Pub. L. 92-518, tit. II, sec. 201

Sec. 201. The Act entitled “An Act for the retirement of public school teachers in the District of Columbia”, approved August 7, 1946, is amended as follows: (1) Paragraph (1) of section 5(b) of such Act (D.C. Code, sec. 31–725(b)(1)) is amended by striking out the first three sentences and inserting in lieu thereof the following: “A reduced annuity and an annuity after death payable to the surviving widow or widower of such teacher. The life annuity of a teacher making such election, or any portion of such annuity designated by the teacher in writing for such purposes at the time of retirement, shall be reduced by 2% per centum of so much thereof as does not exceed $3,600 and by 10 per centum of so much thereof as exceeds $3,600. The widow or widower of a teacher making such election shall be entitled to an annuity equal to 55 per centum of such life annuity, or designated portion thereof, except that if a retired teacher who has elected a reduced annuity as provided in this paragraph or in subsection (d) of this section dies and is survived by a widow or widower whom he or she married after retirement, such widow or widower is entitled to an annuity in an amount which would have been paid had the teacher been married86 Stat. 1013 to the widow or widower at the time of retirement, but only if (A) such widow or widower was married to such individual for at least two years immediately preceding the teacher’s death, or is the mother or father of issue of such marriage, and (B) such widow or widower elects this annuity instead of any other suvivor benefit to which he or she may be entitled under this Act or another retirement system for employees of the Federal or District Government. The annuity of a widow or widower entitled to an annuity under this paragraph shall begin on the day after the retiree dies.” (2) Section 5 of such Act (D.C. Code, sec. 31–725) is amended by adding at the end thereof the following new subsection: “(d) A teacher who is unmarried at the time of retiring under a provision of law which permits election of a reduced annuity with a survivor annuity payable to his spouse and who later marries, may irrevocably elect, in a signed writing filed with the Commissioner of the District of Columbia within one year after he or she marries, a reduction in his or her current annuity and an annuity after death payable to his or her surviving widow or widower as provided in paragraph (1) of subsection (b) of this section. The reduced annuity is effective the first day of the month after such election is received by the Commissioner. The election voids prospectively any election previously made under paragraph (2) or paragraph (3) of subsection (b) of this section.” (3) The first paragraph of section 8 of such Act (D.C. Code, sec. 31–728) is amended by— (A) striking out in the first sentence “that the total credit granted for leaves of absence without pay shall not exceed one year: Provided further,” and (B) inserting after the first sentence the following new sentence: “A teacher or former teacher who returns to duty after a period of separation is deemed, for the purpose of this section, to ave been in a leave of absence without pay for that part of the period in which he or she was receiving benefits under subchapter I of chapter 81 of title 5, United States Code, or any earlier statute on which such subchapter is based.” (4) Section 9 of such Act (D.C. Code, sec. 31–729) is amended by— (A) striking out “dependent” in paragraph (1) of subsection (b) each place it appears therein; (B) amending the second sentence of paragraph (1) of subsection (b) to read as follows: “Such annuity and any right thereto shall terminate on the last day of the month before (A) the widow or widower dies, or (B) the widow or widower remarries lie fore lie coming sixty years of age.”; (C) striking out in paragraph (3) of subsection (b) “dependent widower” and inserting in lieu thereof “widower”; and (D) striking out the second sentence of paragraph (5) of subsection (c).