reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXIII - Public Sector Workers’ Compensation › § 1–623.22. Time for making claim

§ 1–623.22. Time for making claim.
(a) An original claim for compensation for disability or death must be filed within 2 years after the injury or death. Compensation for disability or death, including medical care in a disability case, may not be allowed if claim is not filed within that time unless:
(1) The immediate superior has actual knowledge of the injury or death within 30 days. The knowledge must be such to put the immediate superior reasonably on notice of an on-the-job injury or death; or
(2) Written notice of injury or death as specified in § 1-623.19 was given within 30 days.
(b) In a case of latent disability, the time for filing a claim does not begin to run until the employee has a compensable disability and is aware, or by the exercise of reasonable diligence should have been aware, of the causal relationship of the compensable disability to his or her employment. In such a case, the time for giving notice of injury begins to run when the employee is aware or, by the exercise of reasonable diligence, should have been aware that his or her condition is causally related to his or her employment, whether or not there is a compensable disability.
(c) The timely filing of a disability claim because of injury will satisfy the time requirements for a death claim based on the same injury.
(d) The time limitations in subsections (a) and (b) of this section do not:
(1) Begin to run against a minor until he or she reaches 21 years of age or has had a legal representative appointed; or
(2) Run against an incompetent individual while he or she is incompetent and has no duly appointed legal representative; or
(3) Run against any individual whose failure to comply is excused by the Mayor on the ground that such notice could not be given because of exceptional circumstances.
(e) An injured worker may reopen a case within one year after the date of the last payment of indemnity or the final order issued by a judicial entity.
(Mar. 3, 1979, D.C. Law 2-139, § 2322, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(y), 27 DCR 2632; Sept. 24, 2010, D.C. Law 18-223, § 1062(b)(12), 57 DCR 6242.)
Prior Codifications
1981 Ed., § 1-624.22.
1973 Ed., § 1-353.22.
Section References
This section is referenced in § 1-623.18 and § 1-623.21.
Effect of Amendments
D.C. Law 18-223, in subsec. (a), substituted “2 years” for “3 years”; and added subsec. (e).
Emergency Legislation
For temporary (90 day) amendment of section, see § 1062(b)(12) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXIII - Public Sector Workers’ Compensation › § 1–623.25. Misbehavior at proceedings

§ 1–623.25. Misbehavior at proceedings.
If an individual does the following: (1) Disobeys or resists a lawful order or process in proceedings under this subchapter before the Mayor or his or her representative; or (2) misbehaves during a hearing or so near the place of hearing as to obstruct it, the Mayor or his or her representative shall certify the facts to the Superior Court of the District of Columbia. The Court, in a summary manner, shall hear the evidence as to the acts complained of and, if the evidence warrants, punish the individual in the same manner and to the same extent as for a contempt committed before the Court, or commit the individual on the same conditions as if the forbidden act has occurred with reference to the process of or in the presence of the Court.
(Mar. 3, 1979, D.C. Law 2-139, § 2325, 25 DCR 5740.)
Prior Codifications
1981 Ed., § 1-624.25.
1973 Ed., § 1-353.25.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXIII - Public Sector Workers’ Compensation › § 1–623.26. Subpoenas; oaths; examination of witnesses

§ 1–623.26. Subpoenas; oaths; examination of witnesses.
The Mayor, on any matter within his or her jurisdiction under this subchapter, shall have the authority to:
(1) Issue subpoenas for and compel the attendance of witnesses within a radius of 100 miles of the District of Columbia;
(2) Administer oaths;
(3) Examine witnesses; and
(4) Require the production of books, papers, documents, and other evidence.
(Mar. 3, 1979, D.C. Law 2-139, § 2326, 25 DCR 5740.)
Prior Codifications
1981 Ed., § 1-624.26.
1973 Ed., § 1-353.26.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXIII - Public Sector Workers’ Compensation › § 1–623.30. Assignment of claim

§ 1–623.30. Assignment of claim.
An assignment of a claim for compensation under this subchapter is void. Compensation and claims for compensation are exempt from claims of creditors.
(Mar. 3, 1979, D.C. Law 2-139, § 2330, 25 DCR 5740.)
Prior Codifications
1981 Ed., § 1-624.30.
1973 Ed., § 1-353.30.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXIII - Public Sector Workers’ Compensation › § 1–623.31. Subrogation of the District of Columbia

§ 1–623.31. Subrogation of the District of Columbia.
(a)(1) If an injury or death for which compensation is payable under this subchapter is caused under circumstances creating a legal liability on a person other than the District of Columbia government to pay damages, the Mayor may require the beneficiary to do the following:
(A) Assign to the District of Columbia government any right of action he or she may have to enforce the liability or any right he or she may have to share in money or other property received in satisfaction of that liability; or
(B) Prosecute the action in his or her own name.
(2) An employee required to appear as a party or witness in the prosecution of such an action is in an active duty status while so engaged.
(b) A beneficiary who refuses to assign or prosecute an action in his or her own name when required by the Mayor is not entitled to compensation under this subchapter.
(c) The Mayor may prosecute or compromise a cause of action assigned to the District of Columbia government. When the Mayor realizes on the cause of action, he or she shall deduct therefrom and place to the credit of the Employees’ Compensation Fund the amount of compensation already paid to the beneficiary and the expense of realization or collection. Any surplus shall be paid to the beneficiary and credited on future payment of compensation payable for the same injury. The beneficiary is entitled to not less than one-fifth of the net amount of a settlement or recovery remaining after the expenses thereof have been deducted.
(Mar. 3, 1979, D.C. Law 2-139, § 2331, 25 DCR 5740.)
Prior Codifications
1981 Ed., § 1-624.31.
1973 Ed., § 1-353.31.
Section References
This section is referenced in § 1-623.42.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXIII - Public Sector Workers’ Compensation › § 1–623.32. Adjustment after recovery from third person

