B-142827, OCT. 24, 1966

B-142827: Oct 24, 1966

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CONCERNING THE ENTITLEMENT OF CERTAIN FORMER DISTRICT OF COLUMBIA TEACHERS WHOSE RETIREMENTS WERE EFFECTIVE FROM AND AFTER DECEMBER 30 AND 31. YOU REQUEST OUR DECISION WHETHER THE NINE TEACHERS WHO RETIRED DURING THE MONTH OF DECEMBER 1965 ARE ENTITLED TO THE INCREASE PROVIDED BY THAT SECTION. WE ASSUME THAT PURSUANT TO SUCH REQUESTS THE EIGHT TEACHERS WERE SEPARATED FROM THE SERVICE ON DECEMBER 31. CODE 723 (B) THE ANNUITIES GRANTED UNDER THE AUTHORITY OF THAT SUBSECTION (55 YEARS OF AGE WITH 30 YEARS OF SERVICE) ARE STATED TO BEGIN ON THE FIRST OF THE MONTH FOLLOWING THAT IN WHICH THE TEACHER IS SEPARATED FROM SERVICE FOR RETIREMENT. "SHALL ACCRUE MONTHLY AND SHALL BE DUE AND PAYABLE IN MONTHLY INSTALLMENTS AT THE BEGINNING OF THE MONTH FOLLOWING THE MONTH FOR WHICH THE ANNUITY SHALL HAVE ACCRUED.'.

B-142827, OCT. 24, 1966

TO BOARD OF COMMISSIONERS OF THE DISTRICT OF COLUMBIA:

WE REFER TO YOUR LETTER OF SEPTEMBER 27, 1966, CONCERNING THE ENTITLEMENT OF CERTAIN FORMER DISTRICT OF COLUMBIA TEACHERS WHOSE RETIREMENTS WERE EFFECTIVE FROM AND AFTER DECEMBER 30 AND 31, 1965, TO THE INCREASED ANNUITIES AS PROVIDED BY SECTION 21 (A) OF THE ACT OF AUGUST 7, 1946, AS AMENDED BY SECTION 1 OF THE ACT OF JULY 5, 1966, PUB.L. 89-494, 31 D.C. CODE 739A.

SECTION 21 (A) AS AMENDED STATES THAT EACH ANNUITY PAYABLE FROM THE DISTRICT OF COLUMBIA TEACHERS' RETIREMENT FUND WOULD BE INCREASED BY CERTAIN PERCENTAGES EFFECTIVE DECEMBER 1, 1965, PROVIDED THAT THE ANNUITY HAD A COMMENCING DATE NOT LATER THAN DECEMBER 30, 1965. YOU REQUEST OUR DECISION WHETHER THE NINE TEACHERS WHO RETIRED DURING THE MONTH OF DECEMBER 1965 ARE ENTITLED TO THE INCREASE PROVIDED BY THAT SECTION.

YOU SAY THAT EIGHT OF THE TEACHERS INVOLVED REQUESTED RETIREMENT FROM AND AFTER DECEMBER 31, 1965, AND THAT ONE OTHER TEACHER REQUESTED RETIREMENT FROM AND AFTER DECEMBER 30, 1965. WE ASSUME THAT PURSUANT TO SUCH REQUESTS THE EIGHT TEACHERS WERE SEPARATED FROM THE SERVICE ON DECEMBER 31, 1965, AND THE OTHER ON DECEMBER 30, 1965.

UNDER 31 D.C. CODE 723 (B) THE ANNUITIES GRANTED UNDER THE AUTHORITY OF THAT SUBSECTION (55 YEARS OF AGE WITH 30 YEARS OF SERVICE) ARE STATED TO BEGIN ON THE FIRST OF THE MONTH FOLLOWING THAT IN WHICH THE TEACHER IS SEPARATED FROM SERVICE FOR RETIREMENT. ALSO, 31 D.C. CODE 725 PROVIDES THAT ANNUITIES OF ALL TEACHERS RETIRED UNDER THE ACT OF AUGUST 7, 1946, "SHALL ACCRUE MONTHLY AND SHALL BE DUE AND PAYABLE IN MONTHLY INSTALLMENTS AT THE BEGINNING OF THE MONTH FOLLOWING THE MONTH FOR WHICH THE ANNUITY SHALL HAVE ACCRUED.' WE NOTE THAT AT THE TIME THE LATTER PROVISION WAS ENACTED ANNUITIES UNDER THE CIVIL SERVICE RETIREMENT ACT COMMENCED ON THE FIRST DAY OF THE MONTH FOLLOWING THE EMPLOYEE'S SEPARATION. 5 U.S.C. 2264 (1958 ED.). THUS, IT APPEARS THAT ALL TEACHERS RETIRING UNDER THE CITED PROVISIONS OF LAW ARE NOT ENTITLED TO ANNUITIES FOR ANY PART OF A MONTH BUT RATHER MUST WAIT FOR THE BEGINNING OF THE MONTH FOLLOWING THEIR SEPARATION IN ORDER FOR SUCH ANNUITIES TO START TO ACCRUE.

SINCE THE TEACHERS HERE IN QUESTION WERE NOT ENTITLED TO PAYMENT OF ANY PART OF THEIR ANNUITIES FOR DECEMBER 30 OR 31, 1965, IT CANNOT BE SAID THAT THEIR ANNUITIES HAD "A COMMENCING DATE NOT LATER THAN DECEMBER 30, 1965.' THEREFORE, OUR VIEW IS THAT SUCH TEACHERS ARE NOT ENTITLED TO THE INITIAL INCREASE IN ANNUITIES AS AUTHORIZED BY PUB.L. 89-494.