reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXII - Life Insurance; Benefit Program Study › § 1–622.02. Benefit program study

§ 1–622.02. Benefit program study.
Within 18 months after March 3, 1979, the Mayor shall transmit a study to the Council concerning development of a program of disability income protection to be made available to employees through collective bargaining and a program of low cost legal services for employees.
(Mar. 3, 1979, D.C. Law 2-139, § 2202, 25 DCR 5740.)
Prior Codifications
1981 Ed., § 1-623.2.
1973 Ed., § 1-352.2.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXII - Life Insurance; Benefit Program Study › § 1–622.03. District life insurance benefits

§ 1–622.03. District life insurance benefits.
The District shall provide the group life insurance benefits set forth in § 1-622.07 to all employees of the District first employed after September 30, 1987, except those specifically excluded by law or by rule.
(Mar. 3, 1979, D.C. Law 2-139, § 2203; as added Oct. 1, 1987, D.C. Law 7-27, § 2(f), 34 DCR 5079.)
Prior Codifications
1981 Ed., § 1-623.3.
Section References
This section is referenced in § 1-610.63, § 1-622.16, and § 1-702.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXII - Life Insurance; Benefit Program Study › § 1–622.05. Contracting authority

§ 1–622.05. Contracting authority.
(a) The Mayor may purchase from 1 or more life insurance companies a policy or policies of group life insurance to provide the benefits set forth in § 1-622.07 from a life insurance company licensed to provide life and accidental death and dismemberment insurance under the laws of the District. Any contract under this section shall be in accordance with Chapter 3 of Title 2.
(b) The Mayor may discontinue at any time a policy purchased from a company under subsection (a) of this section.
(Mar. 3, 1979, D.C. Law 2-139, § 2205; as added Oct. 1, 1987, D.C. Law 7-27, § 2(f), 34 DCR 5079.)
Prior Codifications
1981 Ed., § 1-623.5.
Section References
This section is referenced in § 1-622.04, § 1-622.06, § 1-622.07, § 1-622.09, § 1-622.10, § 1-622.11, § 1-622.12, § 1-622.13, and § 1-622.14.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXII - Life Insurance; Benefit Program Study › § 1–622.06. Automatic coverage; description of benefits

§ 1–622.06. Automatic coverage; description of benefits.
(a) Except as provided in subsection (b) of this section, an employee is automatically insured on the date the employee becomes eligible for insurance. Each policy purchased by the Mayor under § 1-622.05 shall provide for this automatic coverage.
(b) An employee who does not wish to be insured shall give written notice to the employee’s employing office or such other office designated by the Mayor on a form prescribed by the Mayor. If notice is received before the employee becomes insured, then the employee shall not be insured. If notice is received after the employee has become insured, the insurance will end at the end of the pay period in which the notice was received.
(c) The Mayor shall make available to each insured employee or annuitant a written statement or summary of:
(1) The benefits to which the employee, annuitant, or member of the family of the employee or annuitant are entitled;
(2) The procedures for obtaining benefits; and
(3) The principal provisions of the policy in effect.
(Mar. 3, 1979, D.C. Law 2-139, § 2206; as added Oct. 1, 1987, D.C. Law 7-27, § 2(f), 34 DCR 5079.)
Prior Codifications
1981 Ed., § 1-623.6.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXII - Life Insurance; Benefit Program Study › § 1–622.07. Group insurance; amounts

§ 1–622.07. Group insurance; amounts.
(a) The group life insurance amounts purchased by the District under § 1-622.05 shall be no less than the insurance amounts provided under the Federal Employees Group Life Insurance (“F.E.G.L.I.”) plan pursuant to 5 U.S.C. § 8702, in effect as of October 1, 1987.
(b) Employees shall be offered the option of purchasing additional coverage for themselves, and for their spouses and dependent children, and the cost of the additional coverage shall be borne solely by the employees purchasing that coverage, except Executive Service employees.
(Mar. 3, 1979, D.C. Law 2-139, § 2207; as added Oct. 1, 1987, D.C. Law 7-27, § 2(f), 34 DCR 5079; June 10, 1998, D.C. Law 12-124, § 101(w)(1), 45 DCR 2464.)
Prior Codifications
1981 Ed., § 1-623.7.
Section References
This section is referenced in § 1-622.03 and § 1-622.05.
Editor's Notes
For actual amounts under the Federal Employees Group Life Insurance plan referred to in (a), see 5 U.S.C. § 8704.
Applicability of § 101(w) of D.C. Law 12-124: Section 401(c) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(h), (l), (m), (n), (o)(2) through (5), (q), (r), (t), (u), (w), and (y) of the act shall apply as of October 21, 1998.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXII - Life Insurance; Benefit Program Study › § 1–622.09. Termination of insurance