§ 1–623.32. Adjustment after recovery from third person.
If an injury or death for which compensation is payable under this subchapter is caused under circumstances creating a legal liability in a person other than the District of Columbia government to pay damages, and a beneficiary entitled to compensation from the District of Columbia government for that injury or death receives money or other property in satisfaction of that liability as a result of suit or settlement by him or her in his or her behalf, the beneficiary, after deducting therefrom the costs of suit and a reasonable attorney’s fee, shall refund to the District of Columbia government the amount of compensation paid by the District of Columbia government and credit any surplus on future payments of compensation payable to him or her for the same injury. No court, insurer, attorney or other person shall pay or distribute to the beneficiary or his or her designee the proceeds of such suit or settlement without first satisfying or assuring satisfaction of the interest of the District of Columbia government. The amount refunded to the District of Columbia government shall be credited to the Employees’ Compensation Fund. If compensation has not been paid to the beneficiary, he or she shall credit the money or property on compensation payable to him or her by the District of Columbia government for the same injury. However, the beneficiary is entitled to retain, as a minimum, at least one-fifth of the net amount of the money or other property remaining after the expenses of a suit or settlement have been deducted, and, in addition to this minimum and at the time of distribution, to retain an amount equivalent to a reasonable attorney’s fee proportionate to the refund to the District of Columbia government.
(Mar. 3, 1979, D.C. Law 2-139, § 2332, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(bb), 27 DCR 2632.)
Prior Codifications
1981 Ed., § 1-624.32.
1973 Ed., § 1-353.32.
Section References
This section is referenced in § 1-623.42.
Cross References
Health care assistance reimbursement, rights to reimbursement, see § 4-601 et seq.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXIII - Public Sector Workers’ Compensation › § 1–623.34. Funeral expenses; transportation of body

§ 1–623.34. Funeral expenses; transportation of body.
(a) If death results from an injury sustained in the performance of duty, the District of Columbia government shall pay, to the personal representative of the deceased or otherwise, funeral and burial expenses not to exceed $5,000, at the discretion of the Mayor.
(b) The body of an employee whose home was in the United States, at the discretion of the Mayor, may be embalmed and transported in a hermetically sealed casket to his or her home or last place of residence at the expense of the Employees’ Compensation Fund if:
(1) The employee dies from:
(A) The injury while away from his or her home or official station or outside the United States; or
(B) Other causes while away from his or her home or official station for the purposes of receiving medical or other services, appliances, supplies, or examination under this subchapter; and
(2) The relatives of the employee request the return of the body.
If the relatives do not request the return of the body of the employee, the Mayor may provide for its disposition and incur and pay from the Employees’ Compensation Fund the necessary and reasonable transportation, funeral and burial expenses.
(Mar. 3, 1979, D.C. Law 2-139, § 2334, 25 DCR 5740; Mar. 6, 1991, D.C. Law 8-198, § 3(f), 37 DCR 6890.)
Prior Codifications
1981 Ed., § 1-624.34.
1973 Ed., § 1-353.34.
Section References
This section is referenced in § 1-623.09 and § 1-623.33.
Editor's Notes
Mayor authorized to issue rules: See Historical and Statutory Notes following § 1-623.01.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXIII - Public Sector Workers’ Compensation › § 1–623.35. Lump-sum settlements

§ 1–623.35. Lump-sum settlements.
(a) The claimant may enter into an agreement with the Mayor or his or her designee for a lump-sum settlement. Such settlements must be in writing and signed by the Mayor or his or her designee and the claimant. If the claimant is represented by counsel, the settlement documents must also be signed by the attorney for the claimant. Such settlements are to be the complete and final dispositions of a case and once approved require no further action by the Mayor or his or her designee.
(b) In reaching an agreement for a lump-sum settlement pursuant to this section, the probability of the death of the beneficiary before the expiration of the period during which he or she is entitled to compensation shall be determined according to the most current available United States Life Tables, as developed by the United States Department of Health and Human Services, but the lump-sum payment to a surviving spouse or domestic partner of the deceased employee may not exceed 60 months’ compensation. The probability of the occurrence of any other contingency affecting the amount or duration of compensation shall be disregarded.
(c) On remarriage or entry into a domestic partnership before reaching age 60, a surviving spouse or domestic partner entitled to compensation under § 1-623.33 shall be paid a lump-sum equal to 24 times the monthly compensation payment (excluding compensation on account of another individual) to which he or she was entitled immediately before the remarriage or entry into a domestic partnership.
(d) Lump-sum settlements may not be reviewed or modified under § 1-623.24 or § 1-623.28, except in case of fraud or misrepresentation by any party.
(Mar. 3, 1979, D.C. Law 2-139, § 2335, 25 DCR 5740; Mar. 26, 1999, D.C. Law 12-175, § 2102(g), 45 DCR 7193; Sept. 12, 2008, D.C. Law 17-231, § 3(j), 55 DCR 6758.)
Prior Codifications
1981 Ed., § 1-624.35.
1973 Ed., § 1-353.35.
Section References
This section is referenced in § 1-623.37.
Effect of Amendments
D.C. Law 17-231 substituted “surviving spouse or domestic partner” for “widow or widower”; in subsec. (c), substituted “remarriage or enters into a domestic partnership” for “remarriage”.
Emergency Legislation
For temporary amendment of section, see § 1702(g) of the Fiscal Year 1999 Budget Support Emergency Act of 1998 (D.C. Act 12-401, July 13, 1998, 45 DCR 4794), and § 1702(g) of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1998 (D.C. Act 12-564, January 12, 1999, 46 DCR 669).
For temporary (90-day) amendment of section, see § 1702(g) of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1999 (D.C. Act 13-41, March 31, 1999, 46 DCR 3446).
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXIII - Public Sector Workers’ Compensation › § 1–623.36. Injury incurred; initial payments outside United States

