Code of the District of Columbia

Subchapter XI. Classification; Compensation.


§ 1–611.01. Classification policy; grade levels; publication required; public hearing.

(a) The classification of all positions in the Career, Educational, Legal, Excepted, and the Management Supervisory Services will be accomplished in accordance with the following policy:

(1) Individual positions will be grouped and identified by classes and grades, in accordance with their duties, responsibilities, and qualification requirements and shall be indexed and cross referenced in the incumbent classification and compensation system; and

(2) The principle of equal pay for substantially equal work will be supported.

(b) The grade levels of all positions in the Career, Educational, Legal, Excepted, and the Management Supervisory Services shall be based on the consideration of applicable factors, such as knowledge and skills required by the positions; supervisory controls exercised over the work; guidelines used; complexity of the work; scope and effect of the work; personal contacts; purpose of contacts; physical demands of the positions; and work environment.

(c) Classification systems or proposals developed under the authority of this subchapter shall be published in the District of Columbia Register at least 60 days prior to their proposed effective date. The Mayor or the Board of Education or the Board of Trustees of the University of the District of Columbia shall hold, as provided in this subchapter, a public hearing on all such proposals he, she, or it has published in the District of Columbia Register prior to his, her, or its adoption of a classification system or amendment to such system; provided, that the classification system or systems in effect on December 31, 1979, shall remain in effect until the adoption of a classification system or systems pursuant to § 1-611.02 or § 1-611.11.


(Mar. 3, 1979, D.C. Law 2-139, § 1101, 25 DCR 5740; Mar. 4, 1981, D.C. Law 3-130, § 2(a), 28 DCR 277; Feb. 24, 1987, D.C. Law 6-177, § 3(k), 33 DCR 7241; Aug. 1, 1996, D.C. Law 11-152, § 302(j), 43 DCR 2978; Apr. 12, 2000. D.C. Law 13-91, § 103(m), 47 DCR 520; Oct. 19, 2002, D.C. Law 14-213, § 3(e), (f), 49 DCR 8140.)

Prior Codifications

1981 Ed., § 1-612.1.

1973 Ed., § 1-341.1.

Section References

This section is referenced in § 1-611.02, § 1-611.11, § 1-1161.01, § 1-1163.02, § 42-3502.03b, and § 42-3502.04a.

Effect of Amendments

D.C. Law 13-91, in the introductory portion of subsec. (a) and in subsec. (b), inserted “Legal,”.

D.C. Law 14-213, in subsec. (a), substituted “Excepted, and the Management Supervisory Services” for “and the Excepted Services”; and in subsec. (b), substituted “Excepted, and the Management Supervisory Services” for “and Excepted Services”.

Cross References

Rent administrator, compensation, see § 42-3502.03.

Rental housing commission members, compensation, see § 42-3502.01.

Emergency Legislation

For temporary (90-day) amendment of section, see § 2(c) of the Legal Services Clarification and Technical Emergency Amendment Act of 1999 (D.C. Act 13-203, December 8, 1999, 46 DCR 10456).

For temporary (90-day) amendment of section, see § 2(c) of the Legal Services Clarification and Technical Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-293, March 7, 2000, 47 DCR 2063).

For temporary (90 day) Freeze of Within-Grade Salary Increases provisions, see §§ 102 and 103 of Fiscal Year 2003 Budget Support Emergency Act of 2003 (D.C. Act 15-51, March 31, 2003, 50 DCR 2954).

For temporary (90 day) Freeze of Within-Grade Salary Increases provisions, see §§ 102 and 103 of Fiscal Year 2003 Budget Support Congressional Review Emergency Act of 2003 (D.C. Act 15-97, June 20, 2003, 50 DCR 5472).

For temporary (90 day) repeal of Freeze of Within-Grade Salary Increases provisions of Title I of the Fiscal Year 2003 Budget Support Emergency Act of 2003 (D.C. Act 15-51), Title I of the Fiscal Year 2003 Budget Support Congressional Review Emergency Act of 2003 (D.C. Act 15-97), and Title I of the Fiscal Year 2003 Budget Support Temporary Act of 2003 (D.C. Act 15-92), see §§ 2 and 3 of the Freeze of Within-Grade Salary Increase Repeal Emergency Act of 2003 (D.C. Act 15-122, July 29, 2003, 50 DCR 6619).

For temporary (90 day) additions, see §§ 1022 to 1027 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 § 1142 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 sections, see §§ 2 to 5 of Financial Stability Measures Emergency Act of 2010 (D.C. Act 18-588, October 19, 2010, 57 DCR 10140).

For temporary (90 day) amendment of section, see § 2 of Financial Stability Measures Clarification Emergency Amendment Act of 2010 (D.C. Act 18-593, November 3, 2010, 57 DCR 10475).

For temporary (90 days) response by the government of the District of Columbia’s to the federal shutdown, or lapse in appropriations, by designating personnel as essential, authorizing the District to employ personal services, and providing for the compensation of personnel, see §§ 2 to 6 of the Federal Shutdown Response Emergency Act of 2013 (D.C. Act 20-182, October 4, 2013, 60 DCR 14955).

Temporary Legislation

For temporary (225 day) additions, see §§ 101 to 104 of Fiscal Year 2003 Budget Support Temporary Act of 2003 (D.C. Law 15-25, July 22, 2003, law notification 50 DCR 6095).

For temporary (225 day) repeal of D.C. Law 15-25, see § 2 of Freeze of Within-Grade Salary Increase Repeal Temporary Act of 2003 (D.C. Law 15-49, December 9, 2003, law notification 51 DCR 1784).

Editor's Notes

Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.

Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.

Compensation for District employees: Section 120 of Pub. L. 104-194, 110 Stat. 2366, the District of Columbia Appropriations Act, 1997, provided that notwithstanding any other provisions of law, the provisions of § 1-601.01 et seq., enacted pursuant to § 1-204.22(3), shall apply with respect to the compensation of District of Columbia employees and provided that, for pay purposes, employees of the District of Columbia government shall not be subject to the provisions of title 5 of the United States Code.


§ 1–611.02. Establishment and maintenance of classification system for Career, Legal, Excepted, and Management Supervisory Services employees.

(a) In order to carry out the policies of § 1-611.01, the Mayor shall provide for the development of a classification system covering all positions in the Career, Legal, Excepted, and the Management Supervisory Services.

(b) The Mayor shall provide that all positions covered by this classification system are properly described in writing in accordance with the principal duties and responsibilities officially assigned to those positions and shall provide that all positions are properly evaluated by application of official classification standards, in accordance with accepted classification principles and techniques and in accordance with applicable rules and regulations. The Mayor shall provide for meaningful consultation with the District of Columbia Board of Education and the Board of Trustees of the University of the District of Columbia in the classification of positions of persons in the Career Service employed by the educational Boards.

(c) Repealed.

(d) Classification systems or proposals developed under the authority of this section shall be published in the District of Columbia Register at least 60 days prior to their proposed effective date. The Mayor shall hold a public hearing on all such proposals he or she publishes in the District of Columbia Register prior to his or her adoption of a classification system(s) or amendment to such system(s).


(Mar. 3, 1979, D.C. Law 2-139, § 1102, 25 DCR 5740; Feb. 24, 1987, D.C. Law 6-177, § 3(l), 33 DCR 7241; Aug. 1, 1996, D.C. Law 11-152, § 302(k), 43 DCR 2978; June 10, 1998, D.C. Law 12-124, § 101(n)(1), 45 DCR 2464; Apr. 12, 2000. D.C. Law 13-91, § 103(n), 47 DCR 520; Oct. 19, 2002, D.C. Law 14-213, § 3(g), 49 DCR 8140.)

Prior Codifications

1981 Ed., § 1-612.2.

1973 Ed., § 1-341.2.

Section References

This section is referenced in § 1-611.01.

Effect of Amendments

D.C. Law 13-91, in subsec. (a), inserted “Legal,”.

D.C. Law 14-213, in subsec. (a), substituted “Excepted, and the Management Supervisory Services” for “and the Excepted Services”.

Emergency Legislation

For temporary (90-day) amendment of section, see § 2(d) of the Legal Services Clarification and Technical Emergency Amendment Act of 1999 (D.C. Act 13-203, December 8, 1999, 46 DCR 10456).

For temporary (90-day) amendment of section, see § 2(d) of the Legal Services Clarification and Technical Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-293, March 7, 2000, 47 DCR 2063).

Editor's Notes

Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.

Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.

Applicability of § 101(n) 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.


§ 1–611.03. Compensation policy; compensatory time off; overtime pay.

(a) Compensation for all employees in the Career, Educational, Legal, Excepted, and the Management Supervisory Services shall be fixed in accordance with the following policy:

(1) Compensation shall be competitive with that provided to other public sector employees having comparable duties, responsibilities, qualifications, and working conditions by occupational groups. For the purpose of this paragraph, compensation shall be deemed to be competitive if it falls reasonably within the range of compensation prevailing in the Washington, D.C., Standard Metropolitan Statistical Area (SMSA); provided, that compensation levels may be examined for public and/or private employees outside the area and/or for federal government employees when necessary to establish a reasonably representative statistical basis for compensation comparisons, or when conditions in the local labor market require a larger sampling of prevailing compensation levels.

(2) Pay for the various occupations and groups of employees shall be, to the maximum extent practicable, interrelated and equal for substantially equal work in accordance with this principle, dental officers shall be paid on the same schedule as medical officers having comparable qualifications and experiences.

(3) Differences in pay shall be maintained in keeping with differences in level of work and quality of performance.

(4) Repealed.

(5) Repealed.

(6) Repealed.

(7)(A) Any full-time permanent, indefinite, or term employee of a District agency or independent agency, who serves in a reserve component of the United States Armed Forces and who has been or will be called to active duty in preparation for, or as a result of, Operation New Dawn, Operation Odyssey Dawn, or any contingency operation as defined in 10 U.S.C. § 101(a)(13), shall receive, upon application and approval, an amount that equals the difference in compensation between the employee's District government basic pay reduced by the employee's basic military pay. This amount shall not be considered as basic pay for any purpose and shall be paid for any period following the formal inception of Operation New Dawn in 2010, any period following the formal inception of Operation Odyssey Dawn in 2011, or any period following the formal inception of any contingency operation as defined in 10 U.S.C. § 101(a)(13), during which the employee is carried in a non-pay status from the time the employee is called into active duty, until the employee is released from active duty occasioned by any of these military operations, or, in the case of a term employee, until the date of the end of the term of employment.

(B) The Mayor shall issue rules within 30 days of March 26, 2008, to implement the provisions of this paragraph.

(b) The pay of an individual receiving an annuity under any District government civilian retirement system selected for employment in the District government on or after January 1, 1980, shall be reduced by the amount of annuity allocable to the period of employment as a reemployed annuitant. No salary subject to this reduction shall be reduced to less than any applicable minimum wage set forth in the Fair Labor Standards Act of 1938, approved June 25, 1938 (52 Stat. 1060; 29 U.S.C. § 201 et seq.), or any other applicable federal minimum wage statute or regulation. No reduction shall be made to the pay of a reemployed individual for any retirement benefits received by the reemployed individual pursuant to 5 U.S.C. § 8331, §§ 1-626.03 through 1-626.12, § 5-723(e), the Judges’ Retirement Fund, established by § 1-714, or the Retired Police Officer Public Schools Security Personnel Deployment Amendment Act of 1994.

(c) Repealed.

(d) Notwithstanding any other provisions of law or regulation, effective April 15, 1986, any employee who is covered by the provisions of the Fair Labor Standards Act of 1938 (29 U.S.C. § 201 et seq.)(“FLSA”), and is eligible to earn compensatory time may receive compensatory time off at a rate not less than 1 and one-half hours for each hour of employment for which overtime compensation is required under the FLSA, in lieu of paid overtime compensation.

(1) If the work of an employee for which compensatory time off may be provided includes work in a public safety activity, an emergency response activity, or a seasonal activity, the employee may accrue not more than 480 hours of compensatory time for hours worked after April 15, 1986. If the work of an employee does not include work in a public safety activity, an emergency response activity, or a seasonal activity, the employee may accrue not more than 240 hours of compensatory time for hours worked after April 15, 1986.

(2) Any employee who, after April 15, 1986, has accrued the maximum number of hours of compensatory time off allowed under paragraph (1) of this subsection shall, for additional hours of work, be paid overtime compensation.

(e) Notwithstanding any other provision of District law or regulation, effective on the first day of the first pay period beginning one month after November 25, 1993, entitlement to and computation of overtime for all employees of the District government, except those covered by a collective bargaining agreement providing otherwise, shall be determined in accordance with, and shall not exceed, the overtime provisions of section 7 of the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. § 207. No person shall be entitled to overtime under this section unless that person is either entitled to overtime under the Fair Labor Standards Act or is entitled to overtime under the personnel rules of the District of Columbia as they existed at the time of enactment of this section.

(f)(1) Repealed.

(2)(A) Except as provided in subparagraph (B) of this paragraph, uniformed members of the Fire and Emergency Medical Services Department at the rank of Assistant Fire Chief and above shall not receive overtime compensation for work performed in excess of 40 hours in an administrative workweek and in excess of 48 hours in a workweek for those uniformed members of the Fire and Emergency Medical Services Department at the rank of Assistant Fire Chief and above in the Firefighting Division.

(B) For fiscal years 2011, 2012, 2013, 2014, and 2015, uniformed members of the Fire and Emergency Medical Services Department at the rank of Battalion Fire Chief and above shall not receive overtime compensation for work performed in excess of 40 hours in an administrative workweek and in excess of 48 hours in a workweek for those uniformed members of the Fire and Emergency Medical Services Department at the rank of Deputy Fire Chief and above in the Firefighting Division.

(3) Uniformed members of the Metropolitan Police Department at the rank of Inspector and above and uniformed members of the Fire and Emergency Medical Services Department at the rank of Assistant Fire Chief and above shall not be suspended for disciplinary actions for less than a full pay period.

(4)(A)(i) For fiscal years 2011, 2012, 2013, and 2014, and except as provided in subparagraph (B) of this paragraph, no officer or member of the Fire and Emergency Medical Services Department who is authorized to receive overtime compensation under this subsection may earn overtime in excess of $20,000 in a fiscal year.

(ii) For Fiscal Year 2015, and except as provided in subparagraph (B) of this paragraph, no officer or member of the Fire and Emergency Medical Services Department who is authorized to receive overtime compensation under this subsection may earn overtime in excess of $30,000 in a fiscal year.

(B) This paragraph shall not apply to a member of the Fire and Emergency Medical Services Department who is classified as a Heavy Mobile Equipment Mechanic or a Fire Arson Investigator Armed (Canine Handler).

(C) Notwithstanding any other provision of this paragraph, the exemption to the overtime limitation for the Fire Arson Investigator Armed (Canine Handler) set forth in subparagraph (B) of this paragraph shall apply retroactively to fiscal year 2011.

(g)(1) The Chief of Police may grant time off, to be considered FLSA-exempt, to uniformed members of the Metropolitan Police Department at the rank of Inspector and above, and the civilian equivalents, for work performed in excess of an 80-hour biweekly pay period, excluding roll call; provided, that:

(A) FLSA-exempt time off granted to any individual employee shall not exceed a total of 80 hours in any consecutive 12-month period;

(B) FLSA-exempt time off shall be forfeited if not used by the end of the leave year following the leave year in which it was earned; and

(C) FLSA-exempt time off not used at the time of an employee’s separation from service shall not be included in any form of leave payment.

(2) The Mayor, subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this subsection.


