An Act to provide that a District of Columbia public school teacher may retire on a full annuity at age 55 after 30 years of service or at age 60 after 20 years of service, and for other purposes
PL 90-231 (H.R.12505), enacted 12/29/1967

81 STAT.] 
PUBLIC LAW 90-^1-DEC. 29, 1967 
747 
Public Law 90-231 
A N A C T 
December 29, 1967 
rH R 1 2S0si 
To provide that a District of Columbia public school teacher may retire on a 
' 
full annuity at age 
fifty-five 
after thirty years of service or at age sixty after 
twenty years of service, and for other purposes. 
D.C. public 
school teachers. 
71 Stat. 46. 
Be it enacted iy the Senate and House of Representatives 
of the 
United States of America in Congress assenfibled^ That the Act en-
titled "An Act for the retirement of public-school teachers in the ''"^ITetire^ent" 
District of Columbia", approved August 7, 1946, is amended as 
follows: 
(1) The proviso in the second sentence of the first paragraph of 
the first section of such Act (D.C. Code, sec. 31-721) is amended by 
striking out "teaching service" and inserting in lieu thereof "eligible 
(2) Section 3 of such Act (D.C. Code, sec. 31-723) is amended to 
^° ^'^'- «'^-
read as follows: 
"SEC. 3. (a) Any teacher who completes five years of eligible service tir^m^nt!^'^ '^ 
and who is separated from the service— 
"(1) after becoming fifty-five years of age and completing 
thirty years of service, 
"(2) after becoming sixty years of age and completing twenty 
years of service, or 
" (3) after becoming sixty-two years of age, 
is entitled to ah annuity. 
"(b) Any teacher who completes five years of eligible service and ^ invoiuntar/ re 
who is involuntarily separated from the service, except by removal for * ^""^^ ' 
cause on charges of misconduct or delinquency, after (1) completing 
twenty-five years of service, or (2) becoming fifty years of age and 
completing twenty years of service, is entitled to an annuity reduced 
by one-sixth of 1 per centum for each full month such teacher is under 
the age of fifty-five years at the date of his separation from the 
service. 
"(c) Any teacher who completes five years of eligible service and ^ Retiremenc at 
who becomes sixty-two years of age may be separated from the service 
by the Board of Education upon the written recommendation of the 
Superintendent of Schools. Any teacher who becomes seventy years of 
Retirement at 
age shall be separated from the service unless upon the written recom- ^^^ 
mendation of the Superintendent of Schools two-thirds of the mem-
bers of the Board of Education vote to retain such teacher in the 
public schools for the good of the service. 
"(d) (1) The length of a teacher's service shall be computed in ac-
cordance with section 8 of this Act. 
^°*'' P- ^''S. 
"(2) The amount of an annuity authorized by this section shall be 
computed in accordance with section 5 of this Act. 
^°®'' P- '''^^• 
"(3) Each annuity authorized by this section shall commence on the 
day after the teacher is separated from the service and shall terminate 
on the date the teacher dies." 
(3) Section 4 of such Act (D.C. Code, sec. 31-724) is amended— Disability. 
(A) bjr striking out in the first paragraph "Any teacher to7istat^46. ' 
whom this Act applies who shall have served on active duty in the 
public schools of the District of Columbia for a total period of not 
less than five years" and inserting in lieu thereof "Any teacher 
who completes five years of eligible service"; and 
(B) by striking out in the first paragraph "section 5 and 6 
hereof: Provided^ That proof" and inserting in lieu thereof "sec-
tions 5 and 6 of this Act and beginning on the day after his pay 
ceases and he meets the service and disability requirements for 
title to annuity. Proof". 
748 
PUBLIC LAW 90-231-DEC. 29, 1967 
181 STAT. 
Annuity compu-
tation. 
66 Stat. 17. 
Survivor bene-
fits, commence-
ment and termina-
tion. 
60 Stat. 876. 
D.C. Code 31-
722. 
Transfer of re-
tirement funds. 
60 Stat. 879. 
D.C. Code 31-
632 to 31-637. 
Deferred annu-
ity. 
60 Stat. 880; 
71 Stat. 47. 
Supra. 
