2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 7 - Police and Firefighters Retirement and Disability › Subchapter IV - Officer Redeployment › § 5–761. Retired police officer redeployment

§ 5–761. Retired police officer redeployment.
(a) Except for a disability annuitant, a police officer retired from the Metropolitan Police Department shall be eligible for rehire at the discretion of the Chief of the Metropolitan Police Department as a fully sworn temporary full-time or temporary part-time police officer without jeopardy to the retirement benefits of the police officer.
(a-1) Except for a disability annuitant, a police officer retired from the Metropolitan Police Department shall be eligible for rehire at the discretion of the Director of the Department of Forensic Sciences as a temporary full-time or temporary part-time employee without jeopardy to the retirement benefits of the employee.
(b) A retired police officer who is rehired under subsection (a) of this section shall be vested with full police powers, including, but not limited to, the authority to carry a firearm.
(c) Service under this section shall not count as creditable service for the purposes of § 5-704.
(d) A retired police officer who is rehired under subsection (a) of this section shall be paid a salary of no more than that equal to the salary paid a Class 1, Step 5 Officer and shall not be eligible for longevity pay.
(d-1) A retired police officer who is rehired under subsection (a-1) of this section may be rehired in a supervisory or non-supervisory position and shall be paid a salary of no more than the highest grade available for the position assigned.
(e) Notwithstanding subsections (d) and (d-1) of this section, a rehired annuitant shall not be required to refund any salary paid prior to January 5, 1993.
(f) No retired police officer who is rehired under this section shall be detailed to any agency of the District of Columbia government other than the Metropolitan Police Department and the Department of Forensic Sciences.
(g) The provisions of this section shall apply to any police officer hired after September 29, 1992.
(h)(1) Notwithstanding subsection (d) of this section, a police officer who retired at a rank other than Officer who is rehired under subsection (a) of this section before October 1, 2023, shall be eligible to be paid for the duration of rehire a salary of no more than the salary paid at the following service steps:
(A) Class 3 (Detective Grade 1) – Step 4; or
(B) Class 4 (Sergeant) – Step 3.
(2) Repealed.
(3) A retired police officer rehired under subsection (a) of this section and paid under paragraph (1) of this subsection shall not be paid for more than 5 years from the date on which the officer was rehired.
(Sept. 29, 1992, D.C. Law 9-163, § 2, 39 DCR 5705; Sept. 30, 1993, D.C. Law 10-17, § 2, 40 DCR 5453; Sept. 22, 1994, D.C. Law 10-170, § 2, 41 DCR 5147; Apr. 20, 1999, D.C. Law 12-253, § 2(a), 46 DCR 1274; June 30, 2016, D.C. Law 21-125, § 213, 63 DCR 4659; Apr. 22, 2017, D.C. Law 21-280, § 3, 64 DCR 168; Oct. 30, 2018, D.C. Law 22-168, § 3012, 65 DCR 9388; Sept. 11, 2019, D.C. Law 23-16, § 3012, 66 DCR 8621; Dec. 3, 2020, D.C. Law 23-149, § 3032, 67 DCR 10493; Apr. 21, 2023, D.C. Law 24-348, § 7, 70 DCR 937.)
Prior Codifications
1981 Ed., § 4-618.1.
1973 Ed., § 4-635.
Section References
This section is referenced in § 5-704.
Expiration of Law
Expiration of Law 9-163
Section 6(b) of D.C. Law 9-163 provided that, except for section 5, the act shall expire on October 1, 1997.
Section 2(b) of D.C. Law 12-253 provided that § 6(b) of D.C. Law 9-163 is repealed.
Applicability
Applicability of D.C. Law 24-348: § 10 of D.C. Law 24-348 provided that the change made to this section by § 7 of D.C. Law 24-348 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 3012 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).
For temporary (90 days) amendment of this section, see § 3012 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).
For temporary (90 days) amendment of this section, see subtitle B of title III of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).
For temporary (90 days) amendment of this section, see subtitle B of title III of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).
For temporary (90 days) amendment of this section, see § 2 of Senior Law Enforcement Officer Emergency Amendment Act of 2016 (D.C. Act 21-501, Oct. 12, 2016, 63 DCR 12936).