(Mar. 3, 1979, D.C. Law 2-139, § 1103, 25 DCR 5740; Sept. 16, 1980, D.C. Law 3-101, § 2, 27 DCR 3628; Mar. 4, 1981, D.C. Law 3-130, § 2(b), 28 DCR 277; Mar. 16, 1982, D.C. Law 4-78, § 8(a), 29 DCR 49; Mar. 13, 1985, D.C. Law 5-140, § 2, 31 DCR 5755; Oct. 5, 1985, D.C. Law 6-43, § 2(a), 32 DCR 4484; July 24, 1986, D.C. Law 6-126, § 2, 33 DCR 3211; July 24, 1986, D.C. Law 6-127, § 2, 33 DCR 3213; Sept. 13, 1986, D.C. Law 6-142, § 2, 33 DCR 4369; Mar. 2, 1991, D.C. Law 8-190, § 2(a), 37 DCR 6721; July 13, 1991, D.C. Law 9-12, § 2(a), 38 DCR 3376; Nov. 25, 1993, D.C. Law 10-65, § 201, 40 DCR 7351; July 23, 1994, D.C. Law 10-136, § 5, 41 DCR 3006; Sept. 22, 1994, D.C. Law 10-172, § 2, 41 DCR 5152; May 16, 1995, D.C. Law 10-255,§ 2(a), 41 DCR 5193; June 10, 1998, D.C. Law 12-124, §§ 101(n)(2), 101(n)(3), 45 DCR 2464; Apr. 12, 2000. D.C. Law 13-91, § 103(o), 47 DCR 520; Oct. 3, 2001, D.C. Law 14-28, § 3702, 48 DCR 6981; Oct. 19, 2002, D.C. Law 14-213, § 3(h), (i), 49 DCR 8140; Dec. 7, 2004, D.C. Law 15-207, § 2, 51 DCR 8779; Mar. 26, 2008, D.C. Law 17-135, § 2(a), 55 DCR 1683; Sept. 24, 2010, D.C. Law 18-223, § 3022, 57 DCR 6242; Sept. 14, 2011, D.C. Law 19-21, § 3012, 58 DCR 6226; Sept. 20, 2012, D.C. Law 19-168, § 3022, 59 DCR 8025; Dec. 24, 2013, D.C. Law 20-61, § 3052, 60 DCR 12472; Feb. 26, 2015, D.C. Law 20-155, § 3052, 61 DCR 9990; Mar. 10, 2015, D.C. Law 20-198, § 2(a), 61 DCR 12450; Oct. 22, 2015, D.C. Law 21-36, § 7025, 62 DCR 10905; June 30, 2016, D.C. Law 21-125, § 211, 63 DCR 4659; Apr. 15, 2017, D.C. Law 21-273, § 2, 64 DCR 949.)

Prior Codifications

1981 Ed., § 1-612.3.

1973 Ed., § 1-341.3.

Section 1002 of D.C. Law 20-155 provided for bonus and special pay limitations for fiscal year 2014.

Applicability of D.C. Law 20-155: Section 11001 of D.C. Law 20-155 provided that, except as otherwise provided, the act shall apply as of October 1, 2014.

Section References

This section is referenced in § 1-611.04, § 1-611.05, § 1-611.11, § 1-617.17, and § 1-711.

Effect of Amendments

D.C. Law 13-91, in the introductory portion of subsec. (a), inserted “Legal,”.

D.C. Law 14-28 added subsec. (f).

D.C. Law 14-213, in subsec. (a), substituted “Excepted, and the Management Supervisory Services” for “and the Excepted Services”; and repealed par (6) of subsec. (a).

D.C. Law 15-207, in the second sentence of subsec. (b), inserted “ 5 U.S.C. § 8331,” following “received by the reemployed individual pursuant to”.

D.C. Law 17-135 added subsec. (a)(7).

D.C. Law 18-223 rewrote subsec. (f)(2); and added subsec. (f)(4). Prior to amendment, subsec. (f)(2) read as follows: “(2) Uniformed members of the Fire and Emergency Medical Services Department at the rank of Assistant Fire Chief and above shall not receive overtime compensation for work performed in excess of 40 hours in an administrative workweek and in excess of 48 hours in a workweek for those uniformed members of the Fire and Emergency Medical Services Department at the rank of Assistant Fire Chief and above in the Firefighting Division.”

D.C. Law 19-21, in subsec. (f)(2)(B), substituted “For fiscal years 2011 and 2012” for “For fiscal year 2011”; and rewrote subsec. (f)(4), which formerly read:

“(4) For fiscal year 2011, no officer or member of the Fire and Emergency Medical Services Department who is authorized to receive overtime compensation under this subsection may earn overtime in excess of $20,000 in the fiscal year.”

The 2012 amendment by D.C. Law 19-168 substituted “fiscal years 2011, 2012, and 2013” for “fiscal years 2011 and 2012” in (f)(2)(B) and (f)(4)(A); and added (f)(4)(C).

The 2013 amendment by D.C. Law 20-61 rewrote (f)(2)(B); and substituted “2011, 2012, 2013, and 2014” for “2011, 2012, and 2013” in (f)(4)(A).

The 2015 amendment by D.C. Law 20-155 substituted “2011, 2012, 2013, 2014, and 2015” for “2011, 2012, 2013, and 2014” in (f)(2)(B) and (f)(4)(A); and substituted “$ 30,000” for “$ 20,000” in (f)(4)(A).

The 2015 amendment by D.C. Law 20-198 inserted the second sentence in (b).

The 2015 amendment by D.C. Law 21-36 designated the existing text of (f)(4)(A) as (f)(4)(A)(i); in (f)(4)(A)(i), substituted “and 2014” for “2014, and 2015” and substituted “$ 20,000” for “$ 30,000”; and added (f)(4)(A)(ii).

Cross References

Retirement board members, exemptions, see § 1-711.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2 of Metropolitan Police Department Officer Retention and Recruitment Incentives Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-420, June 23, 2016, 63 DCR 9008).

For temporary amendment of section, § 2 of the Comprehensive Merit Personnel Act Annuity Offset Emergency Amendment Act of 1997 (D.C. Act 12-123, August 1, 1997, 44 DCR 4652), and § 2 of the Comprehensive Merit Personnel Act Annuity Offset Legislative Review Emergency Amendment Act of 1997 (D.C. Act 12-183, October 30, 1997, 44 DCR 6958).

For temporary amendment of section, see § 2(a) of the Comprehensive Merit Personnel Act Pay Limit Emergency Amendment Act of 1997 (D.C. Act 12-115, July 18, 1997, 44 DCR 4501), § 2(a) of the Comprehensive Merit Personnel Act Pay Limit Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-179, October 30, 1997, 44 DCR 6948), and § 2(a) of the Comprehensive Merit Personnel Act Pay Limit Emergency Amendment Act of 1998 (D.C. Act 12-378, June 5, 1998, 45 DCR 4465).

For temporary addition of section, see § 2(b) of the Comprehensive Merit Personnel Act Pay Limit Emergency Amendment Act of 1997 (D.C. Act 12-115, July 18, 1997, 44 DCR 4501), § 2(b) of the Comprehensive Merit Personnel Act Pay Limit Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-179, October 30, 1997, 44 DCR 6948), and § 2(b) of the Comprehensive Merit Personnel Act Pay Limit Emergency Amendment Act of 1998 (D.C. Act 12-378, June 5, 1998, 45 DCR 4465).

For temporary (90-day) amendment of section, see § 2(e) of the Legal Services Clarification and Technical Emergency Amendment Act of 1999 (D.C. Act 13-203, December 8, 1999, 46 DCR 10456).

For temporary (90-day) amendment of section, see § 2(e) of the Legal Services Clarification and Technical Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-293, March 7, 2000, 47 DCR 2063).

For temporary (90 day) amendment of section, see §§ 2 and 3 of Police and Fire Senior Management Overtime Emergency Amendment Act of 2001 (D.C. Act 14-84, July 9, 2001, 48 DCR 6371).

For temporary (90 day) amendment of section, see §§ 2(a) and 3 of Operation Enduring Freedom Active Duty Pay Differential Emergency Amendment Act of 2001 (D.C. Act 14-225, January 8, 2002, 49 DCR 664).

For temporary (90 day) amendment of section, see § 2(a) of Operation Enduring Freedom Active Duty Pay Differential Extension Emergency Act of 2002 (D.C. Act 14-498, October 23, 2002, 49 DCR 9795).

For temporary (90 day) amendment of section, see § 2(a) of Operation Enduring Freedom Active Duty Pay Differential Extension Congressional Review Emergency Act of 2003 (D.C. Act 15-16, February 24, 2003, 50 DCR 1944).

For temporary (90 day) amendment of section, see § 2(a) of Operation Enduring Freedom and Iraqi Freedom Active Duty Pay Differential Extension Emergency Amendment Act of 2003 (D.C. Act 15-74, April 16, 2003, 50 DCR 3619).

For temporary (90 day) amendment of section, see § 2(a) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-131, July 29, 2003, 50 DCR 6845).

For temporary (90 day) amendment of section, see § 2(a) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Emergency Amendment Act of 2004 (D.C. Act 15-357, February 19, 2004, 51 DCR 2574).

For temporary (90 day) amendment of section, see § 2 of District Government Reemployed Annuitant Offset Alternative Emergency Amendment Act of 2004 (D.C. Act 15-623, November 30, 2004, 52 DCR 1123).

For temporary (90 day) amendment of section, see § 2(a) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Second Emergency Amendment Act of 2004 (D.C. Act 15-646, December 29, 2004, 52 DCR 233).

For temporary (90 day) amendment of section, see § 2 of District Government Reemployed Annuitant Offset Alternative Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-44, February 22, 2005, 52 DCR 3051).

For temporary (90 day) amendment of section, see § 2(a) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-57, March 17, 2005, 52 DCR 3180).

For temporary (90 day) amendment of section, see § 2(a) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Emergency Amendment Act of 2005 (D.C. Act 16-205, November 17, 2005, 52 DCR 10522).

For temporary (90 day) amendment of section, see § 2(a) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-298, February 27, 2006, 53 DCR 1877).

For temporary (90 day) amendment of section, see § 2(a) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Emergency Amendment Act of 2006 (D.C. Act 16-516, October 25, 2006, 53 DCR 9099).

For temporary (90 day) amendment of section, see § 2(a) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-2, January 16, 2007, 54 DCR 1436).

For temporary (90 day) amendment of section, see § 2(a) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Emergency Amendment Act of 2007 (D.C. Act 17-143, October 17, 2007, 54 DCR 10745).

For temporary (90 day) addition, see § 1281 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) amendment of section 1281 of Fiscal Year 2010 Budget Support Act of 2009 and Fiscal Year 2010 Budget Support Second Emergency Act of 2009, see §§ 2, 3 of Retirement Incentive Emergency Amendment Act of 2009 (D.C. Act 18-254, December 22, 2009, 57 DCR 40).

For temporary (90 day) amendment of section, see § 1281 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

For temporary (90 day) addition of section, see § 2 of Bonus and Special Pay Clarification Emergency Amendment Act of 2010 (D.C. Act 18-364, April 2, 2010, 57 DCR 3164).

For temporary (90 day) amendment of section, see § 3022 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) amendment of § 1026 and addition of § 1143 of D.C. Law 18-223, see § 112 of Fiscal Year 2011 Supplemental Budget Support Emergency Act of 2010 (D.C. Act 18-694, January 19, 2011, 58 DCR 662).

For temporary (90 days) bonus and special pay limitation, see § 1002 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) bonus and special pay limitation, see § 1002 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

For temporary (90 days) amendment of this section, see the first § 3062 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) amendment of this section, see § 3052 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

For temporary (90 days) bonus and special pay limitation, see § 1002 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) amendment of this section, see § 3052 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) bonus and special pay limitation, see § 1002 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) amendment of this section, see § 3052 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) amendment of this section, as amended by D.C. Law 20-155, § 3052(b), see § 2(e) of the Fiscal Year 2015 Budget Support Clarification Emergency Act of 2014 (D.C. Act 20-461, November 6, 2014, 61 DCR 11784, 20 STAT 4368).

For temporary (90 days) bonus and special pay limitation, see § 1002 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).

For temporary (90 days) amendment of this section, see § 3052 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).

For temporary (90 days) amendment of this section, see § 2(e) of the Fiscal Year 2015 Budget Support Clarification Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-587, January 13, 2015, 62 DCR 1294, 21 STAT 758).

For temporary (90 days) amendment of this section, see §§ 1002(a) and 7016(d) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

For temporary (90 days) amendment of this section, see § 2 of the Metropolitan Police Department Officer Retention and Recruitment Incentives Emergency Amendment Act of 2016 (D.C. Act 21-332, Mar. 17, 2016, 63 DCR 4304).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(a) of Comprehensive Merit Personnel Act Pay Limit Temporary Amendment Act of 1997 (D.C. Law 12-36, October 23, 1997, law notification 44 DCR 6554).

For temporary (225 day) amendment of section, see § 2 of Comprehensive Merit Personnel Act Annuity Offset Temporary Amendment Act of 1997 (D.C. Law 12-46, February 26, 1998, law notification 45 DCR 1507).

For temporary (225 day) amendment of section, see § 2(a) of Operation Enduring Freedom Active Duty Pay Differential Temporary Amendment Act of 2002 (D.C. Law 14-113, April 13, 2002, law notification 49 DCR 4061).

For temporary (225 day) amendment of section, see § 2(a) of Operation Enduring Freedom Active Duty Pay Differential Extension Temporary Act of 2002 (D.C. Law 14-247, March 25, 2003, law notification 50 DCR 2760).

For temporary (225 day) amendment of section, see § 2(a) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Temporary Amendment Act of 2003 (D.C. Law 15-23, July 22, 2003, law notification 50 DCR 6093).

For temporary (225 day) amendment of section, see § 2(a) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Temporary Amendment Act of 2004 (D.C. Law 15-158, May 18, 2004, law notification 51 DCR 5698).

For temporary (225 day) amendment of section, see § 2 of District Government Reemployed Annuitant Offset Alternative Temporary Amendment Act of 2004 (D.C. Law 15-317, April 8, 2005, law notification 52 DCR 4706).

For temporary (225 day) amendment of section, see § 2(a) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Second Temporary Act of 2004 (D.C. Law 15-323, April 8, 2005, law notification 52 DCR 4712).

Section 2(a) of D.C. Law 16-64 added par. (a)(7) to read as follows:

Section 4(b) of D.C. Law 16-64 provided that the act shall expire after 225 days of its having taken effect.

Section 2(a) of D.C. Law 16-299 added a new par. (7) to subsec. (a) to read as follows:

“(B) The Mayor shall issue rules within 30 days of July 22, 2003 to implement the provisions of this paragraph.”

Section 4(b) of D.C. Law 16-299 provided that the act shall expire after 225 days of its having taken effect.

Section 2(a) of D.C. Law 17-101 added subsec. (a)(7) to read as follows:

“(7)(A) Any full-time permanent, term, or TAPER District government employee who serves in a reserve component of the United States Armed Forces and who has been or will be called to active duty as a result of Operation Enduring Freedom, or in preparation for or as a result of Operation Iraqi Freedom, shall receive, upon application and approval, an amount that equals the difference in compensation between the employee’s District government basic pay and the employee’s basic military pay. This amount shall not be considered as basic pay for any purpose. This amount shall be paid for any period following the formal inception of Operation Enduring Freedom in 2001, any period following the beginning of the preparation for Operation Iraqi Freedom in 2002 and 2003, or for any period following the formal inception of Operation Iraqi Freedom in 2003, during which the employee is carried in a non-pay status, from the time the employee is called to active duty until the employee is released from active duty occasioned by any of these military conflicts.