(4) Section 5 of such Act (D.C. Code, sec. 81-725) is amended— 
(A) by amending the second sentence of subsection (a) to read 
as follows: "Each annuity is stated as an annual amount, one-
tAvelfth of which, fixed at the nearest dollar, constitutes the 
monthly rate payable on the first business day of the month after 
the month or other period for which it has accrued."; 
(B) by striking out the last sentence of paragraph (1) of sub-
section (b) and inserting in lieu thereof the following new sen-
tence : "The annuity of such widow or widower shall begin on the 
day after the retired teacher dies. Such annuity and any right 
thereto shall terminate on the last day of the month before (A) 
the widow or widower dies, or (B) the widow or widower re-
marries before becoming sixty years of age. In the case of a sur-
viving w4dow or widower whose annuity under this paragraph is 
terminated because of remarriage before becoming sixty years of 
age, annuity at the same rate shall be restored commencing on the 
day the remarriage is dissolved by death, annulment, or divorce, 
if— 
"(i) the surviving widow or widower elects to receive the 
annuity which was terminated instead of a survivor benefit 
to which the surviving widow or widower may be entitled, 
under this Act or another retirement system for employees 
of the Federal or District Government, by reason of the re-
marriage; and 
"(ii) any lump sum paid on termination of the annuity is 
returned to the teachers' retirement and annuity fund estab-
lished under section 2 of this Act."; and 
(C) by striking out in the first sentence of paragraph (2) of 
subsection (b) "and upon the death of such survivor annuitant 
all payments shall cease and no further annuity shall be due and 
payable" and by adding after such sentence the following new 
sentence: "The annuity of the survivor annuitant shall commence 
on the day after the retired teacher dies, and such annuity and 
any right thereto shall terminate on the last day of the month 
before the death of the survivor annuitant." 
(5) The second sentence of the first paragraph of section 8 of such 
Act (D.C. Code, sec. 31-728) is amended by striking out "Act of 
June 12, 1940 (54 Stat. 349) : Provided further'' and all that follows 
down through "nothing contained herein shall be construed" in the 
last proviso in that sentence and inserting in lieu thereof "Act of 
June 12, 1940 (54 Stat. 349). If the teacher so elects he may deposit 
the required sum in the teacher's retirement and annuity fund in 
monthly installments with interest at 3 per centum per annum com-
pounded annually, upon making a claim with the Commissioner of 
the District of Columbia, or his designated agent. This section shall 
not be construed". 
(6) Section 9 of such Act (D.C. Code, sec. 31-729) is amended— 
(A) hj striking out in subsection (a) "after having served in 
the public schools of the District of Columbia for a total period 
of not less than five years" and inserting in lieu thereof "after 
completing five years of eligible service"; 
(B) by striking out in subsection (a) "beginning at the age of 
sixty-two ^ears computed as provided in section 5 of this Act" 
and insertmg in lieu thereof ", computed as provided in section 
5 of this Act, beginning at the age of sixty-two years and ter-
minating on the date of his death"; 
(C) by striking out in paragraph (1) of subsection (b) "after 
having rendered at least five years of service in the public schools 
60 Stat. 876. 
D . C Code 31-
722. 
