Department of Human Resources: 2600 CONTINUATION OF RETIREMENT SYSTEMS
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DC Personnel Regulations, Chapter 26A

Civil Service Retirement System

Contents

Section No. Heading
2600 Continuation of Retirement Systems
2601-2619 Reserved
2620 Police and Fire Retirement System - Purchase of Military Service Performed after December 31, 1956

2600 Continuation of Retirement Systems

2600.1 Section 2602 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (CMPA), effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-626.02) (2001) provides that the existing retirement systems, which include the Civil Service Retirement System (CSRS) (Chapter 83 of 5 U.S.C.), Teachers' Retirement System, Police and Fire Retirement System, Teachers Insurance and Annuity Association programs, and the Judges' Retirement System, continue to apply to all employees of the District government, except that the CSRS shall not be applicable to individuals first employed by the District government after September 30, 1987.

2600.2 The federal regulations in 5 CFR Part 831 and applicable District of Columbia regulations continue to apply to District government employees covered under the CSRS.

2601 - 2619: Reserved

2620 Police and Fire Retirement System - Purchase of Military Service Performed after December 31, 1956

2620.1 Pursuant to the District of Columbia Military Retirement Equity Act of 2003 (Act), effective November 22, 2003 (117 Stat. 1386; P.L. 108-133; D.C. Official Code § 5-704 (h)(2)(A) through (D)) (2005 Supp.), an officer or member, or former officer or member, of the Metropolitan Police Department (MPD) or Fire and Emergency Medical Services Department (FEMSD) who has honorable active military service after December 31, 1956 (post-1956 military service) performed before the date of separation on which the member's or former member's annuity entitlement is based (covered employee), may elect to retain credit for the post-1956 military service and avoid a reduction in his or her annuity after the member or former member attains the age and eligibility for monthly old age or survivors' benefits under the SSA, by paying a percentage of the amount of basic military pay received, as specified in this section, for deposit in the Police and Firefighters' Retirement Fund, District of Columbia Federal Pension Fund (U.S. Department of the Treasury), or District of Columbia Retirement Board, as applicable.

2620.2 Sections 2620.3 through 2620.14 of this section contain the rules for the purchase of retention of credit for post-1956 military service.

2620.3 For the purposes of this section, the following terms have the meaning ascribed:

Basic military pay - total earnings received for military service (i.e., basic military pay under 37 U.S.C. § 204) based on the grade of the covered member when the military service was performed.

Interest - any interest required on payments to purchase post-1956 military service in accordance with D.C. Official Code § 5-704 (e)(2) (2001).

Military service - honorable active service in the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States.

Post-1956 military service - honorable active service in the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States performed after December 31, 1956, excluding military service covered by military leave with pay from a civilian position.

2620.4 Post-1956 military service contributions will be calculated at a rate equal to seven percent (7%) of the amount of basic military pay under the Pay and Allowances of the Uniformed Services Act (37 U.S.C. § 204) paid to the covered member for each period of military service performed on or before November 10, 1996.

2620.5 For periods of military service performed after November 10, 1996, post-1956 military service contributions will be calculated at a rate equal to seven percent (7%) of the total basic military pay for members hired before November 10, 1996; and at a rate equal to eight percent (8%) of the total basic military pay for members hired after November 10, 1996.

2620.6 Active covered members are required to submit appropriate documentation, to be determined by the personnel authority, as proof of the amount of basic military pay received.

2620.7 If sufficient evidence is not provided to determine the basic military pay for post-1956 military service, such payment shall be based upon estimates obtained from the U.S. Secretary of Defense, Secretary of the U.S. Department of Transportation, Secretary of the U.S. Department of Commence, or Secretary of the U.S. Department of Health and Human Services.

2620.8 All purchases of post-1956 military service retention credit must be completed prior to the later of October 1, 2006 or the covered member's date of retirement, in order for the covered member to retain credit for the military service.

2620.9 An active covered member hired on or before October 1, 2005 must purchase retention of credit for post-1956 military service on or before October 1, 2006 without accruing interest. All post-1956 military service purchased by such a covered member after October 1, 2006 will accrue interest.

2620.10 A covered member hired after October 1, 2005 will have twenty-four (24) months from the date of hire to purchase retention of credit for post-1956 military service without interest being charged. All post-1956 military service purchased by such a member after the end of the twenty-four month (24-month) period will accrue interest.

2620.11 The interest-free payment periods specified in sections 2620.9 and 2620.10 of this section are considered grace periods. The rate applicable in computing interest for post-1956 military service after the end of either of the grace periods shall be based on the total amount of the covered member's basic military pay, and shall cover the time period from the end of either grace period.

2620.12 Covered members may elect to purchase retention of credit for post-1956 military service by paying a lump sum or through payroll deductions.

2620.13 A covered member who elects to purchase retention of credit for post-1956 military service may purchase all of the service that covers a specified continuous period of post-1956 military service.

2620.14 Payments made for purchase of retention credit for post-1956 military service shall not be refunded except upon separation from police or fire service for reasons other than retirement. A covered member with less than five (5) years of police or fire service who is separated from the MPD or FEMSD for reasons other than retirement shall be refunded the amount of any lump sum payment and payroll deductions made from his or her salary, including any amounts paid or deducted for purchase of retention credit for post-1956 military service. A covered member with more than five (5) years of police or fire service may, at his or her election, receive a refund, or leave any such payments and payroll deductions in his or her account as a deferred annuity. The receipt of a refund of such payments or deductions shall void all annuity rights.

2620.15 The Director, D.C. Office of Personnel, will develop procedures to implement the provisions of the Act, and publish the procedures in the District Personnel Manual. At a minimum, the procedures shall provide guidance concerning:

(a) Which members and officers are eligible to purchase and retain post-1956 military service;

(b) Instructions for the payment of post-1956 military service; and

(c) Any forms to be completed, and documentation to be submitted, as proof of post-1956 military service.