shall include interest on 
that portion of the refund which is then being redeposited.". 
Effective date. 
(b) The amendments made by subsection (a) shall take effect at the 
end of the ninety-day period beginning on the date of the enactment 
of this Act. The amendments made by paragraph (2) of subsection (a) 
shall not apply with respect to deposits made, in whole or in part, 
prior to the end of such ninety-day period. 
D.C. Code 4-521 
note. 
Ante, p. 909. 
COST-OF-LIVING ADJUSTMENTS OF ANNUITIES 
SEC. 209. (a)(1) The Policemen and Fireman's Retirement and 
Disability Act is amended— 
(A) by redesignating subsections (m) through (s), as redesignated 
by section 207(a)(1)(A) of this Act, as subsections (n) through (t), 
respectively; and 
(B) by inserting immediately after subsection (1), as added by 
the amendment made by section 207(a)(1)(B) of this Act, the 
following new subsection: 
PUBLIC LAW 96-122—NOV. 17, 1979 
93 STAT. 913 
"COST-OF-UVING ADJUSTMENTS OF ANNUITIES 
"(m)(l) Each month the Mayor of the District of Columbia shall 
determine the per centum change in the price index. On the basis of 
this determination, and effective the first day of the third month 
which begins after the price index shall have equaled the rise of at 
least 3 per centum for three consecutive months over the price index 
for the base month each annuity payable under this section which— 
"(A) is payable to a survivor of a member who was an officer or 
member of the United States Park Police force, the Executive 
Protective Service, or the United States Secret Service Division, 
and 
"(B) has a commencing date on or before such effective date, 
shall be increased by 1 per centum plus the per centum rise in the 
price index. For purposes of this paragraph, the term 'base month' 
means the month for which the price index showed a per centum rise 
forming the basis for a cost-of-living annuity increase under this 
paragraph, except that, until the first cost-of-living annuity increase 
under this paragraph, the base month shall be the last month which 
was the base month for purposes of subsection (k)(7) before its repeal 
by section 209(b) of the District of Columbia Retirement Reform Act. ^«*«' P- 912. 
"(2) With respect to any annuity payable under this section which 
is payable to a member who was an officer or member of the 
Metropolitan Police force or the Fire Department of the District of 
Columbia, or to a survivor of any such member, the Mayor shall— 
"(A) on January 1 of each year, or within a reasonable time 
thereafter, determine the per centum change in the price index 
published for December of the preceding year over the price 
: ; ; 
index published for June of the preceding year, and 
"(B) on July 1 of each year, or within a reasonable time 
thereafter, determine the per centum change in the price index 
published for June of such year over the price index published for 
December of the preceding year. 
"(3) If in any year the per centum change determined under either 
paragraph (2)(A) or (2)(B) indicated a rise in the price index, then— 
"(A) in the case of an increase under paragraph (2)(A), (i) each 
annuity described in paragraph (2) having a commencing date 
not later than March 1 of such year shall, effective such March 1, 
be increased by the per centum change computed under such 
paragraph, adjusted to the nearest one-tenth of 1 per centum, 
and (ii) each annuity described in such paragraph having a 
commencing date after such March 1 but before the effective date 
of the next increase in annuities under this paragraph shall, 
effective such commencing date, be increased by such per centum 
change, adjusted to the nearest one-tenth of 1 per centum, or 
"(B) in the case of an increase under paragraph (2)(B), (i) each 
annuity described in paragraph (2) having a commencing date 
not later than September 1 of such year shall, effective such 
September 1, be increased by the per centum change computed 
under such paragraph, adjusted to the nearest one-tenth of 1 per 
centum, and (ii) each annuity described in such paragraph 
having a commencing date after such September 1 but before the 
effective date of the next increase in annuities under this 
paragraph shall, effective such commencing date, be increased by 
such per centum change, adjusted to the nearest one-tenth of 1 
per centum. 
"(4) The monthly installment of annuity after adjustment under 
this subsection shall be fixed at the nearest dollar, except that such 
installment shall after adjustment reflect an increase of at least $1. 
