reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 6 - Police and Firefighters Medical Care Recovery › § 5–602. Right of District to recover

§ 5–602. Right of District to recover.
Whenever the District of Columbia is authorized or required by law to: (1) Furnish or pay the expenses for hospital, medical, surgical, dental care and treatment (including prostheses and medical appliances) or the funeral expenses of an officer or member of the Metropolitan Police Department or the Fire Department of the District of Columbia (hereinafter, “policeman or fireman”); or (2) extend leave of absence with pay to a policeman or fireman who is injured or suffers a disease under circumstances creating a tort liability upon a 3rd person to pay damages therefor, whether or not received or contracted in the performance of duty, the District of Columbia shall have a right to recover from said 3rd person the reasonable value of the care and treatment so furnished or to be furnished, or for which payment has been or will be made, and the amount of wages paid or to be paid during the leave of absence resulting therefrom, and shall as to such right be subrogated to any right or claim which the injured or diseased policeman or fireman, his guardian, personal representative, estate, dependents, or survivors has or have against such 3rd person to the extent of the reasonable value of the care and treatment so furnished or to be furnished, or for which payment has been or will be made, and the amount of wages based upon an authorized leave of absence paid or to be paid to such policeman or fireman. The Mayor may also require the injured or diseased policeman or fireman, his guardian, personal representative, estate, dependents, or survivors, as appropriate, to assign his claim or cause of action against the 3rd person to the District of Columbia to the extent of the District’s right or claim.
(Aug. 17, 1978, D.C. Law 2-100, § 3, 25 DCR 288.)
Prior Codifications
1981 Ed., § 4-502.
1973 Ed., § 4-1002.
Section References
This section is referenced in § 5-604 and § 5-606.
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 6 - Police and Firefighters Medical Care Recovery › § 5–603. Enforcement of right

§ 5–603. Enforcement of right.
(a) To enforce such right, the District of Columbia may:
(1) Intervene or join in any action or proceeding brought by the injured or diseased policeman or fireman, his guardian, personal representative, estate, dependents, or survivors, against the 3rd person who is or may be liable in damages for the injury or disease; or
(2) If such action or proceeding is not commenced within 6 months after the 1st day in which care and treatment is furnished by the District of Columbia in connection with the injury or disease involved, institute and prosecute legal proceedings in a District of Columbia, state or federal court, either alone (in its name or in the name of the injured policeman or fireman, his guardian, personal representative, estate, dependents, or survivors) or in conjunction with the injured policeman or fireman, his guardian, personal representative, estate, dependents, or survivors against the 3rd person who is liable for the injury or disease.
(b) Any employee of the District of Columbia who is required to appear as a party or witness in the prosecution of said action or proceeding is, when directed to participate in the preparation for trial or the trial thereof and while so engaged, in an active duty status.
(Aug. 17, 1978, D.C. Law 2-100, § 4, 25 DCR 288.)
Prior Codifications
1981 Ed., § 4-503.
1973 Ed., § 4-1003.
Section References
This section is referenced in § 5-606.
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 6 - Police and Firefighters Medical Care Recovery › § 5–605. Promulgation of rules and regulations by Mayor

§ 5–605. Promulgation of rules and regulations by Mayor.
The Mayor is authorized to promulgate rules and regulations to carry out the purposes of this chapter, including, but not limited to, regulations:
(1) With respect to the determination and establishment of the reasonable value of the hospital, medical, surgical, or dental care and treatment (including prostheses and medical appliances) furnished or to be furnished, or paid or to be paid; and
(2) To provide procedures for distributing the proceeds from recoveries and settlements obtained by either the injured or diseased policeman or fireman or the District of Columbia; provided, that in any event said policeman or fireman, or his guardian, personal representative, estate, dependents, or survivors shall have the right to retain not less than one-fifth of the net amount of any money or other property remaining after the expenses of a suit or settlement have been deducted; and in addition at the time of distribution, an amount equivalent to a reasonable attorney’s fee proportionate to the lien of the District of Columbia.
(Aug. 17, 1978, D.C. Law 2-100, § 6, 25 DCR 288.)
Prior Codifications
1981 Ed., § 4-505.
1973 Ed., § 4-1005.
Section References
This section is referenced in § 5-606.
Delegation of Authority
Delegation of authority pursuant to Law 2-100, see Mayor’s Order 86-63, April 22, 1986.
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 6 - Police and Firefighters Medical Care Recovery › § 5–606. Compromise, release or waiver of claim