“(B) The Mayor shall issue rules to implement the provisions of this paragraph.”

Section 5(b) of D.C. Law 17-101 provided that the act shall expire after 225 days of its having taken effect.

Section 2 of D.C. Law 18-122 amended section 1281 of D.C. Law 18-111 to read as follows:

“Sec. 1281. For fiscal year 2010, no funds shall be used to support the categories of special awards pay (comptroller subcategory 0137) or bonus pay (comptroller subcategory 0138); provided, that funds may be used to provide incentive awards under section 1901 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-619.01).”.

Section 4(b) of D.C. Law 18-122 provided that the act shall expire after 225 days of its having taken effect.

Section 2 of D.C. Law 18-187 amended section 1281 of D.C. Law 18-111 to read as follows:

“Sec. 1281. Restrictions on special awards pay or bonus pay.

“(a) For Fiscal Year 2010, no funds shall be used to support the categories of special awards pay or bonus pay; provided, that funds may be used to pay:

“(1) Retirement awards;

“(2) Hiring bonuses for difficult-to-fill positions;

“(3) Additional income allowances for difficult-to-fill positions;

“(4) Agency awards or bonuses funded by private grants or donations;

“(5) Safe driving awards;

“(6) Suggestion/invention awards; or

“(7) Any other award/bonus authorized by an existing contract or collective bargaining agreement that was entered into prior to the effective date of this subtitle.

“(b) No special awards pay or bonus pay shall be paid to a subordinate agency head or an assistant or deputy agency head under this section unless required by an existing contract that was entered into prior to the effective date of this subtitle.”.

Section 4(b) of D.C. Law 18-187 provided that the act shall expire after 225 days of its having taken effect.

For temporary (225 day) addition, see § 2(b) of Comprehensive Merit Personnel Act Pay Limit Temporary Amendment Act of 1997 (D.C. Law 12-36, October 23, 1997, law notification 44 DCR 6554).

Section 2(b) of D.C. Law 12-36 was amended by § 61 of D.C. Law 12-81.

For temporary (225 days) amendment of this section, see § 2(e) of the Fiscal Year 2015 Budget Support Clarification Temporary Amendment Act of 2014 (D.C. Law 20-179, March 7, 2015, 62 DCR 424).

Short Title

Short title: Section 1001 of D.C. Law 19-21 provided that subtitle A of title I of the act may be cited as “Bonus and Special Pay Limitation Act of 2011”.

Short title: Section 1021 of D.C. Law 18-223 provided that subtitle C of title I of the act may be cited as the “Within-Grade Salary Increases, Cost-of-Living Adjustments, and Salary and Benefits Schedules Act of 2010”.

Short title: Section 1141 of D.C. Law 18-223 provided that subtitle O of title I of the act may be cited as the “Bonus and Special Pay Limitation Act of 2010”.

Short title: Section 3011 of D.C. Law 19-21 provided that subtitle B of title III of the act may be cited as “FEMS Overtime Limitation Amendment Act of 2011”.

Section 1001 of D.C. Law 20-61 provided that Subtitle A of Title I of the act may be cited as the “Bonus and Special Pay Limitation Act of 2013”.

Section 3051 of D.C. Law 20-61 provided that Subtitle F of Title III of the act may be cited as the “Fire and Emergency Medical Services Overtime Limitation Amendment Act of 2013”.

References in Text

The “Retired Police Officer Public Schools Security Personnel Deployment Amendment Act of 1994”, referred to in (b), is D.C. Law 10-136, which is codified as this section, § 5-762, and § 5-723, and in notes to § 5-762 and this section.

Effective Dates

Section 10 of D.C. Law 4-78 provided that the amendment effected by § 8(a) shall be deemed to have taken effect on October 1, 1981, and no employee affected by subsection (a)(2), as amended by the act, shall suffer a reduction in pay.

Editor's Notes

Sections 1022 to 1027 of D.C. Law 18-223, as amended by section 112(a) of D.C. Law 18-370, provided:

“Sec. 1022. Definitions.

“For the purposes of this subtitle, the term:

“(1) ‘Agency’ means an agency, office, or instrumentality of the District government, including independent agencies and subordinate agencies, as such terms are defined in section 301(13) and (17) of the CMPA.

“(2) ‘CMPA’ means the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-601.01 et seq.).

“(3) ‘Negotiated salary schedule’ means a salary schedule specified in a collective bargaining agreement.

“(4) ‘Negotiated salary, wage, and benefits provision’ means the salary and benefits provided in a collective bargaining agreement.

“(5) ‘Personnel authority’ means an individual with the authority to administer all or part of a personnel management program as provided in sections 301(14) and 406 of the CMPA.

“(6) ’Within-grade salary increase’ means the advancement of an employee’s basic rate of pay to the next higher step or other increment within the same grade, class, or pay level based on quality or length of service, or both, without regard to whether the term ‘within-grade salary increase’ or another term is used to describe the advancement within the applicable compensation law or rule.

“Sec. 1023. Freeze of within-grade salary increases and cost-of-living adjustments.

“(a) Notwithstanding any other provision of law, rule, or collective bargaining agreement, an employee of an agency shall not receive a within-grade salary increase or a cost-of-living adjustment during the period from October 1, 2010, through September 30, 2011.

“(b) Time in a pay or non-pay status during the period from October 1, 2010 through September 30, 2011, shall not be considered creditable service for the purpose of computing an employee’s length of service or waiting period for a within-grade salary increase under Title XI of the CMPA or other applicable law or rule.

“Sec. 1024. Maintenance of fiscal year 2010 salary schedules and benefits in fiscal year 2011.

“Notwithstanding any other provision of law, collective bargaining agreement, memorandum of understanding, side letter, or settlement, whether specifically outlined or incorporated by reference, all fiscal year 2010 salary schedules shall be maintained during fiscal year 2011, and no increase in salary or benefits, including increases in negotiated salary, wage, and benefits provisions and negotiated salary schedules, shall be provided in fiscal year 2011 from the fiscal year 2010 salary and benefits levels.

“Sec. 1025. Application to certain employees of the District of Columbia Public Schools.

“(a) Sections 1023 and 1024 shall not apply to employees of the District of Columbia Public Schools who are based at a local school or provide direct services to individual students if the Council approves a collective bargaining agreement between The Washington Teachers’ Union, Local #6 of the American Federation of Teachers, and the District of Columbia Public Schools for the period October 1, 2007 through September 30, 2012.

“(b) Notwithstanding any other provision of law, no restriction on the use of funds to support the categories of special awards pay (comptroller subcategory 0137) or bonus pay (comptroller subcategory 0138) shall apply in fiscal year 2010 or fiscal year 2011 to employees of the District of Columbia Public Schools who are based at a local school or who provide direct services to individual students if the Council approves a collective bargaining agreement between The Washington Teachers’ Union, Local #6 of the American Federation of Teachers, and the District of Columbia Public Schools for the period October 1, 2007 through September 30, 2012.

“(c) This section shall apply subject to the certification of the availability of funding by the Chief Financial Officer.

“Sec. 1026. Application to the Metropolitan Police Department and the Fire and Emergency Medical Services Department.

“Sections 1023 and 1024 shall not apply to employees of the Metropolitan Police Department, the Fire and Emergency Medical Services Department, and the University of the District of Columbia.

“Sec. 1027. Rules.

“To the extent authorized by the CMPA or other applicable law or rule, each personnel authority may issue rules to implement this subtitle.”

Section 1141 of D.C. Law 18-223 provided that subtitle O of title I of the act may be cited as the ‘Bonus and Special Pay Limitation Act of 2010‘.

Section 1142 of D.C. Law 18-223 provided:

“Sec. 1142. Bonus and special pay limitations.

“(a) For fiscal year 2011, no funds shall be used to support the categories of special awards pay or bonus pay; provided, that funds may be used to pay:

“(1) Retirement awards;

“(2) Hiring bonuses for difficult-to-fill positions;

“(3) Additional income allowances for difficult-to-fill positions;

“(4) Agency awards or bonuses funded by private grants or donations;

“(5) Safe driving awards;

“(6) Suggestion/invention awards; or

“(7) Any other award/bonus required by an existing contract or collective bargaining agreement that was entered into prior to the effective date of this subtitle September 24, 2010.”

“(b) No special awards pay or bonus pay shall be paid to a subordinate agency head or an assistant or deputy agency head unless required by an existing contract that was entered into prior to the effective date of this subtitle.”

Section 112(b) of D.C. Law 18-370 added section 1143 of D.C. Law 18-223 to read as follows:

“Sec. 1143. Exemption. Section 1142 shall not apply to employees of the University of the District of Columbia.”.

Section 1002 of D.C. Law 19-21 provided:

“Sec. 1002. Bonus and special pay limitations.

“(a) For fiscal year 2012, no funds shall be used to support the categories of special awards pay or bonus pay; provided, that funds may be used to pay:

“(1) Retirement awards;

“(2) Hiring bonuses for difficult-to-fill positions;

“(3) Additional income allowances for difficult-to-fill positions;

“(4) Agency awards or bonuses funded by private grants or donations;

“(5) Safe driving awards;

“(6) Suggestion/invention awards; or

“(7) Any other award/bonus required by an existing contract or collective bargaining agreement that was entered into prior to October 1, 2010.

“(b) For fiscal year 2012, no special awards pay or bonus pay shall be paid to a subordinate agency head or an assistant or deputy agency head unless required by an existing contract that was entered into prior to October 1, 2010.

“(c) Notwithstanding any other provision of law, no restrictions on the use of funds to support the categories of special awards pay (comptroller subcategory 0137) or bonus pay (comptroller subcategory 0138) shall apply in fiscal year 2012 to employees of the District of Columbia Public Schools who are based at a local school or who provide direct services to individual students.”

Section 1002 of D.C. Law 19-168 provided:

“Bonus and special pay limitations. (a) For fiscal year 2013, no funds shall be used to support the categories of special awards pay or bonus pay; provided, that funds may be used for:

“(1) Retirement awards;

“(2) Hiring bonuses for difficult-to-fill positions;

“(3) Additional income allowances for difficult-to-fill positions;

“(4) Agency awards or bonuses funded by private grants or donations;

“(5) Safe-driving awards;

“(6) Gainsharing incentives in the Department of Public Works;

“(7) Suggestion or invention awards; or

“(8) Any other award or bonus required by an existing contract or collective bargaining agreement that was entered into before the effective date of this subtitle.

“(b) For fiscal year 2013, no special awards pay or bonus pay shall be paid to a subordinate agency head or an assistant or deputy agency head unless required by a contract executed before the effective date of this subtitle.

“(c) Notwithstanding any other provision of law, no restrictions on the use of funds to support the categories of special awards pay (comptroller subcategory 0137) or bonus pay (comptroller subcategory 0138) shall apply in fiscal year 2013 to employees of the District of Columbia Public Schools who are based at a local school or who provide direct services to individual students.”

Section 1002 of D.C. Law 20-61 provided for bonus and special pay limitations for fiscal year 2014.

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.

Section 1002 of D.C. Law 20-155 provided for bonus and special pay limitations for fiscal year 2015.

Section 1002 of D.C. Law D.C. Law 21-36 provided for bonus and special pay limitations for fiscal year 2016.

Applicability of D.C. Law 21-36: Section 10001 of D.C. Law 21-36 provided that, except as otherwise provided, the act shall apply as of October 1, 2015.

Resolutions

Resolution 17-903, the “Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Rulemaking Approval Resolution of 2008”, was approved effective December 16, 2008.


§ 1–611.04. Compensation system for Career and Excepted Services — Established.

(a) The Mayor shall develop, in consultation with the Board of Education and the Board of Trustees of the University of the District of Columbia, a new compensation system for all employees in the Career, Legal, Excepted, and Management Supervisory Services. Any comments that the Board of Education or the Board of Trustees of the University of the District of Columbia wish to make on the proposed system shall be presented along with the proposed pay system submitted by the Mayor.

(b) This new system shall include, but need not be limited to, provisions for basic pay, pay increases based on quality and length of service, premium pay, allowances, and severance pay.

(c) The Mayor shall provide for appropriate consultations with employee organizations in the development of the new compensation system for Career Service employees.

(d) The Mayor shall submit any proposed new compensation system to the Council for approval under the provisions of § 1-611.06. The submission shall include proposed dates on which the new compensation system shall become effective.

(e) Until such time as a new compensation system is approved, the compensation system, including the salary and pay schedules, in effect on December 31, 1979, shall continue in effect: Provided, that pay adjustments shall be made in accordance with the policy stated in § 1-611.03.

(e-1) Until such time as the Metropolitan Police Department Excepted Service Sworn Employees’ Compensation System is established, the Mayor may develop a pay schedule, to be limited to no more than 10 excepted service sworn employees, for Metropolitan Police Department Excepted Service sworn employees and submit it to the Council for approval in accordance with § 1-611.06.

(f) For the purpose of subsections (a) through (d) of this section, the term compensation system shall not include salary or pay schedules.

(g) An employee who is under indictment or who is charged by information with or who has been convicted of a felony related to his or her employment duties shall not be eligible for benefits under an Easy Out, Early Out, or similar Retirement Incentive Program; provided, that any employee who is ultimately acquitted or cleared of any charge which caused his ineligibility shall be eligible for all benefits as if that employee has never been indicted for or charged by information with a felony.

(h) For the purposes of this subchapter, the term “felony” means an offense that is punishable by a term of imprisonment that exceeds one year.


(Mar. 3, 1979, D.C. Law 2-139, § 1104, 25 DCR 5740; Mar. 4, 1981, D.C. Law 3-130, § 2(c), 28 DCR 277; Feb. 24, 1987, D.C. Law 6-177, § 3(m), 33 DCR 7241; Mar. 15, 1990, D.C. Law 8-94, § 2(a), 37 DCR 782; May 24, 1996, D.C. Law 11-122, § 2, 43 DCR 1540; Aug. 1, 1996, D.C. Law 11-152, § 302(l), 43 DCR 2978; Sept. 10, 1999, D.C. Law 13-27, § 2(a), 46 DCR 5315; Apr. 12, 2000. D.C. Law 13-91, § 103(p), 47 DCR 520; Oct. 19, 2002, D.C. Law 14-213, § 3(j), 49 DCR 8140.)

Prior Codifications

1981 Ed., § 1-612.4.

1973 Ed., § 1-341.4.

Section References

This section is referenced in § 1-602.02, § 1-603.01, and § 1-611.06.

Effect of Amendments

D.C. Law 13-27 inserted subsec. (e-1).

D.C. Law 13-91, in subsec. (a), in the first sentence, inserted “Legal,”.

D.C. Law 14-213, in subsec. (a), substituted “Excepted, and Management Supervisory Services” for “and Excepted Services”.

Emergency Legislation

For temporary (90-day) amendment of section, see § 2(f) of the Legal Services Clarification and Technical Emergency Amendment Act of 1999 (D.C. Act 13-203, December 8, 1999, 46 DCR 10456).

For temporary (90-day) amendment of section, see § 2(f) of the Legal Services Clarification and Technical Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-293, March 7, 2000, 47 DCR 2063).

For temporary (90-day) amendment of section, see §§ 302 and 303 of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).

For temporary (90 day) amendment of section, see §§ 302, 303 and 305 of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).

