§ 11–1564. Computation of retirement salary; election to credit other service.

(a) The retirement salary of a judge who retires pursuant to section 11-1562(a) and (b) shall be paid annually in equal monthly installments during the remainder of the judge’s life and shall bear the same ratio to the judge’s basic salary immediately prior to the date of the judge’s retirement as the total of the judge’s aggregate years of service bears to the period of thirty years. A judge who elects to receive a reduced retirement salary pursuant to section 11-1562(b)(2) shall have retirement salary reduced by one-twelfth of 1 per centum for each month or fraction of a month the judge is under the age of sixty at the time of the commencement of reduced retirement salary. In no event shall the retirement salary (including the amount provided by subsection (c) of this section) of a judge exceed 80 per centum of the judge’s basic salary immediately prior to the date of the judge’s retirement.

(b) The retirement salary of a judge retired for disability pursuant to section 11-1526(b) or section 11-1562(c) or (d) shall be paid annually in equal monthly installments during the remainder of the judge’s life and shall be computed as provided in subsection (a). If a judge is retired for disability, the judge’s retirement salary shall not be reduced because of the judge’s age at the time of retirement. In no event shall the retirement salary of a judge retired for disability be less than 50 per centum or exceed 80 per centum of the judge’s basic salary immediately prior to the date of the judge’s retirement.

(c) In computing the retirement salary of a judge retiring under section 11-1562, the judge shall be entitled, if the judge so elects during the continuance of judicial service or at the time of retirement, to receive, in addition to the amount provided for in subsection (a) of this section, an amount (payable annually in equal monthly installments during the remainder of the judge’s life) based on military and civilian service performed by the judge which is creditable under section 8332 of title 5, United States Code, computed in accordance with section 8339 (a), (b), (c), (d), (g), and (h) of that title, as applicable, subject to the provisions of section 8334 (c) and (d) of that title and the provisions of subsection (d) of this section; except that average pay for the purpose of the computation shall be deemed to be the basic salary of the judge immediately prior to the date of retirement under section 11-1562.

(d)(1) The crediting of service with respect to any judge under subsection (c) of this section shall be made on the standard basis of a deposit in the sum equal to 3 1/2 per centum of the judge’s basic salary, pay, or compensation for civilian service creditable under section 8332 of title 5, United States Code, with interest as provided in paragraph (2) of this subsection.

(2) Interest on deposits under this subsection and section 11-1567(b) shall be computed as follows:

(A) Interest shall be paid at a rate which (as determined by the Secretary of the Treasury) is equal to the average rate of return on investment (adjusted to the nearest one-eighth of 1 per centum) for the District of Columbia Judges’ Retirement Fund (established by section 1-714) or the District of Columbia Judicial Retirement and Survivors Annuity Fund (established by section 11-1570) for the period beginning on the first day of the first month which begins after the end of the service period with respect to which the deposit is made and ending on the last day of the month which precedes the month during which the deposit is made if the judge makes a lump-sum payment or during which the judge makes the first payment if the judge makes installment deposits, except that —

(i) for so much of any such period which occurs between the end of the 90-day period beginning on the date of the enactment of the District of Columbia Retirement Reform Act (sec. 1-701 et seq.) and October 1, 1980, the average rate of interest on interest-bearing obligations of the United States forming a part of the public debt (adjusted to the nearest one-eighth of 1 per centum) shall be used in determining the interest rate to be paid on deposits;

(ii) for so much of any such period which occurs between January 1, 1948, and the end of the 90-day period beginning on the date of the enactment of the District of Columbia Retirement Reform Act (sec. 1-701 et seq.), the rate of 3 per centum a year, compounded annually, shall be used in determining the interest rate to be paid on deposits; and

(iii) for so much of any such period which occurs prior to January 1, 1948, the rate of 4 per centum a year, compounded annually, shall be used in determining the interest rate to be paid on deposits.

(B) Interest shall be payable for the period beginning on the first day of the first month which begins after the end of the service period with respect to which the deposit is made and ending on the last day of the month which precedes the month during which the deposit is made.

