SECTION-BY-SECTION ANALYSIS OF H.R. 15965 To amend the District of Columbia Teacher's Salary Act of 1955 to increase salaries, to provide certain revisions in the retirement benefits of public school teachers, and for other purposes. TITLE I Section 101 provides that title I may be cited as the "District of Columbia Teachers' Salary Act Amendments of 1972." Section 102 amends the District of Columbia Teachers' Salary Act of 1955 (D.C. Code, sec. 31-1501, et seq.) as follows: Section 102(2) eliminates reference to certain positions in section 2(a) of the employees in section 1 of the Act to provide an increase averaging 7 percent. The starting salary for teachers would be increased from the present $7,800 to $8,350. The titles of positions are not listed in the schedule itself, as is the case with the Federal salary schedule; however, section 102(3) lists each position and assigns it to the appropriate class. Section 102(1) also contains a new class, 1B, for the position of Vice Superintendent. Section 102(2) eliminates reference to certain positions in section 2(a) of the Act which are no longer included in the salary schedule; namely, Director of Food Services, Assistant Director of Food Services, and Supervising Director of Military Science and Tactics. Section 102 (2) also eliminates a reference to certain persons appointed prior to January 1, 1963. Section 102(3) lists positions covered by the Act and places employees who occupy the positions in appropriate salary classes. Section 1024) amends section 5(c) of the Act by striking an erroneous reference (section “5333 (a)" of the U.S. Code) and inserting in lieu thereof the correct reference (“5332(a)"). Section 102(5) amends section 5(c) of the Act to establish a simplified method of assignment of school principalship positions to the new salary schedule. It provides that the Board of Education, with the cooperation of the Commissioner must, within six months of enactment, evaluate the duties and responsibilities of each position on the basis of such workload factors as (1) the number of teachers, nonteaching personnel, and other professional and nonprofessional personnel supervised: (2) school enrollment; and (3) such other factors as the Board of Education deems appropriate. Based on this evaluation, each such position would be assigned to an appropriate salary class in the salary schedule contained in section 102(1). Thereafter, use of the present four-level salary schedule for principals within each group in class 6 would be abandoned. Section 102(6) repeats present evaluation procedures for principal positions. Section 102 (7) amends section 7(a) (1) of the Act by (A) eliminating references to positions no longer contained in the salary schedule: namely, chief librarian, assistant professor, associate professor, and professor: (B) providing the Board of Education with authority to place a new appointee in salary classes 3 through 6 in service steps 2 or 3 when such a person possesses unique or unusually high qualifications of special need to the school system, and when such person's annual salary immediately prior to such appointment was higher than the rate of compensation prescribed for the first service step of the class to which he is to be appointed. Currently, such newly appointed employees receive no credit for experience outside the District of Columbia Public Schools and must be placed in sten one. (C) striking out references to District of Columbia Teachers College personnel. personnel. Sections 102(8) (A) and (B) amend section 10 of the Act by providing that a promotion after the effective date of title 1 may be computed in certain instances from the first day of the "twelfth month" prior to the date of approval of promotion by the Board. Currently, such computation may be made from the "date of the regular Board meeting of the twelfth month" prior to the date of approval of such promotion by the Board. Section 102 (8) (C) also authorizes the Board of Education to correct administrative errors made in promotional placement on a retroactive basis. Section 102 (9)(A) provides an increase of approximately 7 percent in the salary schedule for educational personnel in the summer schools, veterans summer school centers, and adult education schools. Section 102 (9) (B) amends section 13 of the Act by removing the $1,000 limit on extra-duty pay that may be earned per activity per year. Section 102(9) (C) would eliminate the requirement that payment of extra-duty pay "be made in the same manner as regular pay." Section 102(9) (D) corrects an erroneous reference. Section 102(10) eliminates the present optional 20- or 24-pay period for teachers and places all employees on a uniform 24-pay period schedule. Section 102(11) grants the Board sole authority to regulate the vacation and annual leave of absence of all employees of the Board of Education whose saiaries are fixed in salary classes 1 through 14 inclusive. Currently, such authority extends only to salary classes 6 through 14 and contains certain exceptions within those classes. Section 102 (12) eliminate references to District of Columbia Teachers College personnel with regard to sick and emergency leave provisions for teachers. Section 103 amends existing provisions of law regarding payment of salary to class 15 and other employees paid on a ten-month basis to provide a twentyfour semimonthly payment basis for all such employees. Section 104 amends the Act of June 12, 1940 to authorize school officers who are on sabbatical leave to receive one-half of their annual salaries. While teachers may receive one-half of their salary when granted such leave, current law restricts such payment for officers to one-half of the maximum salary of a teacher in salary class 15. Section 105 provides a salary increase for employees covered by the Act effec tive September 1, 1973, based on the rise in the Consumer Price Index for the Washington Metropolitan Area between the period of August 1972 to August 1973. However, it places a ceiling on rates of compensation for such persons. The ceiling for employees other than the Superintendent is the basic pay for level V of the Executive Schedule contained in subchapter II of chapter 53 of title 5 of the United States Code. For the Superintendent, the limit is that provided as basic pay for level III of such Executive Schedule. Section 106 provides that the