Subchapter V. Responsibilities of District Government.

§ 1–809.01. Interim administration.

(a) Administration of benefits until appointment of trustee. — Notwithstanding subchapter II of this chapter, after the enactment of this chapter the District Government shall continue to discharge its duties and responsibilities under the District Retirement Program and the District Retirement Fund (as such duties and responsibilities are modified by this chapter), including the responsibility for Federal benefit payments, until such time as the Secretary notifies the District Government that the Secretary has directed the Trustee to carry out the duties and responsibilities required under the contract.

(b) Reimbursement. — The Secretary or the Trustee shall, at such times during or after the period of interim administration described in subsection (a) of this section as are deemed appropriate by the Secretary or the Trustee, reimburse the District Government for any administrative expenses incurred by the District Government in carrying out subsection (a) of this section:

(1) If the Secretary or the Trustee finds such expenses to be reasonable and necessary; and

(2) To the extent that the District Government is not reimbursed for such expenses from other sources.

(c) Making District Retirement Fund whole. — The District Government shall reimburse the District Retirement Fund for any benefits paid inconsistent with this chapter from the District Retirement Fund between the freeze date and such time as the Secretary notifies the District government that the Secretary has directed the Trustee to carry out the duties and responsibilities required under the contract.

(Aug. 5, 1997, 111 Stat. 725, Pub. L. 105-33, § 11041; Oct. 21, 1998, 112 Stat. 2681-531, Pub. L. 105-277, § 801(e); Apr. 12, 2000, D.C. Law 13-91,§ 112, 47 DCR 520; Dec. 23, 2004, 118 Stat. 3969, Pub. L. 108-489, § 2(d).)

Prior Codifications

1981 Ed., § 1-765.1.

Section References

This section is referenced in § 1-711, § 1-807.02, and § 1-821.01.

Effect of Amendments

D.C. Law 13-91 validated a previously made technical amendment in subsec. (b).

Pub. L. 108-489, in subsec. (b), deleted “from Trust Fund” from the heading.

Cross References

Retirement program management, District of Columbia Retirement Board, see § 1-711.

§ 1–809.02. Replacement plan.

(a) Adoption by District Government. — Not later than one year after August 5, 1997, the District Government shall adopt a replacement plan for pension benefits for covered District employees, effective as of the freeze date.

(b) Replacement plan imposed if District Government fails to adopt plan. — If the District Government fails to adopt a replacement plan within the period prescribed in subsection (a) of this section, the retirement program applicable to police, firefighters, and teachers under the laws of the District of Columbia in effect as of June 1, 1997 (except as otherwise amended by this act), including all requirements of the program regarding benefits, contributions, and cost-of-living adjustments, shall be treated as the replacement plan for purposes of this chapter.

(c) No payment of amounts paid as Federal benefit payment. — Notwithstanding any provision of the Reform Act or any other law, rule, or regulation, the District Government is not required to pay any amount under any replacement plan under this chapter if the amount is paid as a Federal benefit payment under this chapter.