4 Guam Code Ann. § 8128
Terms Used In 4 Guam Code Ann. § 8128
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
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discontinued until his withdrawal of such refusal, and should his refusal continue for one year, all rights of the member in any disability annuity may be revoked by the Board.
SOURCE: GC § 4212.5, as added by P.L. 13-199 (Nov. 11, 1976).
§ 8129. Same: Automatic Increases in and Additions to
Recomputed Annuities.
The recomputed disability retirement annuity set forth in § 8125 of this Chapter shall be subject to any of the following
applicable non-cumulative additions:
(a) Any member receiving a disability retirement annuity shall receive each year on the anniversary date of that person’s retirement or entitlement, an automatic sliding scale increase to be computed as follows:
(1) disability retirement annuitants receiving an annual annuity of Three Thousand Dollars ($3,000.00) or less shall receive an automatic annual increase of Three Hundred Dollars ($300.00);
(2) disability retirement annuitants receiving an annual annuity of more than Three Thousand Dollars ($3,000.00), but not more than Six Thousand Dollars ($6,000.00) shall receive an automatic annual increase of Two Hundred Fifty Dollars ($250.00);
(3) disability retirement annuitants receiving an annual annuity of more than Six Thousand Dollars ($6,000.00), but not more than Ten Thousand Dollars ($10,000.00), shall receive an automatic annual increase of Two Hundred Dollars ($200.00); and
(4) disability retirement annuitants receiving an annual annuity of more than Ten Thousand Dollars ($10,000.00) shall receive an automatic annual increase of One Hundred Dollars ($100.00).
(b) Any disability retirement annuitant who commenced receiving a disability retirement annuity prior to October 1,
1995, and who is entitled to disability retirement benefits under this Chapter shall receive, during the fiscal years
commencing on October 1, 2002 and ending on February 28,
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2003, an additional Four Thousand Two Hundred Thirty -Eight Dollars ($4,238.00), to replace the sum known as the One Thousand Two Hundred Dollars ($1,200.00), One Thousand Five Hundred Dollars ($1,500.00), Seven Hundred Dollar ($700.00), and Eight Hundred Thirty-Eight Dollars ($838.00) supplemental annuity benefits formerly contained in various General Appropriation Acts.
(c) Any disability retirement annuitant who commenced receiving a disability retirement annuity prior to October 1,
1999, and who is entitled to benefits under this Chapter, shall
receive, during the fiscal years commencing on October 1,
1999 and ending on September 30, 2001, an additional One
Thousand One Hundred Dollars ($1,100.00), to replace the annual cost of living increase formerly contained in various General Appropriation Acts.
(d) Any disability retirement annuitant who commenced receiving a disability retirement annuity on or after October
1, 1999, but prior to January 1, 2000, and who is entitled to
benefits under this Chapter shall receive, during the fiscal year commencing on October 1, 2000 and ending on September 30, 2001, an additional One Thousand One Hundred Dollars ($1,100.00), to replace the annual cost of living increase formerly contained in various General Appropriation Acts.
(e) Any disability retirement annuitant who commenced receiving a disability retirement annuity on or after January
1, 2000, but prior to October 1, 2000, and who is entitled to benefits under this Chapter shall receive, during the fiscal
year commencing on October 1, 2000 and ending September
30, 2001, an additional One Thousand One Hundred Dollars ($1,100.00), to replace the annual cost of living increase formerly contained in various General Appropriation Acts.
(f) Any disability retirement annuitant who commenced receiving a disability retirement annuity prior to October 1,
1995, and who is entitled to disability retirement benefits
under this Chapter shall receive, during the period commencing on March 1, 2003, and ending on October 28,
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2003, prospective non-cumulative supplemental annuity benefits as follows:
(1) Two Thousand Four Hundred Seventy-Two ($2,472.00) in Class 1 Retiree Supplemental Annuity Benefits, known as the sum of One Thousand Two Hundred Dollars ($1,200.00), One Thousand Five Hundred Dollars ($1,500.00), Seven Hundred Dollars ($700.00), and Eight Hundred Thirty-Eight Dollars ($838.00) in annual benefits formerly contained in various General Appropriation Acts, for those employees who retired as of October 1, 1977.
(2) One Thousand Seven Hundred Seventy-two ($1,772.00) in Class 2 Retiree Supplemental Annuity Benefits comprised of the sum of One Thousand Five Hundred Dollars ($1,500.00), Seven Hundred Dollars ($700.00), and Eight Hundred Thirty-Eight Dollars ($838.00) in annual annuity benefits formerly contained in various General Appropriation Acts, for those employees who retired between October 2, 1977, and October 1, 1980.
