2023 District of Columbia Code › Title 1 - Government Organization › Chapter 3 - Specified Governmental Authority › Subchapter IV - Special Programs › Part D - Opportunity Accounts › § 1–307.69. Emergency withdrawal

§ 1–307.69. Emergency withdrawal.
(a) An account holder may make an emergency withdrawal of his or her opportunity account funds in accordance with this section.
(b) An account holder may make an emergency withdrawal for:
(1) Paying the costs of medical care or the expenses necessary to obtain medical care for the account holder or a spouse, domestic partner, father, mother, child, or dependent of the account holder;
(2) Making a payment necessary to prevent the eviction of the account holder from the primary residence of the account holder or to prevent foreclosure on a mortgage for the primary residence of the account holder;
(3) Making payments necessary to enable the account holder to meet necessary living expenses following loss of employment; and
(4) Making health insurance premium payments in the event of a sudden, unexpected loss of income.
(c) Repealed.
(c-1) If an account holder makes an emergency withdrawal for the purposes set forth at subsection (b)(2) or (3) of this section, the account holder shall withdraw only funds deposited by the account holder and shall not withdraw matching funds.
(c-2) If an account holder makes an emergency withdrawal for the purposes set forth at subsection (b)(1) of this section, the account holder shall withdraw only funds deposited by the account holder and shall not withdraw matching funds, unless the withdrawal is for a medical emergency.
(c-3) If an account holder makes an emergency withdrawal for the purposes set forth at subsection (b)(4) of this section, the account holder may withdraw funds deposited by the account holder and matching funds.
(d) An emergency withdrawal shall not be made unless authorized by an administering organization on a case-by-case basis.
(e) An account holder shall not be required to repay funds withdrawn from the opportunity account for an emergency withdrawal but shall resume making deposits into the opportunity account no later than 90 days after the emergency withdrawal. If the account holder fails to make a deposit no later than 90 days after the emergency withdrawal:
(1) The account holder shall lose his or her matching funds and the matching funds shall be returned to the District of Columbia and administering organization in the same amounts as the matching funds were provided;
(2) The account holder shall be removed from the opportunity account program; and
(3) All funds deposited by the account holder into the opportunity account shall be returned to the account holder.
(Apr. 3, 2001, D.C. Law 13-266, § 10, 48 DCR 1240; Dec. 3, 2020, D.C. Law 23-149, § 6002(d), 67 DCR 10493.)
Emergency Legislation
For temporary (90 days) amendment of this section, see § 301(d) of Coronavirus Support Second Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-405, Aug. 19, 2020, 67 DCR 10235).
For temporary (90 days) amendment of this section, see § 301(d) of Coronavirus Support Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-328, June 8, 2020, 67 DCR 7598).
For temporary (90 days) amendment of this section, see § 301(d) of Coronavirus Support Emergency Amendment Act of 2020 (D.C. Act 23-326, May 27, 2020, 67 DCR 7045).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 301(d) of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622).