§ 1–725. Reduction in federal payment to Police Officers and Fire Fighters’ Retirement Fund resulting from disability retirements.

(a)(1) After January 1st, and before March 1st, of each year beginning with calendar year 1984 and ending with calendar year 2004, the enrolled actuary engaged pursuant to § 1-722 shall, with respect to the District of Columbia Police Officers and Fire Fighters’ Retirement Fund:

(A) Determine, in accordance with paragraph (2) of this subsection, the disability retirement rate for the preceding calendar year; and

(B) Determine if such disability retirement rate for such preceding calendar year is greater than eight tenths of a percentage point.

(2) For the purposes of subparagraph (A) of paragraph (1) of this subsection, the disability retirement rate for the applicable calendar year shall be an amount equal to a fraction, the numerator of which is the number of officers and members of the Metropolitan Police force and the Fire Department of the District of Columbia who first became officers or members on or before February 14, 1980, and who retired on disability during such applicable year under § 5-709(a) or § 5-710(a) (but such numerator shall not include any such officer or member whose retirement is ordered by a court of competent jurisdiction), and the denominator of which is the total number of such officers and members who were on active duty on January 1st of such applicable calendar year.

(3) The enrolled actuary shall report the determinations (including related documents and information) made under paragraph (1) of this subsection to the Board and to the Comptroller General of the United States not later than March 1st of each year.

(b) The Board shall transmit a copy of each such report by the enrolled actuary under subsection (a) of this section to the Speaker of the House of Representatives, the President pro tempore of the Senate, the chairman of the Committee on Governmental Affairs of the Senate, the chairman of the Committee on the District of Columbia of the House of Representatives, the chairman of the Committee on Appropriations of the Senate, the chairman of the Committee on Appropriations of the House of Representatives, the Mayor of the District of Columbia, and the Council of the District of Columbia, not later than March 31st of the calendar year in which the report is made, and shall submit comments on such report.

(c)(1) Notwithstanding any other provision of this chapter, with respect to the fiscal year commencing October 1, 1984, and each fiscal year thereafter through the fiscal year commencing October 1, 2004, the authorization under § 1-724(a)(1) for each such fiscal year shall be deemed, for purposes of such section, to be reduced in the amount hereafter provided, if the report, submitted by the enrolled actuary pursuant to subsection (a) of this section in the calendar year in which such fiscal year commences, states that the disability retirement rate under subsection (a) of this section for the preceding calendar year is greater than eight tenths of a percentage point. The amount of such reduction shall be 1 /12 per centum for each whole tenth of a percentage point by which the disability retirement rate is greater than eight tenths of a percentage point.

(2) There shall be no reduction pursuant to § 1-724(a)(1) and paragraph (1) of this subsection for any such fiscal year, if, in computing the disability retirement rate under subsection (a) of this section for the calendar year preceding the calendar year in which such fiscal year commences, the numerator is less than 8.

(3)(A) If the Board determines, on the basis of substantial facts, that unordinary circumstances or events of catastrophic magnitude, such as a fire or civil disorder, caused or significantly contributed to the number of disability retirements under § 5-710(a) during a calendar year covered by the report submitted by the enroll ed actuary pursuant to subsection (a) of this section, it shall submit a detailed statement on such circumstances and events to the Federal Emergency Management Agency. Such statement shall be submitted on or before July 1st of the calendar year next following the calendar year covered by such report. The statement shall contain, among other matters, data on the total number of disability retirements under §§ 5-709(a) and 5-710(a) for the applicable calendar year, the number of such retirements under § 5-710(a) which, in the opinion of the Board, were caused or significantly contributed to by such circumstances or events, and an explanation as to why the Board considers such events or circumstances to be unordinary and of a catastrophic magnitude.

(B) The Federal Emergency Management Agency shall review the Board’s report and provide the Board its assessment within 60 days of receipt of the Board’s report, of the scope, nature, involvement, and impact on District of Columbia police officers and firefighters of the events determined by the Board to be of unordinary and of a catastrophic nature. The Agency shall submit copies of its assessment to the Board and the offices and officers set forth in subsection (b) of this section.

(C)(1) The Board, on the basis of such reports from the Federal Emergency Management Agency, shall determine the extent to which such disability retirements which such Agency determined were caused or contributed to by such events and circumstances caused a reduction in the amount appropriated to the Fund as provided under this subsection. The Board shall report the amount of such reduction so caused to the offices and officers set forth in subsection (b)(1) of this section. Such reports shall be submitted on or before December 31st of the calendar year in which the Board receives such report of the Federal Emergency Management Agency.

(2) In addition to the amount authorized to be appropriated to the Fund for any fiscal year under § 1-724(a)(1), there is authorized to be appropriated for the fiscal year commencing October 1, 1984, and each fiscal year thereafter, such sum as may be necessary to pay to the Fund an amount equal to the amount of any reduction, plus interest lost to the Fund because of the reduction, for a fiscal year as reported to the offices and officers of the Congress pursuant to paragraph (1) of this subsection, but in no case shall any moneys be appropriated on the basis of the authorization pursuant to this paragraph except to the extent that any such reduction was actually made.

(Nov. 17, 1979, 93 Stat. 866, Pub. L. 96-122, § 145; Sept. 30, 1983, 97 Stat. 727, Pub. L. 98-104; June 30, 1994, D.C. Law 10-135, § 201(b)(2), 41 DCR 2618; Oct. 29, 1997, 110 Stat. 3841, Pub. L. 104-316, § 129.)

Prior Codifications

1981 Ed., § 1-725.

1973 Ed., § 1-1825.

Section References

This section is referenced in § 1-722 and § 1-724.

Editor's Notes

Exclusion for certain retirees: Section 133(a) of Pub. L. 102-111, the District of Columbia Appropriations Act, 1992, provided that up to 75 officers or members of the Metropolitan Police Department who were hired before February 14, 1980, and who retire on disability retirement under subsection (a) of this section, for purposes of reducing the authorized Federal payment to the District of Columbia Police Officers’ and Fire Fighters’ Retirement Fund pursuant to subsection (c) of this section. Mayor authorized to hire actuary: Section 143(b) of Pub. L. 104-194, 110 Stat. 2376, the District of Columbia Appropriations Act, 1997, provided that the Mayor, within 30 days after the enactment of this act, shall engage an enrolled actuary, to be paid by the District of Columbia Retirement Board, and shall comply with the requirements of §§ 1-722(d) and 1-724(d).