(3) One Thousand Three Hundred Sixty-Four Dollars ($1,364.00) in Class 3 Retiree Supplemental Annuity Benefits, comprised of the sum of One Thousand Five Hundred Dollars ($1,500.00), and Eight Hundred Thirty-Eight Dollars ($838.00) in annual annuity benefits formerly contained in various General Appropriation Acts, for those employees who retired between October 2, 1980, and October 1, 1982.
(4) Eight Hundred Seventy-Five Dollars ($875.00) in Class 4 Retiree Supplemental Annuity Benefits, composed of the sum of One Thousand Five Hundred Dollars ($1,500.00) in annual annuity benefits, formerly contained in various General Appropriation Acts, for those employees who retired between October 2, 1982, and October 1, 1995, or their survivors.
(5) No persons eligible for Class 1, 2, 3 or 4 Retiree
Supplemental Annuity Benefits provided for in
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paragraph (f) of this Section shall receive such benefit if their regular annual retirement annuity prior to the supplemental amounts herein is more than Forty Thousand Dollars ($40,000.00). Persons eligible for Class 1, 2, 3, or 4 Retiree Supplemental Annuity Benefits shall only receive an amount of such benefits up to the total aggregate sum of Forty Thousand Dollars ($40,000.00) in combined retirement annuities and supplemental retirement annuities and not more.
(g) Any disability retirement annuitant who commenced receiving a disability retirement annuity prior to October 1, 1995, and who is entitled to disability retirement benefits under this Chapter shall receive, during the period commencing on October 1, 2022 and ending on September
30, 2023, for Fiscal Year 2023, prospective non-cumulative
supplemental annuity benefits as follows:
(1) Four Thousand Two Hundred Thirty-eight Dollars ($4,238) in Retiree Supplemental Annuity Benefits, known as the sum of One Thousand Two Hundred Dollars ($1,200), One Thousand Five Hundred Dollars ($1,500), Seven Hundred Dollars ($700), and Eight Hundred Thirty-eight Dollars ($838) in annual benefits formerly contained in various General Appropriation Acts.
(2) (A) No persons eligible for Retiree Supplemental Annuity Benefits provided for in this Subsection shall receive such benefit if their regular annual retirement annuity, excluding survivor benefits, prior to the supplemental amounts herein, exceeds Forty Thousand Dollars ($40,000).
(B) No persons eligible for Retiree Supplemental Annuity Benefits shall receive more than the sum of Forty Thousand Dollars ($40,000) in combined retirement annuities and supplemental retirement annuities.
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(3) Any disability retirement annuitant eligible to receive the supplemental annuity may waive their supplemental annuity payment authorized herein by the filing of a notarized affidavit waiving such payment with the Retirement Fund.
SOURCE: GC § 4212.6, as added by P.L. 13-199 (Nov. 11, 1976). Subsections (b), (d) and (e) repealed by P.L. 25-072:IV:6 (Sept. 30, 1999). Preamble (first paragraph) to § 8129 repealed by P.L. 25-072:IV:7(a). Repealed and reenacted by P.L. 25:072:IV:8. Subsection (e) added by P.L.
25-174:3 (Nov. 28, 2000) to correct misapplications and omissions. Subsection (b) amended by P.L. 26-036:29 (Oct. 1, 2001). Subsection (b)
amended by PL. 27-005:IV:25 (Feb. 28, 2003). Subsection (f) added by
P.L. 26-036:30 (Oct. 1, 2001), P.L. 27-005:IV:27 (Feb. 28, 2003). Subsection (g) added by P.L. 27-029:IV:17 (Sept. 19, 2003), repealed and
reenacted by P.L. 27-106:IV:17 (Sept. 30, 2004), amended by P.L. 28-
068:III:11 (Sept. 30, 2005), P.L. 28-150:IV:II:3 (Sept. 30, 2006), P.L. 29-
019:V:II:3 (Sept. 29, 2007), P.L. 29-113:V:II:3 (Sept. 30, 2008), P.L. 30-
055:XI:4 (Sept. 4, 2009), P.L. 30-196:XI:4 (Sept. 1, 2010), P.L. 31-
077:XI:4 (Sept. 20, 2011), P.L. 31-233:XI:5 (Sept. 7, 2012), P.L. 32-
068:XI:5 (Sept. 11, 2013), P.L. 32-181:XI:3 (Sept. 5, 2014), P.L. 33-
066:XI:3 (Sept. 5, 2015), P.L. 33-185:XI:3 (Sept. 10, 2016), P.L. 34-
042:XI:3 (Sept. 16, 2017), P.L. 34-116:XI:3 (Aug. 24, 2018), P.L. 35-
036:XI:3 (Sept. 4, 2019), P.L. 35-099:XII:3 (Sep. 15, 2020), P.L. 36-
054:XI:3 (Sept. 11, 2021) and P.L. 36-107:XI:3 (Sept. 12, 2022).