Temporary Legislation

For temporary (225 day) additions, see §§ 2, 3 of Retirement Incentive Temporary Act of 2000 (D.C. Law 13-162, October 4, 2000, law notification 47 DCR 8609).

Editor's Notes

Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.

Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.

Disapproval of new compensation system for employees in Career and Excepted Services: Pursuant to Resolution 7-345, the “Establishment of the New Compensation System for Employees in the Career and Excepted Services Disapproval Resolution of 1988”, effective November 15, 1988, the Council disapproved the Career and Excepted Services Compensation System submitted to Council by the Mayor on September 21, 1988.

District of Columbia Government Comprehensive Merit Personnel Act of 1978 Compensation System Changes Emergency Approval Resolution of 1991: Pursuant to Resolution 9-109, effective October 4, 1991, the Council approved, on an emergency basis, changes to the compensation system to authorize the Mayor to establish a retirement incentive program for certain District government employees.

Fiscal Year 1995 Spending Reduction Approval Emergency Resolution of 1995: Pursuant to Resolution 11-21, effective February 7, 1995, the Council approved, on an emergency basis, changes to the Career and Excepted Service compensation system to authorize the Mayor to extend the retirement incentive program for certain District government employees.

Sections 302, 303, and 305 of D.C. Law 13-172 provided:

“Sec. 302. Easy out retirement incentive.

“(a) Notwithstanding section 1106 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (’CMPA’) the Council adopts changes to the Career and Excepted Service compensation system under section 1104 of the CMPA, that authorize the Mayor to establish a retirement incentive program for certain District employees.

“(b) The changes to the compensation system are as follows:

“(1) The Mayor is authorized to establish an easy out retirement incentive program (’Easy Out Program’) which shall apply to eligible employees under the personnel authority of the Mayor, and employees of any other personnel authority that is under the pay authority of the Mayor if the personnel authority chooses to participate in the Easy Out Program.

“(2) The Easy Out Program may be implemented by the appropriate personnel authority at any time after the effective date of this act.

“(3) The Easy Out Program shall be limited to employees retiring under the optional retirement provisions of 5 U.S.C. § 8336(a), (b), or (f).

“(4) The Easy Out Program shall offer a retirement incentive of not more than 50% of an employee’s annual rate of basic pay from the employee’s salary or pay schedule which was in effect on April 9, 2000, not to exceed $25,000, to be paid within one year of the employee’s retirement.

“(5) Retirement incentive payments shall be prorated in the case of a part- time employee.

“(6) Retirement incentive payments shall not be considered basic pay for computing retirement entitlement, insurance entitlement, any category of premium pay entitlement, lump-sum leave, or any other entitlement that is computed on basic pay.

“(7) No incentive payment shall be paid to:

“(A) An employee retiring under the law enforcement or firefighter provisions of 5 U.S.C. § 8336(c), the discontinued service/involuntary retirement provisions of 5 U.S.C. § 8336(d)(1), or the disability retirement provisions of 5 U.S.C. § 8337;

“(B) An employee who is a reemployed annuitant under the provisions of 5 U.S.C. § 8344;

“(C) An employee who is in a critical position as defined by regulations promulgated by the Mayor;

“(D) An employee who is a sworn member of the Metropolitan Police Department or the Fire and Emergency Medical Services Department;

“(E) An employee who is under indictment or who is charged by information with or who has been convicted of a felony or who has been convicted after a plea of nolo contendere to a felony related to his or her employment duties; provided, that any employee who is ultimately acquitted or cleared of any charge that caused his or her ineligibility shall be eligible for all benefits as if that employee had never been indicted for or charged by information with a felony; or

“(F) An employee who, based on conduct related to his or her employment duties, has been convicted of a misdemeanor or who has plead guilty or has been convicted after a plea of nolo contendere to a misdemeanor; provided, that any employee who is ultimately acquitted or cleared of any charge that caused his or her ineligibility shall be eligible for all benefits as if that employee had never been charged with a misdemeanor.

“(8) For the purposes of paragraph (7)(E) of this subsection, the term ‘felony’ means an offense that is punishable by a term of imprisonment that exceeds one year or a fine of at least $1,000.

“(9) An employee who receives an incentive payment under the Easy Out Program shall not be eligible for reemployment with the District government for 5 years from the date of retirement, or hired or retained as a sole source consultant or personal services contractor for 5 years from the date of retirement.

“Sec. 303. Early out retirement incentive.

“(a) Notwithstanding section 1106 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (‘CMPA’), the Council adopts changes to the Career and Excepted Service compensation system under section 1104 of the CMPA, that authorize the Mayor to establish a retirement incentive program for certain District employees.

“(b) The changes to the compensation system are as follows:

“(1) The Mayor is authorized to establish an early out retirement incentive program (‘Early Out Program’) which shall apply to eligible employees under the personnel authority of the Mayor, and employees of any other personnel authority that is under the pay authority of the Mayor, if the personnel authority chooses to participate in the Early Out Program.

“(2) The Early Out Program may be implemented by the appropriate personnel authority at any time after the effective date of this act.

“(3) The Early Out Program shall be limited to employees retiring under the voluntary early out retirement provisions of 5 U.S.C. § 8336(d)(2).

“(4) The Early Out Program shall offer a retirement incentive of not more than 50% of an employee’s annual rate of basic pay from the employee’s salary or pay schedule which was in effect on April 9, 2000, not to exceed $25,000, to be paid within one year of the employee’s retirement.

“(5) Retirement incentive payments shall be prorated in the case of a part- time employee.

“(6) Retirement incentive payments shall not be considered basic pay for computing retirement entitlement, insurance entitlement, any category of premium pay entitlement, lump-sum leave, or any other entitlement that is computed on basic pay.

“(7) No incentive payment shall be paid to:

“(A) An employee retiring under the law enforcement or firefighter provisions of 5 U.S.C. § 8336(c), the discontinued service/involuntary retirement provisions of 5 U.S.C. § 8336(d)(1), or the disability retirement provisions of 5 U.S.C. § 8337;

“(B) An employee who is a reemployed annuitant under the provisions of 5 U.S.C. § 8344;

“(C) An employee who is in a critical position as defined by regulations promulgated by the Mayor;

“(D) An employee who is a sworn member of the Metropolitan Police Department or the Fire and Emergency Medical Services Department;

“(E) An employee who is under indictment or who is charged by information with or who has been convicted of a felony or who has been convicted after a plea of nolo contendere to a felony related to his or her employment duties; provided, that any employee who is ultimately acquitted or cleared of any charge that caused his or her ineligibility shall be eligible for all benefits as if that employee had never been indicted for or charged by information with a felony; or

“(F) An employee who, based on conduct related to his or her employment duties, has been convicted of a misdemeanor or who has plead guilty or has been convicted after a plea of nolo contendere to a misdemeanor; provided, that any employee who is ultimately acquitted or cleared of any charge that caused his or her ineligibility shall be eligible for all benefits as if that employee had never been charged with a misdemeanor.

“(8) For the purposes of paragraph (7)(E) of this subsection, the term ‘felony’ means an offense that is punishable by a term of imprisonment that exceeds one year or a fine of a least $1,000.

“(9) An employee who receives an incentive payment under the Early Out Program shall not be eligible for reemployment with the District government for 5 years from the date of retirement, or hired or retained as a sole source consultant or personal services contractor for 5 years from the date of retirement.”

“Sec. 305. Sunset provision. This title shall expire on December 31, 2000.

Resolutions

Resolution 14-53, the “District of Columbia Government Comprehensive Merit Personnel Act of 1978 Recruitment and Retention Incentives for the Child and Family Services Agency Compensation System Changes Emergency Approval Resolution of 2001”, was approved effective March 6, 2001.

Resolution 16-219, the “Excepted Service Employees Compensation System Changes Approval Resolution of 2005”, was approved effective July 6, 2005.

Resolution 16-321, the “Career and Excepted Service Non-union Employees Compensation System Changes for Fire and Emergency Medical Services Department Non-bargaining Unit Battalion Chiefs, Deputy Chiefs, and Assistant Chiefs Approval Resolution of 2005”, was approved effective October 11, 2005.

Resolution 16-322, the “Career Service, Excepted Service, and Management Supervisory Service Non-bargaining Unit Employees Pay Equity Compensation System Changes Approval Resolution of 2005”, was approved effective October 11, 2005.


§ 1–611.05. Compensation system for Career and Excepted Services — Periodic review.

(a) The Mayor, in consultation with the Board of Education and the Board of Trustees of the University of the District of Columbia, shall provide for a periodic review of the basic compensation system, in order to improve the system and provide continuing conformity with the policy established by § 1-611.03.

(b) These reviews of compensation shall include, but need not be limited to, review of the adequacy of the rates of basic pay.

(c) The Mayor shall provide for appropriate consultations with employee organizations of employees under his or her jurisdiction in the periodic reviews of the compensation system(s).

(d) The Mayor, in consultation with the personnel authorities named in subsection (a) of this section, shall consider, on an annual basis, changes in the compensation system or systems and in the salary and pay schedules under such system or systems, and shall submit adjustments, if any, to the Council pursuant to § 1-611.06. The submission to the Council shall include proposed dates on which the adjustments shall become effective.

(e) If, because of economic conditions, the pendency of collective bargaining, or budgetary constraints due to limited appropriations or revenues, the Mayor should, in any year, consider it inappropriate to submit a proposed change, or to make the adjustment in the salary or pay schedules pursuant to subsection (d) of this section, an alternative plan may be submitted with respect to such changes or adjustments as the Mayor considers appropriate with a statement of the reasons therefor.

(f) Repealed.


(Mar. 3, 1979, D.C. Law 2-139, § 1105, 25 DCR 5740; Mar. 4, 1981, D.C. Law 3-130, § 2(d), 28 DCR 277; Feb. 24, 1987, D.C. Law 6-177, § 3(n), 33 DCR 7241; Mar. 15, 1990, D.C. Law 8-94, § 2(b), 37 DCR 782; Aug. 1, 1996, D.C. Law 11-152, § 302(m), 43 DCR 2978; Mar. 26, 1999, D.C. Law 12-175, § 2201, 45 DCR 7193.)

Prior Codifications

1981 Ed., § 1-612.5.

1973 Ed., § 1-341.5.

Section References

This section is referenced in § 1-611.06 and § 1-623.41.

Emergency Legislation

For temporary amendment of section, see § 2 of the Police Officer Pay Increase Emergency Amendment Act of 1997 (D.C. Act 12-142, July 18, 1997, 44 DCR 4369), and § 2 of the Police Officers Pay Increase Emergency Amendment Act of 1998 (D.C. Act 12-408, July 13, 1998, 45 DCR 4837).

For temporary amendment of section, see § 2 of the Department of Corrections Pay Increase Emergency Amendment Act of 1998 (D.C. Act 12-327, April 24, 1998, 45 DCR 2794).

For temporary amendment of section, see § 2 of the Career, Educational, and Excepted Service Nonunion Employees Salary Increase Emergency Amendment Act of 1998 (D.C. Act 12-377, June 5, 1998, 45 DCR 4463).

For temporary amendment of section, see § 2(b) of the Career and Excepted Services Nonunion Metropolitan Police Officers Salary Change and Excepted Service Positions Authorization Emergency Amendment Act of 1998 (D.C. Act 12-381, June 22, 1998, 45 DCR 4474).

For temporary amendment of section, see § 1801 of the Fiscal Year 1999 Budget Support Emergency Act of 1998 (D.C. Act 12-401, July 13, 1998, 45 DCR 4794), and § 1801 of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1998 (D.C. Act 12-564, January 12, 1999, 46 DCR 669).

For temporary (90-day) amendment of section, see § 1801 of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1999 (D.C. Act 13-41, March 31, 1999, 46 DCR 3446).

Editor's Notes

Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.

Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.

Metropolitan Police Department pay and benefit performance: Pursuant to §§ 2 and 3 of D.C. Law 6-145, the “Metropolitan Police Department Pay and Benefit Conformance Act of 1986”, effective September 13, 1986, the Council approved changes to the compensation system for Career and Executive Service employees not covered by collective bargaining.

Sections 2 and 3 of D.C. Law 6-128, effective July 24, 1986, had also approved changes to the compensation system for Career and Executive Service employees not covered by collective bargaining. Section 4(b) of D.C. Law 6-128 provided that the act shall expire on the 180th day of its having taken effect.

D.C. Fire Department Compensation and Salary Schedule Adjustment: Pursuant §§ 2-4 of D.C. Law 7-192, the “D.C. Fire Department Compensation System and Salary Schedule Adjustment Act of 1988”, effective March 6, 1989, the Council approved changes to the compensation system and salary schedule for uniformed members of the Fire Department of the District of Columbia not covered by collective bargaining.

Sections 2-4 of D.C. Law 7-196, effective March 16, 1989, had also approved changes to the compensation system and salary schedule for uniformed members of the Fire Department of the District of Columbia not covered by collective bargaining. Section 5(b) provided that the act shall expire on the 225th day of its having taken effect.

Approval of continued payment of the base retention differential and retentive incentive to non-union uniformed members of Police force and Fire Department: Pursuant to Resolution 8-255, the “Base Retention Differential & Retention Incentive Payment Continuation Emergency Resolution of 1990”, effective July 27, 1990, the Council approved the continued payment of the base retention differential and retention incentive to non-union uniformed members of the Police force and Fire Department who are receiving or establish eligibility to receive the base retention differential or retention incentive on or before October 6, 1990.


§ 1–611.06. Compensation system for Career and Excepted Services — Review by the Council of the District of Columbia.

(a) If the Council by resolution approves, without revision, the new compensation system or systems, or any later changes in such system or systems or in the salary or pay schedules under the system or systems proposed in accordance with § 1-611.04 or § 1-611.05, the schedules shall become effective on the dates specified in the schedule submitted by the Mayor as provided in subsection (d) of § 1-611.05. If the Council takes no action on the Mayor’s proposed change within 60 calendar days of the submission thereof, such change shall be deemed to have been approved by the Council on the day next following the expiration of this 60-day period. The 60 calendar days for Council review shall not include days that pass during a recess of the Council.

(b) If the Council revises the proposal, it shall return the proposal with its revisions to the Mayor. If the Mayor concurs in the revisions, the provisions of the compensation plan as revised shall become effective on the dates specified by the Council in the resolution revising the compensation plan, as provided in subsection (a) of this section.

(c) If the Mayor does not concur in any 1 or more of the revisions recommended by the Council, including the Council’s recommendation as to the dates on which the pay changes shall become effective, the Mayor shall return the revisions within 10 days to the Council, with a statement of the Mayor’s reasons for not concurring. If the Council, by a two-thirds vote of the members present and voting, adopts a resolution insisting upon any 1 or more of the original revisions, the Council shall return the proposal and the revisions upon which the Council insists to the Mayor within 10 days of the Council’s receipt of the Mayor’s statement of reasons for not concurring in the revisions recommended by the Council. If any revisions insisted upon by the Council, including the Council’s recommendation as to the dates on which the pay changes should become effective, shall result in a greater cost to the District government than the Mayor’s original proposal, the Council shall adopt an act to provide a source of funding to cover the increased cost. The pay provisions of the compensation plan so adopted shall become effective on the dates specified by the Council in the resolution revising the new compensation system. If the two-thirds vote does not prevail, or the Council does not act within 10 days of the Council’s receipt of the Mayor’s statement of reasons for not concurring in the revisions recommended by the Council, the Mayor’s original proposal, with the revisions proposed by the Council in which the Mayor has concurred, shall become effective. The 10 days for Council review shall not include Saturdays, Sundays, legal holidays, and days of Council recess.