§ 5–606. Compromise, release or waiver of claim.
To the extent prescribed by regulations under § 5-605, the Mayor may:
(1) Compromise or settle and execute a release of any claim which the District of Columbia has by virtue of the rights established by § 5-602, § 5-603, or § 5-604; or
(2) For the convenience of the District of Columbia, or if the Mayor determines that collection would result in undue hardship upon the policeman or fireman who suffered the injury or disease resulting in care and treatment described in § 5-602, or upon his dependents or survivors, waive any such claim in whole or in part.
(Aug. 17, 1978, D.C. Law 2-100, § 7, 25 DCR 288.)
Prior Codifications
1981 Ed., § 4-506.
1973 Ed., § 4-1006.
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 6 - Police and Firefighters Medical Care Recovery › § 5–607. Effect of chapter on other rights of recovery

§ 5–607. Effect of chapter on other rights of recovery.
No action taken by the District of Columbia in connection with the rights afforded under this chapter shall operate to deny to the injured or diseased policeman or fireman recovery for any damages or portion thereof not covered by this chapter.
(Aug. 17, 1978, D.C. Law 2-100, § 8, 25 DCR 288.)
Prior Codifications
1981 Ed., § 4-507.
1973 Ed., § 4-1007.
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 6 - Police and Firefighters Medical Care Recovery › § 5–608. Injuries or diseases received or contracted prior to enactment of chapter

§ 5–608. Injuries or diseases received or contracted prior to enactment of chapter.
Nothing in this chapter shall be deemed to apply to any hospital, medical, surgical, or dental care or treatment or wage payments based upon an authorized leave of absence which a policeman or fireman is receiving or is entitled to receive from the District of Columbia for an injury received or disease contracted prior to enactment of this chapter.
(Aug. 17, 1978, D.C. Law 2-100, § 9, 25 DCR 288.)
Prior Codifications
1981 Ed., § 4-508.
1973 Ed., § 4-1008.
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 6 - Police and Firefighters Medical Care Recovery › § 5–609. Appropriations authorized

§ 5–609. Appropriations authorized.
Appropriations to carry out the purposes of this chapter, including funds for the advancement of costs and expenses for the enforcement of recoveries, are hereby authorized.
(Aug. 17, 1978, D.C. Law 2-100, § 10, 25 DCR 288.)
Prior Codifications
1981 Ed., § 4-509.
1973 Ed., § 4-1009.
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 6A - Police and Firefighters Limited Duty › Subchapter I - General › § 5–631. Definitions

§ 5–631. Definitions.
For the purposes of this chapter, the term:
(1) “Act” means subchapter I of Chapter 7 of Title 5 [§ 5-701 et seq.].
(2) “Chief” means either the Chief of the Metropolitan Police Department or the Chief of the Fire and Emergency Medical Services Department.
(3) “Department” means the Metropolitan Police Department or the Fire and Emergency Medical Services Department.
(4) “Director” means either the director of medical services for the Metropolitan Police Department, or the medical services officer for the Fire and Emergency Medical Services Department.
(5) “Full range of duties” means the ability of a member to perform all of the essential functions of police work or fire suppression as determined by the established policies and procedures of the Metropolitan Police Department or the Fire and Emergency Medical Services Department, and to meet the physical examination and physical agility standards established under §§ 5-107.02a and 5-451.
(6) “Limited duty” means a temporary status for members who, because of injury or other temporary medical disability, are not able to perform the full range of duties, but are certified by a Police and Fire Clinic physician as being capable of effectively performing certain types of work within the department.
(7) “Member” means a sworn employee of the Metropolitan Police Department or the Fire and Emergency Medical Services Department.
(Sept. 30, 2004, D.C. Law 15-194, § 621, 51 DCR 9406.)
Editor's Notes
Section 641 of D.C. Law 15-194 provided
“Sec. 641. Applicability subject to availability of appropriations.
“This title referring to Chapter 6A shall be subject to the availability of appropriations.”
Application of Titles I and VI of D.C. Law 15-194: Section 1301 of D.C. Law 15-194 provided:
“Titles I and VI of this act shall apply to pre-1980 employees of the Metropolitan Police Department and the Fire and Emergency Medical Services Department upon their enactment by Congress.”
Because of the codification of D.C. Law 15-194, Subtitle D as subchapter II of this chapter, the preexisting text, §§ 5-631 through 5-635, has been designated as subchapter I.
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 6A - Police and Firefighters Limited Duty › Subchapter I - General › § 5–632. Limited duty

§ 5–632. Limited duty.
(a) If the Director, in consultation with Police and Fire Clinic physicians, determines that a member, because of injury or other temporary medical disability is unable to perform the full range of duties, but is capable of effectively performing certain types of work within the department, and the prognosis is that the member will be able to perform a full range of duties after achieving maximum medical improvement, the Director may recommend to the Chief that the member perform work in a limited-duty status.
(b) Members in a limited-duty status shall:
(1) Undertake in-service training as required by the Chief;
(2) Not be permitted to work voluntary overtime; and
(3) Not accept or continue any off-duty employment without the specific approval of the Chief.
(c) No less than every 30 days, the Director shall evaluate members in a limited-duty status to determine their health status and to ensure that they are complying with their medical treatment plans.
(d) If at any time the Director, in consultation with the Police and Fire Clinic physicians, determines that a member in a limited-duty status is unable to perform the full range of duties after achieving maximum medical improvement, the Director shall recommend the member for retirement pursuant to § 5-709 or § 5-710, as appropriate.
(Sept. 30, 2004, D.C. Law 15-194, § 622, 51 DCR 9406.)
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 6A - Police and Firefighters Limited Duty › Subchapter I - General › § 5–634. Medical leave for non-performance-of-duty illnesses and injuries; referral for disability retirement

