RETIREMENT AND SURVIVOR BENEFITS FOR POLICE, FIREMEN, AND TEACHERS THURSDAY, FEBRUARY 26, 1970 U.S. SENATE, SUBCOMMITTEE ON FISCAL AFFAIRS OF THE COMMITTEE ON THE DISTRICT OF COLUMBIA, Washington, D.C. The subcommittee met, pursuant to notice, at 10:10 a.m., in room 6226, New Senate Office Building, Senator Thomas F. Eagleton (chairman of the subcommittee) presiding. Present: Senator Eagleton. Also present: John T. McEvoy, staff director; Edward Maeder, counsel; James S. Medill, minority counsel; and Edith B. Moore, assistant chief clerk. Senator EAGLETON. Good morning, ladies and gentlemen. The Fiscal Affairs Subcommittee of the Senate Committee on the District of Columbia is now in session to hear testimony on S. 2695, H.R. 4183, and H.R. 4184. S. 2695 amends the Policemen's and Firemen's Retirement Disability Act and makes changes affecting the retirement and survivor annuity benefits of the members of the Metropolitan Police force, the District of Columbia Fire Department, the U.S. Park Police, the White House Police, and the Secret Service. The bill would provide for increases in retirement annuities as well as increases in annuities for the surviving spouse and children of current and retired members of the organizations concerned. In addition, the bill provides, among other provisions, for an automatic adjustment of survivor annuities. H.R. 4183 provides that the widow of a retired member who married him after his retirement is entitled to survivor benefits under the Policemen's and Firemen's Retirement and Disability Act if at his death she had been married to him for 2 years, or if she had a child by the marriage. H.R. 4184 provides that those who retired before October 1, 1956, for 100-percent disability under the Policemen's and Firemen's Retirement and Disability Act shall have their annuities computed on the same basis as those who retired under the act subsequent to that date. This legislation affects the deepest personal interests of an important and valuable group of public servants and I believe that it is important to the community as a whole as well as those personally concerned that we consider these measures at this time. At the outset, I would like to place in the record copies of these bills. (The bills follow:) 91ST CONGRESS 1ST SESSION S. 2695 IN THE SENATE OF THE UNITED STATES JULY 24, 1969 Mr. EAGLETON (by request) introduced the following bill; which was read twice and referred to the Committee on the District of Columbia A BILL To provide for the retirement of officers and members of the Metropolitan Police force, the Fire Department of the District of Columbia, the United States Park Police force, the White House Police force, and of certain officers and members of the United States Secret Service, and for other purposes. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That section 12 of the Act of September 1, 1916 (39 Stat. 4 718), as amended (D.C. Code, sec. 4-521), is amended 5 as follows: 6 (1) Paragraph (4) of subsection (a) of such section 7 is amended to read as follows: 8 II "(4) The term 'widower' means the surviving husband 2 1 of a member who was married to such individual while she 2 3 was a member.". (2) Paragraph (5) of subsection (a) of such section 4 is amended to read as follows: 5 "(5) (A) The term 'child' means an unmarried child, 6 including (i) an adopted child, and (ii) a stepchild or rec7 ognized natural child who lives with the member in a regu8 lar parent-child relationship, under the age of eighteen years, 9 or such unmarried child regardless of age who, because of 10 physical or mental disability incurred before the age of eight11 een, is incapable of self-support. 12 "(B) The term 'student-child' means an unmarried 13 child who is a student between the ages of eighteen and 14 twenty-two years, inclusive, and who is regularly pursuing 15 a full-time course of study or training in a high school, trade 16 school, technical or vocational institute, junior college, col17 lege, university, or comparable recognized educational insti18 tution.". 19 (3) Subsection (d) of such section is amended as 20 follows: 222 21 (A) Paragraph (1) of such subsection is amended to 22 read as follows: 23 "(1) On and after the first day of the first pay period 24 which begins on and after the effective date of the Policemen 25 and Firemen's Retirement and Disability Act Amendments 3 1 of 1969 there shall be deducted and withheld from each 2 member's basic salary an amount equal to 7 per centum 3 of such basic salary. Such deductions and withholdings shall 4 be paid to the Collector of Taxes of the District of Columbia, 5 and shall be deposited in the Treasury to the credit of the 6 District of Columbia.". 7 (B) Subsection (d) is amended by adding at the end 8 thereof the following new paragraph: 9 13 "(4) In order to facilitate the settlement of the accounts 10 of each former member coming under the provisions of this 11 section who dies after retirement (1) leaving no survivor 12 entitled to receive an annuity under the provisions of this section and (2) before the aggregate amount of the annuity 14 paid to such former member equals the total amount de15 ducted and withheld for retirement from his salary as a 16 member, the Commissioner shall pay the difference to the 17 person or persons surviving at the time of death in the fol18 lowing order of precedence, and such payment shall be a 19 bar to recovery by any other person of the amount so paid: "First, to the beneficiary or beneficiaries designated 20 in writing by such former member, filed with the Commissioner and received by him prior to the death of such former member; "Second, if there be no such beneficiary, to the child 4 1 or children of such deceased former member and the 2 3 4 5 6 7 8 9 10 descendants of deceased children by representation; "Third, if there be none of the above, to the parents of such former member, or the survivor of them; and "Fourth, if there be none of the above, to the duly appointed legal representative of the estate of the deceased former member, or if there be none to the per son or persons determined to be entitled thereto under the laws of the domicile of the deceased former member." (4) Subsection (f) of such section is amended by strik11 ing out "2 per centum" and inserting in lieu thereof "2 per 12 centum". 13 14 (5) Subsection (g) of such section is amended by deleting "2 per centum" wherever it appears therein and insert 15 ing in lieu thereof "24 per centum". 16 (6) Subsection (h) (3) of such section is amended by 17 deleting "70 per centum" and inserting in lieu thereof "80 18 19 per centum". (7) Subsection (j) of such section is amended by delet20 ing "fifty-five" wherever it appears therein and inserting in 21 lieu thereof "fifty". 20 222 23 (8) Subsection (k) of such section is amended to read as follows: "(k) (1) In the event that any member dies in the per 25 formance of duty, and such death is determined by the Com |