(C) If a judge elects to make deposit in installments, each payment shall include interest on that portion of the refund which is then being redeposited.

Interest may not be charged for a period of separation from the service which began before October 31, 1956.

(3) Deposit under this subsection may not be required for —

(A) service before August 1, 1920;

(B) military service; or

(4) If a judge elects to be credited with service under subsection (c) of this section, the judge’s lump-sum credit, or any remaining balance thereof, in the Civil Service Retirement and Disability Fund or in the retirement fund of any other retirement system for civilian employees of the Government of the United States or the District of Columbia, shall be transferred to the District of Columbia Judicial Retirement and Survivors Annuity Fund under section 11-1570. The judge shall be deemed to consent to the transfer. The transfer shall be a complete discharge and acquittance of all claims and demands against the retirement system from which the funds were transferred on account of the service so credited.

(5) A judge whose lump-sum credit is transferred to the fund under paragraph (4) of this subsection is not required to make deposits in addition to the amount transferred for periods of service for which full contributions were made to the retirement system from which the transfer was made.

(6) In the case of a judge whose lump-sum credit has been transferred to the fund under paragraph (4) of this subsection and who has not elected a survivor annuity under section 11-1566, or prior corresponding provision of law, the Secretary of the Treasury shall refund to the judge any amount which the Secretary of the Treasury determines to be in excess of the amount of the deposit required by this subsection. In the case of a judge whose lump-sum credit has been transferred to the fund under paragraph (4) of this subsection and who, prior to the effective date of this section, had elected a survivor annuity and made deposits to the fund for survivor annuity purposes, the Secretary of the Treasury shall refund to the judge any amount which the Secretary of the Treasury determines in excess of the amount of the deposit required by section 11-1567.

(7) If any civilian service performed by the judge which is creditable under section 8332 of title 5, United States Code, is not covered by the amount of the lump-sum credit transferred under paragraph (4) of this subsection, the judge may make deposit, on the standard basis prescribed by paragraph (1) of this subsection, with interest as provided in paragraph (2) of this subsection, in accordance with and subject to the applicable provisions of section 8334(c) and (d) of that title, of the amount or amounts necessary for the judge to receive full credit for that service for the purposes of subsection (c) of this section. The deposit may be made, as the judge may elect, in installments, during the continuance of the judge’s judicial service, in such amounts as the Secretary of the Treasury may determine in each instance, or in a lump sum prior to or at the time of the judge’s retirement under section 11-1562. A judge electing to make installment deposits shall not be given full credit for the service until the total required deposit is made.

(8) For the purpose of survivor annuity, deposits authorized by this subsection also may be made by the survivor of a judge.

(e) Nothing in this subchapter shall prevent a judge eligible therefor from simultaneously receiving retirement salary under this section and any annuity or retired pay to which the judge would otherwise be entitled under any other law without regard to this subchapter. However, in computing the retirement salary of a judge under this section, service used in the computation of such other annuity shall not be credited.

(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)(3), 254(b)(2); June 13, 1994, Pub L. 103-266, §§ 1(b)(58)-(68), 108 Stat. 713; Aug. 5, 1997, 111 Stat. 759, Pub. L. 105-33, §§ 11253(a)(1), (a)(3), (c); Oct. 21, 1998, 112 Stat. 2423, Pub. L. 105-274, § 2(e)(5); Oct. 21, 1998, 112 Stat. 2681-537, Pub. L. 105-277, § 804(e)(5).)

Prior Codifications

1981 Ed., § 11-1564.

1973 Ed., § 11-1564.

Section References

This section is referenced in § 11-1563, § 11-1567, and § 11-1568.

References in Text

“The date of the enactment of the District of Columbia Retirement Reform Act, referred to in subsection (d)(2)(A)(i) and (ii), is November 17, 1979.

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, § 1-207.14(a)), appropriate changes in terminology were made, in brackets, in this section.