59-194 O — 81 
60 : QL3 
93 STAT. 914 
PUBLIC LAW 96-122—NOV. 17, 1979 
"Price index." 
"(5) For purposes of this subsection, the term 'price index' means 
the Consumer Price Index for All Urban Consumers published 
monthly by the Bureau of Labor Statistics.". 
(2) Subsections (m) (2) and (3) of the Policemen and Firemen's 
Retirement and Disability Act, as added by the amendment made by 
paragraph (1)(B) of this subsection, shall apply (A) to any increase 
after the effective date of such amendment in annuities payable 
D.C. Code 4-531. under subsection (k) of such Act, except that with respect to the first 
date after the effective date of such amendment on which the Mayor 
is to determine a per centum change for the purpose of such an 
increase, such per centum change shall be determined by computing 
the change in the price index published for the month immediately 
preceding such first date over the price index published for the last 
month which was the base month for purposes of subsection (k)(7) of 
the Policemen and Firemen's Retirement and Disability Act before 
the repeal of such subsection by subsection (b) of this section, and (B) 
to any increase in each annuity payable under such Act having a 
commencing date after the effective date of such amendment. 
Repeal. 
(b) Subsection (k)(7) of the Policemen and Firemen's Retirement 
and Disability Act (D.C. Code, sec. 4-531(7)) is repealed. 
(c) Section 301 of the District of Columbia Police and Firemen's 
Salary Act of 1953 (D.C. Code, sec. 4-518) is amended by adding at the 
end thereof the following new subsection: 
"(e) This section shall not apply with respect to officers and 
members of the Metropolitan Police force or the Fire Department of 
the District of Columbia who retire after the effective date of this 
subsection.". 
Effective date. 
(d) The amendments made by this section shall take effect at the 
end of the ninety-day period beginning on the date of the enactment 
of this Act. 
AUTHORITY TO WAIVE COLLECTION OF OVERPAYMENTS 
SEC. 210. Subsection (o) of the Policemen and Firemen's Retirement 
and Disability Act, as amended by section 205(b) of this Act and 
Ante, pp. 904, 
redesignated by section 209(a)(1)(A) of this Act (D.C. Code, sec. 4-533), 
912. 
is amended by adding at the end thereof the following new 
paragraph: 
"(3) Except in a case of fraud against the District of Columbia, the 
Mayor may waive collection of any amount less than $100 which was 
paid to an annuitant in excess of the amount to which such annuitant 
was entitled under this section.". 
COMMENCING DATE OF PAYMENT OF ANNUITIES 
SEC. 211. Subsection (p) of the Policemen and Firemen's Retirement 
and Disability Act, as redesignated by section 209(a)(1)(A) of this Act 
(D.C. Code, sec. 4-534), is amended by inserting after "accrues 
monthly" in paragraph (1) the following: "(except that an annuity 
accrues over any portion of a month after the commencing date of 
such annuity but before the first day of the next month and is payable 
for such month in an amount pro rated in a manner to be determined 
by the Mayor)". 
PAYMENT OF ANNUITIES TO MINORS AND MENTAL INCOMPETENTS 
SEC. 212. Subsection (p) of the Policemen and Firemen's Retirement 
and Disability Act, as redesignated by section 209(a)(1)(A) of this Act 
and amended by section 211 of this Act (D.C. Code, sec. 4-534), is 
PUBLIC LAW 96-122—NOV. 17, 1979 
93 STAT. 911 
amended by redesignating paragraphs (2) and (3) of such subsection 
as paragraphs (3) and (4), respectively, and by inserting after para-
graph (1) the following new paragraph: 
"(2) Payment due a minor, or an individual mentally incompetent 
or under other legal disability, may be made to the person who is 
constituted guardian or other fiduciary by the law of the State of 
residence of the claimant or is otherwise legally vested with the care 
of the claimant or his estate. If a guardian or other fiduciary of the 
individual under legal disability has not been appointed under the 
law of the State of residence of the claimant, payment may be made 
to any person who, in the judgment of the Mayor, is responsible for 
the care of the claimant, and the payment bars recovery by any other 
person.". 
