Code of the District of Columbia

Subchapter III. Retirement Incentive Program.


§ 38–2041.01. Retirement Incentive Program.

(a) The Board of Education is authorized to establish a retirement incentive program (“program”) which shall apply to eligible employees under the personnel authority of the Board of Education. This authorization is conditioned on the requirement that no District employee who receives an incentive payment under the early out retirement program shall be reemployed with the District government, including the Board of Education, for 5 years, or hired or retained as a sole source personal services contractor for 5 years from the date of retirement.

(b) The Board of Education may exclude or limit positions from the program based on the needs of the Board.

(c) The program shall be effective from December 21, 1994, through September 30, 1995.

(d) The program shall be limited to employees retiring under the early out retirement provisions of 5 U.S.C. 8336(d)(2), employees who become eligible to retire on or before June 15, 1995, under the optional retirement provisions of 5 U.S.C. 8336(a), (b), or (f), and teachers who are eligible to retire under § 38-2021.01(f).

(e) The program shall offer a retirement incentive of 50% of an employee’s annual rate of basic pay paid from the employee’s salary or pay schedule which was in effect on the employee’s date of retirement, not to exceed $24,000, to be paid in 24 equal installments.

(f) Retirement incentive payments shall be prorated in the case of a part-time employee.

(g) Retirement incentive payments shall not be considered basic pay for computing retirement entitlement, insurance entitlement, any category of premium pay entitlement, lump-sum leave, or any other entitlement that is computed on basic pay.

(h) No incentive payments shall be paid to:

(1) An employee retiring under the law enforcement provisions of 5 U.S.C. § 8336(c), the discontinued service/involuntary retirement provisions of 5 U.S.C. § 8336(d) (1), or the disability retirement provisions of 5 U.S.C. § 8337; or

(2) An employee who is a reemployed annuitant under the provisions of 5 U.S.C. § 8334.


(Sept. 26, 1995, D.C. Law 11-52, § 901, 42 DCR 3684.)

Prior Codifications

1981 Ed., § 31-1271.

Emergency Legislation

For temporary establishment of a District of Columbia Teachers’ Defined Benefit Pension Program, see title II, §§ 101-509 of the Police Officers’, Firefighters’ and Teachers’ Defined Benefit Pension Program Emergency Establishment Act of 1996 (D.C. Act 11-369, August 21, 1996, 43 DCR 4637).

For temporary amendment of section, see title III, § 104 of the Police Officers’, Firefighters’ and Teachers’ Defined Benefit Pension Program Emergency Establishment Act of 1996 (D.C. Act 11-369, August 21, 1996, 43 DCR 4637).

Section 5 of D.C. Law 11-218 repealed D.C. Act 11-369.

For temporary repeal of the Police Officers’, Fire Fighters’, and Teachers’ Defined Benefit Pension Program Emergency Establishment Act of 1996 (D.C. Act 11-369, August 21, 1996, 41 DCR 4637), see § 5 of the New Hires Police Officers, Fire Fighters, and Teachers Pension Modification Emergency Amendment Act of 1996 (D.C. Act 11-428, October 29, 1996, 43 DCR 6147), and § 5 of the New Hires Police Officers, Fire Fighters, and Teachers Pension Modification Congressional Adjournment Emergency Amendment Act of 1997 (D.C. Act 12-10, March 3, 1997, 44 DCR 1633).

For temporary (90 day) amendment of section, see § 2 of Teacher Retirement Incentive Program Emergency Act of 2004 (D.C. Act 15-422, May 10, 2004, 51 DCR 5179).

For temporary (90 day) amendment of section, see § 2 of Teacher Retirement Incentive Program Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-517, August 2, 2004, 51 DCR 8990).

Temporary Legislation

Section 2 of D.C. Law 15-184, in subsec. (a), substituted “the personnel authority of the Board of Education, who are enrolled in retirement systems established pursuant to An Act For the retirement of public-school teachers in the District of Columbia, approved August 7, 1946 (60 Stat. 875; D.C. Official Code §§ 38-2021.0138-2021.23), commonly known as the ‘District of Columbia Teachers’ Retirement System’.”’ for “the personnel authority of the Board of Education.”; repealed subsec. (c); and rewrote subsecs. (d) and (e) to read as follows:

“(d) The program shall be limited to employees who are eligible to voluntarily retire on or before May 14, 2004, pursuant to section 3 of An Act For the retirement of public-school teachers in the District of Columbia, approved August 7, 1946 (60 Stat. 875; D.C. Official Code § 38-2021.03), and who declare their intent to retire between April 1, 2004 and May 14, 2004, with an effective retirement date between June 25, 2004 and June 30, 2004.”

“(e) The program shall offer a retirement incentive of an amount to be determined by the Board, not to exceed $23,250, to be paid in one installment.”

Section 4(b) of D.C. Law 15-184 provided that the act shall expire after 225 days of its having taken effect.