§ 5–634. Medical leave for non-performance-of-duty illnesses and injuries; referral for disability retirement.
(a) If the Director, in consultation with the Police and Fire Clinic physicians, determines that a member can neither perform the full range of duties nor work in a limited-duty status due to a non-performance-of-duty injury or illness, the member shall be entitled to chargeable medical leave to the extent the member has leave in his or her sick leave and annual leave accounts, and in accordance with rules established by the Mayor under Chapter 6 of Title 1 and Chapter 5 of Title 32.
(b) If at any time the Director, in consultation with the Police and Fire Clinic physicians, determines that a member who has sustained a non-performance-of-duty injury or illness will not be able to perform the full range of duties after achieving maximum medical improvement, the Director shall recommend the member for retirement pursuant to § 5-709.
(c) Except as provided in subsection (e) of this section, and regardless of whether the prognosis is that the member who has sustained a non-performance-of-duty injury or illness will be able to perform a full range of duties after achieving maximum medical improvement, the Director shall process for retirement pursuant to § 5-709, those Metropolitan Police Department members who spend all or part of 172 cumulative work days in a less-than-full-duty status over any 2-year period as a result of any one non-performance-of-duty injury or illness, including any complications relating to the injury or illness.
(d) Except as provided in subsection (e) of this section, and regardless of whether the prognosis is that the member who has sustained a non-performance-of-duty injury or illness will be able to perform the full range of duties after achieving maximum medical improvement, the Director shall process for retirement pursuant to § 5-709, those Fire and Emergency Medical Services members who spend 64 cumulative work days in a less-than-full-duty status over any 2-year period as a result of any one non-performance-of-duty injury or illness, including any complications relating to the injury or illness.
(e) The provisions of subsections (c) and (d) of this section shall not apply to members who are unable to perform a full range of duties as a result of pregnancy.
(Sept. 30, 2004, D.C. Law 15-194, § 624, 51 DCR 9406.)
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 6A - Police and Firefighters Limited Duty › Subchapter I - General › § 5–635. Rules

§ 5–635. Rules.
The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this chapter.
(Sept. 30, 2004, D.C. Law 15-194, § 625, 51 DCR 9406.)
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 6A - Police and Firefighters Limited Duty › Subchapter II - Fire and Emergency Medical Services Employee Presumptive Disability › § 5–651. Definitions

§ 5–651. Definitions.
For the purposes of this subchapter, the term:
(1) "Department" means the Fire and Emergency Medical Services Department.
(2) "Director" means the medical services officer for the Fire and Emergency Medical Services Department.
(3) "Documented" means the member or EMS employee gave notice to the Fire and Emergency Medical Services Department, in writing, of his or her occupational exposure to blood or bodily fluids.
(4) "EMS employee" means a person that qualifies as an "emergency medical services personnel" as defined by § 7-2341.01(7), is employed by the Fire and Emergency Medical Services Department, and is not a sworn member of the Department.
(5) "Full range of duties" shall have the same meaning as provided in § 5-631(5).
(6) "Member " means a sworn member of the Fire and Emergency Medical Services Department who is employed by the Department.
(7) "Pre-employment physical examination" means the physical examination required under § 5-451.
(Sept. 30, 2004, D.C. Law 15-194, § 651; as added May 1, 2013, D.C. Law 19-311, § 2, 60 DCR 3425; Oct. 8, 2016, D.C. Law 21-160, § 3052(a), 63 DCR 10775.)
Effect of Amendments
The 2013 amendment by D.C. Law 19-311 added this section.
Applicability
Section 3052(d) of Law 21-160 amended section 656 of D.C. Law 19-311, removing the applicability restriction affecting this section, therefore the creation of this section by § 2 of D.C. Law 19-311 has been implemented.
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 6A - Police and Firefighters Limited Duty › Subchapter II - Fire and Emergency Medical Services Employee Presumptive Disability › § 5–655. Disqualification from presumption as to disability or death