IMPROVEMENTS IN ADMINISTRATION OF DISABILITY RETIREMENTS 
SEC. 213. Subsection (g) of the Policemen and Firemen's Retirement 
and Disability Act (as amended by section 204 of this Act) is further 
amended by adding at the end thereof the following new paragraphs: 
"(6) Not later than ninety days after the date of the enactment of 
the District of Columbia Retirement Reform Act, the Board of Police 
and Fire Surgeons shall submit to the Mayor recommendations for 
regulations to establish specific criteria for determining whether an 
injury was incurred, or a disease was contracted, in the performance 
of duty and whether an injury or disease was aggravated in the 
performance of duty. The Mayor shall promulgate regulations estab-
lishing such criteria in a timely manner based on the recommenda-
tions of the Board. 
"(7)(A) In making determinations under this subsection and under 
subsection (f), the Board of Police and Fire Surgeons and the Police 
and Firemen's Retirement and Relief Board shall make full use of the 
medical resources in the District of Columbia and shall make the 
widest practical use of the medical expertise available to them 
consistent with fair and even administration of this Act. 
"(B) Not later than ninety days after the date of the enactment of 
the District of Columbia Retirement Reform Act, the Board of Police 
and Fire Surgeons and the Police and Firemen's Retirement and 
Relief Board shall each submit to the Mayor recommendations for 
regulations to carry out the requirements of subparagraph (A). The 
Mayor shall, in a timely manner and based on the recommendations 
of such Boards, promulgate regulations to carry out the requirements 
of such subparagraph. 
"(C) Failure to promulgate such regulations, or failure to comply 
with such regulations, shall not invalidate any decision of the Mayor 
or the Police and Firemen's Retirement and Relief Board with 
respect to the retirement of any individual.". 
Ante, p. 902. 
Ante, p. 866. 
D.C. Code 4-526. 
Recommendations 
for regulations, 
submittal to 
Mayor. 
Regulations. 
RESTRICTION ON RETIRED POUCE OFFICERS AND FIRE FIGHTERS RE-
CEIVING ANNUITY WHILE EMPLOYED BY THE DISTRICT OF COLUMBIA 
GOVERNMENT 
SEC. 214. Subsection (p) of the Policemen and Firemen's Retire-
ment and Disability Act (as redesignated by section 209(a)(1)(A) and 
amended by section 211) is amended by adding at the end thereof the 
following new paragraph: 
"(5) Notwithstanding any other provision of law, the salary of any 
annuitant who first becomes entitled to an annuity under this section 
after the date of the enactment of the District of Columbia Retire-
ment Reform Act and who is subsequently employed by the govern-
Ante, pp. 912, 
914. 
93 STAT. 916 
PUBLIC LAW 96-122—NOV. 17, 1979 
ment of the District of Columbia shall be reduced by such amount as 
is necessary to provide that the sum of such annuitant's annuity 
under this section and compensation for such employment is equal 
to the salary otherwise payable for the position held by such 
annuitant.". 