§ 1–623.36. Injury incurred; initial payments outside United States.
If an employee is injured outside the continental United States, the Mayor may arrange and provide for initial payment of compensation and initial furnishing of other benefits under this subchapter by an employee or agent of the District of Columbia government designated by the Mayor for that purpose in the locality in which the employee was employed or the injury incurred.
(Mar. 3, 1979, D.C. Law 2-139, § 2336, 25 DCR 5740.)
Prior Codifications
1981 Ed., § 1-624.36.
1973 Ed., § 1-353.36.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXIII - Public Sector Workers’ Compensation › § 1–623.38. Minimum limit modification for noncitizens and aliens

§ 1–623.38. Minimum limit modification for noncitizens and aliens.
The minimum limit on monthly compensation for disability under § 1-623.12 and the minimum limit on monthly pay on which death compensation is computed under § 1-623.33 do not apply in the case of a noncitizen employee or a class or classes of noncitizen employees who sustain injury outside the continental United States. The Mayor may establish a minimum monthly pay on which death compensation is computed in the case of a class or classes of such noncitizen employees.
(Mar. 3, 1979, D.C. Law 2-139, § 2338, 25 DCR 5740.)
Prior Codifications
1981 Ed., § 1-624.38.
1973 Ed., § 1-353.38.
Section References
This section is referenced in § 1-623.12.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXIII - Public Sector Workers’ Compensation › § 1–623.39. Student-employees

§ 1–623.39. Student-employees.
A student-employee, as defined by § 5351 of Title 5 of the United States Code , who suffers disability or death as a result of personal injury arising out of and in the course of training, or incurred in the performance of duties in connection with that training, is considered for the purpose of this subchapter an employee who incurred the injury in the performance of duty.
(Mar. 3, 1979, D.C. Law 2-139, § 2339, 25 DCR 5740.)
Prior Codifications
1981 Ed., § 1-624.39.
1973 Ed., § 1-353.39.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXIII - Public Sector Workers’ Compensation › § 1–623.40. Administration. [Repealed]

§ 1–623.40. Administration. [Repealed]
Repealed.
(Mar. 3, 1979, D.C. Law 2-139, § 2340, 25 DCR 5740; Sept. 26, 1995, D.C. Law 11-52, § 810(i), 42 DCR 3684; Oct. 3, 2001, D.C. Law 14-28, § 1203(g), 48 DCR 6981.)
Prior Codifications
1981 Ed., § 1-624.40.
1973 Ed., § 1-353.40.
Emergency Legislation
For temporary (90 day) repeal of section, see § 1103(g) of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXIII - Public Sector Workers’ Compensation › § 1–623.41. Adjustments in compensation for disability or death

§ 1–623.41. Adjustments in compensation for disability or death.
(a) The Mayor shall award an across-the-board increase in compensation for disability or death whenever an across-the-board increase is awarded pursuant to §§ 1-611.05 and 1-611.06. The percentage amount and effective date of those increases shall be the same as for any increase granted under these sections.
(b) For the purposes of this section, the term "across-the-board increase" means a general pay and salary increase of general applicability that applies to a claimant's service or specific pay schedule.
(c) This section shall not apply to any collective bargaining agreements that are to the contrary.
(Mar. 3, 1979, D.C. Law 2-139, § 2341, 25 DCR 5740; Mar. 15, 1990, D.C. Law 8-92, § 2, 37 DCR 778; Apr. 5, 2005, D.C. Law 15-290, § 2(g), 52 DCR 1449; Dec. 15, 2015, D.C. Law 21-39, § 2, 62 DCR 13744.)
Prior Codifications
1981 Ed., § 1-624.41.
1973 Ed., § 1-353.41.
Section References
This section is referenced in § 1-623.33.
Effect of Amendments
D.C. Law 15-290 rewrote the section which had read:
“On or after April 1, 1990, increases in compensation payable due to disability or death shall be in the same percentage amount and shall have the same effective date as any base salary increase granted, pursuant to §§ 1-611.05 and 1-611.06, to employees in the Career and Excepted Services not covered by collective bargaining. To be eligible for the increase, the disability or death of the employee must have occurred at least 1 year prior to the effective date of the increase.”
The 2015 amendment by D.C. Law 21-39 would have rewritten the section.
Applicability
Section 7003 of D.C. Law 21-160 repealed section 3 of D.C. Law 21-39. Therefore the changes made to this section by D.C. Law 21-39 have been given effect.
Applicability of D.C. Law 21-39: § 3 of D.C. Law 21-39 provided that the change made to this section by § 2 of D.C. Law 21-39 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.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXIII - Public Sector Workers’ Compensation › § 1–623.42. Employees’ Compensation Fund