§ 1–622.09. Termination of insurance.
(a) A policy purchased under § 1-622.05 shall contain a provision, approved by the Mayor, providing that insurance on an employee ends 1 month after separation from the District or after discontinuance of pay, with provision for temporary extension of life insurance coverage and for conversion to an individual policy of life insurance under conditions approved by the Mayor.
(b) An employee in a group life insurance plan under § 1-622.05 who is removed or suspended without pay and later reinstated or restored to duty on the grounds that the removal or suspension was unwarranted or unjustified may, at the employee’s option, enroll as a new employee or have the employee’s coverage restored, with appropriate adjustments made in contributions and claims, to the same extent and effect as though the removal or suspension had not taken place.
(Mar. 3, 1979, D.C. Law 2-139, § 2209; as added Oct. 1, 1987, D.C. Law 7-27, § 2(f), 34 DCR 5079.)
Prior Codifications
1981 Ed., § 1-623.9.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXII - Life Insurance; Benefit Program Study › § 1–622.10. Employee deductions; withholdings; payments

§ 1–622.10. Employee deductions; withholdings; payments.
(a) During each pay period in which the employee or annuitant is insured under a policy of insurance purchased by the District under § 1-622.05, an amount determined by the Mayor shall be withheld from the compensation of the employee or the annuity of the annuitant as his or her share of the cost of the group life insurance benefits purchased under § 1-622.05. The amount withheld from an employee or annuitant paid on other than a biweekly basis shall be determined at a proportional rate adjusted to the nearest cent.
(b) During each pay period in which an employee receiving disability compensation benefits pursuant to subchapter XXIII of this chapter is insured under a policy of group life insurance purchased by the District under § 1-622.05, an amount determined by the Mayor shall be withheld from the disability compensation benefits of the individual as his or her share of the cost of the group insurance.
(c) There shall be paid by each annuitant who received his or her benefits as a lump sum payment an amount equal to the cost of the life insurance plan less the amount of the District contribution to the life insurance plan for the annuitant.
(Mar. 3, 1979, D.C. Law 2-139, § 2210; as added Oct. 1, 1987, D.C. Law 7-27, § 2(f), 34 DCR 5079; May 10, 1989, D.C. Law 7-231, § 3(2), 36 DCR 492.)
Prior Codifications
1981 Ed., § 1-623.10.
Section References
This section is referenced in § 1-622.11.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXII - Life Insurance; Benefit Program Study › § 1–622.11. District contributions

§ 1–622.11. District contributions.
(a) For each pay period in which an employee or annuitant is insured under a policy of insurance purchased under § 1-622.05, a sum computed at a rate determined by the Mayor shall be contributed from the appropriation or fund that is used to pay the employee or annuitant to the carrier of the plan that the employee or annuitant has selected. This sum shall not exceed one-half the amount that is withheld from the compensation of the employee or annuitant under § 1-622.10 for basic life insurance coverage.
(b) The District’s contribution for annuitants shall be paid from the trust fund established in § 1-621.09.
(Mar. 3, 1979, D.C. Law 2-139, § 2211; as added Oct. 1, 1987, D.C. Law 7-27, § 2(f), 34 DCR 5079; Mar. 7, 2000, D.C. Law 13-54, § 2(b), 46 DCR 9915.)
Prior Codifications
1981 Ed., § 1-623.11.
Effect of Amendments
D.C. Law 13-54 designated the existing text as subsec. (a), and added subsec. (b).
Emergency Legislation
For temporary amendment of section, see § 2(b) of the Annuitants’ Health and Life Insurance Employer Contribution Emergency Amendment Act of 1998 (D.C. Act 12-617, January 22, 1999, 46 DCR 1335).
For temporary (90-day) amendment of section, see § 2(b) of the Annuitants’ Health and Life Insurance Employer Contribution Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-199, December 1, 1999, 46 DCR 10446).
For temporary (90-day) amendment of section, see § 2(b) of the Annuitants’ Health and Life Insurance Employer Contribution Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-276, March 7, 2000, 47 DCR 2015).
Temporary Legislation
For temporary (225 day) amendment of section, see § 2(b) of the Annuitants’ Health and Life Insurance Employer Contribution Temporary Amendment Act of 1999 (D.C. Law 12-278, April 27, 1999, law notification 46 DCR 4284).
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXII - Life Insurance; Benefit Program Study › § 1–622.12. Annual accounting; reports

