AUGUST 25, 1922, 2 COMP. GEN. 141

AUGUST 25, 1922, 2 COMP. GEN. 141

RETIREMENT OF SCHOOL TEACHERS IN THE DISTRICT OF COLUMBIA THE REQUIREMENT THAT TEACHERS IN THE DISTRICT OF COLUMBIA, RETIRED UNDER SECTION 4 OF THE ACT OF JANUARY 15, 1920, 41 STAT., 388, MUST HAVE BEEN "EMPLOYED CONTINUOUSLY AS A TEACHER" FOR 10 YEARS IN ORDER TO BE ENTITLED TO A RETIRMENT ANNUITY, IS FULFILLED IF THE TEACHER HAS BEEN ON THE ACTIVE LIST FOR 10 YEARS PRECEDING HER RETIREMENT, ALTHOUGH A PORTION OF THAT TIME MAY HAVE BEEN ON LEAVE OF ABSENCE.

COMPTROLLER GENERAL MCCARL TO THE PRESIDENT, BOARD OF COMMISSIONERS OF THE DISTRICT OF COLUMBIA, AUGUST 25, 1922:

I HAVE YOUR LETTER OF JULY 22, 1922, REQUESTING DECISION WHETHER MISS M. L. PEABODY, A TEACHER IN THE PUBLIC SCHOOLS OF THE DISTRICT OF COLUMBIA, IS ENTITLED TO RETIREMENT AND PAYMENT OF AN ANNUITY UNDER THE PROVISIONS OF THE ACT OF JANUARY 15, 1920, PROVIDING FOR RETIREMENT OF TEACHERS IN SAID SCHOOLS.

IT APPEARS THAT MISS PEABODY WAS APPOINTED A TEACHER IN THE PUBLIC SCHOOLS OF THE DISTRICT OF COLUMBIA OCTOBER 20, 1910, AND TAUGHT CONTINUOUSLY THEREIN TO SEPTEMBER 1, 1918. FROM SEPTEMBER 1, 1918, TO SEPTEMBER 1, 1919, SHE WAS ABSENT ON LEAVE WITHOUT PAY GRANTED BECAUSE OF PERSONAL ILLNESS. FROM SEPTEMBER 1, 1919, TO DECEMBER 14, 1920, SHE WAS AGAIN IN AN ACTIVE TEACHING STATUS IN THE SCHOOLS. FROM DECEMBER 15, 1920, TO FEBRUARY 9, 1921, SHE WAS AGAIN ABSENT ON LEAVE WITHOUT PAY BECAUSE OF ILLNESS. SHE WAS IN AN ACTIVE TEACHING STATUS FROM FEBRUARY 10 TO JUNE 30, 1921, AND WAS AGAIN ABSENT ON LEAVE WITHOUT PAY BECAUSE OF PERSONAL ILLNESS FROM JULY 1, 1921, TO JUNE 3, 1922, ON WHICH LATTER DATE THE BOARD OF COMMISSIONERS OF THE DISTRICT OF COLUMBIA ADOPTED AN ORDER RETIRING HER FROM AND AFTER THAT DATE BECAUSE OF DISABILITY UNDER THE PROVISIONS OF THE ACT OF JANUARY 15, 1920.

SECTION 4 OF THE ACT OF JANUARY 15, 1920, 41 STAT., 388, PROVIDES:

THAT ANY TEACHER WHO SHALL HAVE REACHED THE AGE OF FORTY-FIVE, OR WHO SHALL HAVE TAUGHT CONTINUOUSLY FOR FIFTEEN YEARS IN THE PUBLIC SCHOOLS OF THE DISTRICT OF COLUMBIA, AND WHO BY REASON OF ACCIDENT OR ILLNESS NOT DUE TO VICIOUS HABITS HAS BECOME PHYSICALLY OR MENTALLY DISABLED AND INCAPABLE OF SATISFACTORILY PERFORMING THE DUTIES OF TEACHER, MAY BE RETIRED BY THE BOARD OF EDUCATION UNDER THE PROVISIONS HEREINAFTER STATED.