§ 5–655. Disqualification from presumption as to disability or death.
A member or an EMS employee shall be disqualified from a presumption under this subchapter if:
(1) Any standard, medically recognized vaccine or other form of immunization or prophylaxis exists for the prevention of any injury or illness for which a presumption is established under this subchapter, if medically indicated by the given circumstances pursuant to immunization policies established by the Advisory Committee on Immunization Practices of the United States Public Health Service;
(2) The member or EMS employee is required by the Department to undergo the immunization or prophylaxis, unless the member or EMS employee has a written declaration from his or her physician stating that the immunization or prophylaxis would pose a significant risk to the person's health; and
(3) The member or EMS employee has failed to or refused to undergo such immunization or prophylaxis.
(Sept. 30, 2004, D.C. Law 15-194, § 655; as added May 1, 2013, D.C. Law 19-311, § 2, 60 DCR 3425.)
Effect of Amendments
The 2013 amendment by D.C. Law 19-311 added this section.
Applicability
Applicability of D.C. Law 15-194: § 656 of D.C. Law 15-194, as added by § 2 of D.C. Law 19-311 provided that the the addition of this section by § 655 of D.C. Law 15-194, as added by § 2 of D.C. Law 19-311 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 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 6A - Police and Firefighters Limited Duty › Subchapter II - Fire and Emergency Medical Services Employee Presumptive Disability › § 5–655.01. Physical examinations; maintaining eligibility

§ 5–655.01. Physical examinations; maintaining eligibility.
(a) In order to be eligible to make a claim under this chapter that relies on a presumption created by this subchapter, a member shall, in addition to meeting any other requirements as required by this subchapter or rules issued pursuant to § 5-655.03, have undergone a pre-employment physical examination and complied with any subsequent physical examination requirements, such as annual physical examinations, that are, or were during the period of covered service, applicable to all members.
(b) In order to be eligible to make a claim under this chapter that relies on a presumption created by this subchapter, an EMS employee shall, in addition to meeting any other requirements as required by this chapter or rules issued pursuant to § 5-655.03, have undergone a pre-employment physical examination and complied with any subsequent physical examination requirements, such as annual physical examinations, that are, or were during the period of covered service, applicable to all EMS employees.
(c) For any member or EMS employee hired after May 1, 2013, the District may require additional, appropriate laboratory and other diagnostic studies to be included as part of the pre-employment physical examination; provided, that any such requirements shall be applicable to all members or EMS employees.
(Sept. 30, 2004, D.C. Law 15-194, § 655a; as added Oct. 8, 2016, D.C. Law 21-160, § 3052(c), 63 DCR 10775.)
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 6A - Police and Firefighters Limited Duty › Subchapter II - Fire and Emergency Medical Services Employee Presumptive Disability › § 5–655.02. Reporting requirements

§ 5–655.02. Reporting requirements.
By January 31, 2018, and by January 31 of each subsequent year, the Department, in coordination with the Police and Fire Clinic, shall submit an annual report to the Council that contains the following information from the preceding calendar year:
(1) The total number of claims made by members in which a presumption was created under § 5-652;
(2) The total number of claims made by EMS employees in which a presumption was created under § 5-652;
(3) The total number of claims made by members in which a presumption was created under § 5-653;
(4) The total number of claims made by EMS employees in which a presumption was created under § 5-653;
(5) The total number of claims made by members in which a presumption was created under § 5-654; and
(6) The total number of claims made by EMS employees in which a presumption was created under § 5-654.
(Sept. 30, 2004, D.C. Law 15-194, § 655b; as added Oct. 8, 2016, D.C. Law 21-160, § 3052(c), 63 DCR 10775.)
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 6A - Police and Firefighters Limited Duty › Subchapter II - Fire and Emergency Medical Services Employee Presumptive Disability › § 5–655.03. Rules

§ 5–655.03. Rules.
The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501
et seq.
), may issue rules to implement the provisions of this subtitle.
(Sept. 30, 2004, D.C. Law 15-194, § 655c; as added Oct. 8, 2016, D.C. Law 21-160, § 3052(c), 63 DCR 10775.)
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 6A - Police and Firefighters Limited Duty › Subchapter II - Fire and Emergency Medical Services Employee Presumptive Disability › § 5–656. Applicability

§ 5–656. Applicability.
(a) Except as provided in subsections (b), (c), (d), and (e) of this section, this subchapter shall apply as of October 1, 2016.
(b) Section 5-654 shall apply as of October 1, 2017.
(c) Section 5-652 shall apply as of October 1, 2018.
(d) Section 5-653|(a)|(1)|(B) and (b)(1)(B) shall apply as of October 1, 2023.
(e) Section 5-653|(a)|(1)|(C) and (b)(1)(C) shall apply as of October 1, 2027.
(Sept. 30, 2004, D.C. Law 15-194, § 656; as added May 1, 2013, D.C. Law 19-311, § 2, 60 DCR 3425; Oct. 8, 2016, D.C. Law 21-160, § 3052(d), 63 DCR 10775; Dec. 13, 2017, D.C. Law 22-33, § 7007, 64 DCR 7652; Oct. 30, 2018, D.C. Law 22-168, § 7013, 65 DCR 9388; Sept. 6, 2023, D.C. Law 25-50, § 3002(b), 70 DCR 10366.)
Effect of Amendments
The 2013 amendment by D.C. Law 19-311 added this section.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 7013 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 § 7013 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 § 7007 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).
For temporary (90 days) amendment of this section, see § 7007 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 7 - Police and Firefighters Retirement and Disability › Subchapter I - Retirement and Disability, 1916 › § 5–702. Application of amendments to §§ 5-701 and 5-716