(d) Retroactive pay is payable by reason of an increase in the salary or pay schedules under this section only where:

(1) The individual is in the service of the District of Columbia government on the date of final action by the Council on the increase; or

(2) The individual retired or died during the period beginning on the effective date of the increase and ending on the date of final action by the Council on the increase, and only for the services performed during that period.

(e) Repealed.

(f)(1) Persons newly hired by the District government may receive an initial rate of pay at any amount up to the midpoint of the grade or pay level for the position.

(2) The District government may pay new hires above the midpoint of the grade or pay level for that position only if the agency director or other appointing official explains the reasons justifying the salary in a memorandum that shall be filed in the employee’s official personnel folder.


(Mar. 3, 1979, D.C. Law 2-139, § 1106, 25 DCR 5740; Mar. 4, 1981, D.C. Law 3-130, § 2(e), 28 DCR 277; Aug. 1, 1985, D.C. Law 6-15, § 7(c), 32 DCR 3570; Mar. 15, 1990, D.C. Law 8-94, § 2(c), 37 DCR 782; Mar. 14, 2012, D.C. Law 19-115, § 2(h), 59 DCR 461.)

Prior Codifications

1981 Ed., § 1-612.6.

1973 Ed., § 1-341.6.

Section References

This section is referenced in § 1-608.58, § 1-609.03, § 1-611.04, § 1-611.05, and § 1-623.41.

Effect of Amendments

D.C. Law 19-115 added subsec. (f).

Emergency Legislation

For temporary authority of the Mayor to establish retirement incentive programs for certain employees subject to transfer to the Health and Hospitals Public Benefit Corporation, see § 403 of the Health and Hospitals Public Benefit Corporation Second Congressional Review Emergency Act of 1996 (D.C. Act 11-487, January 2, 1997, 44 DCR 634).

For temporary authority of the Mayor to establish a voluntary severance incentive program for certain employees subject to transfer to the Health and Hospitals Public Benefit Corporation, see § 404 of the Health and Hospitals Public Benefit Corporation Second Congressional Review Emergency Act of 1996 (D.C. Act 11-487, January 2, 1997, 44 DCR 634).

For temporary approval of proposed changes to the Career and Excepted Service compensation system and temporary authority of the Mayor to establish retirement incentive programs for certain employees, see § 403 of the Health and Hospitals Public Benefit Corporation Congressional Review Emergency Act of 1997 (D.C. Act 12-39, March 31, 1997, 44 DCR 2044).

For temporary approval of proposed changes to the Career and Excepted Service compensation system and temporary authorization of the Mayor to establish a voluntary severance incentive program for certain employees, see § 404 of the Health and Hospitals Public Benefit Corporation Congressional Review Emergency Act of 1997 (D.C. Act 12-39, March 31, 1997, 44 DCR 2044).

For temporary prohibition on re-employment with the District government, see § 405 of the Health and Hospitals Public Benefit Corporation Second Congressional Review Emergency Act of 1996 (D.C. Act 11-487, January 2, 1997, 44 DCR 634), and § 405 of the Health and Hospitals Public Benefit Corporation Congressional Review Emergency Act of 1997 (D.C. Act 12-39, March 31, 1997, 44 DCR 2044).

For temporary (90-day) amendment of section, see §§ 302 and 303 of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).

For temporary (90 day) amendment of section, see §§ 302, 303, and 305 of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).

For temporary (90 day) authorization of the retention of a former employee, who received a retirement incentive, under a personal services contract as an unemployment compensation claims examiner, see § 2 of Unemployment Compensation Services Emergency Amendment Act of 2001 (D.C. Act 14-216, December 21, 2001, 49 DCR 388).

For temporary (90 day) authorization of the retention of a former employee, who received a retirement incentive, under a personal services contract as an unemployment compensation claims examiner, see § 2 of Unemployment Compensation Services Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-299, March 25, 2002, 49 DCR 3382).

For temporary (90 day) authorization of the retention of a former employee who received a retirement incentive under a personal services contract as an unemployment claims examiner, see § 2 of Unemployment Compensation Services Emergency Act of 2002 (D.C. Act 14-566, December 23, 2002, 50 DCR 290).

For temporary (90 day) authorization of the retention of a former employee who received a retirement incentive under a personal services contract as an unemployment claims examiner, see § 2 of the Unemployment Compensation Program Services Congressional Review Emergency Act of 2003 (D.C. Act 15-34, March 24, 2003, 50 DCR 2566).

For temporary (90 day) amendment of section, see § 2 of District of Columbia Public Library Retirement Incentive Emergency Act of 2007 (D.C. Act 17-240, January 11, 2008, 55 DCR 2209).

For temporary (90 day) additions, see §§ 2 to 7 of Retirement Incentive Emergency Act of 2008 (D.C. Act 17-321, March 20, 2008, 55 DCR 3439).

Temporary Legislation

Section 2 of D.C. Law 17-134 provided as follows:

“(a) Notwithstanding section 1106 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-611.06) (‘CMPA’), the Council of the District of Columbia adopts changes to the compensation system for the Career, Excepted, Legal, and Management Supervisory Services under section 1104 of the CMPA, that authorize the Mayor to establish a retirement incentive program for certain District employees.

“(1) The Mayor is authorized to establish an easy out retirement incentive program (‘Easy Out Program’) for eligible District of Columbia Public Library (‘DCPL’) employees under its independent personnel authority and the pay authority of the Mayor. The Easy Out Program may be implemented by DCPL’s personnel authority during fiscal year 2008.

“(2) The Easy Out Program shall be limited to employees who are:

“(A) Retiring under the optional retirement provisions of 5 U.S.C. § 8336(a), (b), or (f); and

“(B) Who are eligible to retire with Social Security (minimum age 62).

“(3) The Easy Out Program shall offer a retirement incentive of $500 for each full year of creditable service towards retirement. The retirement incentive will be paid in a lump sum to be paid within fiscal year 2008.

“(4) Retirement incentive payments shall not be considered basic pay for computing retirement entitlement, insurance entitlement, any category of premium pay entitlement, lump-sum leave, or any other entitlement that is computed on basic pay.

“(5) No incentive pay shall be paid to:

“(A) An employee who retires under the discontinued service/involuntary retirement provisions of 5 U.S.C. § 8336(d)(1) of the Civil Service Retirement System, or the disability retirement provisions of 5 U.S.C. § 8337;

“(B) A person employed as a reemployed annuitant under the provisions of 5 U.S.C. § 8344 who separates from District service, whether or not he or she applies for a re-computation of his or her annuity;

“(C) An employee who is receiving disability compensation under Title XXIII of the CMPA who retires and who elects to remain on disability compensation in lieu of retirement annuity;

“(D) An employee serving under a time-limited appointment;

“(E) An employee who receives a proposal or a final decision notice of removal for cause;

“(F)(i) An employee who is under indictment or who is charged by information with or who has been convicted of a felony or who has been convicted after pleas of nolo contendere to a felony related to his or her employment duties; provided, that any employee who ultimately is acquitted or cleared of any charge that caused his or her ineligibility shall be eligible for all benefits as if that employee had never been indicted for or charged by information with a felony;

“(ii) For the purposes of sub-subparagraph (i) of this sub-subparagraph, the term ‘felony’ means an offense that is punishable by a term of imprisonment that exceeds one year or a fine of at least $1,000;

“(G) An employee who, based on conduct related to his or her employment duties, has been convicted of a misdemeanor or who has pled guilty or had been convicted after a plea of nolo contendere to a misdemeanor; provided, that any employee who is ultimately acquitted or cleared of any charge which caused his or her ineligibility shall be eligible for all benefits as if that employee had never been charged with a misdemeanor;

“(H) An employee who retires after the designated period for retirement, as applicable; and

“(I) An employee who has received written notice that his or her services are essential and are required by the agency until a specific date and who retires before the date cited in the notice.

“(6) An employee who receives an incentive payment under the Easy Out Program shall not be eligible for reemployment with the District government for 5 years from the date of retirement, or hired or retained as a sole source consultant or personal services contractor for 5 years from the date of retirement, unless he or she repays the incentive received if reemployed or hired or retained as a sole source consultant or personal services contractor before the end of the 5-year period.”

Section 4(b) of D.C. Law 17-134 provided that the act shall expire after 225 days of its having taken effect.

For temporary (225 day) additions, see §§ 2, 3 of Retirement Incentive Temporary Act of 2000 (D.C. Law 13-162, October 4, 2000, law notification 47 DCR 8609).

For temporary (225 day) additions, see § 2 of Unemployment Compensation Services Temporary Amendment Act of 2002 (D.C. Law 14-109, April 13, 2002, law notification 49 DCR 4057).

For temporary (225 day) additions, see § 2 of Unemployment Compensation Services Temporary Act of 2002 (D.C. Law 14-279, April 2, 2003, law notification 50 DCR 3378).

Sections 2 to 7 of D.C. Law 17-171 added sections to read as follows:

“Sec. 2. Easy out retirement incentive.

“(a) Notwithstanding section 1106 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-611.06) (‘CMPA’), the Council adopts changes to the compensation system for the Career, Excepted, Legal, and Management Supervisory Services under section 1104 of the CMPA, that authorize the Mayor to establish a retirement incentive program for certain District employees.

“(1) The Mayor is authorized to establish an easy out retirement incentive program (‘Easy Out Program’) which may apply to eligible employees under the personnel authority of the Mayor, and employees of any other personnel authority that is under the pay authority of the Mayor if the personnel authority chooses to participate in the Easy Out Program.

“(2) The Easy Out Program may be implemented by the appropriate personnel authority at any time during calendar year 2008 after the effective date of this act.

“(3) The Easy Out Program shall be limited to employees retiring under the retirement provisions of the Civil Service Retirement System (Chapter 83 of Title 5 of the U.S. Code), except an employee retiring under the discontinued service/involuntary retirement provisions of 5 U.S.C. § 8336(d)(1) or under the disability retirement provisions of 5 U.S.C. § 8337.

“(4) The Easy Out Program shall offer a retirement incentive of 50% of an employee’s annual rate of basic pay from the employee’s salary or pay schedule which was in effect on October 14, 2007, not to exceed $25,000.

“(7) No incentive pay shall be paid to:

“(A) An employee retiring under the discontinued service/involuntary retirement provisions of 5 U.S.C. § 8336(d)(1) or the disability retirement provisions of 5 U.S.C. § 8337;

“(D) An employee who is under indictment or who is charged by information with or who has been convicted of a felony or who has been convicted after a plea of nolo contendere to a felony related to his or her employment duties; provided, that any employee who ultimately is acquitted or cleared of any charge that caused his or her ineligibility shall be eligible for all benefits as if that employee had never been indicted for or charged by information with a felony;

“(9) An employee who receives an incentive payment under the Easy Out Program shall not be eligible for reemployment with the District government for 5 years from the date of retirement, or hired or retained as a sole source consultant or personal services contractor for 5 years from the date of retirement, unless he or she repays the incentive received if reemployed or hired or retained as a sole source consultant or personal services contractor before the end of the 5-year period.

“(10) Notwithstanding the provisions of paragraph (9) of this subsection, and on a case-by-case basis, the Director of the D.C. Department of Human Resources or independent personnel authority may waive repayment of the incentive; provided, that in the case of an emergency situation involving a direct threat to life or property, the person has knowledge, skills, or abilities directly related to resolving the emergency situation and will serve on a temporary basis not to exceed 60 days.

“Sec. 3. Early out retirement incentive.

“(a) Notwithstanding section 1106 of the CMPA, the Council adopts changes to the compensation system for the Career, Excepted, Legal, and Management Supervisory Services under section 1104 of the CMPA that authorize the Mayor to establish a retirement incentive program for certain District employees.

“(b) The changes to the compensation system are as follows:

“(1) The Mayor is authorized to establish an early out retirement incentive program (’Early Out Program’) which may apply to eligible employees under the personnel authority of the Mayor and employees of any other personnel authority that is under the pay authority of the Mayor if the personnel authority chooses to participate in the Early Out Program.

“(2) The Early Out Program may be implemented by the appropriate personnel authority at any time during calendar year 2008 after the effective date of this act.

“(3) The Early Out Program shall be limited to employees retiring under the early retirement provisions of 5 U.S.C. § 8414(b)(1)(B).

“(4) The Early Out Program shall offer a retirement incentive of 50% of an employee’s annual rate of basic pay from the employee’s salary or pay schedule which was in effect on October 14, 2007, not to exceed $25,000.

“(5) Retirement incentive payments shall be prorated in the case of a part-time employee.

“(6) Retirement incentive payments shall not be considered basic pay for computing retirement entitlement, insurance entitlement, any category of premium pay entitlement, lump-sum leave, or any other entitlement that is computed on basic pay.

“(7) No retirement incentive pay shall be paid under this section to:

“(A) An employee retiring under the law enforcement or firefighter provisions of 5 U.S.C. § 8336(c), the discontinued service/involuntary retirement provisions of 5 U.S.C. § 8336 (d)(1), or the disability retirement provisions of 5 U.S.C. § 8337;

“(B) An employee who is a reemployed annuitant under the provisions of 5 U.S.C. § 8344;

“(C) An employee who is in a critical position as defined by regulations promulgated by the Mayor;

“(D) An employee who is under the indictment or who is charged by information with or who has been convicted of a felony or who has been convicted after a plea of nolo contendere to a felony related to his or her employment duties; provided, that any employee who ultimately is acquitted or cleared of any charge that cause his or her ineligibility shall be eligible for all benefits as if that employee had never been indicted for or charged by information with a felony;

“(E) An employee who, based on conduct related to his or her employment duties, has been convicted of a misdemeanor or who has plead guilty or has been convicted after a plea of nolo contendere to a misdemeanor; provided, that any employee who is ultimately acquitted or cleared of any charge which caused his or her ineligibility shall be eligible for all benefits as if that employee had never been charged with a misdemeanor; or

“(F) An employee who is a sworn member of the Metropolitan Police Department or the Fire and Emergency Medical Services Department.

“(8) For the purposes of paragraph (7)(D) of this subsection, the term ‘felony’ means an offense that is punishable by a term of imprisonment that exceeds one year or a fine of at least $1,000.

“(9) An employee who receives an incentive payment under the Early Out Program shall not be eligible for reemployment with the District government for 5 years from the date of retirement, or hired or retained as a sole source consultant or personal services contractor for 5 years from the date of retirement, unless he or she repays the incentive if reemployed or rehired or retained as a sole source consultant or personal services contractor before the end of the 5-year period.

“(10) Notwithstanding the provisions of paragraph (9) of this subsection, and on a case-by-case basis, the Director of the D.C. Department of Human Resources or independent personnel authority may waive repayment of the incentive; provided, that in the case of an emergency situation involving a direct threat to life or property, the person has knowledge, skills, or abilities directly related to the resolving the emergency situation and will serve on a temporary basis not to exceed 60 days.

“Sec. 4. Retirement incentives for employees covered under other retirement systems.

“(a) Notwithstanding section 1106 of the CMPA (D.C. Official Code § 1-611.06), the Council of the District of Columbia adopts changes to the compensation system for the Career, Excepted, Legal, and Management Supervisory Services under section 1104 of the CMPA that authorize the Mayor to establish a retirement incentive program for the following employees:

“(1) Employees first employed by the District government after September 30, 1987 who have completed at least 5 years of creditable service with the District government, have vested under the Defined Contribution Plan as provided in section 2610 of the CMPA, and are separating from District government service after becoming entitled to retirement benefits under the Social Security Act; and

“(2) Employees retiring under any of the other District government retirement systems.

