Chapter 39. For the retirement of public-school teachers in the District of Columbia
2,092 words·~10 min read·
/statutes-at-large/vol-41/chapter-39-1663228A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 39.— An Act For the retirement of public-school teachers in the District of Columbia. January 15, 1920. [[H. R. 5818](/us/bill/66/hr/5818).] [[Public, No. 111](/us/pl/66/111).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * That within sixty daysPublic Schools, District of Columbia.Deduction from pay of teachers to provide annuity on retirement. after the passage of this Act, there shall be deducted and withheld from the basic salary of every teacher in the public schools of the District of Columbia an amount computed to the nearest tenth of a dollar that will be sufficient, with interest thereon at 4 per centum per annum, compounded annually, to purchase, under the provisions of this Act, an annuity equal to 1 per centum of his average annualVol. 34, p. 316. basic salary received since the passage of Public Act Numbered 254, approved June 20, 1906, for each year of his whole term of service, payable monthly throughout life, for every such teacher who shall be retired, as herein provided.
The deductions herein provided for shall be based on such annuityBasis of deductions. table as the Secretary of the Treasury shall direct, and shall be varied yearly to correspond to any change in the basic salary of the teacher: *Provided, however*, That said deductions shall in no case*Provisos*.Maximum.Basic salary limited. exceed 8 per centum of his annual basic salary: *And provided further*, That when the basic salary exceeds $1,500 the deductions shall be made as on a basic salary of $1,500.
The Secretary of the Treasury shall cause to be filed with theCertificate of deduction for the year. Board of Education on September 10 of each year a certificate showing the amount of deduction to be made from the salary of each teacher during the year, said deduction to be made in equal amounts, one to be deducted for each school month. A similar certificate shall be filed not later than the 15th day of each calendar month to cover cases of new entrants. No deduction shall be made from less than an entire month’s salary.
Sec. 2. That the amount so deducted and withheld from the basicDeposit in the Treasury to credit of teacher. salary of every teacher shall be deposited in the Treasury of the United States, and shall be credited, together with interest at 4 per centum per annum, compounded annually, to an individual account of the teacher from whose salary the deduction is made. The fundInvestment of fund. thus created shall be held and invested by the Secretary of the Treasury until paid out as hereinafter provided, and the income derived 388from such investments shall constitute a part of said fund for the purpose of carrying out the provisions of this Act.
Sec. 3. Retirement for age. That any teacher who shall have reached the age of sixty-two may be retired by the Board of Education on its own motion, or shall be retired if application is made by the teacher. Any teacher who shall have readied the age of seventy shall be retired unless in the judgment of two-thirds of the Board of Education such teacher should be longer retained for the good of the service. Sec. 4. Retirement for disability. That any teacher who shall have reached the age of forty-five, or who shall have taught continuously for fifteen years in the public schools of the District of Columbia, and who by reason of accident or illness not due to vicious habits has become physically or mentally disabled and incapable of satisfactorily performing the duties of teacher, may be retired by the Board of Education under the provisions hereinafter stated.
Sec. 5. Annuity allowance. That following the passage of this Act every teacher who shall be retired under the provisions of section 3 or section 4 hereof Salary basis.shall receive during the remainder of his life an annuity composed of
(1)a sum equal to 1 per centum of his average basic salary received since the passage of Public Act Numbered 254, approved June 20, Longevity.1906, for each year of his whole term of service, and
(2)an additional sum of $10 for each year of said service, such annuity to be payable monthly and to cease and determine at his death. Sec. 6. Minimum. That the annuity of a teacher retired under the provisions of section 3 hereof shall not be less than $480, and the annuity of a teacher retired under section 4 hereof shall not be less than $420. Sec. 7. Longevity payable from District expenses. That the second part of the annuity provided for by section 5 hereof shall be paid by appropriations from the same fund as Insufficient salary deductions.the current expenses of the District of Columbia are now paid or may hereafter be paid; and if the deductions from a teacher’s salary made under section 1 and section 2 hereof with accumulated interest, shall be insufficient to pay the first part of the annuity provided for in section 5 hereof, the deficiency shall be paid by appropriations from the same fund as the current expenses of the District of Columbia are now paid or may hereafter be paid. Sec. 8. Allowance for outside school service. That in computing length of service of retiring teachers credit shall be given, year for year, but not to exceed ten years, for public-school service or its equivalent outside the District of Columbia. Service in District required for age retirement.No sum shall be paid to any teacher upon his retirement under the provisions of section 3 hereof unless he shall have been employed as a public-school teacher continuously in the District of Columbia from the time of his attainment of the age of fifty-two years. For disability.No sum shall be paid to any teacher upon his retirement under the provisions of section 4 hereof unless he shall have been employed continuously as a teacher in the public schools of the District of Columbia for ten years immediately prior to his retirement. Highest salary basis.When the average basic salary exceeds $1,500, the first part of the annuity provided for in section 5 hereof shall be based on an average basic salary of $1,500. Sec. 9. Refund to teachers leaving service. That upon separation of any teacher from the service