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RIVERA v. LEW

No. 14-SP-117.

99 A.3d 269 (2014)

Cheryl RIVERA, Appellant, v. Jack LEW, et al., Appellees.

District of Columbia Court of Appeals.

Decided September 11, 2014.

Attorney(s) appearing for the Case

Ronald C. Machen Jr. , United States Attorney, and R. Craig Lawrence and Alan Burch , Assistant United States Attorneys, filed a motion for summary affirmance on behalf of the federal appellees.

Lonie Anne Hassel , Washington, DC, and Julia E. Zuckerman filed a motion for summary affirmance on behalf of appellees District of Columbia Retirement Board and District of Columbia Police Officers' and Firefighters' Retirement Plan.

Raymond S. Dietrich filed an opposition to the motions for summary affirmance on behalf of appellant.1

Before WASHINGTON, Chief Judge, and FISHER and EASTERLY, Associate Judges.

FISHER, Associate Judge:

Pursuant to D.C.Code § 11-723 (2012 Repl.), the United States Court of Appeals for the District of Columbia Circuit certified the following question of law to this court:

When a District of Columbia employee dies while still employed, must the Mayor comply with a posthumously-issued nunc pro tunc court order that on its face relates back to a date before the employee's death and retroactively

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