§ 1–623.42. Employees’ Compensation Fund.
(a)(1) Repealed.
(2) There is established in the District of Columbia government the Employees’ Compensation Fund (“Fund”), which shall consists of sums that the Council of the District of Columbia government or Congress, from time to time, may appropriate for or transfer to it and amounts that otherwise accrue to it under this chapter or other statute. The Fund is available without time limit for the payment of compensation and other benefits and expenses incurred to implement the provisions of this chapter.
(3) Repealed.
(b) Repealed.
(Mar. 3, 1979, D.C. Law 2-139, § 2342, 25 DCR 5740; Mar. 26, 1999, D.C. Law 12-175, § 2102(h), 45 DCR 7193; Apr. 20, 1999, D.C. Law 12-264, § 5(e), 46 DCR 2118; Aug. 16, 2008, D.C. Law 17-219, § 1013, 55 DCR 7598; Oct. 8, 2016, D.C. Law 21-160, §§ 1022, 1023, 63 DCR 10775.)
Prior Codifications
1981 Ed., § 1-624.42.
1973 Ed., § 1-353.42.
Effect of Amendments
D.C. Law 17-219 rewrote subsec. (a).
Applicability
Section 1023 of D.C. Law 21-160 provided that the changes made by section 1022 shall apply as of October 1, 2008.
Emergency Legislation
For temporary amendment of section, see § 1702(h) of the Fiscal Year 1999 Budget Support Emergency Act of 1998 (D.C. Act 12-401, July 13, 1998, 45 DCR 4794), and § 1702(h) of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1998 (D.C. Act 12-564, January 12, 1999, 46 DCR 669).
For temporary amendment of section, see § 2 of the Disability Compensation Administrative Financing Emergency Amendment Act of 1998 (D.C. Act 12-445, September 8, 1998, 45 DCR 6663), and § 2 of the Fiscal Year 1999 Disability Compensation Administrative Financing Emergency Amendment Act of 1998 (D.C. Act 12-572, January 12, 1999, 46 DCR 903).
For temporary (90 days) amendment of this section, see § 2 of the Employees' Compensation Fund Clarification Emergency Amendment Act of 2015 (D.C. Act 21-225, Dec. 17, 2015, 62 DCR 16245).
Temporary Legislation
For temporary (225 day) amendment of section, see § 2 of the Fiscal Year 1999 Disability Compensation Administrative Financing Temporary Amendment Act of 1998 (D.C. Law 12-239, April 20, 1999, law notification 46 DCR 4152).
For temporary (225 days) amendment of this section, see § 2 of the Employees' Compensation Fund Clarification TemporaryAmendment Act of 2015 (D.C. Law 21-86, Mar. 9, 2016, 63 DCR 790).
Short Title
Short title: Section 1012 of D.C. Law 17-219 provided that subtitle F of title I of the act may be cited as the “Employee Compensation Fund Allowance and Clarification Amendment Act of 2008”.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXIII - Public Sector Workers’ Compensation › § 1–623.43. Compensation leave

§ 1–623.43. Compensation leave.
Any employee who has used leave as a result of a job-related injury or occupational disease or illness approved by the District government may have such leave restored to his or her credit in accordance with rules and regulations established by the Mayor.
(Mar. 3, 1979, D.C. Law 2-139, § 2343, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(dd), 27 DCR 2632.)
Prior Codifications
1981 Ed., § 1-624.43.
1973 Ed., § 1-353.43.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXIII - Public Sector Workers’ Compensation › § 1–623.46. Transfer of authority

§ 1–623.46. Transfer of authority.
In accordance with § 1-202.04(e), the disability compensation functions previously exercised by the United States Secretary of Labor relating to the processing of claims by injured employees of the District of Columbia are transferred to the Mayor on the date that this chapter becomes effective as provided in § 1-636.02.
(Mar. 3, 1979, D.C. Law 2-139, § 2346, 25 DCR 5740.)
Prior Codifications
1981 Ed., § 1-624.46.
1973 Ed., § 1-353.46.
Editor's Notes
Application of 1980 amendments to subchapter: Section 3 of the Act of August 7, 1980, D.C. Law 3-81, provided that the amendments made throughout this subchapter by §§ 2(p) through (dd) of that Act shall not apply to applications for disability compensation filed between May 3, 1979, and August 16, 1979, and on February 19, 1980.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXIV - Reductions-in-Force › § 1–624.03. Responsibility

§ 1–624.03. Responsibility.
The appropriate personnel authority shall be responsible for making a final determination that a reduction in force is necessary and for ensuring that the provisions of this subchapter and rules and regulations issued pursuant to this subchapter are applied when effecting a reduction-in-force within their respective agency.
(Mar. 3, 1979, D.C. Law 2-139, § 2403, 25 DCR 5740; June 10, 1998, D.C. Law 12-124, § 101(x)(1), 45 DCR 2464.)
Prior Codifications
1981 Ed., § 1-625.3.
1973 Ed., § 1-354.3.
Editor's Notes
Applicability of § 101(x) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-624.01.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXIV - Reductions-in-Force › § 1–624.04. Appeals

§ 1–624.04. Appeals.
An employee who has received a specific notice that he or she has been identified for separation from his or her position through a reduction-in-force action may file an appeal with the Office of Employee Appeals if he or she believes that his or her agency has incorrectly applied the provisions of this subchapter or the rules and regulations issued pursuant to this subchapter. An appeal must be filed no later than 30 calendar days after the effective date of the action. The filing of an appeal shall not serve to delay the effective date of the action.
(Mar. 3, 1979, D.C. Law 2-139, § 2404, 25 DCR 5740; June 10, 1998, D.C. Law 12-124, § 101(x)(1), 45 DCR 2464; Sept. 30, 2004, D.C. Law 15-189, § 2(c), 51 DCR 6734.)
Prior Codifications
1981 Ed., § 1-625.4.
1973 Ed., § 1-354.4.
Effect of Amendments
D.C. Law 15-189 substituted “30” for “15”.
Editor's Notes
Applicability of § 101(x) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-624.01.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXIV - Reductions-in-Force › § 1–624.06. Abolishment of positions for Fiscal Year 1996. [Repealed]