PART B—TEACHERS' AND JUDGES' RETIREMENT BENEFITS 
COST-OF-LIVING ADJUSTMENTS OF TEACHERS* ANNUITIES 
SEC. 251. (a)(1) Section 21(b) 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. 31-739a(b)), is amended to 
read as follows: 
"(b)(1) The Mayor shall— 
"(A) on January 1 of each year, or within a reasonable time 
thereafter, determine the per centum change in the price index 
published for December of the preceding year over the price 
index published for June of the preceding year, and 
"(B) on July 1 of each year, or within a reasonable time 
thereafter, determine the per centum change in the price index 
published for June of such year over the price index published for 
December of the preceding year, 
"(2) If in any year the per centum change determined under either 
paragraph (1)(A) or (1)(B) indicates a rise in the price index, then— 
"(A) in the case of an increase under paragraph (2)(A), (i) each 
annuity described in paragraph (2) having a commencing date 
not later than March 1 of such year shall, effective such March 1, 
be increased by the per centum change computed under such 
paragraph, adjusted to the nearest one-tenth of 1 per centum, 
and (ii) each annuity described in such paragraph having a 
commencing date after such March 1 but before the effective date 
of the next increase in annuities under this paragraph shall, 
effective such commencing date, be increased by such per 
centum, or 
"(B) in the case of an increase under paragraph (2)(B), (i) each 
annuity described in paragraph (2) having a commencing date 
not later than September 1 of such year shall, effective such 
September 1, be increased by the per centum change computed 
under such paragraph, adjusted to the nearest one-tenth of 1 per 
centum, and (ii) each annuity described in such paragraph 
having a commencing date after such September 1 but before the 
effective date of the next increase in annuities under this 
paragraph shall, effective such commencing date, be increased by 
such per centum change, adjusted to the nearest one-tenth of 1 
per centum.". 
(2) The amendment made by paragraph (1) shall apply to any 
increase after the effective date of such amendment in annuities 
payable from the District of Columbia teachers' retirement and 
annuity fund established by section 2 of the Act entitled "An Act for 
the retirement of public-school teachers in the District of Columbia", 
D.C. Code 
approved August 7, 1946, or from the District of Columbia Teachers' 
31-722. 
Retirement Fund established by section 123(a) of this Act, except that 
Ante, p. 873. 
with respect to the first date after the effective date of such amend-
ment on which the Mayor is to determine a per centum change, such 
per centum change shall be determined by computing the change in 
the price index published for the month immediately preceding such 
first date over the price index published for the last month before 
such effective date for which the price index showed a per centum 
PUBLIC LAW 96-122—NOV. 17, 1979 
93 STAT. 917 
D.C. Code 
31-739a. 
rise forming the basis for a cost-of-living annuity increase under 
section 21(b) of such Act of August 7, 1946, as in effect immediately 
before the amendment of such section by paragraph (1). 
(b) Section 21(c) 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. 31-739a(c)), is amended— 
(1) by striking out "governed by the commencing date of each 
annuity payable from the fund as of the effective date of an 
increase" and inserting in lieu thereof "as provided in subsection 
(b)(2)"; and 
(2) by striking out "from the fund" in paragraph (1) of such 
section. 
(c) The amendments made by subsections (a) and (b) shall take Effective date, 
effect at the end of the ninety-day period beginning on the date of the 
enactment of this Act. 
COST-OF-LIVING ADJUSTMENTS OF JUDGES ANNUITIES 
SEC. 252. (a) Section ll-1571(a) of title 11 of the District of Columbia 
Code is amended by inserting ", or who, before the next such increase 
first becomes payable under such section, receives such salary or 
annuity, either" immediately after "salary or annuity". 
(b) The amendment made by subsection (a) shall take effect at the 
end of the ninety-day period beginning on the date of the enactment 
of this Act. 
Effective date. 
INTEREST ON TEACHERS REFUNDS AND DEPOSITS 
SEC. 253. (a)(1) The first section 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. 31-721), is amended— 
(A) in the first paragraph by inserting "or the end of the 90-day 
period beginning on the date of the enactment of the District of 
Columbia Retirement Reform Act, whichever is earlier" immedi- Ante, p. 866. 
ately before the period at the end of the proviso in the second 
sentence; and 
(B) in the second paragraph— 
(i) in the first sentence— 
(I) by striking out "at 3 per centum per annum 
compounded as of December 31 of each year" and 
inserting in lieu thereof "computed in accordance with 
section 24(a) of this Act" and 
Post, p. 918. 
(II) by striking out "an interest rate of 3 per centum 
per annum compounded annually" and inserting in lieu 
thereof "the interest rate computed in accordance with 
section 24(a) of this Act''; and 
(ii) in the second sentence, by inserting "to the date of such 
death or separation or the end of the 90-day period beginning 
on the date of enactment of the District of Columbia Retire-
ment Reform Act, whichever is earlier" immediately after 
"are made". 