§ 1–622.12. Annual accounting; reports.
(a) Each policy purchased by the District under § 1-622.05 shall provide for an accounting by the company from which the insurance was purchased to the Mayor not later than 90 days after the end of each policy year. The accounting shall set forth, in form approved by the Mayor:
(1) The amounts of premiums actually accrued under the policy from its date of issue to the end of the policy year;
(2) The total of all mortality and other claim charges incurred for that period; and
(3) The amounts of the company’s expenses and risk charges incurred for that period.
(b) Each contract entered into under § 1-622.05 shall require the company to:
(1) Furnish reasonable reports as the Mayor determines to be necessary to enable the District to carry out its functions under this subchapter; and
(2) Permit the Mayor to examine records of the company as may be necessary to carry out the purposes of this subchapter.
(Mar. 3, 1979, D.C. Law 2-139, § 2212; as added Oct. 1, 1987, D.C. Law 7-27, § 2(f), 34 DCR 5079.)
Prior Codifications
1981 Ed., § 1-623.12.
Section References
This section is referenced in § 1-622.13.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXII - Life Insurance; Benefit Program Study › § 1–622.13. Special contingency reserve

§ 1–622.13. Special contingency reserve.
(a) An excess of the total of § 1-622.12(a)(1) over the sum of § 1-622.12(a)(2) and (a)(3) shall be held by the company issuing the policy as a special contingency reserve to be used by the company only for charges under the policy purchased under § 1-622.05.
(b) The special contingency reserve shall bear interest at a rate determined in advance of each policy period by the company from which the insurance was purchased under § 1-622.05 and approved by the Mayor as being consistent with the rates generally used by the company from which the insurance was purchased under § 1-622.05 for similar funds held under other group life insurance policies.
(c) When the Mayor determines that the amount of the special contingency reserve is sufficient to provide for adverse fluctuations in future charges under the policy, any funds in excess of that amount may be used to increase benefits, to reduce premiums, or both, or may be deposited in the General Fund of the District.
(d) When a policy purchased under § 1-622.05 is discontinued, any balance remaining in the special contingency reserve after all charges have been paid shall be deposited in the General Fund of the District.
(e) When a policy purchased pursuant to § 1-622.05 is replaced by a successor policy, either by a new policy under a contract with the same life insurance company or by a policy under a new contract with another life insurance company, any balance remaining in the special contingency reserve shall be transferred to the special contingency reserve for the new policy.
(Mar. 3, 1979, D.C. Law 2-139, § 2213; as added Oct. 1, 1987, D.C. Law 7-27, § 2(f), 34 DCR 5079; Apr. 29, 1998, D.C. Law 12-89, § 2, 45 DCR 1306.)
Prior Codifications
1981 Ed., § 1-623.13.
Editor's Notes
Application of 12-89: Section 4 of D.C. Law 12-89 provided that the provisions of § 2 of the act shall apply as of May 30, 1995.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXII - Life Insurance; Benefit Program Study › § 1–622.14. Rules; eligibility

§ 1–622.14. Rules; eligibility.
(a) In order to ensure proper implementation of the group life insurance under § 1-622.05 by October 1, 1987, the Mayor may issue temporary rules regarding the group life insurance 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 the hazardous nature of employment.
(Mar. 3, 1979, D.C. Law 2-139, § 2214; as added Oct. 1, 1987, D.C. Law 7-27, § 2(f), 34 DCR 5079.)
Prior Codifications
1981 Ed., § 1-623.14.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXII - Life Insurance; Benefit Program Study › § 1–622.15. Disability income protection

§ 1–622.15. Disability income protection.
The Mayor shall establish a disability income program to include short- and long-term disability insurance which shall provide coverage for non-job-related injuries and illnesses.
(Mar. 3, 1979, D.C. Law 2-139, § 2215; as added June 10, 1998, D.C. Law 12-124, § 101(w)(2), 45 DCR 2464.)
Prior Codifications
1981 Ed., § 1-623.15.
Editor's Notes
Applicability of § 101 of D.C. Law 12-124: Section 401(c) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(h), (l), (m), (n), (o)(2) through (5), (q), (r), (t), (u), (w), and (y) of the act shall apply as of October 21, 1998.
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 XXII - Life Insurance; Benefit Program Study › § 1–622.16. Post-employment benefits

§ 1–622.16. Post-employment benefits.
An annuitant may elect to convert group life insurance benefits authorized in § 1-622.03 to an individual policy upon separation from service.
(Mar. 3, 1979, D.C. Law 2-139, § 2216; as added Mar. 3, 2010, D.C. Law 18-111, § 1201(e), 57 DCR 181.)
Cross References
Merit system, effective date provisions, see § 1-636.02.
Temporary Assistance for Needy Families program (TANF), workers’ compensation coverage, see § 4-205.19k.
Emergency Legislation
For temporary (90 day) addition, see § 1201(e) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).
For temporary (90 day) addition, see § 1201(e) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXIII - Public Sector Workers’ Compensation › § 1–623.02a. Administration