effective date of title I shall be the first day of the first pay period beginning on or after September 1, 1972. TITLE II Section 201 amends the Act entitled "An Act for the retirement of public school teachers in the District of Columbia" approved August 7, 1946, as follows: Section 201 (1) eliminates the requirement that a teacher electing a reduced annuity with a survivor benefit to his surviving spouse designate such spouse at the time of of retirement. It authorizes the widow or widower of a retired teacher who originally elected a reduced annuity with survivor benefit to his spouse to receive a survivor annuity even though such widow or widower married the teacher after retirement. In order to be eligible, however, the "subsequently least two years immediately before the retiree's death or be the parent of a child by that marriage; and (2) elect such annuity instead of any other survivor benefit to which he or she is entitled under the teachers' retirement act or other retirement system for District of Federal employees. The amount of annuity payable to the "subsequently acquired surviving spouse" is the same as would have been payable to the spouse designated at the time of retirement. Section 201 (1) also authorizes a retiring teacher to designate a portion of his life annuity which will be subject to reduction for purposes of a survivor annuity payable to his or her widow or widower. Section 201 (2) authorizes a teacher who was unmarried at retirement and who retired under a provision of law which permits payment of “a redneed annuity with survivor benefit to a spouse," to elect a reduced annuity with a survivor benefit to a spouse whom he or she married after retirement, as provided in paragraph (1) of subsection (b) of section 5 of the Act. The election is irrevocable and voids prospectively and irrevocably a prior "insurable interest election" or "life insurance benefit election” made under paragraph (2) or paragraph (3) of subsection (b) of such section of the Act. The election of such person who marries after the date of enactment must be made within one year after the post-retirement marriage. A retired teacher who was unmarried at the time of retirement, but married before the date of enactment, must make such election within one year of the date of enactment of title II. See section 202(c). A surviving spouse must meet the qualifications specified in paragraph (1) of subsection (b) of section 5 in order to be eligible for benefits. Section 201(3)(A) amends section 8 of the Act by eliminating the one-year limit on total credit granted for leaves of absence. Section 201(3)(B) prescribes that a teacher or former teacher who returns to duty after a period of separation shall be considered to have been on leave without pay for all or that part of the period of separation during which he was receiving Federal Employees' Compensation because of a job related illness or injury. Section 201 (4) amends section 9 of the Act to remove the "dependency" requirements for entitlement to a widower's survivorship annuity under that section. Section 202(a) provides that the amendments which entitle a spouse after retirement to a survivor annuity, shall not apply in the case of teachers or annuitants who died before the date of enactment of title II of the bill. Section 202(b) provides that the provisions of the bill which authorize a teacher to designate that portion of his life annuity which shall be subject to reduction for purposes of providing a survivor annuity, shall apply only to teachers retiring after the date of enactment of title II of the bill. Section 202(c) provides that the amendment allowing a teacher who was unmarried at retirement to make a new election upon marriage, shall apply to a teacher who later marries before the date of enactment only if the election is made within one year after the enactment of this title. Section 202(d) provides that the amendment which eliminates the one-year limitation on creditable leaves of absence shall apply only to teachers retiring after the date of enactment. Section 202 (e) provides that the amendment made by section 201 (3) (B) relating to credit for teachers returning to duty after a period of separation is effective only with respect to annuities accruing for full months beginning after the date of enactment of title II; however, any part of any period of separation in which the teacher was receiving such compensation shall be counted whether the teacher returns to duty before or after such date of enactment. A former teacher who retired before the date of enactment must file an application for such credit. Section 202 (f) provides that the amendments eliminating the dependency requirements for widower eligibility shall not apply in cases of teachers or annuitants who died before the date of enactment of title II. TITLE III Section 301 increases the motor vehicle excise tax from 4 percent to 5 percent. Section 302 increases the gross receipts tax on public utilities from 4 percent to 5 percent. Section 303 increases the sales tax on nonprescription drugs, laundry, and dry cleaning from 2 percent to 5 percent. Section 304 increases the use tax on nonprescription drugs, laundry, and dry cleaning from 2 percent to 5 percent. Section 305 provides that the increase in gross receipts tax on public utilities applies to the gross receipts of each gas company, electric light company, and telephone company for the fiscal year ending June 30, 1972 and for each succeeding year thereafter. Section 306 provides that the amendments made by sections 301, 303, and 304 of title III shall take effect on the first day of the first month which begins on or after the thirtieth day after the enactment of the bill. PRESENT LAW SALARY SCALES FOR D.C. TEACHERS AND SCHOOL PERSONNEL (As set forth in Title III of Public Law 91-297, 91st Congress, 82 Stat. 132, 135 H.R. 17138, approved June 30, 1970) TITLE III-SALARY INCREASE FOR DISTRICT OF COLUMBIA TEACHERS SEC. 301. This title may be cited as the "District of Columbia Teachers' Salary Act Amendments of 1970". SEC. 302. The District of Columbia Teachers' Salary Act of 1955 (D.C. Code. sec. 31-1501 et seq.) is amended as follows: (1) Section 1 (D.C. Code, sec. 31-1501) is amended by striking the salary schedules contained therein and inserting in lieu thereof the following: credit hours. 19, 525 18, 250 18,675 19,100 (308) |