Page:United States Statutes at Large Volume 111 Part 1.djvu/742

 Ill STAT. 718 PUBLIC LAW 105-33—AUG. 5, 1997 SEC. 11012. FEDERAL BENEFIT PAYMENTS DESCRIBED. (a) IN GENERAL. —Subject to the succeeding provisions of this subtitle, a "Federal benefit payment" is any benefit payment to which an individual is entitled under a District Retirement Program, in such amount and under such terms and conditions as may apply under such Program. (b) TREATMENT OF SERVICE OCCURRING AFTER FREEZE DATE. — Service after the freeze date shall not be credited for purposes of determining the amount of any Federal benefit payment. Nothing in this subsection shall be construed to affect the crediting of such service for any other purpose under the District Retirement Program. (c) SPECIAL RULE REGARDING DISABILITY BENEFITS. — To the extent that any portion of a benefit payment to which an individual is entitled under a District Retirement Program is based on a determination of disability made by the District of Columbia Retirement Board or the Trustee after the freeze date, the Federal benefit payment determined with respect to the individual shall be an amount equal to the deferred retirement benefit or normal retirement benefit the individual would receive if the individual left service on the day before the commencement of disability retirement benefits. (d) SPECIAL RULE REGARDING CERTAIN DEATH BENEFITS. — (1) IN GENERAL.—In the case of a benefit pa3anent to which an individual is entitled under a District Retirement Program which is payable on the death of a covered District employee or former covered District employee and which is not determined by the length of service of the employee or former employee, the Federal benefit payment determined with respect to the individual shall be equal to the pre-freeze date percentage of the amount otherwise payable. (2) PRE-FREEZE DATE PERCENTAGE DEFINED. —In paragraph (1), the "pre-freeze date percentage" with respect to a covered District employee or former covered District employee is the amount (expressed as a percentage) equal to the quotient of— (A) the number of months of the covered District employee's or former covered District employee's service prior to the freeze date; divided by (B) the total number of months of the covered District employee's or former covered District employee's service. SEC. 11013. ESTABLISHMENT OF SINGLE ANNUAL COST-OF-LIVING ADJUSTMENT UNDER DISTRICT RETIREMENT PROGRAM. (a) PROGRAM FOR POLICE AND FIRE FIGHTERS.— Subsection (m) of the Policemen and Firemen's Retirement and Disability Act (DC Code, sec. 4-624) is amended— (1) in paragraph (2), by striking "the Mayor shall" and all that follows and inserting the following: "on January 1 of each year (or within a reasonable time thereafter), the Mayor shall determine the per centum change in the price index for the preceding year by determining the difference between the index published for December of the preceding year and the index published for December of the second preceding year."; and (2) by amending paragraph (3) to read as follows: "(3)(A) If (in accordance with paragraph (2)) the Mayor determines in a year (beginning with 1999) that the per centum change

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