(2) Section lA(b) of such Act (D.C. Code, sec. 31-721a(b)) is amended 
by striking out "with interest at 4 per centum compounded annually" 
in the first sentence and inserting in lieu thereof ", with interest 
computed in accordance with section 24(b) of this Act,". 
(3) Section 8 of such Act (D.C. Code, sec. 31-728) is amended in the 
first paragraph— 
(A) in the second proviso in the sixth sentence— 
93 STAT. 918 
PUBLIC LAW 96-122—NOV. 17, 1979 
(i) by striking out "the accumulated contributions and 
interest" and inserting in lieu thereof "(1) the accumulated 
contributions", and 
(ii) by inserting immediately before the colon at the end of 
such proviso ", and (2) interest thereon computed in accord-
Infra. 
ance with section 24(b) of this Act"; and 
(B) in the seventh sentence, by striking out "with interest at 3 
per centum per annum compounded annually". 
(4) Section 9(a) of such Act (D.C. Code, sec. 31-729(a)) is amended— 
(A) in the first proviso— 
(i) by inserting "(computed to the date of separation or the 
end of the 90-day period beginning on the date of the 
enactment of the District of Columbia Retirement Reform 
Ante, p. 866. 
Act, whichever is earlier)" immediately after "thereon", and 
(ii) by inserting "(computed to the date of separation or the 
end of the 90-day period beginning on the date of the 
enactment of the District of Columbia Retirement Reform 
Act, whichever is earlier)" immediately after "interest" the 
second time it appears; 
(B) in the second proviso, by inserting "(including the interest 
thereon) plus interest computed in accordance with section 24(c) 
of this Act" immediately before the colon at the end of such 
proviso; and 
(C) in the third proviso, by striking out ", with interest at 3 per 
centum compounded annually". 
(5) Section 10(f)(3) of such Act (D.C. Code, sec. 31-730(0(3)) is 
amended by inserting after "interest" the first time it appears ", 
earned prior to the end of the 90-day period beginning on the date of 
the enactment of the District of Columbia Retirement Reform Act". 
(6) Such Act is further amended by adding at the. end thereof the 
following new section: 
Interest accrual 
"SEC. 24. (a) For purposes of determining the amount available to 
""^^s and 
purchase an annuity under the second paragraph of the first section 
periods. 
^^ ^j^-g p^^^^ interest shall be deemed to accrue on deposits at the 
following rates for the following periods: 
"(1) Prior to the end of the 90-day period beginning on the date 
of the enactment of the District of Columbia Retirement Reform 
Act, interest shall accrue at the rate of 3 per centum per annum 
compounded as of December 31 of each year. 
"(2) For the period beginning at the end of the 90-day period 
beginning on the date of the enactment of the District of 
Columbia Retirement Reform Act and ending on September 30, 
1981, interest shall accrue at a rate which (as determined by the 
Mayor of the District of Columbia) is equal to the average rate of 
interest on interest-bearing obligations of the United States 
forming a part of the public debt (adjusted to the nearest one-
eighth of 1 per centum). 
"(3) After October 1, 1981, interest shall accrue at an annual 
rate which (as determined by the Mayor of the District of 
Columbia) is equal to the average annual rate of return on 
investment (adjusted to the nearest one-eighth of 1 per centum) 
for the District of Columbia Teachers' Retirement Fund estab-
lished by section 123 of the District of Columbia Retirement 
Ante, p. 873. 
Reform Act. 
