§ 38–2021.03. Voluntary and involuntary retirement.

(a) Any teacher who completes 5 years of eligible service and who is separated from the service: (1) after becoming 55 years of age and completing 30 years of service; (2) after becoming 60 years of age and completing 20 years of service; (3) after becoming 62 years of age; or (4) in the case of any teacher hired on or after the first day of the first pay period which begins after October 29, 1996, after completing 30 years of service; is entitled to an annuity.

(b)(1) Any teacher who completes 5 years of eligible service and who is involuntarily separated from the service, except by removal for cause on charges of misconduct or delinquency, after: (1) completing 25 years of service; or (2) becoming 50 years of age and completing 20 years of service; is entitled to an annuity reduced by one sixth of 1% for each full month such teacher is under the age of 55 years at the date of his separation from the service.

(2) For the purposes of this subsection, the term:

(A) “Excessing” means the elimination of a teacher’s position at a particular school, when such an elimination is not a reduction in force or abolishment, due to a:

(i) Decline in student enrollment;

(ii) Reduction in the local school budget;

(iii) Closing or consolidation;

(iv) Restructuring; or

(v) Change in the local school program.

(B) “Involuntarily separated” includes the excessing of a permanent status teacher, without regard to whether the teacher chose to reject options available to him or her, such as finding a placement elsewhere in the public schools of the District of Columbia.

(c-1) A teacher who completes 5 years of eligible service shall be 100% vested.

(d)(1) The length of a teacher’s service shall be computed in accordance with § 38-2021.08.

(2) The amount of an annuity authorized by this section shall be computed in accordance with § 38-2021.05.

(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.

(e) Any teacher who completes 5 years of vested service may voluntarily retire from the service on or before December 31, 1980, after completing 20 years of service and shall be entitled to an annuity computed in accordance with subsection (b) of this section; provided, that the amortization payment to the District of Columbia Retirement Board for the District of Columbia Teachers’ Retirement Fund shall be made from appropriations of the Board of Education; except that any teacher hired on or after the first day of the first pay period which begins after October 29, 1996, who completes 30 years of service shall be entitled to an annuity computed in accordance with § 38-2021.05.

(f)(1) In the event of a major reorganization, a major reduction in force, or a major transfer of functions in which a significant percentage of Board of Education employees will be separated or subject to an immediate reduction in the rate of basic pay or a furlough, the Board of Education is authorized to offer voluntary retirement to the following eligible teachers:

(A) Teachers who have completed 25 years of service; and

(B) Teachers who have reached 50 years of age and completed 20 years of service.

(2) Teachers who accept voluntary retirement under paragraph (1) of this subsection shall:

(A) Receive an annuity reduced by 1/6 of 1% for each full month such teacher is under the age of 55 years at the date of his or her separation from the service; and

(B) Be eligible for the early out retirement incentive program established by § 38-2021.03.

(Aug. 7, 1946, 60 Stat. 876, ch. 779, § 3; Mar. 6, 1952, 66 Stat. 17, ch. 95,§ 2; June 4, 1957, 71 Stat. 46, Pub. L. 85-46, § 1; Dec. 29, 1967, 81 Stat. 747, Pub. L. 90-231, § 1(2); Mar. 4, 1981, D.C. Law 3-128, § 9, 28 DCR 246; Mar. 5, 1981, D.C. Law 3-133, § 5, 27 DCR 4417; May 21, 1988, D.C. Law 7-111, § 2, 35 DCR 2674; Sept. 26, 1995, D.C. Law 11-52, § 902, 42 DCR 3684; Apr. 9, 1997, D.C. Law 11-218, § 4(b), 43 DCR 6172; May 1, 2013, D.C. Law 19-312, § 2(b), 60 DCR 3434; Sept. 19, 2013, D.C. Law 20-16, § 2, 60 DCR 9837.)

Prior Codifications

1981 Ed., § 31-1224.

1973 Ed., § 31-723.

Section References

This section is referenced in § 38-2021.04, § 38-2021.05, and § 38-2021.09.

Effect of Amendments

The 2013 amendment by D.C. Law 19-312 added (c-1).

The 2013 amendment by D.C. Law 20-16 added the (1) designation to the existing text of (b); and added (b)(2).

Emergency Legislation

For temporary amendment of section, see § 4(b) 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 4(b) 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 addition of (c), see § 2(b) of the Retirement of Public-School Teachers Omnibus Emergency Amendment Act of 2012 (D.C. Act 19-584, January 1, 2013, 60 DCR 134).

For temporary (90 days) amendment of this section, see § 2(b) of the Retirement of Public-School Teachers Omnibus Congressional Review Emergency Act of 2013 (D.C. Act 20-41, March 25, 2013, 60 DCR 5361, 20 DCSTAT 527).

For temporary (90 days) amendment of this section, see § 2 of the Teachers’ Retirement Emergency Act of 2013 (D.C. Act 20-72, May 16, 2013, 60 DCR 7243, 20 DCSTAT 1421).

For temporary (90 days) amendment of this section, see § 2 of the Teachers’ Retirement Congressional Review Emergency Amendment Act of 2013 (D.C. Act 20-146, July 31, 2013, 60 DCR 11807, 20 DCSTAT 1998).

Temporary Legislation

Section 2(b) of D.C. Law 19-313 added a new subsection (c-1) to read as follows:

“(c-1) A teacher who completes 5 years of eligible service shall be 100% vested.”

Section 4(b) of D.C. Law 19-313 provided that the act shall expire after 225 days of its having taken effect.