For temporary (90 days) amendment of this section, see § 2 of Crime Scene Investigator Hiring Clarification Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-399, May 19, 2016, 63 DCR 7914).
For temporary addition of section, see § 2 of the Retired Police Officer Redeployment Emergency Amendment Act of 1992 (D.C. Act 9-201, April 24, 1992, 39 DCR 3215).
For temporary amendment of section, see § 2 of the Rehired Police Officer Annuitant Salary and Deployment Clarification Emergency Amendment Act of 1992 (D.C. Act 9-391, January 5, 1993, 40 DCR 1148). Section 3 of the act provided that its provisions shall be retroactive to the effective date of the Retired Police Officer Redeployment Amendment Act of 1992, effective September 29, 1992 (D.C. Law 9-163; 39 DCR 5705).
For temporary eligibility of police officers retired from the Metropolitan Police Force to be rehired at the discretion of the Superintendent of the D.C. Public Schools as D.C. public school security personnel without jeopardy to their retirement benefits, see § 2 of the Retired Police Officer Public Schools Security Personnel Deployment Emergency Amendment Act of 1993 (D.C. Act 10-21, April 29, 1993, 40 DCR 2864).
For temporary (90 days) amendment of this section, see § 2 of the Crime Scene Investigator Hiring Clarification Emergency Amendment Act of 2016 (D.C. Act 21-327, Mar. 3, 2016, 63 DCR 3665).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 2 of Senior Law Enforcement Officer Temporary Amendment Act of 2016 (D.C. Law 21-175, Dec. 17, 2016, 63 DCR 13571).
For temporary (225 day) amendment of section, see § 2 of Retired Police Officer Redeployment Temporary Amendment Act of 1989 (D.C. Law 8-3, May 23, 1989, law notification 36 DCR 4153).
For temporary (225 day) addition of section, see § 2 of Retired Police Officer Redeployment Temporary Amendment Act of 1992 (D.C. Law 9-132, July 22, 1992, law notification 39 DCR 5813).
For temporary (225 day) amendment of section, see § 2 of Retired Police Officer Annuitant Salary and Deployment Clarification Temporary Amendment Act of 1992 (D.C. Law 9-265, March 31, 1993, law notification 39 DCR 2418).
For temporary (225 day) addition of section, see § 2 of Retired Police Officer Public Schools Security Personnel Deployment Temporary Amendment Act of 1993 (D.C. Law 10-5, July 31, 1993, law notification 40 DCR 5629).
For temporary (225 day) amendment of section, see § 3 of Juvenile Curfew and Retired Police Officer Redeployment Temporary Amendment Act of 1997 (D.C. Law 12-45, February 26, 1998, law notification 45 DCR 1506).
For temporary (225 day) amendment of section, see § 2(b) of Retired Police Officer Redeployment Temporary Amendment Act of 1998 (D.C. Law 12-204, March 26, 1999, law notification 46 DCR 3430).
Effective Dates
Section 3 of D.C. Law 10-17 provided that the provisions of the act shall be retroactive to the effective Dates of the Retired Police Officer Redeployment Amendment Act of 1992, effective September 29, 1992 (D.C. Law 9-163; 39 DCR 5705).
Editor's Notes
The current version of this section was enacted following the expiration of the section as previously enacted. The prior version of the section was first temporarily enacted by D.C. Act 8-7 (March 21, 1989, 36 DCR 2239); it was next temporarily enacted by D.C. Law 8-3, effective May 23, 1989 ( 36 DCR 2373), with an expiration on the 225th day of its having taken effect. The section was permanently enacted by D.C. Law 8-95, effective March 15, 1990 ( 37 DCR 786), with an expiration on April 1, 1992.
Metal detectors authorized: Section 4 of D.C. Law 10-5 provided that to the extent possible, the Board of Education shall install metal detectors in junior and senior high schools in accordance with the Board’s commitment in the fiscal year 1992 budget process.
Mayor authorized to issue regulations: Section 4 of D.C. Law 9-163 provided that the Mayor shall issue regulations necessary to carry out the provisions of this act.