§ 1–623.02a. Administration.
The Mayor shall administer and decide all questions arising under this chapter. The Mayor may delegate to the City Administrator any of the powers conferred on him or her by this chapter, except disability compensation hearings and adjudication powers, pursuant to § 1-623.28, which shall be exercised by the Director of the Department of Employment Services.
(Mar. 3, 1979, D.C. Law 2-139, § 2302a; as added Oct. 3, 2001, D.C. Law 14-28, § 1203(b), 48 DCR 6981; Nov. 13, 2003, D.C. Law 15-39, § 2003, 50 DCR 5668.)
Effect of Amendments
D.C. Law 15-39 substituted “to the City Administrator” for “to the Director of Personnel”.
Emergency Legislation
For temporary (90 day) addition of section, see § 1103(b) of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).
For temporary (90 day) transfer of property, records, and unexpended funds to the Office of Risk Management, see § 3 of Disability Compensation Program Transfer Emergency Amendment Act of 2002 (D.C. Act 14-400, June 26, 2002, 49 DCR 6526).
For temporary (90 day) amendment of section, see § 3 of Disability Compensation Program Transfer Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-476, October 3, 2002, 49 DCR 9568).
For temporary (90 day) amendment of section, see § 3 of Disability Compensation Program Transfer and Risk Management Emergency Amendment Act of 2003 (D.C. Act 15-88, May 19, 2003, 50 DCR 4330).
For temporary (90 day) amendment of section, see § 3 of Disability Compensation Program Transfer and Risk Management Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-128, July 29, 2003, 50 DCR 6836).
For temporary (90 day) amendment of section, see § 3 of Disability Compensation Program Transfer and Risk Management Second Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-172, October 6, 2003, 50 DCR 9173).
Temporary Legislation
For temporary (225 day) amendment of section, see § 3 of Disability Compensation Program Transfer Temporary Amendment Act of 2002 (D.C. Law 14-202, October 17, 2002, law notification 49 DCR 12020).
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXIII - Public Sector Workers’ Compensation › § 1–623.02b. Functions — Disability compensation

§ 1–623.02b. Functions — Disability compensation.
The functions of the program shall be to:
(1) Establish appropriate systems and procedures for the reporting of occupational accidents and illnesses;
(2) Maintain and analyze records of all occupational accidents and illnesses occurring within agencies;
(3) Study safety problems and recommend actions to correct undesirable conditions or unsafe practices;
(4) Monitor and evaluate adequacy and effectiveness of safety procedures and practices of District agencies through inspection;
(5) Make determinations and awards for, or against payment of compensation under this chapter;
(6) Pay compensation to employees for work related disability or death resulting from personal injury sustained in the performance of their duty, as specified in this section;
(7) Conduct promotional campaigns to stimulate employees’ interest in accident prevention and to train and motivate supervisors in accident prevention concepts, practices and techniques;
(8) Develop and maintain working agreements with designated physicians and other public or private organizations, as required; and
(9) Monitor the adequacy and effectiveness of medical services under this section, and develop guidelines for the determination of disabilities and professional fees.
(Mar. 3, 1979, D.C. Law 2-139, § 2302b; as added Oct. 3, 2001, D.C. Law 14-28, § 1203(b), 48 DCR 6981.)
Emergency Legislation
For temporary (90 day) addition of section, see § 1103(b) 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 › § 1–623.04. Vocational rehabilitation

§ 1–623.04. Vocational rehabilitation.
(a) The Mayor shall direct an individual with a permanent or temporary disability whose disability is compensable under this subchapter to undergo vocational rehabilitation. The Mayor shall provide for furnishing the vocational rehabilitation services. In providing for these services, the Mayor, insofar as practicable, shall use the services or facilities of the District of Columbia government. The cost of providing these services to individuals undergoing vocational rehabilitation under this section shall be paid from the Employees’ Compensation Fund.
(b) Notwithstanding § 1-623.06, individuals directed to undergo vocational rehabilitation by the Mayor, while undergoing such rehabilitation, shall receive compensation at the rate provided in §§ 1-623.05 and 1-623.10, less the amount of any earnings received from remunerative employment other than employment undertaken pursuant to such rehabilitation.
(c) The initial vocational rehabilitation services provided pursuant to this section shall be for a period not to exceed 90 days after the claimant reaches maximum medical improvement and vocational rehabilitation is initiated.
(d) After the initial 90-day period has expired, the vocational rehabilitation services may be extended, at the discretion of the Mayor, for good cause shown, for incremental periods of 90 days, not to exceed one year from the initiation of the initial vocational rehabilitation plan.
(Mar. 3, 1979, D.C. Law 2-139, § 2304, 25 DCR 5740; Oct. 3, 2001, D.C. Law 14-28, § 1203(c), 48 DCR 6981; Apr. 24, 2007, D.C. Law 16-305, § 3(g), 53 DCR 6198; Sept. 24, 2010, D.C. Law 18-223, § 1062(b)(4), 57 DCR 6242.)
Prior Codifications
1981 Ed., § 1-624.4.
1973 Ed., § 1-353.4.
Section References
This section is referenced in § 1-623.11, § 1-623.13, and § 1-623.17.
Effect of Amendments
D.C. Law 14-28, in subsec. (a), substituted “shall direct a permanently or temporarily” for “may direct a permanently”.
D.C. Law 16-305, in subsec. (a), substituted “an individual with a permanent or temporary disability” for “a permanently or temporarily disabled individual”.
D.C. Law 18-223 added subsecs. (c) and (d).
Emergency Legislation
For temporary (90 day) amendment of section, see § 1103(c) of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).
For temporary (90 day) amendment of section, see § 1062(b)(4) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
Mayor's Orders
Establishment and Appointments—D.C. State Rehabilitation Council, see Mayor’s Order 2001-173, November 30, 2001 ( 48 DCR 11586).
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXIII - Public Sector Workers’ Compensation › § 1–623.05. Total disability

