§ 11–1563. Withholding of retirement payments; lump-sum credit.

(a) There shall be deducted and withheld from the basic salary of each judge appointed after October 31, 1964, and each judge appointed before November 1, 1964, who has elected to come within the provisions of this subchapter an amount equal to 3 1/2 per centum of the judge’s basic salary. Amounts so deducted and withheld shall be paid to the Secretary of the Treasury for deposit in the fund. Each judge subject to this section shall be deemed to consent and agree to such deductions from basic salary, and payment less such deductions shall constitute a full and complete discharge and acquittance of all claims and demands whatsoever for all regular service during the period covered by such payment, except the right to the benefits to which the judge shall be entitled under this subsection, notwithstanding any law, rule, or regulation affecting the judge’s salary.

(b) If the judge has not previously so deposited, each judge subject to this section shall deposit in the fund, with interest computed in accordance with section 11-1564(d)(2), a sum equal to 3 1/2 per centum of the judge’s basic salary received for judicial service performed by the judge as a judge prior to the date the judge became subject to the District of Columbia Judges Retirement Act of 1964. Each judge may elect to make such deposits in installments during the continuance of the judge’s judicial service in such amounts as may be determined in each instance by the Secretary of the Treasury. Notwithstanding the failure of any judge to make such deposits, credit shall be allowed for the service rendered but the retirement pay for such judge shall be reduced by 10 per centum of such deposit remaining unpaid unless the judge shall elect to eliminate the service involved for purposes of retirement salary computation, except as provided in section 11-1564(d).

(c) If any judge who is subject to this section is removed, resigns, or fails to be recommissioned or reappointed, the judge is entitled to be paid his [the judge’s] lump-sum credit for retirement if application for payment is filed with the Secretary of the Treasury at least thirty-one days before the commencing date of any retirement salary for which the judge is eligible. The receipt of the lump-sum credit for retirement by the judge voids all retirement salary rights under this subchapter, until the judge is reemployed in judicial service subject to this subchapter.

(d) If a judge who has not elected to be within the survivor annuity provisions of this subchapter dies while in regular active service, or while receiving retirement salary under this subchapter but before having recouped all contributions, the lump-sum credit for retirement or the balance after deduction of retirement salary paid prior to death, if applicable, shall be paid, upon the establishment of a valid claim therefor, to the person or persons surviving the judge in the order of precedence established in section 11-1569(b). Such payments shall be a bar to recovery by any other person.

(July 29, 1970, 84 Stat. 501, Pub. L. 91-358, title I, § 111; Nov. 17, 1979, 93 Stat. 866, Pub. L. 96-122, §§ 124(b)(2), 254(b)(1); Oct. 1, 1989, 102 Stat. 2269-12, Pub. L. 100-462, § 135(a); June 13, 1994, Pub. L. 103-266, §§ 1(b)(55)-(57), 108 Stat. 713; Aug. 5, 1997, 111 Stat. 759, Pub. L. 105-33, §§ 11253(a)(1), (a)(4).)

Prior Codifications

1981 Ed., § 11-1563.

1973 Ed., § 11-1563.

References in Text

The District of Columbia Judges Retirement Act of 1964, referred to in the first sentence in subsection (b) of this section, is the Act of October 13, 1964, 78 Stat. 1055, Pub. L. 88-644.

Change in Government

This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.13(a)), appropriate changes in terminology were made, in brackets, in this section.