“(b) Retirement incentives under this section may be implemented by the appropriate personnel authority at any time during calendar year 2008 after the effective date of this act.

“(c) Retirement incentives under this section shall consist of 50% of an employee’s annual rate of basic pay from the employee’s salary or pay schedule which was in effect on October 14, 2007, not to exceed $25,000.

“(d) Retirement incentive payments shall be prorated in the case of a part-time employee.

“(e) Retirement incentive payments shall not be considered basic pay for computing retirement entitlement, insurance entitlement, any category of premium pay entitlement, lump-sum leave, or any other entitlement that is computed on basic pay.

“(f) No retirement incentive under this section shall be paid to:

“(1) An employee who is in a critical position as defined by regulations promulgated by the Mayor;

“(2) An employee who is under the indictment or who is charged by information with or who has been convicted of a felony or who has been convicted after a plea of nolo contendere to a felony related to his or her employment duties; provided, that any employee who ultimately is acquitted or cleared of any charge that cause his or her ineligibility shall be eligible for all benefits as if that employee had never been indicted for or charged by information with a felony;

“(3) An employee who, based on conduct related to his or her employment duties, has been convicted of a misdemeanor or who has plead guilty or has been convicted after a plea of nolo contendere to a misdemeanor; provided, that any employee who is ultimately acquitted or cleared of any charge which caused his or her ineligibility shall be eligible for all benefits as if that employee had never been charged with a misdemeanor; or

“(4) An employee who is a sworn member of the Metropolitan Police Department or the Fire and Emergency Medical Services Department.

“(g) For the purposes of paragraph (f)(2) of this section, the term ‘felony’ means an offense that is punishable by a term of imprisonment that exceeds one year or a fine of at least $1,000.

“(h) An employee who receives an incentive payment under this section shall not be eligible for reemployment with the District government for 5 years from the date of retirement, or hired or retained as a sole source consultant or personal services contractor for 5 years from the date of retirement, unless he or she repays the incentive if reemployed or rehired or retained as a sole source consultant or personal services contractor before the end of the 5-year period.

“(i) Notwithstanding the provisions of subsection (h) of this section, and on a case-by-case basis, the Director of the D.C. Department of Human Resources or independent personnel authority may waive repayment of the incentive; provided, that in the case of an emergency situation involving a direct threat to life or property, the person has knowledge, skills, or abilities directly related to the resolving the emergency situation and will serve on a temporary basis not to exceed 60 days.

“Sec. 5. Retention award. The Mayor shall issue rules to create and implement a Retention Award for Sustained Superior Performance for up to $25,000 for the remainder of the calendar year 2008.

“Sec. 6. Not an entitlement or private right of action. No provision of this act shall be construed to create an entitlement or private right of action on the part of any District government employee with respect to the easy out retirement incentive or early out retirement incentive.

“Sec. 7. Rules. The Mayor shall issue rules to implement the provisions of sections 2, 3, 4, and 5.”

Section 9(b) of D.C. Law 17-171 provided that the act shall expire after 225 days of its having taken effect.

Editor's Notes

Fiscal Year 1995 Spending Reduction Conditional Approval Emergency Resolution of 1994: Pursuant to Resolution 10-423, effective August 5, 1994, the Council approved, on an emergency basis, the proposed Easy Out and Early Out Retirement Incentive Programs for Career and Excepted Service Employees under the Mayor’s personnel authority and the District of Columbia General Hospital Operational and Financial Viability Plan.

Fiscal Year 1995 Spending Reduction Amendment Approval Emergency Resolution of 1994: Pursuant to Resolution 10-455, effective November 1, 1994, the Council approved, on an emergency basis, changes to the Career and Excepted Service compensation system to authorize the Mayor to extend the retirement incentive program for certain District government employees.

District Government Voluntary Severance Incentive Program Approval Emergency Resolution of 1994: Pursuant to Resolution 10-490, effective December 6, 1994, the Council approved, on an emergency basis, the proposed Voluntary Severance Incentive Program for Career and Excepted Service Employees.

Metropolitan Police Department pay and benefit performance: See Historical and Statutory Notes following § 1-611.05.

Optical and dental benefits: Section 401(a) of D.C. Law 11-52 provided that the optical and dental benefits for Career and Excepted Services employees not covered by collective bargaining, approved pursuant to Resolution 6-305, are reduced to a level that will allow maximum benefits to continue within available appropriations.

Section 401(b) of D.C. Law 11-52 provided that the Mayor shall renegotiate the optical and dental benefits contract to implement subsection (a) of this section.

Fiscal Year 1995 Spending Reduction Approval Emergency Resolution of 1995: Pursuant to Resolution 11-21, effective February 7, 1995, the Council approved, on an emergency basis, changes to the Career and Excepted Service compensation system to authorize the Mayor to extend the retirement incentive program for certain District government employees.

Contract Appeals Board Career and Excepted Service Compensation Approval Resolution of 1998: Pursuant to Resolution 12-396, effective March 3, 1998, the Council approved the compensation for the Contract Appeals Board Career and Excepted Services.

Office of Emergency Preparedness Executive Service Compensation Approval Resolution of 1998: Pursuant to Resolution 12-397, effective March 3, 1998, the Council approved the proposed compensation submitted by the Mayor for the Director of the Office of Emergency Preparedness.

Career and Excepted Service Employees Compensation System Changes for Fire Fighters Approval Emergency Resolution of 1998: Pursuant to Resolution 12-434, effective March 3, 1998, the Council approved, on an emergency basis, the proposed compensation system changes for uniformed members of the Fire and Emergency Medical Services Department not covered by collective bargaining.

Chief of the Metropolitan Police Department Salary Adjustment Approval Resolution of 1998: Pursuant to Resolution 12-471, effective April 21, 1998, the Council approved a salary adjustment for the Chief of the Metropolitan Police Department.

Career, Educational, and Excepted Service Nonunion Employee Emergency Compensation System Change Emergency Approval Resolution of 1998: Pursuant to Resolution 12-487, effective June 2, 1998, the Council approved, on an emergency basis, a compensation system change for Career, Educational, and Excepted Service nonunion employees.

Career and Excepted Services Compensation System Changes for Nonunion Officers and Members of the Metropolitan Police Department Emergency Approval Resolution of 1998: Pursuant to Resolution 12-506, effective May 19, 1998, the Council approved, on an emergency basis, the proposed Career and Excepted Services compensation system changes for nonunion officers and members of the Metropolitan Police Department.

Contract Appeals Board Career and Excepted Service Compensation Changes Approval Resolution of 1998: Pursuant to Resolution 12-583, effective July 7, 1998, the Council approved the proposed compensation submitted by the Mayor for Judge Jonathan D. Zischkau, Administrative Judge of the Contract Appeals Board.

Career and Expected Service Employees Compensation System Changes for Metropolitan Police Officers Emergency Approval Resolution of 1998: Pursuant to Resolution 12-558, effective June 16, 1998, the Council approved the Career and Expected Service Employees compensation system changes for the Metropolitan Police Officers.

Metropolitan Police Department Civilian Communications Supervisors Pay Increase Emergency Approval Resolution of 1998: Pursuant to Resolution 12-766, effective November 10, 1998, the Council approved, on an emergency basis, the proposed compensation changes for civilian employees of the District of Columbia Metropolitan Police Department Communications Division not covered by collective bargaining.

Career and Excepted Service Employees Compensation System Changes for Firefighters Emergency Approval Resolution of 1998: Pursuant to Resolution 12-778, effective November 10, 1998, the Council approved, on an emergency basis, the proposed compensation system changes for uniformed members of the Fire and Emergency Medical Services Department not covered by collective bargaining.

Career and Expected Services Compensation System Changes for Nonunion Employees of the Commission on Mental Health Services Emergency Approval Resolution of 1998: Pursuant to Resolution 12-840, effective December 15, 1998, the Council approved, on an emergency basis, the proposed compensation system changes for nonunion employees of the Commission on Mental Health Services.

Attorney Retention Allowance Compensation System Change for Attorneys in the Office of the Corporation Counsel Emergency Approval Resolution of 1998: Pursuant to Resolution 12-859, effective December 15, 1998, the Council approved, on an emergency basis, a compensation system change that authorizes the Mayor to establish and to pay an attorney retention allowance of up to 20% for series DS-905 attorneys in the Office of the Corporation Counsel.

Career and Expected Service Employees Compensation System Changes for DS-699 (Emergency Medical Technician, Intermediate Technician, and Paramedic) Employees Emergency Approval Resolution of Fiscal Year 1999: Pursuant to Resolution 12-846, effective December 15, 1998, the Council approved, on an emergency basis, the proposed compensation system changes for civilian employees in series DS-699 (Emergency Medical Technician, Intermediate Technician, and Paramedic) of the Fire and Emergency Medical Services Department not covered by collective bargaining.

Sections 302, 303, and 305 of D.C. Law 13-172 provided:

“Sec. 302. Easy out retirement incentive.

“(a) Notwithstanding section 1106 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (‘CMPA’) the Council adopts changes to the Career and Excepted Service compensation system under section 1104 of the CMPA, that authorize the Mayor to establish a retirement incentive program for certain District employees.

“(b) The changes to the compensation system are as follows:

“(1) The Mayor is authorized to establish an easy out retirement incentive program (‘Easy Out Program’) which shall apply to eligible employees under the personnel authority of the Mayor, and employees of any other personnel authority that is under the pay authority of the Mayor if the personnel authority chooses to participate in the Easy Out Program.

“(2) The Easy Out Program may be implemented by the appropriate personnel authority at any time after the effective date of this act.

“(3) The Easy Out Program shall be limited to employees retiring under the optional retirement provisions of 5 U.S.C. § 8336(a), (b), or (f).

“(4) The Easy Out Program shall offer a retirement incentive of not more than 50% of an employee’s annual rate of basic pay from the employee’s salary or pay schedule which was in effect on April 9, 2000, not to exceed $25,000, to be paid within one year of the employee’s retirement.

“(5) Retirement incentive payments shall be prorated in the case of a part- time employee.

“(6) Retirement incentive payments shall not be considered basic pay for computing retirement entitlement, insurance entitlement, any category of premium pay entitlement, lump-sum leave, or any other entitlement that is computed on basic pay.

“(7) No incentive payment shall be paid to:

“(A) An employee retiring under the law enforcement or firefighter provisions of 5 U.S.C. § 8336(c), the discontinued service/involuntary retirement provisions of 5 U.S.C. § 8336(d)(1), or the disability retirement provisions of 5 U.S.C. § 8337;

“(B) An employee who is a reemployed annuitant under the provisions of 5 U.S.C. § 8344;

“(C) An employee who is in a critical position as defined by regulations promulgated by the Mayor;

“(D) An employee who is a sworn member of the Metropolitan Police Department or the Fire and Emergency Medical Services Department;

“(E) An employee who is under indictment or who is charged by information with or who has been convicted of a felony or who has been convicted after a plea of nolo contendere to a felony related to his or her employment duties; provided, that any employee who is ultimately acquitted or cleared of any charge that caused his or her ineligibility shall be eligible for all benefits as if that employee had never been indicted for or charged by information with a felony; or

“(F) An employee who, based on conduct related to his or her employment duties, has been convicted of a misdemeanor or who has plead guilty or has been convicted after a plea of nolo contendere to a misdemeanor; provided, that any employee who is ultimately acquitted or cleared of any charge that caused his or her ineligibility shall be eligible for all benefits as if that employee had never been charged with a misdemeanor.

“(8) For the purposes of paragraph (7)(E) of this subsection, the term ‘felony’ means an offense that is punishable by a term of imprisonment that exceeds one year or a fine of at least $1,000.

“(9) An employee who receives an incentive payment under the Easy Out Program shall not be eligible for reemployment with the District government for 5 years from the date of retirement, or hired or retained as a sole source consultant or personal services contractor for 5 years from the date of retirement.

“Sec. 303. Early out retirement incentive.

“(a) Notwithstanding section 1106 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (‘CMPA’), the Council adopts changes to the Career and Excepted Service compensation system under section 1104 of the CMPA, that authorize the Mayor to establish a retirement incentive program for certain District employees.

“(b) The changes to the compensation system are as follows:

“(1) The Mayor is authorized to establish an early out retirement incentive program (‘Early Out Program’) which shall apply to eligible employees under the personnel authority of the Mayor, and employees of any other personnel authority that is under the pay authority of the Mayor, if the personnel authority chooses to participate in the Early Out Program.

“(2) The Early Out Program may be implemented by the appropriate personnel authority at any time after the effective date of this act.

“(3) The Early Out Program shall be limited to employees retiring under the voluntary early out retirement provisions of 5 U.S.C. § 8336(d)(2).

“(4) The Early Out Program shall offer a retirement incentive of not more than 50% of an employee’s annual rate of basic pay from the employee’s salary or pay schedule which was in effect on April 9, 2000, not to exceed $25,000, to be paid within one year of the employee’s retirement.

“(5) Retirement incentive payments shall be prorated in the case of a part- time employee.

“(6) Retirement incentive payments shall not be considered basic pay for computing retirement entitlement, insurance entitlement, any category of premium pay entitlement, lump-sum leave, or any other entitlement that is computed on basic pay.

“(7) No incentive payment shall be paid to:

“(A) An employee retiring under the law enforcement or firefighter provisions of 5 U.S.C. § 8336(c), the discontinued service/involuntary retirement provisions of 5 U.S.C. § 8336(d)(1), or the disability retirement provisions of 5 U.S.C. § 8337;

“(B) An employee who is a reemployed annuitant under the provisions of 5 U.S.C. § 8344;

“(C) An employee who is in a critical position as defined by regulations promulgated by the Mayor;

“(D) An employee who is a sworn member of the Metropolitan Police Department or the Fire and Emergency Medical Services Department;

“(E) An employee who is under indictment or who is charged by information with or who has been convicted of a felony or who has been convicted after a plea of nolo contendere to a felony related to his or her employment duties; provided, that any employee who is ultimately acquitted or cleared of any charge that caused his or her ineligibility shall be eligible for all benefits as if that employee had never been indicted for or charged by information with a felony; or

“(F) An employee who, based on conduct related to his or her employment duties, has been convicted of a misdemeanor or who has plead guilty or has been convicted after a plea of nolo contendere to a misdemeanor; provided, that any employee who is ultimately acquitted or cleared of any charge that caused his or her ineligibility shall be eligible for all benefits as if that employee had never been charged with a misdemeanor.

“(8) For the purposes of paragraph (7)(E) of this subsection, the term ‘felony’ means an offense that is punishable by a term of imprisonment that exceeds one year or a fine of a least $1,000.

“(9) An employee who receives an incentive payment under the Early Out Program shall not be eligible for reemployment with the District government for 5 years from the date of retirement, or hired or retained as a sole source consultant or personal services contractor for 5 years from the date of retirement.”

“Sec. 305. Sunset provision. This title shall expire on December 31, 2000.”

Resolutions

Resolution 16-219, the “Excepted Service Employees Compensation System Changes Approval Resolution of 2005”, was approved effective July 6, 2005.


§ 1–611.07. Executive pay plan. [Repealed]

Repealed.


(Mar. 3, 1979, D.C. Law 2-139, § 1107, 25 DCR 5740; Aug. 1, 1985, D.C. Law 6-15, § 7(d), 32 DCR 3570; Apr. 12, 1997, D.C. Law 11-259, § 304(d), 44 DCR 1423; June 10, 1998, D.C. Law 12-124, § 101(n)(4), 45 DCR 2464.)