81 STAT.] 
PUBLIC LAW 90-2i31-DEC. 29, 1967 
749 
of the District of Columbia" and inserting in lieu thereof "after 
completing five years of eligible service"; 
(D) (i) by striking out in paragraph (1) of subsection (b) 
D^c.^code'ai-
"first day of the month following the death of the teacher" and 729^ 
inserting in lieu thereof "day after the teacher dies"; 
(ii) by striking out in such paragraph "teacher: Provided^ 
That such payments or any right thereto shall cease upon the 
death or remarriage of the widow, or dependent widower, or upon 
the widower's becoming capable of self-support." and inserting 
the following: 
"teacher. Such annuity and any right thereto shall terminate on the 
last day of the month before (A) the widow or dependent widower 
dies, (B) the widow or dependent widower remarries before becoming 
sixty years of age, or (C) the dependent widower becomes capable of 
self-support. In the case of a widow or dependent widower whose an-
nuity under this paragraph is terminated because of remarriage before 
becoming sixty years of age, annuity at the same rate shall be restored 
commencing on the day the remarriage is dissolved by death, annul-
ment, or divorce, if— 
"(i) the widow or dependent widower elects to receive the an-
nuity which was terminated instead of a survivor benefit to which 
the widow or dependent widower may be entitled, under this 
Act or another retirement system for employees of the Federal 
or District Government, by reason of the remarriage; and 
"(ii) any lump sum paid on termination of the annuity is re-
turned to the teachers' retirement and annuity fund established 
under section 2 of this Act."; 
(E) by striking out paragraph (2) and redesignating para-
graphs (3) and (4) as paragraphs (2) and (3), respectively; 
(F) (i) by striking out in the first sentence of paragraph (2) 
of subsection (b) (as so redesignated by subparagraph (E) of 
this paragraph) "five years of service in the public schools of 
the District of Columbia" and inserting in lieu thereof "five years 
of eligible service"; 
(ii) by striking out the third sentence of such paragraph and 
child's annu-
msertmg m lieu thereof the following: 
mekt and termina-
"The child's annuity shall commence on the first dav after the *i°"-
teacher dies. Such annuity and the right thereto terminate on the 73 stat. sse. ' 
last day of the month before the child— 
"(A) becomes eighteen years of age unless he is then a student 
as described or incapable of self-support; 
"(B) becomes capable of self-support after becoming eighteen 
years of age unless he is then such a student; 
"(C) becomes twenty-two years of age if he is then such a 
student and capable of self-support; 
"(D) ceases to be such a student after becoming eighteen years 
of age unless he is then incapable of self-support; or 
"(E) dies or marries; 
whichever first occurs." 
(G) by striking out in the first sentence of paragraph (3) of 
subsection (b) (as so redesignated by subparagraph (E) of this 
paragraph) "After having rendered at least five years of service 
in the public schools of the District of Columbia" and inserting 
in lieu thereof "after completing five years of eligible service"; 
(H) paragraph (2) of subsection (c) is amended to read as 
follows: 
" (2) The term 'child' means— 
"(A) an unmarried child under eighteen years of age, 
including (i) an adopted child, and (ii) a stepchild or recog-
" C h i l d . " 
750 
PUBLIC LAW 90-231-DEC. 29, 1967 
[81 STAT. 
Ante, 
p. 749. 
Beneficiaries. 
60 Stat. 880; 
66 Stat. 21. 
"Child. 
Payment of 
lump-sum credit. 
nized natural child who lived with the teacher in a regular 
parent-child relationship; 
"(B) such unmarried child regardless of age who is incapa-
ble of self-support because of mental or physical disability 
incurred before age eighteen; or 
"(C) such unmarried child between eighteen and twenty-
two years of age who is a student regularly pursuing a full-
time course of study or training in residence in a high 
school, trade school, technical or vocational institute, junior 
college, college, university, or comparable recognized educa-
tional institution. 
For the purpose of this paragraph and paragraph (2) of subsec-
tion (b) of this section, a child whose twenty-second birthday 
occurs before July 1 or after August 31 of a calendar year, and 
while he is regularly pursuing such a course of study or training, 
is deemed to have become twenty-two years of age on the first 
day of July after that birthday, A child who is a student is 
deemed not to have ceased to be a student during an interim be-
tween school years if the interim is not more than five months 
and if he shows to the satisfaction of the Commissioner of the 
District of Columbia that he has a bona fide intention of con-
tinuing to pursue a course of study or training in the same or 
different school during the school semester (or other period into 
which the school year is divided) immediately after the interim." 
(7) Section 10 of such Act (D.C. Code, sec. 31-730) is amended to 
read as follows: 
"SEC. 10. (a) Under regulations prescribed by the Commissioner 
of the District of Columbia, a present or former teacher may designate 
a beneficiary or beneficiaries for the purpose of this Act. 
"(b) Lump-sum benefits authorized by subsections (c), (d), and 
(e) of this section shall be paid in the following order of precedence, 
to the person or persons surviving the teacher and alive at the date 
title to the payment arises, and the payment bars recovery by any 
other person: 
"First, to the beneficiary or beneficiaries designated by the 
teacher in a signed and witnessed writing received by the Com-
missioner of the District of Columbia before his death. 
"Second, if there is no designated beneficiary, to the widow or 
widower of the teacher. 