§ 1–623.05. Total disability.
(a) If the disability is total, subject to the limitations in § 1-623.06a, the District government shall pay the employee during the disability monthly monetary compensation equal to 66 2/3 percent of his or her monthly pay, which shall be known as his or her basic compensation for total disability.
(b) The loss of use of both hands, both arms, both feet, or both legs or the loss of sight of both eyes is prima facie permanent total disability.
(Mar. 3, 1979, D.C. Law 2-139, § 2305, 25 DCR 5740; Sept. 24, 2010, D.C. Law 18-223, § 1062(b)(5), 57 DCR 6242.)
Prior Codifications
1981 Ed., § 1-624.5.
1973 Ed., § 1-353.5.
Section References
This section is referenced in § 1-623.04, § 1-623.07, and § 1-623.10.
Effect of Amendments
D.C. Law 18-223, in subsec. (a), substituted “, subject to the limitations in § 1-623.06a, the District government” for “the District of Columbia government”.
Emergency Legislation
For temporary (90 day) amendment of section, see § 1062(b)(5) 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 › § 1–623.06a. Period of disability payments

§ 1–623.06a. Period of disability payments.
(a) Except as provided in subsection (b) of this section, for any one injury causing temporary total or temporary partial disability, the payment for disability benefits shall not continue for more than a total of 500 weeks; provided, that within the last 52 weeks, the claimant shall be entitled to a hearing before an Office of Administrative Hearings judge for purposes of determining whether the claimant has a permanent disability. The hearing shall be conducted pursuant to the provisions of § 1-623.24(b). Within 30 days after the hearing, the Mayor shall notify the claimant, the Attorney General, and the Office of Personnel in writing of his or her decision and any permanent disability award that he or she may make and the basis of the decision.
(b) Subsection (a) of this section shall not apply to any employee whose date of hire was before January 1, 1980.
(c) Subsection (a) shall apply one year after September 24, 2010.
(Mar. 3, 1979, D.C. Law 2-139, § 2306a; as added Sept. 24, 2010, D.C. Law 18-223, § 1062(b)(7), 57 DCR 6242.)
Section References
This section is referenced in § 1-623.05 and § 1-623.06.
Emergency Legislation
For temporary (90 day) addition of section, see § 1062(b)(7) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
For temporary (90 day) addition of section, see § 2(b) of Public Sector Workers’ Compensation Return to Work Clarifying Emergency Amendment Act of 2011 (D.C. Act 19-158, October 11, 2011, 58 DCR 8881).
Temporary Legislation
Section 2(b) of D.C. Law 19-69 added a section to read as follows:
“Sec. 2306b. Earnings affidavit.
“(a) The Mayor shall require each employee receiving benefits under this title to report his or her earnings from employment or self-employment, by affidavit or otherwise, including by providing copies of tax documents or authorization for the Mayor to obtain copies of tax documents, in the manner and at the times the Mayor specifies. The employee shall include in the affidavit or report the value of housing, board, lodging, and other advantages which are part of his or her earnings in employment or self-employment and which can be estimated in money.
“(b) An employee forfeits his or her right to compensation with respect to any period for which the affidavit or report was required if the employee:
“(1) Fails to file a complete affidavit or report when required; or
“(2) Knowingly omits or understates any part of his or her earnings.
“(c) Compensation forfeited under this section, if already paid, shall be recovered by a deduction from the compensation payable to the employee or otherwise recovered under section 2329 unless recovery is waived under that section.”.
Section 4(b) of D.C. Law 19-69 provided that the act shall expire after 225 days of its having taken effect.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXIII - Public Sector Workers’ Compensation › § 1–623.06b. Report of earnings