Prior Codifications

1981 Ed., § 1-612.7.

1973 Ed., § 1-341.7.

Cross References

Commissioner of insurance and securities, rate of pay, see § 31-104.

Editor's Notes

Applicability of § 101(n) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-611.02.


§ 1–611.08. Compensation — Members of boards and commissions.

(a) Each member of any board or commission who receives compensation or reimbursement of expenses on January 1, 1980, shall receive such rates of compensation or reimbursement of expenses as are provided in existing law, rule, regulation, or order, or in this chapter, except as may be modified from time to time by rules and regulations published pursuant to subsection (b) of this section.

(a-1) Except as provided in subsection (a) of this section, members of boards and commissions shall not be compensated for time expended in the performance of official duties except as authorized by subsections (b), (c), (c-1), (c-2), and (c-3) of this section.

(b) The Mayor of the District of Columbia is authorized to establish by rule and regulation the rates of compensation or reimbursement of expenses for members of any board or commission, including any board or commission established after January 1, 1980. Any such rules and regulations proposed by the Mayor shall be transmitted to the Council of the District of Columbia for a 30-day (excluding Saturdays, Sundays, holidays, and days on which the Council of the District of Columbia is on recess) review period. Such rules and regulations shall become effective only if the Council of the District of Columbia does not adopt, within 30 days (excluding Saturdays, Sundays, holidays, and days on which the Council of the District of Columbia is on recess) from the date of the Mayor’s submission, a resolution disapproving such rules and regulations in whole or in part. Notwithstanding the provisions of § 1-604.05, rules and regulations published under this subsection shall be effective no earlier than 30 days after their publication in the District of Columbia Register.

(c) Members of the following boards and commissions shall be entitled to compensation in the form of a salary as currently authorized by law:

(1) Public Service Commission;

(2) Contract Appeals Board;

(3) Rental Housing Commission;

(4) Repealed.

(5) Board of Ethics and Government Accountability; and

(6) Full-time members of the Real Property Tax Appeals Commission.

(c-1) Members of the following boards and commissions shall be entitled to compensation in the form of an hourly rate of pay as follows:

(1) Board of Zoning Adjustment members shall be entitled to compensation at the hourly rate of $25 for time spent in performance of duties at meetings, not to exceed $12,000 for each board member per year;

(2) Office of Employee Appeals members shall be entitled to compensation at the hourly rate of $25 for time spent in performance of duties at meetings, not to exceed $6,000 for each member per year;

(3) District of Columbia Retirement Board Members shall be entitled to compensation as provided in § 1-711(c);

(4) Police and Firefighters Retirement and Relief Board members shall be entitled to compensation at the hourly rate of $25 for time spent in performance of duties at meetings, not to exceed $8,000 for each board member per year;

(5) Public Employee Relations Board members shall be entitled to compensation at the hourly rate of $25 for time spent in performance of duties at meetings, not to exceed $6,000 for each board member per year;

(6) Zoning Commission members shall be entitled to compensation at the hourly rate of $25 for time spent in performance of duties at meetings, not to exceed $12,000 for each commission member per year;

(7) Historic Preservation Review Board members shall be entitled to compensation at the hourly rate of $25 for time spent in performance of duties at meetings, not to exceed $3,000 for each board member per year;

(8) Alcoholic Beverage Control Board members shall be entitled to compensation at the hourly rate of $40 for time spent in performance of duties at meetings, not to exceed $18,000 for each board member per year;

(9) Part-time members of the Real Property Tax Appeals Commission shall be entitled to compensation at the hourly rate of $50 for time spent in performance of duties at meetings;

(10) District of Columbia Board of Elections members shall be entitled to compensation at the hourly rate of $40 while actually in the service of the board, not to exceed the $12,500 for each member per year and $26,500 for the Chairman per year.

(c-2) Members of the following boards and commissions shall be entitled to compensation in the form of stipend as follows:

(1) Each Commissioner, other than the ex officio Commissioner and the Chairperson, of the Board of Commissioners of the District of Columbia Housing Authority shall be entitled to a stipend of $4,000 per year for their service on the board; the Chairperson shall be entitled to a stipend of $6,000 per year. Each Commissioner also shall be entitled to reimbursement of actual travel and other expenses reasonably related to attendance at board meetings and fulfillment of official duties. Stipends and reimbursements shall be made at least quarterly; provided, that all stipends shall be paid from non-District funds;

(2) Each member of the Higher Education Licensure Commission shall be entitled to a stipend of $8,000 per year for their service on the commission. Each member also shall be entitled to reimbursement of actual travel and other expenses reasonably related to the performance of the duties of the commission while away from their homes or regular places of business; and

(3) Repealed.

(c-3) Chairpersons of the boards and commissions specified in subsections (c-1) and (c-2) of this section who are public members shall be entitled to an additional compensation of 20% above the annual maximum.

(d) Members of boards and commissions shall not be entitled to reimbursement for expenses unless specifically authorized by law; except, that transportation, parking, or mileage expenses incurred in the performance of official duties may be reimbursed, not to exceed $15 per meeting or currently authorized amounts, whichever is less.

(e) The Mayor shall conduct a comprehensive study of the compensation and stipend levels of the District’s boards and commissions, recognizing the different characteristics of these entities, and examining the best practices in the compensation and stipend policies of surrounding and comparable jurisdictions. Based on this study, the Mayor shall provide a report to the Council by December 31, 2002, with recommendations for a rational compensation and stipend policy applicable to boards and commissions, including any recommendations for changes in specific compensation and stipend levels that could be addressed in the FY 2004 budget and financial plan.


(Mar. 3, 1979, D.C. Law 2-139, § 1108, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(k), 27 DCR 2632; Sept. 26, 1995, D.C. Law 11-52, § 801(b), 42 DCR 3684; Mar. 20, 1998, D.C. Law 12-60, § 101, 44 DCR 7378; Nov. 29, 1999, 113 Stat. 1515, Pub. L. 106-113, § 119(b); Oct. 20, 1999, D.C. Law 13-38,§ 302, 46 DCR 6373; May 3, 2001, D.C. Law 13-298, § 201, 48 DCR 2959; Oct. 1, 2002, D.C. Law 14-190, §§ 2403, 2502, 2603, 49 DCR 6968; Sept. 30, 2004, D.C. Law 15-187, § 102(b), 51 DCR 6525; Dec. 7, 2004, D.C. Law 15-205, § 1212, 51 DCR 8441; Apr. 13, 2005, D.C. Law 15-354, § 5(b), 52 DCR 2638; Apr. 7, 2006, D.C. Law 16-91, § 120(b), 52 DCR 10637; Sept. 19, 2006, D.C. Law 16-159, § 3, 53 DCR 5385; Mar. 25, 2009, D.C. Law 17-361, § 3, 56 DCR 1204; Apr. 8, 2011, D.C. Law 18-363, § 3(b), 58 DCR 963; Sept. 20, 2012, D.C. Law 19-168, § 1132, 59 DCR 8025; Mar. 10, 2015, D.C. Law 20-198, § 2(b), 61 DCR 12450; May 2, 2015, D.C. Law 20-271, § 241, 62 DCR 1884; Oct. 22, 2015, D.C. Law 21-36, § 2202, 62 DCR 10905; Feb. 27, 2016, D.C. Law 21-74, § 3, 63 DCR 252; June 22, 2016, D.C. Law 21-124, § 501(b), 63 DCR 7076; Dec. 13, 2017, D.C. Law 22-33, §§ 1032, 1052, 64 DCR 7652; Oct. 30, 2018, D.C. Law 22-168, § 1082(e), 65 DCR 9388.)

Prior Codifications

1981 Ed., § 1-612.8.

1973 Ed., § 1-341.8.

Section References

This section is referenced in § 1-137.02, § 1-321.01, § 1-602.02, § 1-603.01, § 1-606.01, § 1-611.12, § 1-611.52, § 1-612.03, § 1-1001.04, § 1-1162.05, § 2-1404.03, § 3-604, § 3-1204.06, § 3-1442, § 32-1106, § 32-1542.01, § 38-827.02, § 38-1304, § 39-104, § 44-403, § 45-301, § 47-463, § 47-2853.09, § 47-3601, § 50-305, and § 50-503.

Effect of Amendments

Public Law 106-113 rewrote subpar. (c)(2)(F), which previously read:

“Redevelopment Land Agency members shall be entitled to compensation at the hourly rate of $25 per meeting, not to exceed $1,200 for each member per year.”

D.C. Law 13-38, in subpars. (c)(2)(A) and (c)(2)(G), substituted “$6,000” for “$3,000”.

D.C. Law 13-298, in subpar. (c)(2)(I), substituted “$6,000” for “$2,500”.

D.C. Law 14-190, in subpars. (c)(2)(A) and (c)(2)(G), substituted “$12,000” for “$6,000”; in subpar. (c)(1)(E), substituted “Chairperson, and public and industry members” for “Chairperson”; added subpar. (c)(2)(K); and added subsec. (e).

D.C. Law 15-187, in subpar. (c)(2)(I), substituted “$12,000” for “$6,000”.

D.C. Law 15-205, in subpar. (H) of par. (2) of subsec. (c), substituted “3,000” for “1,800”.

D.C. Law 15-354, in subsec. (c)(1)(E), validated a previously made technical correction.

D.C. Law 16-91, in subpar. (c)((2)(I), validated a previously made technical correction.

D.C. Law 16-159 repealed subsec. (c)(2)(E) which had read as follows: “(E) Board of Real Property Assessments and Appeals members shall be entitled to compensation at the hourly rate of 25 per meeting.”

D.C. Law 17-361, in subsec. (c)(2)(I), substituted “$40” for “$25” and substituted “$15, 000” for “$12,000”.

D.C. Law 18-363, in subsec. (c)(2)(J), substituted “Real Property Tax Appeals Commission for the District of Columbia” for “Board of Real Property Assessments and Appeals”.

The 2012 amendment by D.C. Law 19-168 added (c)(2)(L).

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” in (c)(2)(C).

The 2015 amendment by D.C. Law 20-271 rewrote (c) and (d); and added (a-1), (c-1), (c-2), and (c-3).

The 2015 amendment by D.C. Law 21-36, in (c-2)(1), substituted “$ 4,000” for “$ 3,000,” substituted “$ 6,000” for “$ 5,000,” and added “provided, that all stipends shall be paid from non-District funds.”

The 2016 amendment by D.C. Law 21-74, in (c-2)(2), substituted “Higher Education Licensure Commission” for “Education Licensure Commission” and substituted “$8,000” for “$4,000.”

Cross References

Board of consumer claims arbitration, compensation, see § 50-503.

Board of elections and ethics, compensation, see § 1-1001.04.

Board of library trustees, compensation, see § 39-104.

Board of real property assessments and appeals, compensation, see § 47-825.01.

Board of veterinary examiners, compensation, see § 3-505.

Boxing and wrestling commission, member compensation, see § 3-604.

Education licensure commission, compensation, see § 38-1304.

Employee deferred compensation program, employee eligibility, treatment of benefits, authorization of program, see § 47-3601.

Health occupations, members of health occupation boards and advisory committees, compensation, see § 3-1204.06.

Law revision commission, compensation, see § 45-301.

Mayor’s authority to determine honorariums, “honorariums” defined, see § 1-321.01.

Occupational safety and health commission, compensation, see § 32-1106.

Public fund for drug prevention and children at risk, compensation, see § 47-4003.

Statewide health coordinating council, reimbursement of certain member expenses, see § 44-403.

Taxation, non-health related occupations and professions licensure, establishment of boards, compensation, see § 47-2853.09.

Taxicab commission, compensation, see § 50-305.

Tax revision commission, reimbursement of certain member expenses, see § 47-463.

Workers’ compensation insurance study commission, establishment, see § 32-1542.01.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 1082(e) 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 § 1082(e) 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 § 1052 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 § 1032 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 § 1052 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 days) amendment of this section, see § 1032 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary amendment of section, see § 101 of the Fiscal Year 1998 Revised Budget Support Emergency Act of 1997 (D.C. Act 12-152, October 17, 1997, 44 DCR 6196), and § 101 of the Fiscal Year 1998 Revised Budget Support Congressional Review Emergency Act of 1997 (D.C. Act 12-239, January 13, 1998, 45 DCR 508).

For temporary amendment of section, see § 3 of the Real Property Tax Reassessment Congressional Adjournment Emergency Act of 1997 (D.C. Act 12-11, March 3, 1997, 44 DCR 1741), and see § 3 of the Real Property Tax Reassessment Second Emergency Act of 1997 (D.C. Act 12-244, January 13, 1998, 45 DCR 652).

For temporary amendment of section, see § 3 of the Real Property Tax Reassessment Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-293, February 27, 1998, 45 DCR 1758).

For temporary amendment of section, see § 3 of the Real Property Tax Reassessment and Cold Weather Eviction Emergency Amendment Act of 1999 (D.C. Act 13-18, February 17, 1999, 46 DCR 2354).

For temporary (90-day) amendment of section, see § 302 of the Service Improvement and Fiscal Year 2000 Budget Support Emergency Act of 1999 (D.C. Act 13-110, July 28, 1999, 46 DCR 6320).

For temporary (90 day) amendment of section, see §§ 2303, 2402, and 2503 of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).

For temporary (90 day) amendment of section, see § 1212 of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) amendment of section, see § 1212 of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).

For temporary (90 days) amendment of this section, see § 241 of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Emergency Amendment Act of 2014 (D.C. Act 20-481, Nov. 18, 2014, 61 DCR 12133, 20 STAT 4405).

For temporary (90 days) amendment of this section, see § 241 of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-7, Feb. 26, 2015, 62 DCR 2646, 21 STAT 807).

For temporary (90 days) amendment of this section, see § 2202 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

For temporary (90 days) amendment of this section, see § 3 of the Higher Education Licensure Commission Emergency Amendment Act of 2015 (D.C. Act 21-158, Oct. 16, 2015, 62 DCR 13715).

For temporary (90 days) amendment of this section, see § 3 of the Higher Education Licensure Commission Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-284, Jan. 27, 2016, 63 DCR 1188).

Temporary Legislation

For temporary (225 day) amendment of section, see § 801 of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652).

For temporary (225 day) amendment of section, see § 2 of Real Property Tax Reassessment Temporary Act of 1996 (D.C. Law 11-207, April 9, 1994, law notification 44 DCR 2402).

For temporary (225 day) amendment of section, see § 101 of Fiscal Year 1998 Revised Budget Support Temporary Act of 1997 (D.C. Law 12-59, March 20, 1998, law notification 45 DCR 2094).

For temporary (225 day) amendment of section, see § 3 of Real Property Tax Reassessment Temporary Amendment Act of 1998 (D.C. Law 12-125, June 10, 1998, law notification 45 DCR 5883).

For temporary (225 day) amendment of section, see § 3 of Real Property Tax Reassessment and Cold Weather Eviction Temporary Act of 1999 (D.C. Law 13-1, May 20, 1999, law notification 46 DCR 5301).

For temporary (225 days) amendment of this section, see § 3 of the Higher Education Licensure Commission Temporary Amendment Act of 2015 (D.C. Law 21-51, Jan. 9, 2016, 62 DCR 13983).

Short Title

Short title of title XXV of Law 14-190: Section 2501 of D.C. Law 14-190 provided that title XXV of the act may be cited as the Boards and Commissions Compensation Study Amendment Act of 2002.

Short title of subtitle T of title I of Law 15-205: Section 1211 of D.C. Law 15-205 provided that subtitle T of title I of the act may be cited as Historic Preservation Review Board Stipends Amendment Act of 2004.