§ 1–624.06. Abolishment of positions for Fiscal Year 1996. [Repealed]
Repealed.
(Mar. 3, 1979, D.C. Law 2-139, § 2406; as added Jan. 26, 1996, D.C. Law 11-78, § 401(b), 42 DCR 6181; Mar. 5, 1996, D.C. Law 11-98, § 201(b), 43 DCR 5; Aug. 1, 1996, D.C. Law 11-152, § 501, 43 DCR 2978; Apr. 26, 1996, 110 Stat. 216, Pub. L. 104-134, § 149(b); June 10, 1998, D.C. Law 12-124, § 101(x)(2), 45 DCR 2464.)
Prior Codifications
1981 Ed., § 1-625.6.
Editor's Notes
Applicability of § 101(x) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-624.01.
“Sec. 401. (a) Section 101(d), (k), (p), (s), and (x) of this act shall apply upon the enactment of legislation by the United States Congress that states the following:
“Notwithstanding any other law, section 101(d), (k), (p), (s), and (x) of the Omnibus Personnel Reform Amendment Act of 1998, effective June 10, 1998 (D.C. Law 12-124; 45 DCR 2464) are enacted into law.”
Pub. L. 105-277, Div. C, Title I, § 134, Oct. 21, 1998, 112 Stat. 2681-596, provided: “Sec. 134. Notwithstanding any other law, sections 101(d), (k), (p), (s) and (x) of the Omnibus Personnel Reform Amendment Act of 1998, D.C. Law 12-124, effective June 11, 1998, are enacted into law.”
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXIV - Reductions-in-Force › § 1–624.07. Abolishment of positions for Fiscal Year 1997. [Repealed]

§ 1–624.07. Abolishment of positions for Fiscal Year 1997. [Repealed]
Repealed.
(Mar. 3, 1979, D.C. Law 2-139, § 2407; as added Sept. 9, 1996, 110 Stat. 2372, Pub. L. 104-194, § 140(b); Apr. 9, 1997, D.C. Law 11-200 § 2, 43 DCR 5427; Apr. 9, 1997, D.C. Law 11-255, § 57, 44 DCR 1271; June 10, 1998, D.C. Law 12-124, § 101(x)(2), 45 DCR 2464.)
Prior Codifications
1981 Ed., § 1-625.5.
Editor's Notes
Applicability of § 101(x) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-624.01.
D.C. Law 12-124, Title IV, § 401(a), as amended by D.C. Law 12-264, § 60 ( 46 DCR 2118), eff. April 20, 1999, provided:
“Sec. 401. (a) Section 101(d), (k), (p), (s), and (x) of this act shall apply upon the enactment of legislation by the United States Congress that states the following:
“Notwithstanding any other law, section 101(d), (k), (p), (s), and (x) of the Omnibus Personnel Reform Amendment Act of 1998, effective June 10, 1998 (D.C. Law 12-124; 45 DCR 2464) are enacted into law.”
Pub. L. 105-277, Div. C, Title I, § 134, Oct. 21, 1998, 112 Stat. 2681-596, provided: “Sec. 134. Notwithstanding any other law, sections 101(d), (k), (p), (s) and (x) of the Omnibus Personnel Reform Amendment Act of 1998, D.C. Law 12-124, effective June 11, 1998, are enacted into law.”
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXIV - Reductions-in-Force › § 1–624.09. Severance pay

§ 1–624.09. Severance pay.
(a) An employee separated pursuant to this subchapter shall be entitled to severance pay in accordance with subchapter XI of this chapter, except as provided in this section.
(b) Additional service credit shall be applied as follows:
(1) Four years for an employee who qualifies for veterans preference; and
(2) Three years for an employee who qualifies for District residency preference.
(c) The total severance pay received over an employee’s career in the District government shall not exceed 26 weeks of pay at the rate received immediately before separation.
(Mar. 3, 1979, D.C. Law 2-139, § 2409; as added June 10, 1998, D.C. Law 12-124, § 101(x)(3), 45 DCR 2464; Apr. 12, 2000, D.C. Law 13-91, §§ 108(c), 109(e), 47 DCR 520.)
Prior Codifications
1981 Ed., § 1-625.8.
Section References
This section is referenced in § 1-608.01a and § 1-609.58.
Effect of Amendments
D.C. Law 13-91 designated the former introductory paragraph as subsec. (a), and redesignated former par. (1) as subsec. (b), former subpar. (1)(A) as par. (b)(1), former subpar. (1)(B) as par. (b)(2), and former par. (2) as subsec. (c).
Emergency Legislation
For temporary (90 day) amendment of section, see § 2 of the Mental Retardation and Developmental Disabilities Administration Voluntary Severance Incentive Plan Emergency Act of 2000 (D.C. Act 13-548, January 11, 2001, 48 DCR 774).
Editor's Notes
Applicability of § 101(x) of D.C. Law 12-124: Section 401(a) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(d), (k), (p), (s), and (x) of this act shall apply upon the enactment of legislation by the United States Congress that states the following: “Notwithstanding any other law, section 101(d), (k), (p), (s), and (x) of the Omnibus Personnel Reform Act of 1998, adopted by the Council of the District of Columbia is enacted into law.” Section 134 of Title I of Division C of Pub. L. 105-277, 112 Stat. 2681-596, provided that “Notwithstanding any other law, sections 101(d), (k), (p), (s), and (x) of the Omnibus Personnel Reform Amendment Act of 1998, D.C. Law 12-124, effective June 11, 1998, are enacted into law.”
Construction of Law
Construction of Law 12-124
Section 301 of D.C. Law 12-124 provided that nothing in the act shall be construed as superseding the provisions of the National Capital Revitalization and Self-Government Improvement Act of 1997, approved August 5, 1997 (Public Law 105-33; 111 Stat. 712), except that § 47-395.04(b)(3) is expressly superseded. Further, nothing in the act shall be construed as superseding the provisions of § 47-391.01 et seq. or of § 164 of the District of Columbia Appropriations Act, 1998, approved November 19, 1997 (Public Law 105-100; 111 Stat. 2160).
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXIV-A - Transition Benefits for Displaced Employees › § 1–624.21. Outplacement services for displaced employees in Fiscal Year 1996