D.C. Code 
"(b) Interest required on deposits under section lA or 8 of this Act 
n^r^ n<^ 31-728. or under the Act of June 27, 1960, shall be computed as follows: 
31-745 ^ 
"(1) Interest shall be paid at a rate which (as determined by the 
Mayor of the District of Columbia) is equal to the average rate of 
return on investment (adjusted to the nearest one-eighth of 1 per 
centum) for the District of Columbia Teachers' Retirement Fund 
PUBLIC LAW 96-122—NOV. 17, 1979 
93 STAT. 919 
(established by section 123 of the District of Columbia Retire-
ment Reform Act) for the period beginning on the first day of the Ante, p. 873. 
first month which begins after the midpoint of the period with 
respect to which the deposit is made and ending on the last day of 
the month which precedes the month during which the deposit is 
made if he makes a lump-sum payment or during which he 
makes the first payment if he makes installment deposits, except 
that— 
"(A) for so much of any such period which occurs between 
the end of the 90-day iperiod beginning on the date of the 
enactment of the District of Columbia Retirement Reform 
Act and October 1, 1980, the average rate of interest on Ante, p. 866. 
interest-bearing obligations of the United States forming a 
part of the public debt (adjusted to the nearest one-eighth of 
1 per centum) shall be used in determining the interest rate 
to be paid on deposits; and 
"(B) for so much of any such period which occurs prior to 
the end of the 90-day period beginning on the date of the 
enactment of the District of Columbia Retirement Reform 
Act, the rate of 3 per centum a year, compounded annually, 
shall be used in determining the interest rate to be paid on 
deposits. 
"(2) Interest shall be payable for the period beginning on the 
first day of the first month which begins after the midpoint of the 
period with respect to which the deposit is made and ending on 
the last day of the month which precedes the month during 
which the deposit is made. 
" " ' '^ 
"(3) If a teacher elects to make his deposit in installments, each 
payment shall include interest on that portion of the refund 
which is then being redeposited. 
' 
"(c) Interest required on deposits under section 9(a) of this Act shall D.c. Code 
be computed as follows: 
31-729. 
'(1) Interest shall be paid at a rate which (as determined by the 
Mayor of the District of Columbia) is equal to the average rate of 
return on investment (adjusted to the nearest one-eighth of 1 per 
centum) for the District of Columbia Teachers' Retirement Fund 
(established by section 123 of the District of Columbia Retire-
ment Reform Act) for the period beginning on the first day of the 
first month which begins after the end of the service period with 
respect to which the deposit is made and ending on the last day of 
the month which precedes the month during which the deposit is 
made if he makes a lump sum payment or during which he 
makes the first payment if he makes installment deposits, except 
that— 
"(A) for so much of any such period which occurs between 
the end of the 90-day period beginning on the date of the 
>
• 
•
• 
enactment of the District of Columbia Retirement Reform 
* 
Act and October 1, 1980, the average rate of interest on 
interest-bearing obligations of the United States forming a 
part of the public debt (adjusted to the nearest one-eighth of 
1 per centum) shall be used in determining the interest rate 
to be paid on deposits; and 
" 
-
^ 
"(B) for so much of any such period which occurs prior to 
the end of the 90-day period beginning on the date of the 
enactment of the District of Columbia Retirement Reform 
Act, the rate of 3 per centum a year, compounded annually, 
shall be used in determining the interest rate to be paid on 
deposits. 
"(2) Interest shall be payable for the period beginning on the 
first day of the first month which begins after the end of the 
93 STAT. 920 
PUBLIC LAW 96-122—NOV. 17, 1979 
service period with respect to which the deposit is made and 
ending on the last day of the month which precedes the month 
during which the deposit is made. 
"(3) If a teacher elects to make his deposit in installments, each 
payment shall include interest on that portion of the refund 
which is then being redeposited.". 
(b) The Act entitled "An Act to authorize certain teachers in the 
public schools of the District of Columbia to count as creditable 
service for retirement purposes certain periods of authorized leave 
without pay taken by such teachers for educational purposes", 
approved June 27, 1960 (D.C. Code, sec. 31-745), is amended— 
(1) by striking out "and interest"; and 
(2) by inserting immediately before the colon at the beginning 
of the proviso "plus interest computed in accordance with section 
Ante, p. 918. 