MISS PEABODY HAD REACHED THE AGE OF 45 AND THEREFORE WAS ELIGIBLE TO RETIREMENT UNDER THE TERMS OF THIS SECTION, SUBJECT TO OTHER PROVISIONS OF THE RETIRMENT ACT.

SECTION 8 OF THE ACT PROVIDES:

NO SUM SHALL BE PAID TO ANY TEACHER UPON HIS RETIRMENT UNDER THE PROVISIONS OF SECTION 4 HEREOF UNLESS HE SHALL HAVE BEEN EMPLOYED CONTINUOUSLY AS A TEACHER IN THE PUBLIC SCHOOLS OF THE DISTRICT OF COLUMBIA FOR TEN YEARS IMMEDIATELY PRIOR TO HIS RETIREMENT.

DECISION OF THIS CASE TURNS UPON THE CONSTRUCTION TO BE GIVEN TO THE WORD "EMPLOYED" AS USED IN THIS CONNECTION. IF ITS SCOPE IS LIMITED TO EMPLOYMENT IN ACTUAL TEACHING, MISS PEABODY CAN NOT QUALIFY UNDER SECTION 8 OF THE ACT FOR PAYMENT OF ANNUITY. IF, ON THE OTHER HAND, IT RELATES TO EMPLOYMENT ON THE ACTIVE LIST OF PUBLIC-SCHOOL TEACHERS OF THE DISTRICT SHE WAS SO EMPLOYED FOR MORE THAN 10 YEARS PRECEDING THE DATE SET FOR HER RETIRMENT.

SECTIONS 4 AND 8 OF THE ACT DEAL WITH RETIREMENT FOR PHYSICAL OR MENTAL DISABILITY. A RULING THAT WOULD RESTRICT THE MEANING OF THE WORD "EMPLOYED" AS USED THEREIN TO AN ACTUAL TEACHING STATUS WOULD PERHAPS EXCLUDE MANY CASES WHICH WOULD SEEM TO COME WITHIN THE INTENT AND PURPOSE OF THE LAW. IT IS OF INTEREST IN THIS CONNECTION TO NOTE THAT SECTION 4 USES DIFFERENT LANGUAGE IN FIXING THE MINIMUM SERVICE OF TEACHERS UNDER 45 YEARS OF AGE WHO MAY RETIRE FOR DISABILITY.

IN SUCH CASES THE SECTION REQUIRES THAT THEY SHALL HAVE ---

TAUGHT CONTINUOUSLY FOR FIFTEEN YEARS IN THE PUBLIC SCHOOLS IN THE DISTRICT OF COLUMBIA.

RULE 43-D PRESCRIBED BY THE BOARD OF EDUCATION OF THE DISTRICT OF COLUMBIA LIMITS CONSECUTIVE TEMPORARY LEAVE OF ABSENCE OF TEACHERS IN THE PUBLIC SCHOOLS TO NOT EXCEEDING ONE CALENDAR YEAR. DURING PERIODS OF SUCH AUTHORIZED LEAVE THE TEACHERS, BEING ASSIGNABLE TO TEACHING DUTY UPON EXPIRATION OF THE GRANTED LEAVE, CONTINUE IN AN ACTIVE DUTY STATUS, AS DISTINGUISHED FROM A PERMANENT RETIRED STATUS FORMERLY PROVIDED FOR IN CASE OF LONGER AUTHORIZED ABSENCE. 1 COMP. N., 358. A TEACHER WHO HAS BEEN IN SUCH ACTIVE DUTY STATUS CONTINUOUSLY FOR 10 YEARS AND WHO HAS REACHED THE AGE OF 45 IS ELIGIBLE FOR RETIREMENT AND PAYMENT OF ANNUITY UNDER THE PROVISIONS OF SECTIONS 4 AND 8 OF THE RETIREMENT ACT. PAYMENT OF MISS PEABODY'S RETIREMENT ANNUITY WILL BE GOVERNED ACCORDINGLY.