§ 1–624.21. Outplacement services for displaced employees in Fiscal Year 1996.
The outplacement services provided by the Mayor to employees displaced during Fiscal Year 1996 shall include provisions for the following:
(1) Counseling services for stress and finance management;
(2) Access to automated job information services;
(3) Job fairs;
(4) Coordination of training and job banks with the D.C. Chamber of Commerce, Business Coalition, and labor organizations;
(5) Consulting with regional governments concerning job vacancies and job banks;
(6) Workshops on writing resumes; and
(7) Access to facsimile and copying machines, computers, typewriters, and telephones where local calls can be made to prospective employers.
(Mar. 3, 1979, D.C. Law 2-139, § 2421; as added Mar. 5, 1996, D.C. Law 11-98, § 601, 43 DCR 5.)
Prior Codifications
1981 Ed., § 1-625A.1.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXIV-A - Transition Benefits for Displaced Employees › § 1–624.22. Transition benefits for displaced employees in Fiscal Year 1996

§ 1–624.22. Transition benefits for displaced employees in Fiscal Year 1996.
(a) This section shall apply only to employees displaced as a result of a reduction-in-force in Fiscal Year 1996.
(b) Any employee who is displaced as a result of the reduction-in-force procedure in Fiscal Year 1996 may be eligible for, to the extent there are Fiscal Year 1996 appropriations, the following:
(1) Continuation of health insurance benefits and premium contribution at the same rate as the employee had been subsidized by the District while an active employee for 2 months after separation or upon the commencement of new employment, whichever occurs first;
(2) Child care vouchers in the amount of $75 per week payable to a licensed day care provider for each week the displaced employee is certified to be unemployed for the 6-month period following separation or through the end of the first week when the displaced employee is no longer unemployed, whichever occurs first; and
(3) Tuition assistance to attend any vocational training or GED program not to exceed one-half the yearly cost for any full-time District resident student at UDC.
(c) The benefits contained in subsection (b) of this section are subject to the following limitations:
(1) The displaced employee must be a bona fide District resident at the time of separation and must have filed a District of Columbia income tax return in the 2 years prior to separation;
(2) The continued coverage under subsection (b)(1) and (2) of this section for District employees enrolled in the Federal Employee Health Benefits Plan and Federal Employees Group Life Insurance Plan are subject to the federal regulations governing these benefits;
(3) The employee must not have been the recipient of the early out or easy out retirement incentive or voluntary severance incentive programs in Fiscal Year 1996;
(4) The limit of the Fiscal Year 1996 appropriations for this program;
(5) The employee cannot have been offered a position with a contractor for government services under § 2-352.05, and refused such offer of employment;
(6) Nothing in subsection (b) of this section shall be construed as an entitlement to any benefits; and
(7) No benefits set forth in subsection (b) of this section shall be available in any future Fiscal Year without additional appropriations for those benefits.
(Mar. 3, 1979, D.C. Law 2-139, § 2422; as added Mar. 5, 1996, D.C. Law 11-98, § 601, 43 DCR 5; Sept. 26, 2012, D.C. Law 19-171, § 204, 59 DCR 6190.)
Prior Codifications
1981 Ed., § 1-625A.2.
Effect of Amendments
The 2012 amendment by D.C. Law 19-171 substituted “§ 2-352.05” for “§ 2-301.05b(a)” in (c)(5).
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXIV-A - Transition Benefits for Displaced Employees › § 1–624.23. Administration of subchapter

§ 1–624.23. Administration of subchapter.
The Department of Employment Services shall have responsibility for the administration of this subchapter.
(Mar. 3, 1979, D.C. Law 2-139, § 2423; as added Mar. 5, 1996, D.C. Law 11-98, § 601, 43 DCR 5.)
Prior Codifications
1981 Ed., § 1-625A.3.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXIV-A - Transition Benefits for Displaced Employees › § 1–624.24. Reports

§ 1–624.24. Reports.
The Department of Employment Services shall submit quarterly reports, until January 1, 1997, on the effectiveness of outplacement services.
(Mar. 3, 1979, D.C. Law 2-139, § 2424; as added Mar. 5, 1996, D.C. Law 11-98, § 601, 43 DCR 5.)
Prior Codifications
1981 Ed., § 1-625A.4.
Cross References
Merit system, effective date provisions, see § 1-636.02.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXV - Political Rights of Employees › § 1–625.01. Hatch Act retention