§ 5–702. Application of amendments to §§ 5-701 and 5-716.
The amendments made by Pub. L. 96-122, § 206(a), to §§ 5-701 and 5-716 shall apply with respect to survivor annuities under this subchapter for survivors of officers or members of the Metropolitan Police force or the Fire Department of the District of Columbia which commence on or after the 1st day of the 1st month which begins after the end of the 90-day period beginning on November 17, 1979.
(Nov. 17, 1979, 93 Stat. 866, Pub. L. 96-122, § 206(b).)
Prior Codifications
1981 Ed., § 4-608.
1973 Ed., § 4-521.1.
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 7 - Police and Firefighters Retirement and Disability › Subchapter I - Retirement and Disability, 1916 › § 5–703. United States Secret Service Division; transfer of civil service funds; credit for prior service with other police forces

§ 5–703. United States Secret Service Division; transfer of civil service funds; credit for prior service with other police forces.
Whenever any member of the United States Secret Service Division has actively performed duties other than clerical for 10 years or more directly related to the protection of the President, such member shall be authorized to transfer all funds to his credit in the Civil Service Retirement and Disability Fund continued by §§ 8331(5) and 8348 of Title 5, United States Code, to the general revenues of the District of Columbia and after the transfer of such funds the salary of such member shall be subject to the same deductions for credit to the general revenues of the District of Columbia as the deductions from salaries of other members under this subchapter, and he shall be entitled to the same benefits as the other members to whom such sections apply. Any member of the United States Secret Service Division appointed from the United States Secret Service Uniformed Division and assigned to duties directly related to the protection of the President shall receive credit for periods of prior service with the Metropolitan Police force, the United States Park Police force, or the United States Secret Service Uniformed Division toward the required 10 years or more service.
(Sept. 1, 1916, ch. 433, § 12(b); Aug. 21, 1957, 71 Stat. 392, Pub. L. 85-157, § 3; Aug. 21, 1964, 78 Stat. 586, Pub. L. 88-476, § 1; Nov. 15, 1977, 91 Stat. 1371, Pub. L. 95-179.)
Prior Codifications
1981 Ed., § 4-609.
1973 Ed., § 4-522.
Editor's Notes
Coverage Under Federal Employees’ Retirement Act: See Historical and Statutory Notes following § 5-742.
Policemen and Firemen’s Retirement and Disability Act: Section 3(r) of Pub. L. 85-157 provided that this section may be cited as part of the Policemen and Firemen’s Retirement and Disability Act.
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 7 - Police and Firefighters Retirement and Disability › Subchapter I - Retirement and Disability, 1916 › § 5–705. Application of amendment to § 5-704

§ 5–705. Application of amendment to § 5-704.
The amendments made by Pub. L. 96-122, § 208(a)(2), to § 5-704 shall not apply with respect to deposits made, in whole or in part, prior to the end of such 90-day period.
(Nov. 17, 1979, 93 Stat. 866, Pub. L. 96-122, § 208(b).)
Prior Codifications
1981 Ed., § 4-611.
1973 Ed., § 4-523.1.
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 7 - Police and Firefighters Retirement and Disability › Subchapter I - Retirement and Disability, 1916 › § 5–707. Payment of medical expenses — Active members

§ 5–707. Payment of medical expenses — Active members.
Whenever any member shall become temporarily disabled by injury received or disease contracted in the performance of duty, to such an extent as to require medical or surgical services, other than such as can be rendered by the Mayor, or to require hospital treatment, the expense of such medical or surgical services, or hospital treatment, shall be paid by the District of Columbia; but no such expense shall be paid except upon a certificate of the Mayor setting forth the necessity for such services or treatment and the nature of the injury or disease which rendered the same necessary.
(Sept. 1, 1916, ch. 433, § 12(e); Aug. 21, 1957, 71 Stat. 394, Pub. L. 85-157, § 3.)
Prior Codifications
1981 Ed., § 4-613.
1973 Ed., § 4-525.
Section References
This section is referenced in § 1-529.01, § 1-529.02, § 1-621.03, § 1-622.04, and § 1-623.01.
Editor's Notes
Policemen and Firemen’s Retirement and Disability Act: Section 3(r) of Pub. L. 85-157 provided that this section may be cited as part of the Policemen and Firemen’s Retirement and Disability Act.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 7 - Police and Firefighters Retirement and Disability › Subchapter I - Retirement and Disability, 1916 › § 5–708.01. Processing claims of injuries allegedly sustained within the performance of duty