"Third, if none of the above, to the child or children of the 
teacher and descendants of deceased children by representation. 
"Fourth, if none of the above, to the parents of the teacher or 
the survivor of them. 
"Fifth, if none of the above, to the duly appointed executor or 
administrator of the estate of the teacher. 
"Sixth, if none of the above, to such other next of kin of the 
teacher as the Commissioner of the District of Columbia deter-
mines to be entitled under the laws of the domicile of the teacher 
at the date of his death. 
For the purpose of this subsection, the term 'child' includes a natural 
child and an adopted child, but does not include a stepchild. 
"(c) If— 
"(1) a teacher dies— 
"(A) without a survivor, or 
"(B) with a survivor or survivors and the right of all 
survivors terminates before a claim for survivor annuity is 
filed; or 
" (2) a former teacher not retired dies, 
the lump sum credit shall be paid. 
81 STAT.] 
PUBLIC LAW 90-2132-DEC. 29, 1967 
751 
"(d) If all annuity rights under this Act based on the service of 
a deceased teacher terminate before the total annuity paid equals the 
lump-sum credit, the difference shall be paid. 
"(e) If an annuitant dies, any annuity accrued and unpaid shall 
be paid. 
"(f) For purposes of this section, the term 'lump-sum credit' crldi""^^"™ 
means the unref unded amount consisting of— 
"(1) retirement deductions made under this Act from the 
salary of a teacher ; 
"(2) amounts deposited into the teachers' retirement and 
annuity fund by a teacher covering earlier service; and 
"(3) interest on the deductions and deposits made with respect 
to service which aggregates more than one year but excluding 
interest for the fractional part of a month in the total service." 
(8) Section 13 of such Act (D.C. Code, sec. 31-733) is amended— 7i^sta!.^48*!^^' 
(A) by striking out "creditable service" and inserting in lieu 
thereof "eligible service"; and 
(B) by adding at the end the following new paragraph: 
"For purposes of this Act, the term 'eligible service' means service . "Eligible serv-
in the public schools of the District of Columbia under a temporary, 
probationary, or permanent appointment to a position, the rate of 
compensation of which is prescribed in the salary schedule contained 
in section 1 of the District of Columbia Teachers' Salary Act of 1955 
(D.C. Code, sec. 31-1501)." 
* 
«»^tat. 1594. 
(9) The first sentence of section 21 of such Act (D.C. Code, sec. .^j^^^J^^"' ^'^' 
31-739a) is amended by striking out "December 30, 1965" and insert- ^"lo^sut^ 2
1
6
6
. 
ing in lieu thereof "January 1,1966". 
(10) Such Act is amended by adding at the end thereof the follow- 
Definitions. 
ing new section: 
SEC. 22. Wherever the term 'Commissioners of the District of 
Columbia' is used in the first section of this Act and section 16 of this 
Act, as amended, such term shall be deemed to mean the District of ^^,'^^,%°^^^ ^^' 
Columbia Council. Wherever the term 'Board of Commissioners of the 
District of Columbia', or 'Commissioners of the District of Columbia' 
is otherwise used in this Act, as amended or supplemented, such term 
shall be deemed to mean the Commissioner of the District of 
Columbia." 
Approved December 29, 1967. 
Public Law 90-232 
A N A C T 
December 29, 1967 
To provide that the post office and Federal office building to be constructed in 
[H.R. 138 33] 
Bronx, New York, shall be named the "Charles A. Buckrey Post Office and 
Federal Office Building" in memory of the late Charles A. Buckley, a Member 
of the United States House of Representatives from the State of New York 
from 1935 through 1964. 
721, 31-736, 
Charles A. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That the post office ^^^^^^ p
^
^
^
^ of-
and Federal office building to be constructed in Bronx, New York, fice a^d Federal 
shall be named the "Charles A. Buckley Post Office and Federal Office o"^^^ BuUding. 
Building" in memory of the late Charles A. Buckley, a distinguished 
Member of the United States House of Representatives from the State 
of New York from 1935 through 1964. Any reference to such building 
in any law, regulation, document, record, map, or other paper of the 
United States shall be deemed a reference to such building as the 
"Charles A. Buckley Post Office and Federal Office Building." 
Approved December 29, 1967. 
85-622 0-68—50