§ 1–625.01. Hatch Act retention.
The provisions of subchapter III of Chapter 73 of Title 5 of the United States Code, affecting political activities of employees of the District of Columbia, shall remain effective.
(Mar. 3, 1979, D.C. Law 2-139, § 2512, 25 DCR 5740; renumbered § 2501, Aug. 1, 1979, D.C. Law 3-14, § 2(c), 25 DCR 10565.)
Prior Codifications
1981 Ed., § 1-626.1.
1973 Ed., § 1-355.1.
Section References
This section is referenced in § 1-636.02.
Emergency Legislation
For temporary (90 days) amendment of D.C. Law 18-335, § 8, see § 2(h) of the Prohibition on Government Employee Engagement in Political Activity Emergency Amendment Act of 2013 (D.C. Act 20-25, March 7, 2013, 60 DCR 3986, 20 DCSTAT 485).
Temporary Legislation
For temporary (225 days) amendment of D.C. Law 18-335, § 8, see § 2(h) of the Prohibition on Government Employee Engagement in Political Activity Temporary Amendment Act of 2013 (D.C. Law 20-4, May 18, 2013, 60 DCR 4624, 20 DCSTAT 1268).
Editor's Notes
Section 8(a) of D.C. Law 18-335, codified as § 1-1171.01(a), provided that Law 18-18-335 shall apply upon enactment by the Congress of an act excluding the District of Columbia from coverage of 5 U.S.C. §§ 7321 through 7326 (Hatch Act).
Section 8(b) of D.C. Law 18-335 codified as § 1-1171.01(b), provided that this act shall apply upon inclusion of its fiscal effect in an approved budget and financial plan.
Congress enacted and the President signed Public Law 112-230 on December 28, 2012, excluding the District of Columbia from the coverage of 5 U.S.C. §§ 7321 through 7326 (Hatch Act).
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXV - Political Rights of Employees › § 1–625.02. Protection of political rights of classroom teachers

§ 1–625.02. Protection of political rights of classroom teachers.
No provision of this subchapter shall be construed to limit the rights of classroom teachers to freely express political opinions.
(Mar. 3, 1979, D.C. Law 2-139, § 2513, 25 DCR 5740; renumbered § 2502, Aug. 1, 1979, D.C. Law 3-14, § 2(c), 25 DCR 10565.)
Prior Codifications
1981 Ed., § 1-626.2.
1973 Ed., § 1-355.2.
Section References
This section is referenced in § 1-636.02.
Cross References
National Capital Revitalization Corporation, health, life and retirement benefit plans for officers and employees, see § 1-1219.05.
Spouse equity, retirement benefits, see § 1-529.01 et seq.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXVI - Retirement › § 1–626.03. District retirement benefits

§ 1–626.03. District retirement benefits.
The District shall provide retirement benefits to all employees first employed after September 30, 1987, who would otherwise have been covered under the Civil Service Retirement System pursuant to 5 U.S.C. § 8331 except those specifically excluded by law or by rule.
(Mar. 3, 1979, D.C. Law 2-139, § 2603; as added Oct. 1, 1987, D.C. Law 7-27, § 2(g), 34 DCR 5079.)
Prior Codifications
1981 Ed., § 1-627.3.
Section References
This section is referenced in § 1-529.01, § 1-611.03, § 1-621.03, and § 1-622.04.
Mayor's Orders
Establishment of Pension Benefit Committee: See Mayor’s Order 89-235, October 5, 1989.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXVI - Retirement › § 1–626.05. District retirement benefits program

§ 1–626.05. District retirement benefits program.
The retirement benefits program of the District shall consist of:
(1) A defined benefit plan, as provided in 42 U.S.C. § 301 et seq. (“Social Security Act”);
(2) An employee deferred compensation plan pursuant to § 457 of the Internal Revenue Code [26 U.S.C. § 457] governed by Chapter 36 of Title 47;
(3) A defined contribution plan pursuant to § 401(a) of theInternal Revenue Code [26 U.S.C. § 401], for employer contributions on behalf of an employee pursuant to § 1-626.09(c); and
(4) A defined contribution plan pursuant to section 401(a) of the Internal Revenue Code, for employer contributions on behalf of an employee pursuant to § 1-626.09(e).
(Mar. 3, 1979, D.C. Law 2-139, § 2605; as added Oct. 1, 1987, D.C. Law 7-27, § 2(g), 34 DCR 5079; Apr. 30, 1988, D.C. Law 7-104, § 10(b), 35 DCR 147; July 3, 2018, D.C. Law 22-124, § 101(a), 65 DCR 5091.)
Prior Codifications
1981 Ed., § 1-627.5.
Section References
This section is referenced in § 1-626.04, § 1-626.06, § 1-626.07, § 1-626.08, § 1-626.09, § 1-626.10, § 1-626.11, and § 1-626.12.
Applicability
Section 301 of D.C. Law 22-124 provided that the changes made to this section by D.C. Law 22-124 shall apply as of October 1, 2017.
References in Text
Section 457 of the Internal Revenue Code, referred to in paragraph (2), is codified as 26 U.S.C. § 457.
Section 401(a) of the Internal Revenue Code, referred to in paragraph (3), is classified as 26 U.S.C. § 401(a).
Mayor's Orders
Establishment of Pension Benefit Committee: See Mayor’s Order 89-235, October 5, 1989.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXVI - Retirement › § 1–626.06. Contracting authority