§ 5–708.01. Processing claims of injuries allegedly sustained within the performance of duty.
(a) For the purposes of this section, the term:
(1) “Department” means the Metropolitan Police Department or the Fire and Emergency Medical Services Department.
(2) “Director” means either the director of medical services for the Metropolitan Police Department, or the medical services officer for the Fire and Emergency Medical Services Department.
(3) “Member” means a sworn employee of the Metropolitan Police Department or the Fire and Emergency Medical Services Department.
(b) The Director shall determine, based on a review of the unit commander’s report on the cause of the injury or illness and after consultation with the Police and Fire Clinic physicians on the nature of the injury or illness, whether a member’s injury or illness was sustained by the member in the performance of duty within 30 calendar days of a claim being reported to the Department. If the Director fails to meet the 30-day deadline, there shall be a rebuttable presumption that the member’s injury or illness was sustained in the performance of duty. Until the presumption is rebutted by a finding by the Director that the injury or illness was not sustained in the performance of duty, the member’s Department shall be responsible for all treatment costs and disability compensation pay.
(Sept. 1, 1916, 39 Stat. 718, ch. 433, § 12(e-1); as added Sept. 30, 2004, D.C. Law 15-194, § 602(b), 51 DCR 9406; Mar. 2, 2007, D.C. Law 16-191, § 27(c), 53 DCR 6794.)
Effect of Amendments
D.C. Law 16-191 validated a previously made technical correction.
Editor's Notes
Application of Titles I and VI of D.C. Law 15-194: Section 1301 of D.C. Law 15-194 provided: “Titles I and VI of this act shall apply to pre-1980 employees of the Metropolitan Police Department and the Fire and Emergency Medical Services Department upon their enactment by Congress.”
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 7 - Police and Firefighters Retirement and Disability › Subchapter I - Retirement and Disability, 1916 › § 5–711. Application of amendment to § 5-710

§ 5–711. Application of amendment to § 5-710.
The amendment made by Pub. L. 96-122, § 204(a)(1), to § 5-710 shall not apply with respect to officers and members of the Metropolitan Police force or the Fire Department of the District of Columbia who apply for disability retirement under § 5-710 prior to the end of the 90-day period beginning on November 17, 1979. The amendment made by Pub. L. 96-122, § 204(a)(2), to § 5-710 shall not apply with respect to injuries incurred or diseases first diagnosed prior to the end of such 90-day period.
(Nov. 17, 1979, 93 Stat. 866, Pub. L. 96-122, § 204(c).)
Prior Codifications
1981 Ed., § 4-617.
1973 Ed., § 4-527.1.
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 7 - Police and Firefighters Retirement and Disability › Subchapter I - Retirement and Disability, 1916 › § 5–713. Involuntary separation from service

§ 5–713. Involuntary separation from service.
If any member is injured or contracts a disease during his first 5 years of service in his department which, in the judgment of the Board of Police and Fire Surgeons, disables him from performing further duty in his department, and if the Police and Firefighters Retirement and Relief Board finds that such injury or disease was not incurred in the performance of duty in his department, such member shall, upon the approval of such finding by the head of his department, and without regard for the provisions of any other law or regulation, be separated from the service.
(Sept. 1, 1916, ch. 433, § 12(i); Aug. 21, 1957, 71 Stat. 395, Pub. L. 85-157, § 3; Mar. 10, 2015, D.C. Law 20-198, § 4(b), 61 DCR 12450.)
Prior Codifications
1981 Ed., § 4-619.
1973 Ed., § 4-529.
Section References
This section is referenced in § 5-107.04.
Effect of Amendments
The 2015 amendment by D.C. Law 20-198 substituted “Police and Firefighters Retirement and Relief Board” for “Police and Firemen's Retirement and Relief Board.”
Editor's Notes
Policemen and Firemen’s Retirement and Disability Act: Section 3(r) of Pub. L. 85-157 provided that this section may be cited as part of the Policemen and Firemen’s Retirement and Disability Act.
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 7 - Police and Firefighters Retirement and Disability › Subchapter I - Retirement and Disability, 1916 › § 5–715. Application of amendment to § 5-714

§ 5–715. Application of amendment to § 5-714.
The amendment made by Pub. L. 96-122, § 205(a)(2)(B), to § 5-714 shall apply with respect to income from wages or self-employment, or both, received directly or indirectly during calendar year 1979 or the calendar year after the year in which the member retires, whichever is later, and any calendar year thereafter.
(Nov. 17, 1979, 93 Stat. 866, Pub. L. 96-122, § 205(c).)
Prior Codifications
1981 Ed., § 4-621.
1973 Ed., § 4-530.1.
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 7 - Police and Firefighters Retirement and Disability › Subchapter I - Retirement and Disability, 1916 › § 5–720. Funeral expenses