§ 1–623.06b. Report of earnings.
(a) The Mayor shall require each employee receiving benefits under this subchapter to report his or her earnings from employment or self-employment by affidavit, including by providing copies of tax returns and authorizing the Mayor to obtain copies of tax documents, within 30 days of a written request for a report of earnings.
(b) An employee shall forfeit his or her right to workers’ compensation with respect to any period for which the report of earnings was required if the employee:
(1) Fails to file a complete report of earnings within 30 days of a written request for a report of earnings; or
(2) Knowingly omits or understates any part of his or her earnings.
(c) Workers’ compensation forfeited under this section, if already paid, may be recovered by a deduction from future workers’ compensation payments owed to the employee or otherwise recovered under § 1-623.29.
(d) The Mayor shall notify any employee receiving workers’ compensation benefits, on forms prescribed by the Mayor, of that employee’s affirmative duty to report earnings and shall specifically notify the employee that a failure to report earnings may subject him or her to termination from the program and civil or criminal liability. The notice by the Mayor may be satisfied by printing the notice on the employee payee statement portion of the indemnity check sent to the employee.
(e) For the purposes of this section, the term “earnings” includes any cash, wages, or salary received from self-employment or from any other employment aside from the employment in which the worker was injured. The term “earnings” also includes commissions, bonuses, and the cash value of all payments and benefits received in any form other than cash. Commissions and bonuses earned before disability but received during the time the employee is receiving workers’ compensation benefits do not constitute earnings that must be reported.
(Mar. 3, 1979, D.C. Law 2-139, § 2306b; as added Feb. 26, 2015, D.C. Law 20-155, § 1022(b)(2), 61 DCR 9990.)
Emergency Legislation
For temporary (90 days) addition of D.C. Law 2-139, § 2306b, concerning report of earnings, see § 1022(b)( 2) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).
For temporary (90 days) addition of D.C. Law 2-139, § 2306b, concerning report of earnings, see § 1022(b)( 2) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).
For temporary (90 days) addition of D.C. Law 2-139, § 2306b, concerning report of earnings, see § 1022(b)( 2) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXIII - Public Sector Workers’ Compensation › § 1–623.08. Reduction of compensation for subsequent injury to same member

§ 1–623.08. Reduction of compensation for subsequent injury to same member.
The period of compensation payable under the schedule in § 1-623.07 is reduced by the period of compensation paid or payable under the schedule for an earlier injury if: (1) Compensation in both cases is for disability of the same member or function or different parts of the same member or function or for disfigurement; and (2) the Mayor finds that compensation payable for the later disability, in whole or in part, would duplicate the compensation payable for the preexisting disability. In such a case, compensation for disability continuing after the scheduled period starts on the expiration of that period as reduced under this section.
(Mar. 3, 1979, D.C. Law 2-139, § 2308, 25 DCR 5740.)
Prior Codifications
1981 Ed., § 1-624.8.
1973 Ed., § 1-353.8.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXIII - Public Sector Workers’ Compensation › § 1–623.11. Additional compensation for services of attendants or vocational rehabilitation

§ 1–623.11. Additional compensation for services of attendants or vocational rehabilitation.
(a) The Mayor may pay an employee who has been awarded compensation an additional sum of not more than $500 a month, as he or she considers necessary, when he or she finds that the service of an attendant is necessary constantly because the employee is totally blind or has lost the use of both hands or both feet or is paralyzed and unable to walk or because of another disability resulting from the injury making him or her so helpless as to require constant attendance.
(b) The Mayor may pay an individual undergoing vocational rehabilitation under § 1-623.04 additional compensation necessary for his or her maintenance, but not to exceed $200 a month.
(Mar. 3, 1979, D.C. Law 2-139, § 2311, 25 DCR 5740.)
Prior Codifications
1981 Ed., § 1-624.11.
1973 Ed., § 1-353.11.
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 › § 1–623.12. Maximum and minimum monthly compensation

§ 1–623.12. Maximum and minimum monthly compensation.
(a) Except as provided by § 1-623.38, the monthly rate of compensation for disability, including augmented compensation under § 1-623.10, but not including additional compensation under § 1-623.11, may not be more than 75% of the monthly pay of the maximum rate of basic pay for GS-15 as provided in § 5332 of Title 5 of the United States Code or its equivalent as provided in subchapter XI of this chapter. In case of total disability and except as provided in subsection (b) of this section, the monthly rate of compensation may not be less than 75% of the monthly pay of the minimum rate of basic pay for GS-2 as provided in § 5332 of Title 5 of the United States Code or its equivalent as provided in subchapter XI of this chapter, or the amount of the monthly pay of the employee, whichever is less.
(b) For employees hired after December 31, 1979, who make a claim for compensation for disability or death after December 29, 1994, except as provided in § 1-623.38, the monthly rate of compensation for disability, including augmented compensation under § 1-623.10, but not including additional compensation under § 1-623.11, may not be more than 73% of the monthly pay of the maximum rate of basic pay for DS-12, Step 10. In the case of total disability the monthly rate of compensation may not be less than 75% of the monthly pay of the minimum rate of basic pay for DS-2, Step 1, or the amount of the monthly pay of the employee, whichever is less.
(Mar. 3, 1979, D.C. Law 2-139, § 2312, 25 DCR 5740; Sept. 26, 1995, D.C. Law 11-52, § 810(e), 42 DCR 3684.)
Prior Codifications
1981 Ed., § 1-624.12.
1973 Ed., § 1-353.12.
Section References
This section is referenced in § 1-623.38.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXIII - Public Sector Workers’ Compensation › § 1–623.15. Determination of wage-earning capacity

