Code of the District of Columbia

Subchapter IV. Miscellaneous.


§ 38–2061.01. Employment of retired teachers.

Notwithstanding any other provision of law, the salary of any retired teacher who first becomes entitled to an annuity under this subchapter after November 17, 1979, 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 part A of subchapter II of this chapter and compensation for such employment is equal to the salary otherwise payable for the position held by such teacher. No salary subject to this reduction shall be reduced to less than any applicable minimum wage set forth in the Fair Labor Standards Act of 1938, approved June 25, 1938 (52 Stat. 1060; 29 U.S.C. § 201 et seq.), or any other applicable federal minimum wage statute or regulation.


(Aug. 7, 1946, 60 Stat. 875, ch. 779, § 25; as added Nov. 17, 1979, 93 Stat. 922, Pub. L. 96-122, § 257; Mar. 10, 2015, D.C. Law 20-198, § 5, 61 DCR 12450.)

Prior Codifications

1981 Ed., § 31-1245.

1973 Ed., § 31-739f.

Section References

This section is referenced in § 1-711.

Effect of Amendments

The 2015 amendment by D.C. Law 20-198 added the last sentence.

Cross References

District of Columbia retirement board, members entitled to compensation exempt from provisions of this section, see § 1-711.


§ 38–2061.02. Retirement credit for leave without pay.

Any teacher who, on or after June 27, 1960, retires pursuant to part A of subchapter II of this chapter shall be entitled to have included in the years of service creditable to him for retirement purposes any period of authorized leave of absence which was taken by him without pay, and for educational purposes; except that credit for any such period shall be conditioned upon payment by such teacher to the Custodian of Retirement Funds (as defined in § 1-702(6)), for deposit in the District of Columbia Teachers’ Retirement Fund established by § 1-713(a), of a sum equal to the accumulated contributions which would have been credited to his individual account if he had remained on active duty in the public schools of the District of Columbia during any such period plus interest computed in accordance with § 38-2023.14(b); provided, that in order to receive such retirement credit a teacher must produce evidence satisfactory to the Superintendent of Schools of the District of Columbia that the authorized leave of absence without pay was taken for educational purposes.


(June 27, 1960, 74 Stat. 222, Pub. L. 86-525; Nov. 17, 1979, 93 Stat. 866, Pub. L. 96-122, §§ 123(b)(3), 253(b).)

Prior Codifications

1981 Ed., § 31-1251.

1973 Ed., § 31-745.

Section References

This section is referenced in § 1-713, § 1-903.02, and § 38-2023.14.

Cross References

District of Columbia teachers retirement fund, see § 1-713.

Retirement fund for teachers, see § 1-903.02.