§ 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.

Legislative History

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)