24(b) of such Act of August 7,1946". 
Effective date. 
(c) The amendments made by this section shall take effect at the 
end of the ninety-day period beginning on the date of the enactment 
of this Act. 
INTEREST ON JUDGES' REDEPOSITS 
SEC. 254. (a) Subchapter III of chapter 15 of title 11 of the District of 
Columbia Code is amended— 
(1) in section 11-1561— 
(A) in paragraph (9)(C), by inserting immediately before 
the semicolon at the end thereof "or the end of the 90-day 
period beginning on the date of the enactment of the District 
Ante, p. 866. 
of Columbia Retirement Reform Act, whichever is earlier", 
and 
(B) in paragraph (10)(C), by inserting immediately before 
the semicolon at the end thereof "or the end of the 90-day 
period beginning on the date of the enactment of the District 
of Columbia Retirement Reform Act, whichever is earlier"; 
and 
(2) in section ll-1569(c), by inserting "or the end of the 90-day 
period beginning on the date of the enactment of the District of 
Columbia Retirement Reform Act, whichever is earlier" immedi-
ately after "such judge" and before the comma. 
Qy) Such subchapter III is further amended— 
(1) in section 11-1563(b), by striking out "at 4 per centum per 
annum to December 31, 1947, and 3 per centum per annum 
thereafter, compounded on December 31 of each year" and 
inserting in lieu thereof "computed in accordance with section 
ll-1564(d)(2)"; 
(2) by amending section ll~1564(d)(2) to read as follows: 
"(2) Interest on deposits under this subsection and section 11-1567 
D.C. Code 
(b) shall be computed as follows: 
11-1567. 
"(A) Interest shall be paid at a rate which (as determined by 
the Mayor of the District of Columbia) is equal to the average 
rate of return on investment (adjusted to the nearest one-eighth 
of 1 per centum) for the District of Columbia Judges' Retirement 
Fund (established by section 124 of the District of Columbia 
Ante, p. 875. 
Retirement Reform Act) for the period beginning on the first day 
of the first month which begins after the end of the service period 
with respect to which the deposit is made and ending on the last 
day of the month which precedes the month during which the 
deposit is made if he makes a lump sum payment or during which 
he makes the first payment if he makes installment deposits, 
except that— 
PUBLIC LAW 96-122—NOV. 17, 1979 
93 STAT. 921 
"(i) for so much of any such period which occurs between 
the end of the 90-day period beginning on the date of the 
enactment of the District of Columbia Retirement Reform 
Act and October 1, 1980, the average rate of interest on Ante, p. 866. 
interest-bearing obligations of the United States forming a 
part of the public debt (adjusted to the nearest one-eighth of 
1 per centum) shall be used in determining the interest rate 
to be paid on deposits; 
"(ii) for so much of any such period which occurs between 
January 1,1948, and the end of the 90-day period beginning 
on the date of the enactment of the District of Columbia 
Retirement Reform Act, the rate of 3 per centum a year, 
compounded annually, shall be used in determining the 
interest rate to be paid on deposits; and 
"(iii) for so much of any such period which occurs prior to 
January 1,1948, the rate of 4 per centum a year, compounded 
annually, shall be used in determining the interest rate to 
be paid on deposits. 
"(B) Interest shall be payable for the period beginning on the 
first day of the first month which begins after the end of the 
service period with respect to which the deposit is made and 
ending on the last day of the month which precedes the month 
during which the deposit is made. 
"(C) If a judge elects to make his deposit in installments, each 
payment shall include interest on that portion of the refund 
which is then being redeposited. 
Interest may not be charged for a period of separation from the 
service which began before October 31,1956."; and 
(3) in section ll-1567(b), by striking out "at 4 per centum per D.c. Code 
annum to December 31, 1947, and 3 per centum per annum 11-1567. 
thereafter, compounded on December 31 of each year" and 
inserting in lieu thereof "computed in accordance with section 
ll-1564(d)(2)". 
