§ 5–745. Pension relief allowance or retirement compensation increase.

(a) Notwithstanding § 5-743, each individual heretofore or hereafter retired from active service and entitled to receive a pension relief allowance or retirement compensation under the provisions of subchapter I of this chapter shall be entitled to receive, without making application therefor, with respect to each increase in salary granted by this act, or hereafter granted by law to which such individual would be entitled if he were in active service, an increase in his pension relief allowance or retirement compensation. Except as otherwise provided in this section, such increase shall be in an amount which bears the same ratio to such increase in salary as the amount of each such individual’s pension relief allowance or retirement compensation in effect on the day next preceding such salary increase bore to the salary to which he would have been entitled had he been in active service on the day next preceding such salary increase.

(b) The increase prescribed by subsection (a) of this section in the pension relief allowance or retirement compensation received by an individual retired from active service before the effective date of the District of Columbia Police and Firemen’s Salary Act Amendments of 1972 under subchapter I of this chapter as a result of the increase in salary provided by the District of Columbia Police and Firemen’s Salary Act Amendments of 1972 shall not be less than 17% of such allowance or compensation.

(c) Each individual retired from active service and entitled to receive a pension relief allowance or retirement compensation under subchapter I of this chapter shall be entitled to receive, without making application therefor, with respect to each increase in salary, granted by any law which takes effect after the effective date of the District of Columbia Police and Firemen’s Salary Act Amendments of 1972, to which he would be entitled if he were in active service, an increase in his pension relief allowance or retirement compensation computed as follows: His pension relief allowance or retirement compensation shall be increased by an amount equal to the product of such allowance or compensation and the per centum increase made by such law in the scheduled rate of compensation to which he would be entitled if he were in active service on the effective date of such increase in salary.

(d) Each increase in pension relief allowance or retirement compensation made under this section because of an increase in salary shall take effect as of the 1st day of the 1st month following the effective date of such increase in salary.

(e) This section shall not apply with respect to officers and members of the Metropolitan Police force or the Fire Department of the District of Columbia who retire after the effective date of this subsection.

(June 20, 1953, 67 Stat. 75, ch. 146, title III, § 301; Aug. 29, 1972, 86 Stat. 640, Pub. L. 92-410, title I, § 114; Nov. 17, 1979, 93 Stat. 866, Pub. L. 96-122, § 209(c).)

Prior Codifications

1981 Ed., § 4-605.

1973 Ed., § 4-518.

Section References

This section is referenced in § 5-544.01 and § 5-561.02.

Emergency Legislation

For temporary amendment of section, see § 513 of the Omnibus Budget Support Emergency Act of 1995 (D.C. Act 11-44, April 28, 1995, 42 DCR 2217).

References in Text

“This act,” referred to in the first sentence of subsection (a) of this section, means the Act of June 20, 1953, 67 Stat. 75, ch. 146.

Editor's Notes

Section 9 of D.C. Law 4-78 provided that for the purposes of implementing the automatic equalization provisions of subsection (c) of this section, the “early reporting time stipends” paid to active members of the Metropolitan Police Department pursuant to the negotiated agreement between the International Brotherhood of Police Officers and the District of Columbia government, signed by the Mayor on July 15, 1981, and submitted to the Council on July 29, 1981, shall be considered to be a salary increase within the scope of the equalization clause, and shall be included for the purpose of computing increases in retirement benefits pursuant to the equalization clause for those retired members who would have received such early reporting time stipend payments had they been on active service when such payments are made.

Full Funding of Pension Liability Reform Amendment Act of 1994: Section 303(b) of D.C. Law 10-135 amends § 5-745(e) by striking the phrase “who retire after the effective date of this act.”

Section 401 of D.C. Law 10-135 provided that notwithstanding any other law, title 1 §§ 101(b)(1) and (2), and titles II and III, shall apply to any action or transaction taken or undertaken with respect to the Police Officers and Fire Fighters’ Retirement Fund, the Teachers’ Retirement Fund and the Judges’ Retirement Fund on and after October 1, 1995.

Section 501 of D.C. Law 10-135 provided that the act shall take effect on the later of: (1) completion of the 30-day period of Congressional review following approval by the Mayor (or in the event of veto by the Mayor, action by the Council of the District of Columbia to override the veto) as provided in § 1-206.02(c)(1), and publication in either the District of Columbia Register, the District of Columbia Statutes-at-Large, or the District of Columbia Municipal Regulations; or (2) enactment by Congress of titles II and III, of this act and of an amendment to D.C. Code § 11-1563 which amends the first sentence in subsection (a) by inserting after “per centum” the following: “(or, with respect to each pay period which begins on or after October 1, 1995, 4 1/2 per centum)” and an amendment to D.C. Code § 11-1564 (d)(1) which inserts after “United States Code,” the following: “with respect to services performed before October 1, 1995, and equal to 4 1/2 per centum of such salary, pay, or compensation with respect to services performed on or after October 1, 1995,”.

Section 3(b) of Pub. L. 111-282 provided:

“(b) IMPACT ON BENEFITS UNDER THE DISTRICT OF COLUMBIA POLICE AND FIREFIGHTERS’ RETIREMENT AND DISABILITY SYSTEM. —

“(1) SALARY INCREASES FOR PURPOSES OF CERTAIN PENSIONS AND ALLOWANCES.—For purposes of section 3 of the Act entitled ”An Act to provide increased pensions for widows and children of deceased members of the Police Department and the Fire Department of the District of Columbia“, approved August 4, 1949 ( sec. 5-744, D.C. Official Code) and section 301 of the District of Columbia Police and Firemen’s Salary Act of 1953 ( sec. 5-745, D.C. Official Code)—

“(A) the conversion of positions and members of the United States Secret Service Uniformed Division to appropriate ranks in the salary schedule set forth in this Act and the amendments made by this Act shall not be treated as an increase in the salary of individuals who are members of the United States Secret Service Uniformed Division on the date of the enactment of this Act; and

“(B) any adjustment of rates of basic pay of those positions and individuals in accordance with this Act and the amendments made by this Act which is made after such conversion shall be treated as an increase in the salary of individuals who are members of the United States Secret Service Uniformed Division on the date of the enactment of this Act.”

“(2) TREATMENT OF RETIREMENT BENEFITS AND PENSIONS OF CURRENT AND FORMER MEMBERS.—Except as otherwise provided in this Act, nothing in this Act shall affect retirement benefits and pensions of current members and former members who have retired under the District of Columbia Police and Firefighters’ Retirement and Disability System.”

Section 4(a) of Pub. L. 111-282 provided:

“(a) IN GENERAL.—To the extent that any provision of any law codified in the District of Columbia Official Code that authorizes an entitlement to pay or hours of work for current members of the United States Secret Service Uniformed Division is not expressly revoked by this Act, such provision shall not apply to such members after the effective date of this Act.”