118 STAT. 3970 PUBLIC LAW 108–489—DEC. 23, 2004 (2) by adding at the end of the items relating to chapter 6 the following: ‘‘Sec. 11056. Termination of Federal Supplemental Fund.’’; (3) by redesignating the item relating to chapter 9 as relating to chapter 10; (4) by redesignating the items relating to sections 11081 through 11087 as relating to sections 11091 through 11097; and (5) by inserting after the items relating to chapter 8 the following: ‘‘CHAPTER 9—DISTRICT OF COLUMBIA FEDERAL PENSION FUND ‘‘Sec. 11081. Creation of Fund. ‘‘Sec. 11082. Uses of Amounts in Fund. ‘‘Sec. 11083. Transfer of Assets and Obligations of Trust Fund and Federal Supple- mental Fund. ‘‘Sec. 11084. Determination of Annual Federal Payment Into D.C . Federal Pension Fund. ‘‘Sec. 11085. Administration Through Pension Fund Trustee. ‘‘Sec. 11086. Applicability of Other Provisions to D.C. Federal Pension Fund.’’. SEC. 3. ADMINISTRATION OF DISTRICT OF COLUMBIA JUDICIAL RETIREMENT AND SURVIVORS ANNUITY FUND. (a) PROCEDURES FOR RESOLVING DENIED BENEFIT CLAIMS.— (1) IN GENERAL.—Section 11—1570(c), D.C. Official Code, is amended by adding at the end the following new paragraph: ‘‘(3)(A) In accordance with procedures approved by the Sec- retary, the Secretary shall provide to any individual whose claim for a benefit under this subchapter has been denied in whole or in part— ‘‘(i) adequate written notice of such denial, setting forth the specific reasons for the denial in a manner calculated to be understood by the average participant in the program of benefits under this subchapter; and ‘‘(ii) a reasonable opportunity for a full and fair review of the decision denying such claim. ‘‘(B) Any factual determination made by the Secretary pursuant to this paragraph shall be presumed correct unless rebutted by clear and convincing evidence. The Secretary’s interpretation and construction of the benefit provisions of this subchapter shall be entitled to great deference.’’. (2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall apply with respect to claims for benefits which are made after the date of the enactment of this Act. (b) TREATMENT OF MISAPPROPRIATION OF FUND AMOUNTS AS FEDERAL CRIME.— (1) IN GENERAL.—Section 11—1570, D.C. Official Code, is amended by adding at the end the following new subsection: ‘‘(l) The provisions of section 664 of title 18, United States Code (relating to theft or embezzlement from employee benefit plans), shall apply to the Fund.’’. (2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall take effect on the date of the enactment of this Act. SEC. 4. ADMINISTRATION OF RETIREMENT PROGRAM FOR POLICE OFFICERS, FIRE FIGHTERS, AND TEACHERS BY OTHER THAN CHIEF FINANCIAL OFFICER. (a) IN GENERAL.—Section 424(c)(21) of the District of Columbia Home Rule Act (sec. 1—204.24c(21), D.C. Official Code) is amended Notice. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00504 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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