(c) The amendments made by this section shall take effect at the Effective date, 
end of the ninety-day period beginning on the date of the enactment 
of this Act. 
RESTORATION OF TEACHERS ANNUITIES IN THE EVENT OF PREDECEASED 
BENEFICIARIES 
SEC. 255. (a) Section 5(b) 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, 31-725(b)), is amended by 
adding at the end thereof the following new paragraph: 
"(4) In the event an individual designated as a surviving widow or 
widower or as a survivor annuitant under this subsection predeceases 
the teacher designating such individual, the annuity of such teacher 
shall, effective the day after the death of such individual, be the 
amount it would have been if no such beneficiary had been named.". 
(b) The amendment made by subsection (a) shall take effect on Effective date. 
October 1, 1978, or at the end of the ninety-day period beginning on 
the date of the enactment of this Act, whichever is later. 
TERMINATION OF TEACHERS' DISABILITY ANNUITIES BASED ON OUTSIDE 
EARNED INCOME 
SEC. 256. Section 4 of the Act entitled "An Act for retirement of 
public-school teachers in the District of Columbia", approved August 
93 STAT. 922 
PUBLIC LAW 96-122—NOV. 17, 1979 
7, 1946 (D.C. Code, sec. 31-724), is amended by inserting after the 
second paragraph thereof the following new paragraph: 
"Notwithstanding the foregoing provisions of this section, if during 
any calendar year an annuitant who is receiving a disability annuity 
under this section and who has not reached retirement age (as 
defined in section 3) receives income from wages or self-employment, 
or both, in an amount not less than 80 per centum of the current rate 
of pay of the position occupied by the annuitant before retirement, 
the annuity of such annuitant shall be terminated by the Board of 
Education effective January 1 of the first calendar year after such 
calendar year, except that this sentence shall not apply with respect 
to income received during the year in which the annuitant retired. 
The annuity of any annuitant whose annuity is terminated under the 
preceding sentence shall be restored, at the rate which would have 
been in effect but for such termination, effective January 1 of any 
year following a year during which the amount of such annuitant's 
income from wages and self-employment is less than 80 per centum of 
the current rate of pay of the position occupied by the annuitant 
before retirement, or effective immediately if the Board of Education 
determines that, outside of normal fluctuations in such annuitant's 
income, such annuitant's income is reduced to a level which on an 
annual basis is less than 80 per centum of such current rate of pay.". 
RESTRICTION ON RETIRED TEACHERS RECEIVING ANNUITY WHILE EM-
PLOYED BY THE DISTRICT OF COLUMBIA GOVERNMENT 
SEC. 257. The Act entitled "An Act for retirement of public-school 
teachers in the District of Columbia", approved August 7,1946 (D.C. 
Code, sec. 31-721 et seq.), is amended by adding after section 24 (as 
Ante. p. 917. 
added by section 253(a)(6)) the following new section: 
"SEC. 25. Notwithstanding any other provision of law, the salary of 
any retired teacher who first becomes entitled to an annuity under 
this Act after the date of the enactment of the District of Columbia 
Ante, p. 866. 
Retirement Reform Act and who is subsequently employed by the 
government of the District of Columbia shall be reduced by such 
amount as is necessary to provide that the sum of such teacher's 
annuity under this Act and compensation for such employment is 
equal to the salary otherwise payable for the position held by such 
teacher.". 
Approved November 17, 1979. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 96-155 accompanying H.R. 3939 (Comm. on the District of 
Columbia) and No. 96-584 (Comm. of Conference). 
SENATE REPORT No. 96-237 (Comm. on Governmental Affairs). 
CONGRESSIONAL RECORD, Vol. 125 (1979): 
Aug. 1, considered and passed Senate. 
Sept. 24, H.R. 3939 considered and passed House; passage vacated and S. 1037, 
amended, passed in lieu. 
Nov. 8, House agreed to conference report. 
Nov. 9, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTDVL DOCUMENTS, Vol. 15, No. 47: 
Nov. 19, Presidential statement.