§ 5–720. Funeral expenses.
The Mayor is authorized to pay a sum not exceeding $300 in any 1 case to defray the funeral expenses of any deceased member dying while in the service thereof.
(Sept. 1, 1916, 39 Stat. 718, ch. 433, § 12(l); Aug. 21, 1957, 71 Stat. 397, Pub. L. 85-157, § 3; redesignated § 12(n) Nov. 17, 1979, 93 Stat. 912, Pub. L. 96-122, § 209(a)(1)(A).)
Prior Codifications
1981 Ed., § 4-626.
1973 Ed., § 4-532.
Editor's Notes
Policemen and Firemen’s Retirement and Disability Act: Section 3(r) of Pub. L. 85-157 provided that this section may be cited as part of the Policemen and Firemen’s Retirement and Disability Act.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 7 - Police and Firefighters Retirement and Disability › Subchapter I - Retirement and Disability, 1916 › § 5–723.02. Longevity compensation

§ 5–723.02. Longevity compensation.
The additional compensation provided for in § 5-544.01, shall be included for purposes of retirement annuity calculations pursuant to this subchapter for those officers and members who complete 25 years of active service prior to retirement.
(Sept. 1, 1916, 39 Stat. 718, ch. 433, § 12(n-2); as added Apr. 13, 2005, D.C. Law 15-354, § 13(i), 52 DCR 2638.)
Emergency Legislation
For temporary addition of the Act of Sept. 1, 1916, 39 Stat. 718, ch. 433, §§ 12(n-3), 12(n-4), and 12(n-5), concerning required minimum distributions, disposition of forfeitures, and funds not assignable or subject to execution, see § 2(f) of the Police and Firefighter’s Retirement and Disability Omnibus Emergency Amendment Act of 2012 (D.C. Act 19-585, January 1, 2013, 60 DCR 151).
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 7 - Police and Firefighters Retirement and Disability › Subchapter I - Retirement and Disability, 1916 › § 5–723.04. Disposition of forfeitures

§ 5–723.04. Disposition of forfeitures.
Forfeitures in the District of Columbia Police Officers and Fire Fighters’ Retirement Fund established by § 1-712 shall not be applied to increase the annuity of a person, but rather, shall be applied to pay administrative expenses, if and as directed by the District of Columbia Retirement Board, or used to reduce the District’s contributions.
(Sept. 1, 1916, 39 Stat. 718, ch. 433, § 12(n-4); as added May 1, 2013, D.C. Law 19-314, § 2(g), 60 DCR 3466.)
Effect of Amendments
The 2013 amendment by D.C. Law 19-314 added this section.
Emergency Legislation
For temporary (90 days) addition of this section, see § 2(g) of the Police and Firefighter’s Retirement and Disability Omnibus Congressional Review Emergency Act of 2013 (D.C. Act 20-33, March 19, 2013, 60 DCR 4630, 20 DCSTAT 493).
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 7 - Police and Firefighters Retirement and Disability › Subchapter I - Retirement and Disability, 1916 › § 5–723.05. Funds not assignable or subject to execution

§ 5–723.05. Funds not assignable or subject to execution.
Except as provided in § 1-529.01, none of the money mentioned in this subchapter, including any assets of the District of Columbia Police Officers and Fire Fighters’ Retirement Fund, shall be assignable, either in law or equity, or be subject to execution of levy by attachment, garnishment, or other legal process except with respect to a domestic relations order that substantially meets all of the requirements of section 414(p) of the Internal Revenue Code of 1986 , as determined solely by the District of Columbia Retirement Board.
(Sept. 1, 1916, 39 Stat. 718, ch. 433, § 12(n-5); as added May 1, 2013, D.C. Law 19-314, § 2(g), 60 DCR 3466.)
Effect of Amendments
The 2013 amendment by D.C. Law 19-314 added this section.
Emergency Legislation
For temporary (90 days) addition of this section, see § 2(g) of the Police and Firefighter’s Retirement and Disability Omnibus Congressional Review Emergency Act of 2013 (D.C. Act 20-33, March 19, 2013, 60 DCR 4630, 20 DCSTAT 493).
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 7 - Police and Firefighters Retirement and Disability › Subchapter I - Retirement and Disability, 1916 › § 5–724. Delegation of functions by Mayor; promulgation of rules and regulations by Mayor