§ 1–623.15. Determination of wage-earning capacity.
(a) In determining compensation for partial disability, except permanent partial disability compensable under §§ 1-623.07 and 1-623.09, the wage-earning capacity of an employee is determined by his or her actual earnings, if his or her actual earnings fairly and reasonably represent his or her wage-earning capacity. If the actual earnings of the employee do not fairly and reasonably represent his or her wage-earning capacity, or if the employee has no actual earnings, his or her wage-earning capacity as appears reasonable under the circumstances is determined with due regard to the following:
(1) The nature of his or her injury;
(2) The degree of physical impairment;
(3) His or her usual employment;
(4) His or her age;
(5) His or her qualifications for other employment;
(6) The availability of suitable employment; and
(7) Other factors or circumstances which may affect his or her wage-earning capacity as a worker with a disability.
(b) Section 1-623.14 is applicable in determining the wage-earning capacity of an employee after the beginning of partial disability.
(Mar. 3, 1979, D.C. Law 2-139, § 2315, 25 DCR 5740; Apr. 24, 2007, D.C. Law 16-305, § 3(k), 53 DCR 6198.)
Prior Codifications
1981 Ed., § 1-624.15.
1973 Ed., § 1-353.15.
Effect of Amendments
D.C. Law 16-305, in subsec. (a)(7), substituted “as a worker with a disability” for “in his or her disabled condition”.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXIII - Public Sector Workers’ Compensation › § 1–623.17. Time of accrual of right

§ 1–623.17. Time of accrual of right.
(a) An employee is not entitled to compensation or continuation of pay as provided in § 1-623.18 for the first 3 days of temporary disability which would have otherwise been workdays for the employee, except:
(1) When the disability exceeds 14 calendar days;
(2) When the disability is followed by permanent disability; or
(3) As provided by §§ 1-623.03 and 1-623.04.
(b) An employee may use annual or sick leave to his or her credit at the time the disability begins but the time period specified in subsection (a) of this section does not begin to run until the use of annual or sick leave ends.
(Mar. 3, 1979, D.C. Law 2-139, § 2317, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(v), 27 DCR 2632.)
Prior Codifications
1981 Ed., § 1-624.17.
1973 Ed., § 1-353.17.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXIII - Public Sector Workers’ Compensation › § 1–623.18. Continuation of pay; election to use annual or sick leave

§ 1–623.18. Continuation of pay; election to use annual or sick leave.
(a) The District of Columbia government shall authorize the continuation of pay of an employee, as defined in paragraph (1) of § 1-623.01, who has filed a claim for a period of wage loss due to a traumatic injury with his or her immediate superior on a form approved by the Mayor within the time specified in paragraph (2) of subsection (a) of § 1-623.22.
(b) Continuation of pay under this subchapter shall be furnished:
(1) Unless controverted under rules and regulations of the Mayor;
(2) For a period not to exceed 45 days for employees hired before January 1, 1980, or for employees who have a claim for compensation for disability pending on December 29, 1994, provided that the period of continuation of pay shall not exceed 21 days for all other employees, beginning 2 years after December 29, 1994; and
(3) Under accounting procedures and such other rules and regulations as the Mayor may require.
(c) If a claim under subsection (a) of this section is denied by the Mayor, payments under this section, at the option of the employee, shall be charged to sick or annual leave or shall be deemed overpayments of pay within the meaning of § 5584 of Title 5 of the United States Code or equivalent provisions of this chapter.
(d) Payments under this section shall not be considered compensation as defined by paragraph (12) of § 1-623.01.
(Mar. 3, 1979, D.C. Law 2-139, § 2318, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(w), 27 DCR 2632; Sept. 26, 1995, D.C. Law 11-52, § 810(g), 42 DCR 3684.)
Prior Codifications
1981 Ed., § 1-624.18.
1973 Ed., § 1-353.18.
Section References
This section is referenced in § 1-623.17.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXIII - Public Sector Workers’ Compensation › § 1–623.19. Notice of injury or death

