§ 38-2021.10 — Payment of beneficiaries.

District of Columbia § 38-2021.10

• Jurisdiction: District of Columbia
• Title 38: Educational Institutions.
• Ch. 20: Retirement of Public School Teachers.
• Subch. II: Retirement After June 30, 1946.
• Part A: General.

Text

(a) Under regulations prescribed by the District of Columbia Retirement Board, a present or former teacher may designate a beneficiary or beneficiaries for the purpose of this part.

(1) Lump-sum benefits authorized by subsections (c), (d), and (e) of this section shall be paid in the following order of precedence to the person or persons surviving the teacher and alive at the date title to the payment arises, and the payment bars recovery by any other person:

(A) To the beneficiary or beneficiaries designated by the teacher in a signed and witnessed writing received by the District of Columbia Retirement Board before the teacher’s death;

(B) If there is no designated beneficiary, to the spouse or domestic partner of the teacher;

(C) If none of the above, to the child or children of the teacher and descendants of deceased children by representation;

(D) If none of the above, to the parents of the teacher or the survivor of them;

(E) If none of the above, to the duly appointed executor or administrator of the estate of the teacher;

(F) If none of the above, to such other next of kin of the teachers as the District of Columbia Retirement Board determines to be entitled under the laws of the domicile of the teacher at the date of his death.

(2) For the purpose of this subsection, the term “child” includes a natural child and an adopted child, but does not include a stepchild.

(c) If: (1) a teacher dies: (A) without a survivor; or (B) with a survivor or survivors and the right of all survivors terminates before a claim for survivor annuity is filed; or (2) a former teacher not retired dies, the lump-sum credit shall be paid.

(d) If all annuity rights under this part based on the service of a deceased teacher terminate before the total annuity paid equals the lump-sum credit, the difference shall be paid.

(e) If an annuitant dies, any annuity accrued and unpaid shall be paid.

(f) For purposes of this section, the term “lump-sum credit” means the unrefunded amount consisting of:

(1) Retirement deductions made under this part from the salary of a teacher;

(2) Amounts deposited into the teachers’ retirement and annuity fund by a teacher covering earlier service; and

(3) Interest earned prior to the end of the 90-day period beginning on November 17, 1979, on the deductions and deposits made with respect to service which aggregates more than 1 year but excluding interest for the fractional part of a month in the total service.

Legislative History

Aug. 7, 1946, 60 Stat. 880, ch. 779, § 10; Mar. 6, 1952, 66 Stat. 21, ch. 95,§ 9; Dec. 29, 1967, 81 Stat. 750, Pub. L. 90-231, § 1(7); Nov. 17, 1979, 93 Stat. 866, Pub. L. 96-122, § 253(a)(5); Apr. 13, 2005, D.C. Law 15-354, § 55(f), 52 DCR 2638; Sept. 12, 2008, D.C. Law 17-231, § 32(c), 55 DCR 6758