Except as provided in subchapter VI of Chapter 5 of Title 1 (§ 1-529.01 et seq.), none of the money mentioned in this part, including any assets of the District of Columbia Teachers’ Retirement Fund established by § 1-713(a), shall be assignable, either in law or equity, or be subject to execution or levy by attachment, garnishment, or other legal process, except with respect to a domestic relations order that substantially meets all of the requirements of section 414(p) of the Internal Revenue Code , as determined solely by the District of Columbia Retirement Board.
(Aug. 7, 1946, 60 Stat. 882, ch. 779, § 17; Nov. 17, 1979, 93 Stat. 866, Pub. L. 96-122, § 123(b)(1)(F); Mar. 16, 1989, D.C. Law 7-214, § 5, 36 DCR 513; May 1, 2013, D.C. Law 19-312, § 2(k), 60 DCR 3434.)
1981 Ed., § 31-1238.
1973 Ed., § 31-737.
The 2013 amendment by D.C. Law 19-312 rewrote the section.
For temporary amendment of section, see § 2(j) of the Retirement of Public-School Teachers Omnibus Emergency Amendment Act of 2012 (D.C. Act 19-584, January 1, 2013, 60 DCR 134).
For temporary (90 days) amendment of this section, see § 2(k) 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).
Section 2(k) of D.C. Law 19-313 amended this section to read as follows:
“Except as provided in the District of Columbia Spouse Equity Act of 1988, effective March 16, 1989 (D.C. Law 7-214; D.C. Official Code § 1-529.01 et seq.), none of the money mentioned in this act, including any assets of the District of Columbia Teachers’ Retirement Fund established by section 123(a) of the District of Columbia Retirement Reform Act, approved November 17, 1979 (93 Stat. 866; D.C Official Code § 1-713(a)), shall be assignable, either in law or equity, or be subject to execution or levy by attachment, garnishment, or other legal process, except with respect to a domestic relations order that substantially meets all of the requirements of section 414(p) of the Internal Revenue Code, as determined solely by the District of Columbia Retirement Board.”
Section 4(b) of D.C. Law 19-313 provided that the act shall expire after 225 days of its having taken effect.
The “District of Columbia Spouse Equity Act of 1988” is D.C. Law 7-214.
Structure District of Columbia Code
Title 38 - Educational Institutions
Chapter 20 - Retirement of Public School Teachers
Subchapter II - Retirement After June 30, 1946
§ 38–2021.01. Salary deductions; deposit
§ 38–2021.01a. Retirement credit for leave without pay
§ 38–2021.02. Retirement and Annuity Fund; income from investments; separate accounts
§ 38–2021.03. Voluntary and involuntary retirement
§ 38–2021.04. Disability retirement
§ 38–2021.05. Computation of annuity; options
§ 38–2021.06. Annuity of teachers retired for disability
§ 38–2021.07a. Required minimum distributions
§ 38–2021.08. Basis for determining annuity amount
§ 38–2021.09. Deferred annuity; annuity to survivors
§ 38–2021.10. Payment of beneficiaries
§ 38–2021.11. Consent to deductions
§ 38–2021.12. Discharge of teacher
§ 38–2021.14. Records and accounts; report to Congress. [Repealed]
§ 38–2021.15a. Disposition of forfeitures
§ 38–2021.16. Rules and regulations. [Repealed]
§ 38–2021.17. Funds not assignable or subject to execution
§ 38–2021.19. Recomputation of annuities
§ 38–2021.21. Adjustment of annuities on basis of price index; computation; definitions
§ 38–2021.23. Increased annuities for certain surviving spouses or domestic partners
§ 38–2021.24. Rollovers; purchase of service credit. [Transferred]
§ 38–2021.25. Internal Revenue Code limits. [Transferred]