§ 1–623.19. Notice of injury or death.
(a) An employee injured in the performance of his or her duty, or someone on his or her behalf, shall give notice thereof. Notice of a death believed to be related to the employment shall be given by an eligible beneficiary specified in § 1-623.33, or someone on his or her behalf. A notice of injury or death shall:
(1) Be given within 30 days after the injury or death;
(2) Be given to the immediate superior of the employee by personal delivery or by depositing it in the mail properly stamped and addressed;
(3) Be in writing;
(4) State the name and address of the employee;
(5) State the year, month, day, hour when, and the particular locality where the injury or death occurred;
(6) State the cause and nature of the injury, or in the case of death, the employment factors believed to be the cause;
(7) Be signed by and contain the address of the individual giving the notice; and
(8) Be accompanied by a form approved by the Mayor authorizing access to all related medical and earnings data concerning the claimant.
(b) Failure to give the notice shall not bar any claim under this chapter:
(1) If the employer or the Disability Compensation Fund had actual knowledge of the injury or death and its relationship to the employment and the employer has not been prejudiced by failure to give the notice;
(2) If the Mayor or his or her designee excuses the failure on the ground that for some satisfactory reason the notice could not be given; or
(3) Unless objection to the failure is not raised before the Mayor at the first hearing of a claim for compensation relating to the injury or death at the Department of Employment Services.
(c) The time limitations in this section shall not apply to:
(1) A minor until he or she reaches 21 years of age or has had a legal representative appointed; or
(2) An incompetent individual while he or she is incompetent and has no duly appointed legal representative.
(Mar. 3, 1979, D.C. Law 2-139, § 2319, 25 DCR 5740; Apr. 5, 2005, D.C. Law 15-290, § 2(b), 52 DCR 1449; Mar. 8, 2007, D.C. Law 16-231, § 2(a), 54 DCR 365; Mar. 14, 2007, D.C. Law 16-294, § 2(a), 54 DCR 1086.)
Prior Codifications
1981 Ed., § 1-624.19.
1973 Ed., § 1-353.19.
Section References
This section is referenced in § 1-623.22.
Effect of Amendments
D.C. Law 15-290 added subsecs. (b) and (c).
D.C. Law 16-231, in subsec. (b)(3), substituted “is not raised” for “is raised”.
D.C. Law 16-294, in subsec. (b), deleted “if” from the end of the lead-in text, inserted “If” at the beginning of pars. (1) and (2), and inserted “Unless” at the beginning of par. (3).
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXIII - Public Sector Workers’ Compensation › § 1–623.20. Report of injury

§ 1–623.20. Report of injury.
(a) The immediate superior of an employee shall report to the Mayor an injury to the employee that results in his or her death or probable injury within 3 days from the date of the injury or death or the date that the superior has knowledge of the injury, whichever is earlier.
(b) Notwithstanding § 1-623.24(a)(1), failure of a superior to report an injury or death shall not impair a claimant’s right to compensation. The Mayor may:
(1) Prescribe the information that the report shall contain;
(2) Require the immediate superior to make supplemental reports; and
(3) Obtain such additional reports and information from employees as are agreed on by the Mayor and the head of the employing agency.
(Mar. 3, 1979, D.C. Law 2-139, § 2320, 25 DCR 5740; Apr. 5, 2005, D.C. Law 15-290, § 2(c), 52 DCR 1449.)
Prior Codifications
1981 Ed., § 1-624.20.
1973 Ed., § 1-353.20.
Effect of Amendments
D.C. Law 15-290 rewrote the section which had read:
“Immediately after an injury to an employee which results in his or her death or probable disability, his or her immediate superior shall report to the Mayor. The Mayor may:
“(1) Prescribe the information that the report shall contain;
“(2) Require the immediate superior to make supplemental reports; and
“(3) Obtain such additional reports and information from employees as are agreed on by the Mayor and the head of the employing agency.”
Emergency Legislation
For temporary (90 days) amendment of this section, see § 302(b) of Workplace Safety During the COVID-19 Pandemic Emergency Amendment Act of 2021 (D.C. Act 24-26, Feb. 26, 2021, 68 DCR 002616).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 302(b) of Workplace Safety During the COVID-19 Pandemic Temporary Amendment Act of 2021 (D.C. Law 24-6, May 13, 2021, 68 DCR 003198).
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XXIII - Public Sector Workers’ Compensation › § 1–623.21. Claim required; contents

§ 1–623.21. Claim required; contents.
(a) Compensation under this subchapter may be allowed only if an individual or someone on his or her behalf makes claim therefor. The claim shall:
(1) Be made in writing within the time specified by § 1-623.22;
(2) Be delivered to the Office of the Mayor or to an individual whom the Mayor may designate by rules and regulations, or deposited in the mail properly stamped and addressed to the Mayor or his or her designee;
(3) Be on a form approved by the Mayor;
(4) Contain all information required by the Mayor;
(5) Be sworn to by the individual entitled to compensation or someone on his or her behalf; and
(6) Except in case of death, be accompanied by a certificate of the physician of the employee stating the nature of the injury and the nature and probable extent of the disability.
(b) The Mayor may waive paragraphs (3) through (6) of subsection (a) of this section for reasonable cause shown.
(Mar. 3, 1979, D.C. Law 2-139, § 2321, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(x), 27 DCR 2632.)
Prior Codifications
1981 Ed., § 1-624.21.
1973 Ed., § 1-353.21.