Pub. L. 93-407, tit. I, pt. 3, sec. 121

Sec. 121. (a) Subsection (a) of the Policemen and Firemen’s Retirement and Disability Act (D.C. Code, sec. 4–521) is amended by adding after paragraph (16) the following new paragraph: “(17) The term ‘average pay’ means the highest annual rate resulting from averaging the member’s rates of basic salary in effect over any twelve consecutive months of police or fire service, with each rate weighted by the time it was in effect, except that if the member retires under subsection (g) and if on the date of his retirement under the subsection he has not completed twelve consecutive months of police or fire service, such term means his basic salary at the time of his retirement.” (b) (1) Subsections (f), (g), and (h) of that Act (D.C. Code. secs. 4–526—4–528) are each amended by striking out “his basic salary at the time of retirement” each place it occurs and inserting in lieu thereof “his average pay”. (2) Subsection (g)(2) and (h)(1) of that Act are each amended by striking out “his basic salary at the time of his retirement” and inserting in lieu thereof “his average pay”. (3) Subsection (h)(3) of that Act is amended by striking out “the basic salary of such member at the time of retirement” and inserting in lieu thereof “the average pay of such member”. (4) Subsection (k)(2) of that Act (D.C. Code, sec. 4–531) is amended by (1) striking out “basic salary” and inserting in lieu thereof “average pay”, and (2) striking out “subclass (a),” and inserting in lieu thereof “of salary”. (5) Subsection (k)(3) of that Act (D.C. Code, sec. 4–531) is amended by striking out “basic salary” each place it occurs and inserting in lieu thereof “average pay”. (c) Subsection (g) of that Act (D.C. Code, sec. 4–527) is amended by adding at the end thereof the following new paragraph: “(3) A member shall be retired under this subsection only upon the recommendation of the Board of Police and Fire Surgeons and the concurrence therein by the Commissioner, except that in any case in which a member seeks his own retirement under this subsection, he shall, in the absence of such recommendation, provide the necessary evidence to form the basis for the approval of such retirement by the Commissioner.”. 88 Stat. 1041 (d) (1) Subsection (a)(3) of that Act (D.C. Code, sec. 4–521(3)) is amended to read as follows: “(3) The term ‘widow’ means the surviving wife of a member or former member if— “(A) she was married to such member or former member (i) while he was a member, or (ii) for at least one year immediately preceding his death, or “(B) she is the mother of issue by such marriage.” (2) The amendment made by paragraph (1) shall apply with respect to any surviving wife of a member (as that term is defined in subsection (a) (1) of the Policemen and Firemen’s Retirement and Disability Act) or former member irrespective of whether such wife became a widow (as that term is defined in such amendment) prior to, on, or after the date of the enactment of this Act, except that no annuity shall be paid by reason of the amendment made by paragraph (1) for any period prior to the first day of the first pay period beginning on or after July 1, 1974.