Code of the District of Columbia

§ 1–626.10. Vesting.

(a) The employee’s contribution to the deferred compensation plan under § 1-626.05(2) and the earnings on those contributions shall vest immediately.

(b) The District’s contributions to the defined contribution plan under § 1-626.05(3) and the earnings on the District’s contributions for each employee shall vest when the employee dies or becomes entitled to disability benefits under the Social Security Act, or in accordance with the following vesting schedule:

Years of Creditable Service Vested Percentage
Less than 2 0%
2 20%
3 40%
4 60%
5 or more 100%.

(c) The employee’s interest in the benefits in the defined contribution plan that has not vested in accordance with subsection (b) of this section shall be forfeited after separation from employment. An employee in a defined contribution plan under § 1-626.05(3) who is removed or suspended without pay and later reinstated or restored to duty on the grounds that the removal or suspension was unwarranted or unjustified shall be entitled to resume immediately participation in the defined contribution plan, with appropriate increases made in the Section 401(a) Trust to reflect the District contributions that would have been made had the employee not been removed or suspended. An employee who is otherwise separated from employment and is later reinstated to employment with the District within 1 year of separation shall be entitled to immediately resume participation in the defined contribution plan.

(d)(1) Notwithstanding subsections (b) and (c) of this section, the District’s contributions to the defined contribution plan under § 1-626.05(3) for Devon Brown, Director of the Department of Corrections (“Director Brown”), and the earnings on the District’s contributions shall vest when Director Brown completes 5 years of creditable service with the District, dies, or becomes entitled to disability benefits under the Social Security Act.

(2) Director Brown’s interest in the benefits in the defined contribution plan shall not be forfeited upon separation from employment if separation occurs prior to the completion of 5 years of creditable service as calculated pursuant to this subsection.

(3) For the purposes of this subsection, creditable service shall be calculated as either consecutive service or a combination of different periods of service as a District government employee.

(e) The District's contributions to the defined contribution plan under § 1-626.05(4) and the earnings on the District's contributions for each employee shall vest immediately.


(Mar. 3, 1979, D.C. Law 2-139, § 2610; as added Oct. 1, 1987, D.C. Law 7-27, § 2(g), 34 DCR 5079; Nov. 19, 2008, D.C. Law 17-260, § 2, 55 DCR 10883; Dec. 8, 2009, D.C. Law 18-82, § 2, 56 DCR 8140; Sept. 26, 2012, D.C. Law 19-171, § 10, 59 DCR 6190; July 3, 2018, D.C. Law 22-124, § 101(c), 65 DCR 5091.)

Prior Codifications

1981 Ed., § 1-627.10.

Section References

This section is referenced in § 1-527.01, § 1-626.04, and § 2-1605.

Effect of Amendments

D.C. Law 17-260 added subsec. (d).

D.C. Law 18-82 rewrote subsec. (b); and, in subsec. (c), substituted “that has not vested in accordance with subsection (b) of this section shall be forfeited after separation from employment” for “shall be forfeited upon separation from employment if separation occurs prior to completion of 5 years of creditable service”.

The 2012 amendment by D.C. Law 19-171 made a correction to the directory language in D.C. Law 18-82, § 2(a), which did not affect this section as codified.

Cross References

Public defender service, retirement benefits, determination of period of creditable service for purposes of vesting, see § 2-1605.

Applicability

Section 301 of D.C. Law 22-124 provided that the changes made to this section by D.C. Law 22-124 shall apply as of October 1, 2017.

Editor's Notes

Section 3 of D.C. Law 17-260 provided that section 2 shall apply as of April 5, 2002.