PUBLIC lAW 104-134—APR. 26, 1996
110 STAT. 1321-124
(1) LEAVE OF ABSENCE FROM DISTRICT OF COLUMBIA PUBLIC
SCHOOLS. —The Superintendent shall grant, upon request, an
extended leave of absence, without pay, to an employee of
the District of Columbia public schools for the purpose of
permitting the employee to accept a position at a public charter
school for a 2-year term.
(2) REQUEST FOR EXTENSION. —At the end of a 2-year term
referred to in paragraph (1), an employee granted an extended
leave of absence without pay under such paragraph may submit
a request to the Superintendent for an extension of the leave
of absence for an unlimited number of 2-year terms. The Superintendent may not unreasonably (as determined by the eligible
chartering authority) withhold approval of the request.
(3) RIGHTS UPON TERMINATION OF LEAVE.—An employee
granted an extended leave of absence without pay for the
purpose described in paragraph (1) or (2) shall have the same
rights and benefits under law upon termination of such leave
of absence as an employee of the District of Columbia public
schools who is granted an extended leave of absence without
pay for any other purpose.
(b) RETIREMENT SYSTEM.—
(1) CREDITABLE SERVICE.—An employee of a public charter
school who has rticeived a leave of absence under subsection
(a) shall receive creditable service, as defined in section 2604
of D.C. Law 2-139, effective March 3, 1979 (D.C. Code, sec.
1-627.4) and the rules established under such section, for the
period of the employee's employment at the public charter
school.
(2) AUTHORITY TO ESTABLISH SEPARATE SYSTEM. — A public
charter school may establish a retirement system for employees
under its authority.
(3) ELECTION OF RETIREMENT SYSTEM.—^A former employee
of the District of Columbia public schools who becomes an
employee of a public charter school within 60 days after the
date the employee's employment with the District of Columbia
public schools is terminated may, at the time the employee
commences employment with the public charter school, elect—
(A) to remain in a District of Columbia Government
retirement system and continue to receive creditable service
for the period of their employment at a public charter
school; or
(B) to transfer into a retirement system established
by the public charter school pursuant to paragraph (2).
(4) PROHIBITED EMPLOYMENT CONDITIONS.—No public charter school may require a former employee of the District of
Columbia public schools to transfer to the public charter school's
retirement system as a condition of employment.
(5) CONTRIBUTIONS.—
(A) EMPLOYEES ELECTING NOT TO TRANSFER.—In the
case of a foraier employee of the District of Columbia
public schools who elects to remain in a District of Columbia (rovernment retirement system pursuant to paragraph
(3)(A), the public charter school that employs the person
shall make the same contribution to such system on behalf
of the person as the District of Columbia would have been
required to make if the person had continued to be an
employee of the District of Columbia public schools.
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