(a) The employee's contribution to the deferred compensation plan under § 1-626.05(2) and the earnings on those contributions shall vest immediately.
(b) The District's contributions to the defined contribution plan under § 1-626.05(3) and the earnings on the District's contributions for each employee shall vest when the employee dies or becomes entitled to disability benefits under the Social Security Act, or in accordance with the following vesting schedule:
(c) The employee's interest in the benefits in the defined contribution plan that has not vested in accordance with subsection (b) of this section shall be forfeited after separation from employment. An employee in a defined contribution plan under § 1-626.05(3) who is removed or suspended without pay and later reinstated or restored to duty on the grounds that the removal or suspension was unwarranted or unjustified shall be entitled to resume immediately participation in the defined contribution plan, with appropriate increases made in the Section 401(a) Trust to reflect the District contributions that would have been made had the employee not been removed or suspended. An employee who is otherwise separated from employment and is later reinstated to employment with the District within 1 year of separation shall be entitled to immediately resume participation in the defined contribution plan.
(d)(1) Notwithstanding subsections (b) and (c) of this section, the District's contributions to the defined contribution plan under § 1-626.05(3) for Devon Brown, Director of the Department of Corrections (“Director Brown”), and the earnings on the District's contributions shall vest when Director Brown completes 5 years of creditable service with the District, dies, or becomes entitled to disability benefits under the Social Security Act.
(2) Director Brown's interest in the benefits in the defined contribution plan shall not be forfeited upon separation from employment if separation occurs prior to the completion of 5 years of creditable service as calculated pursuant to this subsection.
(3) For the purposes of this subsection, creditable service shall be calculated as either consecutive service or a combination of different periods of service as a District government employee.
CREDIT(S)
(Mar. 3, 1979, D.C. Law 2-139, § 2610, as added Oct. 1, 1987, D.C. Law 7-27, § 2(g), 34 DCR 5079; Nov. 19, 2008, D.C. Law 17-260, § 2, 55 DCR 10883; Dec. 8, 2009, D.C. Law 18-82, § 2, 56 DCR 8140.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-627.10.
Effect of Amendments
D.C. Law 17-260 added subsec. (d).
D.C. Law 18-82 rewrote subsec. (b); and, in subsec. (c), substituted “that has not vested in accordance with subsection (b) of this section shall be forfeited after separation from employment” for “shall be forfeited upon separation from employment if separation occurs prior to completion of 5 years of creditable service”. Prior to amendment, subsec. (b) read as follows:
“(b) The District's contributions to the defined contribution plan under § 1-626.05(3) and the earnings on the District's contributions shall vest when an employee completes 5 years of creditable service with the District, dies, or becomes entitled to disability benefits under the Social Security Act.”
Legislative History of Laws
For legislative history of D.C. Law 7-27, see Historical and Statutory Notes following § 1-621.02.
Law 17-260, the “Defined Contribution Plan Modifications for the Director of the Department of Corrections Devon Brown Amendment Act of 2008”, was introduced in Council and assigned Bill No. 17-667 which was referred to the Committee Public Safety and Judiciary. The Bill was adopted on first and second readings on July 15, 2008, and September 16, 2008, respectively. Signed by the Mayor on September 29, 2008, it was assigned Act No. 17-511 and transmitted to both Houses of Congress for its review. D.C. Law 17-260 became effective on November 19, 2008.
Law 18-82, the “Pension Vesting Amendment Act of 2009”, as introduced in Council and assigned Bill No. 18-3, which was referred to the Committee on Government Operations and the Environment. The bill was adopted on first and second readings on July 14, 2009, and September 22, 2009, respectively. Signed by the Mayor on October 9, 2009, it was assigned Act No. 18-201 and transmitted to both Houses of Congress for its review. D.C. Law 18-82 became effective on December 8, 2009.
Miscellaneous Notes
Section 3 of D.C. Law 17-260 provides that section 2 shall apply as of April 5, 2002.