§ 1–626.06. Contracting authority.
The Mayor may select 1 or more contractors to provide services as may be part of the defined contribution plan under § 1-626.05(3). Any contract under § 1-626.05(2) and (3) shall be in accordance with the provisions of Chapter 3 of Title 2.
(Mar. 3, 1979, D.C. Law 2-139, § 2606; as added Oct. 1, 1987, D.C. Law 7-27, § 2(g), 34 DCR 5079.)
Prior Codifications
1981 Ed., § 1-627.6.
Mayor's Orders
Establishment of Pension Benefit Committee: See Mayor’s Order 89-235, October 5, 1989.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXVI - Retirement › § 1–626.07. Eligibility

§ 1–626.07. Eligibility.
(a) An employee is eligible to participate in the deferred compensation plan under § 1-626.05(2) upon commencement of employment with the District.
(b) An employee is eligible to participate in the defined contribution plan under § 1-626.05(3) upon the completion of 1 year of employment with the District.
(Mar. 3, 1979, D.C. Law 2-139, § 2607; as added Oct. 1, 1987, D.C. Law 7-27, § 2(g), 34 DCR 5079.)
Prior Codifications
1981 Ed., § 1-627.7.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXVI - Retirement › § 1–626.08. Rules; eligibility

§ 1–626.08. Rules; eligibility.
(a) In order to ensure proper implementation of the District retirement program under § 1-626.05 by October 1, 1987, the Mayor may issue temporary rules regarding the District retirement program that shall not be subject to Council review. These temporary rules shall remain in effect only until the proposed rules have been approved or been deemed approved by the Council in accordance with subsection (b) of this section.
(b) The Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue proposed rules to implement the provisions of this subchapter. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved.
(c) The proposed rules shall prescribe the time, manner, and conditions under which employees are eligible for coverage. The proposed rules may exclude employees on the basis of the nature and type of employment or conditions of employment such as short-term appointment, seasonal employment, intermittent or part-time employment, and employment of a similar nature, but shall not exclude an employee or group of employees solely on the basis of hazardous nature of employment.
(Mar. 3, 1979, D.C. Law 2-139, § 2608; as added Oct. 1, 1987, D.C. Law 7-27, § 2(g), 34 DCR 5079.)
Prior Codifications
1981 Ed., § 1-627.8.
Section References
This section is referenced in § 1-626.04.
Editor's Notes
Approval in part and disapproval in part proposed rules for defined Contribution Pension Plan: Pursuant to Resolution 8-127, the “Defined Contribution Pension Plan Rules Approval or Disapproval Resolution of 1989”, effective November 7, 1989, the Council approved in part and disapproved in part proposed rules for defined Contribution Pension Plan established by the District of Columbia Government Comprehension Merit Personnel Act of 1978, which were transmitted to the Council by the Mayor on July 14, 1989.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXVI - Retirement › § 1–626.11. Establishment and administration of Section 401(a) Trust

§ 1–626.11. Establishment and administration of Section 401(a) Trust.
(a) There shall be established an irrevocable trust called the Section 401(a) Trust, that shall be managed so as to be exempt from income tax under § 501(a) of the Internal Revenue Code. The funds contributed by the District under the defined contribution plan of § 1-626.05(3) shall be placed in the Section 401(a) Trust. The assets of the Section 401(a) Trust shall be administered by the Mayor.
(b) The cost of any contract for provisions of services as may be part of the defined contribution plan under § 1-626.05(3) shall be paid solely from the assets of the Section 401(a) Trust or from a fund or funds established to administer the defined contribution plan.
(c) Repealed.
(Mar. 3, 1979, D.C. Law 2-139, § 2611; as added Oct. 1, 1987, D.C. Law 7-27, § 2(g), 34 DCR 5079; Mar. 7, 1991, D.C. Law 8-220, § 3, 38 DCR 199; Apr. 18, 1996, D.C. Law 11-110, § 3, 43 DCR 530.)
Prior Codifications
1981 Ed., § 1-627.11.
Section References
This section is referenced in § 1-626.04, § 1-626.09, and § 47-351.01.
Cross References
Financial institutions, deposits and investments, “district funds” defined, see § 47-351.01.
References in Text
Section 501(a) of the Internal Revenue Code referred to in subsection (a) of this section is codified as 26 U.S.C. § 501(a).
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXVI - Retirement › § 1–626.12. Payment of benefits

§ 1–626.12. Payment of benefits.
The payment of benefits under the retirement programs under § 1-626.05(2) and (3) shall be in accordance with the applicable provisions of §§ 401(a) and 457 of the Internal Revenue Code [26 U.S.C. §§ 401(a) and 457 ].
(Mar. 3, 1979, D.C. Law 2-139, § 2612; as added Oct. 1, 1987, D.C. Law 7-27, § 2(g), 34 DCR 5079.)
Prior Codifications
1981 Ed., § 1-627.12.
References in Text
Sections 401(a) and 457 of the Internal Revenue Code referred to in this section are classified as 26 U.S.C. §§ 401(a) and 457, respectively.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXVI - Retirement › § 1–626.14. Civil actions

§ 1–626.14. Civil actions.
A civil action may be brought by a participant or a beneficiary of the Trust, or by the District, to enjoin any act or practice that violates any provision of this chapter or the terms of the retirement program, and for other appropriate legal and equitable relief. In any action under this chapter, the court in its discretion may allow the prevailing party, other than the District, a reasonable attorney fee and costs of action.
(Mar. 3, 1979, D.C. Law 2-139, § 2614; as added Mar. 24, 1990, D.C. Law 8-97, § 3(f), 37 DCR 1046.)
Prior Codifications
1981 Ed., § 1-627.14.