§ 5–724. Delegation of functions by Mayor; promulgation of rules and regulations by Mayor.
(a) The Mayor is hereby vested with full power and authority to delegate from time to time to his designated agent or agents any of the functions vested in him by this subchapter.
(b) The Mayor is authorized to promulgate such rules and regulations as the Mayor may deem necessary to carry out the Mayor’s responsibilities under this subchapter.
(Sept. 1, 1916, ch. 433, § 12(o), (p); Aug. 21, 1957, 71 Stat. 398, Pub. L. 85-157, § 3; redesignated § 12(q), (r), Nov. 17, 1979, 93 Stat. 912, Pub. L. 96-122, § 209(a)(1)(A); Apr. 13, 2005, D.C. Law 15-354, § 13(j), 52 DCR 2638.)
Prior Codifications
1981 Ed., § 4-630.
1973 Ed., § 4-535.
Effect of Amendments
D.C. Law 15-354 rewrote subsec. (b) which had read:
“(b) The Mayor is authorized to promulgate such rules and regulations as he may deem necessary to carry out the purposes of this subchapter.”
Cross References
Life, health, and property, protection, regulations, see § 1-303.03.
Merit system, “employee” defined, see § 1-623.01.
Editor's Notes
Policemen and Firemen’s Retirement and Disability Act: Section 3(r) of Pub. L. 85-157 provided that this section may be cited as part of the Policemen and Firemen’s Retirement and Disability Act.
Delegation of Authority
Delegation of Mayor’s Rulemaking Authority Pursuant to the Fire and Police Medical Leave and Limited Duty Amendment Act of 2004 and the Policemen and Firemen’s Retirement and Disability Act to the Chief, Metropolitan Police Department, see Mayor’s Order 2005-100, June 14, 2005, ( 52 DCR 8166).
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 7 - Police and Firefighters Retirement and Disability › Subchapter II - Application of 1916 Provisions › § 5–731. Existing relief and rights preserved

§ 5–731. Existing relief and rights preserved.
Nothing in subchapter I of this chapter shall be deemed to reduce the relief or retirement compensation to which any person is entitled on the effective date of such sections and the rights of such persons and their survivors shall continue in the same manner and to the same extent as if such sections had not been enacted.
(Aug. 21, 1957, 71 Stat. 399, Pub. L. 85-157, § 4.)
Prior Codifications
1981 Ed., § 4-631.
1973 Ed., § 4-536.
References in Text
The “effective date” is prescribed by § 8 of the Act of August 21, 1957, 71 Stat. 399, Pub. L. 85-157.
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 7 - Police and Firefighters Retirement and Disability › Subchapter II - Application of 1916 Provisions › § 5–732. Appropriations authorized

§ 5–732. Appropriations authorized.
There are hereby authorized to be appropriated from revenues of the United States such sums as are necessary to reimburse the District of Columbia, on a monthly basis, for benefit payments made from revenues of the District of Columbia to or for federal employees and to or for the surviving children and spouse of such federal employees under the provisions of subchapter I of this chapter, to the extent that such benefit payments exceed the deductions from the salaries of federal employees for credit to the revenues of the District of Columbia, and for the administrative costs associated with making such benefit payments. For the purpose of this section:
(1) The term “benefit payments” includes relief, retirement compensation, pensions, and annuities and medical, surgical, hospital, and funeral expenses.
(2) The term “federal employees” means and includes such members of the United States Park Police force as are paid from funds of the United States, members of the United States Secret Service Uniformed Division and such members of the United States Secret Service Division as have or may hereafter become entitled to benefits under subchapter I of this chapter.
(Aug. 21, 1957, 71 Stat. 399, Pub. L. 85-157, § 6; Nov. 15, 1977, 91 Stat. 1371, Pub. L. 95-179; Oct. 18, 2004, 118 Stat. 1347, Pub. L. 108-335, § 334(a).)
Prior Codifications
1981 Ed., § 4-632.
1973 Ed., § 4-537.
Effect of Amendments
Pub. L. 108-335, in the introductory paragraph, deleted the period at the end of the first sentence and inserted “, and for the administrative costs associated with making such benefit payments.”
Cross References
Expenses of government of District, defrayment, annual federal payment, see § 47-3402 et seq.
Editor's Notes
Section 334(b) of Pub. L. 108-335, the District of Columbia Appropriations Act, 2005, provided: “The amendment made by subsection (a) shall apply with respect to fiscal year 2005 and each succeeding fiscal year.”
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 7 - Police and Firefighters Retirement and Disability › Subchapter II - Application of 1916 Provisions › § 5–733. Eligibility for benefits under federal law

§ 5–733. Eligibility for benefits under federal law.
Notwithstanding any other provision of law, no person entitled to receive any benefit under subchapter I of this chapter on account of death incurred, an injury received, or disease contracted, or an injury or disease aggravated, in the performance of duty shall be entitled, because of the same death, injury, disease, or aggravation, to benefits under subchapter I of Chapter 81 of Title 5, United States Code.
(Aug. 21, 1957, 71 Stat. 400, Pub. L. 85-157, § 7.)
Prior Codifications
1981 Ed., § 4-633.
1973 Ed., § 4-538.
References in Text
“Subchapter I of Chapter 81 of Title 5, United States Code” is codified at 5 U.S.C. § 8101 et seq.