Code of the District of Columbia

§ 1–621.09e. Annual audit.

(a) The Office of the Chief Financial Officer shall engage an independent qualified public accountant to conduct an annual audit of the Fund in accordance with generally accepted auditing standards. The annual audit of the Fund shall be conducted by a contracted auditor as part of the Comprehensive Annual Financial Report. The cost of the financial statement preparation shall be paid for out of the Fund. The examination shall involve such tests of the books and records of the Fund as are considered necessary by the accountant. The independent qualified public accountant shall also offer an opinion as to whether the separate schedules required by subsection (b) of this section and the summary material required under section §  1-621.09a present fairly, in all material respects, the information contained therein when considered in conjunction with the financial statements taken as a whole. The opinion by the independent qualified public accountant shall be made a part of the annual report required pursuant to §  1-621.09f. In offering the opinion, the accountant may rely on the correctness of any actuarial matter certified to by an enrolled actuary if the accountant so states this reliance.

(b)(1) The financial statement shall contain a statement of assets and liabilities, and a statement of changes in net assets available for benefits under the benefits system, which shall include details of revenues and expenses and other changes aggregated by general source and application. In the notes to financial statements, disclosures concerning the following items shall be considered by the accountant:

(A) A description of the benefits system, including any significant changes in the system made during the period and the impact of the changes on benefits;

(B) The funding policy (including the policy with respect to prior service cost), and any changes in the policy during the year;

(C) A description of any significant changes in benefits made during the period;

(D) A description of material lease commitments, other commitments, and contingent liabilities;

(E) A description of agreements and transactions with persons known to be parties in interest; and

(F) Any other matters necessary to fully and fairly present the financial statements of the Fund.

(2) The statement required under paragraph (1) of this subsection shall have attached the following information in separate schedules:

(A) A statement of the assets and liabilities of the Fund, aggregated by categories and valued at their current value, and the same data displayed in comparative form for the end of the previous fiscal year;

(B) A statement of receipts in and disbursements from the Fund during the preceding 12-month period, aggregated by general source and application;

(C) A schedule of all assets held for investment purposes, aggregated and identified by issuer, borrower, or lessor, or similar party to the transaction (including a notation as to whether the party is known to be a party in interest), maturity date, rate of interest, collateral, par or maturity value, cost, and current value;

(D) A schedule of each transaction involving a person known to be a party in interest, the identity of the party in interest and the party of interest’s relationship, or that of any other party in interest, to the Fund, and:

(i) A description of each asset to which the transaction relates;

(ii) The purchase or selling price if a sale or purchase, the rental rate if a lease, or the interest rate and maturity date if a loan;

(iii) Expenses incurred in connection with the transaction; and

(iv) The cost of the asset, the current value of the asset, and the net gain or loss on each transaction;

(E) A schedule of all loans or fixed-income obligations that were in default as of the close of the fiscal year or were classified during the year as uncollectible and the following information with respect to each loan on the schedule (including a notation as to whether parties involved are known to be parties in interest):

(i) The original principal amount of the loan;

(ii) The amount of principal and interest received during the reporting year;

(iii) The unpaid balance;

(iv) The identity and address of the obligor;

(v) A detailed description of the loan (including date of making and maturity, interest rate, the type and value of collateral, and other material terms); and

(vi) The amount of principal and interest overdue (if any) and an explanation thereof;

(F) A list of all leases that were in default or were classified during the year as uncollectible, and the following information with respect to each lease on the list (including a notation as to whether parties involved are known to be parties in interest):

(i) The type of property leased (and, if fixed assets such as land, buildings, and leaseholds, then the location of the property);

(ii) The identity of the lessor or lessee from or to whom the Fund is leasing;

(iii) The relationship of the lessors and lessees, if any, to the Fund, the government of the District of Columbia, any employee organization, or any other party in interest;

(iv) The terms of the lease regarding rent, taxes, insurance, repairs, expenses, and renewal options;

(v) The date the leased property was purchased and its cost;

(vi) The date the property was leased and its approximate value at that date;

(vii) The gross rental receipts during the reporting period;

(viii) Expenses paid for the leased property during the reporting period;

(ix) The net receipts from the lease;

(x) The amounts in arrears; and

(xi) A statement as to what steps have been taken to collect amounts due or otherwise remedy the default;

(G) The most recent annual statement of assets and liabilities of any common or collective trust maintained by a bank or similar institution in which some or all the assets of the Fund are held, of any separate account maintained by an insurance carrier in which some or all of the assets of the Fund are held, and of any separate trust maintained by a bank as trustee in which some or all of the assets of the Fund are held, and for each separate account or a separate trust, such other information as may be required by the Chief Financial Officer to comply with this subsection; and

(H) A schedule of each reportable transaction, the name of each party to the transaction (except that, for an acquisition or sale of a security on the market, the report need not identify the person from whom the security was acquired or to whom it was sold), and:

(i) A description of each asset to which the transaction applies;

(ii) The purchase or selling price if a sale or purchase, the rental rate if a lease, or the interest rate and maturity date if a loan;

(iii) Expenses incurred in connection with the transaction; and

(iv) The cost of the asset, the current value of the asset, and the net gain or loss on each transaction.

(3) For the purposes of paragraph (2)(H) of this subsection, the term “reportable transaction” means a transaction to which the Fund is a party and which is:

(A) A transaction involving an amount in excess of 5% (or other percentage that may be established from time to time by the United State Department of Labor for “reportable transactions”) of the current value of the assets of the Fund;

(B) Any transaction (other than a transaction respecting a security) that is part of a series of transactions with or in conjunction with a person in a fiscal year, if the aggregate amount of the transactions exceeds 5% (or other percentage that may be established from time to time by the United States Department of Labor for reportable transactions) of the current value of the assets of the Fund;

(C) A transaction that is part of a series of transactions respecting one or more securities of the same issuer, if the aggregate amount of the transactions in the fiscal year exceeds 5% (or other percentage that may be established from time to time by the United States Department of Labor for reportable transactions) of the current value of the assets of the Fund; or

(D) A transaction with, or in conjunction with, a person respecting a security, if any other transaction with or in conjunction with the person in the fiscal year respecting a security is required to be reported by reason of subparagraph (A) of this paragraph.


(Mar. 3, 1979, D.C. Law 2-139, § 2109e; as added Dec. 17, 2014, D.C. Law 20-151, § 2(c), 61 DCR 8893; Oct. 30, 2018, D.C. Law 22-168, § 1033(d), 65 DCR 9388.)

Emergency Legislation

For temporary (90 days) amendment of this section, see § 1033(d) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 1033(d) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).