§ 1–626.04. Definitions.

For the purpose of §§ 1-626.05 through 1-626.12, the term:

(1)(A) “Creditable service” means the period of employment to be recognized for purposes of eligibility for retirement benefits, which shall be set forth in rules promulgated by the Mayor pursuant to § 1-626.08.

(B) For purposes of vesting pursuant to § 1-626.10(b), creditable service for employees whose participation in the District Defined Contribution Plan ceases as a result of the implementation of the National Capital Revitalization and Self-Government Improvement Act of 1997, approved August 5, 1997 (Pub.L. No. 105-33), shall also include continuous service performed by nonjudicial employees of the District of Columbia courts after September 30, 1997, or service performed for a successor employer that provides the services previously performed by the District government toward the vesting requirement of the Defined Contribution Plan.

(C)(i) For purposes of vesting pursuant to § 1-626.10(b), and notwithstanding any other provision of law or any prior agreement with the Public Defender Service for the District of Columbia, creditable service with the District for employees of the Public Defender Service of the District of Columbia hired on or after October 1, 1987 and before September 16, 1991 shall be calculated to include service beginning as of the commencement of employment.

(ii) This subparagraph shall apply as of October 1, 1987.

(2) “Detention officer” means an employee who is not covered by the Police and Fire Retirement System, whose duties are primarily the investigation, apprehension, or detention of individuals suspected or convicted of offenses against, or violation of, the laws of the United States or the District and whose duties may require frequent contact, supervision, inspection, training, employment, care, transportation, or rehabilitation of individuals in detention. The term “detention officer” includes:

(A) Employees engaged in the activities listed above who are transferred to a supervisory or administrative position;

(B) Employees of the District of Columbia Department of Corrections, its industries, and utilities who are engaged in the activities listed above;

(C) Employees of the Department of Human Services who are engaged in the activities listed above; and

(D) Members of the Board of Parole, parole officers, and probation officers who are engaged in the activities listed above.

(3) “Employee” means an individual first employed by the government of the District after September 30, 1987, who would have been covered by the Civil Service Retirement System pursuant to 5 U.S.C. § 8331 had the employee been first employed prior to October 1, 1987.

(4) “Internal Revenue Code” means the Internal Revenue Code of 1986, approved October 22, 1986 (100 Stat. 2085; 26 U.S.C. § 1 et seq.).

(5)(A) “Fiduciary” means, except as otherwise provided in subparagraph (B) of this paragraph, any individual who, with respect to the District retirement benefits program:

(i) Exercises any discretionary authority or discretionary control respecting management of the Section 401(a) Trust established by § 1-626.11 or exercises any discretionary authority or discretionary control respecting management of the Trust’s assets;

(ii) Renders investment advice for a fee or other compensation, direct or indirect, with respect to any monies or other property of the Trust, or has any authority or responsibility to do so; or

(iii) Has any discretionary authority or discretionary responsibility in the administration of the Trust.

(B) If any money or other property of the Trust is invested in securities issued by an investment company registered under An Act to provide for the registration and regulation of investment companies and investment advisers, and for other purposes (15 U.S.C. § 80a-1 et seq.), that investment shall not by itself cause the investment company or the investment company’s adviser or principal underwriter to be deemed a fiduciary or a party in interest as those terms are defined in this chapter. Nothing contained in this subparagraph shall limit the duties imposed on that investment company, investment adviser, or principal underwriter by any other law.

(6) The term “party in interest” means:

(A) Any person having fiduciary responsibilities to the Trust;

(B) Any person providing services to the Trust;

(C) The government of the District of Columbia;

(D) An employee organization recognized as an exclusive representative of any participants in the Trust for purposes of collective bargaining pursuant to § 1-617.10; and

(E) A spouse or domestic partner, ancestor, lineal descendant, or spouse or domestic partner of a lineal descendant of any individual described in subparagraph (A) or (B) of this paragraph.

(7) The term “Trust” shall mean the Section 401(a) Trust established by § 1-626.11.