of the public schools of the District of Columbia prior to the age of sixty-two years, except for disability, as provided in section 4 hereof, he shall receive the amount of his deductions, together with the interest then credited thereon, as provided in section 2 hereof. Conditions on reinstatement.No teacher who shall withdraw the amount of his deductions under this section shall, after reinstatement, be entitled to the benefits under section 6 unless he shall have served at least ten years after such reinstatement. In case of his reinstatement in the service of the public schools of the District of Columbia, the monthly deduc-389tions thereafter from his salary shall be computed as herein provided and from his age at the date of such reinstatement. Sec. 10. That in case of the death of a teacher while in the service,Payment from fund, if dying in service. the amount of his deductions, together with the interest then credited thereon, as provided in section 2 hereof, shall be paid to his legal representatives. In case of the death of an annuitant before he shall have receivedAnnuitant dying before receiving amount of deductions. annuity payments equal to the amount of his deductions, together with the interest credited thereon, as hereinbefore provided, the balance thereof remaining to his credit at the date of his death shall be paid to his legal representative. Sec. 11. That the provisions of this Act shall apply to all teachersEligibility. who were on the rolls of the public schools of the District of Columbia for the month of June, 1919, if otherwise eligible. Sec. 12. That every teacher who shall continue in the service ofContinuance in service deemed a consent to deductions. the public schools of the District of Columbia after the passage of this Act, as well as every person who hereafter may be appointed to a position as teacher in the public schools of the District of Columbia, shall be deemed to consent and agree to the deductions made and provided for herein, and the salary, pay, or compensation, which may be paid monthly or at any other time, shall be a full and complete discharge and acquittance of all claims and demands whatsoever for all services rendered by such teacher during the period covered by such payment, except his claim for the benefits to which he may be entitled under the provisions of this Act, notwithstanding the provisions of said Public Act Numbered 254, approved June 20,Vol. 34, p. 316. 1906, and of any other law, rule, or regulation affecting the salary, pay, or compensation of the teachers employed in the service of the public schools of the District of Columbia. Sec. 13. That nothing in this Act shall be construed to preventDischarges not prevented. the discharge of any teacher at any time in the discretion of the Board of Education of the District of Columbia under the provisions of law. Sec. 14. That the term “teacher,” under this Act shall include allDefinitions.“Teacher.” teachers permanently employed by the board of education in the public day schools of the District of Columbia, including the superintendent of public schools, the assistant superintendents, all supervisors and directors of instruction, group principals, principals, special teachers, and librarians therein; the term “basic salary” shall be“Basic salary.” construed to mean the lowest salary of the class in which the teacher is placed; and whenever the pronoun “his” occurs in this Act it“His.” shall be construed to mean both male and female teachers. Sec. 15. That the Secretary of the Treasury shall prepare andRecords, etc., to be kept. keep all needful tables, records, and accounts required for carrying out the provisions of this Act. The records to be kept shall include data showing the mortality experience of the teachers in the service of the public schools of the District of Columbia and the rate of withdrawal from such service, and any other information pertaining to such service that may be of value and may serve as a guide for future valuations and adjustments of the plan for the retirement of teachers. The Secretary of the Treasury shall make a detailed comparativeAnnual report to Congress. report annually to Congress showing all receipts and disbursements under the provisions of this Act, together with the total number of persons receiving annuities and the amounts paid them. And theValuation of retirement fund, etc. Secretary of the Treasury shall have made every third year after the passage of this Act an actuarial valuation of this retirement fund and the operation thereof, which shall show the financial condition of the fund, and shall report the findings of such investigation to Congress at the opening of the following session. Sec. 16. That in order to carry out the provisions of this ActAppropriation. during the fiscal years ending June 30, 1920, the sum of $30,000, 390including not more than $3,000 for clerical and other services and all other expenses, is hereby appropriated from the revenues of the District of Columbia and the Treasury of the United States in the Estimates hereafter.proportion authorized by law. Thereafter the Secretary of the Treasury shall include in his annual estimate of appropriations a No additional pay to employees for services hereon.sum sufficient to carry out the provisions of this Act. No officer or employee receiving a regular salary or compensation from the Government shall receive any additional salary or compensation for any service rendered in connection with the system of retiring teachers provided for by this Act. Sec. 17. Rules, etc., to be made. That the Secretary of the Treasury is hereby authorized to perform, or cause to be performed, any or all acts and to make such rules and regulations as may be necessary and proper for the purpose of carrying the provisions of this Act into full force and effect. Sec. 18. No assignment, attachment, etc. That none of the money mentioned in this Act shall be assignable, either in law or equity, or be subject to execution or levy by attachment, garnishment, or other legal process. Sec. 19. Not applicable if annuity received elsewhere. That the provisions of this Act shall not apply to any teacher who receives an annuity from any State or municipality other than the District of Columbia. Approved, January 15, 1920.