Code of the District of Columbia

§ 38–2021.13. Definitions.

(a) The term “teacher,” under this part, shall include all teachers employed by the Board of Education in the public day schools of the District of Columbia, including other educational employees whose salaries are established in the District of Columbia Teachers’ Salary Act of 1945 [repealed], as amended, except the employees of the Department of School Attendance and Work Permits; whenever the pronoun “his” occurs in this part it shall be construed to mean both male and female; and the term “annual salary” shall be construed to mean the total annual income received during the fiscal year for service rendered in the public day schools (not including summer schools) of the District of Columbia, including basic salary, automatic increases, and longevity allowances, provided for in the District of Columbia Teachers’ Salary Act of 1945 [repealed], as amended, and all wartime additional compensation or bonus, and this definition of “annual salary” shall not be construed to affect any deductions which have been made prior to July 1, 1946, from any teacher’s “annual salary” as defined in subchapter I of this chapter.

(b) The term “average salary” shall mean the largest annual rate resulting from averaging, over any period of 3 consecutive years of eligible service, or in the case of a survivor annuity under § 38-2021.09(b) based on service of less than 3 years, over the total eligible service in the public schools of the District of Columbia, a teacher’s rates of annual salary in effect during such period, with each rate weighted by the time it was in effect.

(c) For purposes of this part, the term “eligible service” means service in the public schools of the District of Columbia under a temporary, probationary, or permanent appointment to a position, the rate of compensation of which is prescribed in the salary schedule adopted pursuant to §§ 1-611.11 and 1-617.16.

(d) For the purposes of this part, the term “domestic partner” shall have the same meaning as provided in § 32-701(3).

(e) For the purposes of this part, the term “domestic partnership” shall have the same meaning as provided in § 32-701(4).

(f) For the purposes of this part, the term “Internal Revenue Code” or “Internal Revenue Code of 1986” means the Internal Revenue Code of 1986, approved October 22, 1986 (100 Stat. 2085; 26 U.S.C. § 1 et seq.).


(Aug. 7, 1946, 60 Stat. 881, ch. 779, § 13; June 4, 1957, 71 Stat. 48, Pub. L. 85-46, § 1; Dec. 29, 1967, 81 Stat. 751, Pub. L. 90-231, § 1(8); May 22, 1970, 84 Stat. 257, Pub. L. 91-263, § 1(a); Oct. 21, 1972, 86 Stat. 1013, Pub. L. 92-518, title II, § 202(a)(2); May 10, 1989, D.C. Law 7-231, § 34(b), 36 DCR 492; Sept. 12, 2008, D.C. Law 17-231, § 32(d), 55 DCR 6758; May 1, 2013, D.C. Law 19-312, § 2(h), 60 DCR 3434.)

Prior Codifications

1981 Ed., § 31-1235.

1973 Ed., § 31-733.

Section References

This section is referenced in § 1-702, § 1-901.02, and § 38-2021.05.

Effect of Amendments

D.C. Law 17-231 added subsecs. (d) and (e).

The 2013 amendment by D.C. Law 19-312 added (f).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(h) of the Retirement of Public-School Teachers Omnibus Congressional Review Emergency Act of 2013 (D.C. Act 20-41, March 25, 2013, 60 DCR 5361, 20 DCSTAT 527).

Temporary Legislation

Section 2(h) of D.C. Law 19-313 added a new paragraph at the end to read as follows:

“For the purposes of this Act, the term ‘Internal Revenue Code’ or ‘Internal Revenue Code of 1986’ means the Internal Revenue Code of 1986, approved October 22, 1986 (100 Stat. 2085; 26 U.S.C. § 1 et seq.).”

Section 4(b) of D.C. Law 19-313 provided that the act shall expire after 225 days of its having taken effect.

References in Text

The “District of Columbia Teachers’ Salary Act of 1945, as amended,” referred to twice in subsection (a) of this section, was repealed by the Act of July 7, 1947, 61 Stat. 260, ch. 208, § 20.