Editor's Notes

Application of Law 12-60: Section 2002 of D.C. Law 12-60 provided that the act shall apply as of October 1, 1997.


§ 1–611.09. Compensation — Mayor and members of Council; Attorney General.

(a) Repealed.

(a-1) In accordance with § 1-204.21(d), effective January 2, 2007, the Mayor shall receive annual compensation in the amount of $200,000, which shall be payable in equal and periodic installments. The compensation shall not be subject to step, cost of living, or other increases.

(b)(1) Members of the Council shall receive compensation in the amount of $115,000 per year; except that the Chairman shall receive compensation pursuant to § 1-204.03(d), which shall be payable in equal and periodic installments. The compensation shall be subject to cost of living increases, but not to step or other increases. For the purposes of this section “cost of living increases” means the Consumer Price Index for all Urban Consumers (all items Washington D.C. Standard Metropolitan Statistical Area average), published on January 1 of each year.

(2) In determining the proper salary level of the Council, the Council shall consider at a minimum:

(A) The salary level of executive agency heads;

(B) Pay increases for nonunion employees of the District;

(C) Any other information the Council deems necessary; and

(D) The recommendations of the Mayor and Council Compensation Advisory Commission established by subchapter XI-A of this chapter.

(b-1) In accordance with § 1-301.85, the Attorney General shall receive compensation in an amount equal to the Chairman of the Council.

(c) Repealed.

(d) In determining the proper compensation level for the Mayor, the Council shall consider the recommendations of the Mayor and the Council Compensation Advisory Commission established by subchapter XI-A of this chapter.


(Mar. 3, 1979, D.C. Law 2-139, § 1109, 25 DCR 5740; Feb. 24, 1987, D.C. Law 6-175, §§ 2, 3(a), 33 DCR 7232; Mar. 16, 1995, D.C. Law 10-225, § 2, 41 DCR 8132; June 10, 1998, D.C. Law 12-124, § 101(n)(5), 45 DCR 2464; Oct. 20, 1999, D.C. Law 13-38, § 502, 46 DCR 6373; Apr. 7, 2006, D.C. Law 16-91, § 110(d), 52 DCR 10637; Mar. 14, 2007, D.C. Law 16-295, § 2(a), 54 DCR 1092; Oct. 22, 2015, D.C. Law 21-36, § 1033(e), 62 DCR 10905.)

Prior Codifications

1981 Ed., § 1-612.9.

1973 Ed., § 1-341.9.

Section References

This section is referenced in § 1-123, § 1-602.02, § 1-611.53, § 1-636.02, and § 3-1303.

Effect of Amendments

D.C. Law 13-38 rewrote subsec. (b), which previously read:

“The Chairman of the Council shall receive compensation in an amount equivalent to the highest rate of basic pay authorized for an executive agency head, which shall be made in equal and periodic installments. Each member of the Council other than the chairman shall be paid at an annual rate of $10,000 less than the annual compensation established for the Chairman.”

Section 503 of D.C. Law 13-38 repealed the “Councilmembers’ Salary Freeze Amendment Act of 1994” (D.C. Law 10-225).

D.C. Law 16-91, in par. (b)(1), substituted “pursuant to § 1-204.03(d)” for “in the amount of $102,530 per year”.

D.C. Law 16-295 added (a-1), (b)(2)(D) and (d) and made related changes; and rewrote (b)(1).

The 2015 amendment by D.C. Law 21-36 added (b-1).

Cross References

Lottery and charitable games control board, executive director and deputy director, limitations on compensation, see § 3-1303.

Members of Congress, limitations on compensation, see § 1-123.

Emergency Legislation

For temporary amendment of section, see § 2(d) of the Comprehensive Merit Personnel Act Pay Limit Emergency Amendment Act of 1997 (D.C. Act 12-115, July 18, 1997, 44 DCR 4501), see § 2(d) of the Comprehensive Merit Personnel Act Pay Limit Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-179, October 30, 1997, 44 DCR 6948), and see § 2(d) of the Comprehensive Merit Personnel Act Pay Limit Emergency Amendment Act of 1998 (D.C. Act 12-378, June 5, 1998, 45 DCR 4465).

For temporary (90-day) amendment of section, see § 502 of the Service Improvement and Fiscal Year 2000 Budget Support Emergency Act of 1999 (D.C. Act 13-110, July 28, 1999, 46 DCR 6320).

For temporary (90-day) repeal of D.C. Law 10-225, see § 503 of the Service Improvement and Fiscal Year 2000 Budget Support Emergency Act of 1999 (D.C. Act 13-110, July 28, 1999, 46 DCR 6320).

For temporary (90 days) amendment of this section, see §§ 3 and 5 of the Chief Financial Officer Compensation Emergency Act of 2013 (D.C. Act 20-140, July 31, 2013, 60 DCR 11792, 20 DCSTAT 1984).

For temporary (90 days) amendment of this section, see § 1033(e) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2 of Councilmembers’ Salary Freeze Temporary Amendment Act of 1994 (D.C. Law 10-168, August 27, 1994, law notification 41 DCR 6403).

For temporary (225 day) amendment of section, see § 2(d) of Comprehensive Merit Personnel Act Pay Limit Temporary Amendment Act of 1997 (D.C. Law 12-36, October 23, 1997, law notification 44 DCR 6554).

For temporary (225 days) addition of D.C. Law 2-139, § 1109a, see §§ 3 and 4 of the Chief Financial Officer Compensation Temporary Amendment Act of 2013 (D.C. Law 20-44, October 24, 2013, 60 DCR 14957).

Editor's Notes

Request for Congressional action: Pursuant to § 5 of D.C. Law 10-168 and § 5 of D.C. Law 10-225 the Council requested that the United States Congress enact legislation to repeal § 1-204.03(c).

Applicability of § 101(n) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-611.02.


§ 1–611.10. Compensation — Members of the Board of Education.

Notwithstanding any other provisions of law, each member of the District of Columbia Board of Education shall receive a salary of not more than $15,000 annually; except the President of the Board of Education shall receive not more than $16,000 annually. These sums shall not increase unless by an act of the Council.


(Mar. 3, 1979, D.C. Law 2-139, § 1110, 25 DCR 5740; Feb. 24, 1987, D.C. Law 6-175, § 3(b), 33 DCR 7232; Apr. 9, 1997, D.C. Law 11-198, § 301(a), 43 DCR 4569.)

Prior Codifications

1981 Ed., § 1-612.10.

1973 Ed., § 1-341.10.

Section References

This section is referenced in § 1-602.02 and § 38-2651.

Cross References

Board of education, limitations on member compensation, see § 1-204.95.

Emergency Legislation

For temporary amendment of section, see § 301(a) of the Fiscal Year 1997 Budget Support Congressional Adjournment Emergency Amendment Act of 1997 (D.C. Act 12-2, February 19, 1997, 44 DCR 1590).

Section 1001 of D.C. Act 12-2 provided for the application of the act.

Temporary Legislation

For temporary (225 day) amendment of section, see § 301(a) of Fiscal Year 1997 Budget Support Temporary Amendment Act of 1996 (D.C. Law 11-226, April 9, 1997, law notification 44 DCR 2584).

Editor's Notes

Application of 11-198: Section 1001 of D.C. Law 11-198 provided that Titles I, II, III, V, and VI and sections 405 and 406 of the act shall apply after September 30, 1996.


§ 1–611.11. Classification and compensation policies and procedures for educational employees.

(a) The classification of all positions in the Educational Service shall be in accordance with the policies of § 1-611.01.

(a-1) Notwithstanding any other provision of law, rule, or regulation:

(1) Except for the Chancellor and any Excepted Service employees appointed pursuant to § 1-609.03(a)(4), every employee of the District of Columbia Public Schools shall be:

(A) Classified as an Educational Service employee;

(B) Placed under the personnel authority of the Mayor; and

(C) Subject to all rules of the District of Columbia Public Schools;

(2) Repealed.

(3) Except for the State Superintendent of Education and any Excepted Service employees appointed pursuant to § 1-609.03(a)(7), every employee of the Office of the State Superintendent of Education shall be:

(A) Classified as an Educational Service employee; and

(B) Placed under the personnel authority of the Mayor.

(b) In order to carry out the policies of subsection (a) of this section, the District of Columbia Board of Education shall, for educational employees of the District of Columbia Board of Education, and the Board of Trustees of the University of the District of Columbia shall, for educational employees of the University of the District of Columbia, provide for the development of a classification system covering all positions. The respective Boards shall provide that all positions covered by this classification system are properly evaluated by application of official classification standards, in accordance with accepted classification principles and techniques and in accordance with applicable rules and regulations. Classification systems or proposals developed under the authority of this section shall be published in the District of Columbia Register at least 60 calendar days prior to their proposed effective date. Each Board shall hold a public hearing on all such proposals it publishes in the District of Columbia Register prior to its adoption of a classification system or amendment to such system.

(c) Repealed.

(d) Compensation for all employees in the Educational Service shall be fixed in accordance with the policies of paragraphs (1), (2), (3), (4) [(4) repealed], and (7) of subsection (a) of § 1-611.03.

(e) The new compensation systems authorized by subsection (d) of this section may include, but not be limited to, provisions for basic pay, pay increases based on quality of and length of service, premium pay, allowances, and severance pay.

(f) Each Board shall provide for appropriate consultations with employee organizations in the development of the new compensation systems.

(g)(1) Each Board shall submit to the Mayor a proposed new compensation system developed pursuant to the provisions of subsections (d) and (e) of this section. Any proposed new compensation system submitted to the Mayor by a Board as required by this subsection shall include proposed dates on which the new compensation system shall become effective. Within 20 days of the submission to the Mayor of a new compensation system proposal by a Board, the Mayor shall transmit the proposal to the Council in the form of a proposed resolution. The Mayor shall append to the proposal a statement that includes:

(A) Detailed reasons why the Mayor supports or opposes the proposal; and

(B) Any adjustments that the Mayor would like to have made to the proposal.

(2) Until the new compensation systems are approved, the compensation systems, including the salary and pay schedules in effect on December 31, 1979, shall continue in effect, provided that pay adjustments shall be made in accordance with the policy stated in § 1-611.03.

(h) The Council shall consider the proposed compensation systems in accordance with its procedures.

(i)(1) Each Board shall provide for the periodic review of its basic compensation systems, in order to improve the system and provide continuing conformity with the policy established by subsection (a) of this section.

(2) These reviews of compensation shall include, but need not be limited to, a review of the adequacy of the rates of basic pay.

(3) Each Board shall provide for appropriate consultations with employee organizations of employees under their respective jurisdiction in the periodic reviews of the compensation system.

(4) Beginning with the year commencing January 1, 1982, each Board shall submit to the Council by no later than October 1st of each year all initial proposed pay changes and adjustments and other proposed changes to the compensation systems if any for approval by resolution under the provisions of this section.

(5) If the Council by resolution approves, without revision, the proposed pay changes, adjustments, or other proposed changes to the compensation system submitted by the Board of Education, such changes shall become effective on the dates specified in the resolution submitted by the Board of Education as provided in paragraph (4) of this subsection. If the Council takes no action on the Board of Education’s proposed change or changes within 60 calendar days of the submission thereof, such change or changes shall be deemed to have been approved by the Council on the day next following the expiration of such 60-day period. The 60 calendar days for Council review shall not include days that pass during a recess of the Council.

(6) If the Council desires to revise the proposal from the Board of Education, then, within the 60 calendar days for Council review, the Council may not only disapprove the proposal by resolution according to paragraph (5) of this subsection, but may, also, inform the Board of the Council’s suggested revisions to the proposal and, subsequently, the Board may submit a new proposal.

(7) No pay increase for employees of the Board of Education shall vest unless funds for such pay increase are identified in the transmittal from the Board of Education to the Council concerning such increase.

(8) If the Council by resolution approves pay changes, adjustments, and other changes in a compensation system proposed by the Board of Trustees of the University of the District of Columbia, such changes shall become effective on the dates specified in the resolution submitted by the Board of Trustees as provided in paragraph (5) of this subsection. If the Council takes no action on the proposed change submitted by the Board of Trustees of the University of the District of Columbia within 60 calendar days of the submission thereof, such changes shall be deemed to have been approved by the Council on the day next following the expiration of this 60-day period. The 60 calendar days for Council review shall not include days that pass during a recess of the Council.

(9) If the Council disapproves the change or changes proposed by the Board of Trustees of the University of the District of Columbia, pursuant to paragraph (8) of this subsection, the Board may submit a new proposal.

(10) Repealed.

(11) Repealed.

(j) Retroactive pay is payable by reason of an increase in the salary or pay schedules under this section only where:

(1) The individual is in the service of the District of Columbia government on the date of final action by the Council on the increase; or

(2) The individual retired or died during the period beginning on the effective date of the increase and ending on the date of final action by the Council on the increase, and only for the services performed during that period.

(3) Repealed.


(Mar. 3, 1979, D.C. Law 2-139, § 1111, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(l), 27 DCR 2632; Mar. 5, 1981, D.C. Law 3-150, § 3, 27 DCR 4900; Mar. 16, 1982, D.C. Law 4-78, § 8(b)-(d), 29 DCR 49; Aug. 1, 1985, D.C. Law 6-15, § 7(e), 32 DCR 3570; Feb. 24, 1987, D.C. Law 6-177, § 3(o), 33 DCR 7241; May 10, 1989, D.C. Law 7-231, § 3(1), 36 DCR 492; Mar. 15, 1990, D.C. Law 8-94, § 2(d), 37 DCR 782; July 13, 1991, D.C. Law 9-12, § 2(b), 38 DCR 3376; Mar. 5, 1996, D.C. Law 11-98, § 301(d), 43 DCR 5; Aug. 1, 1996, D.C. Law 11-152, § 302(n), 43 DCR 2978; June 10, 1998, D.C. Law 12-124, § 101(n)(6), 45 DCR 2464; Mar. 20, 2008, D.C. Law 17-122, § 2(c), 55 DCR 1506; Mar. 26, 2008, D.C. Law 17-135, § 2(b), 55 DCR 1683; Aug. 16, 2008, D.C. Law 17-219, §§ 4004(b), 4019(b), 55 DCR 7598; Sept. 26, 2012, D.C. Law 19-171, § 9(d), 59 DCR 6190.)

Prior Codifications

1981 Ed., § 1-612.11.

1973 Ed., § 1-341.11.

Section References

This section is referenced in § 1-602.02, § 1-603.01, § 1-604.04, § 1-611.01, § 38-2021.13, and § 38-2023.16.

Effect of Amendments

D.C. Law 17-122 rewrote subsec. (a-1).

D.C. Law 17-135, in subsec. (d), substituted “and (7)” for “and (6)”.

D.C. Law 17-219, in subsec. (a-1)(3), substituted “of” for “transferred from the District of Columbia Public Schools to”.

D.C. Law 17-219 repealed subsec. (a-1)(2); and, in subsec. (a-1)(3), substituted “of” for “transferred from the District of Columbia Public Schools to”.

The 2012 amendment by D.C. Law 19-171 substituted “Superintendent of Education” for “Superintendent for Education” twice in the introductory language of (a-1)(3).

Cross References

Retirement of public school teachers, compensation and salaries, see § 38-2023.16.

Retirement of public school teachers, “eligible service” defined, see § 38-2021.13.

Emergency Legislation

For temporary (90 day) amendment of section, see §§ 2(b) and 3 of Operation Enduring Freedom Active Duty Pay Differential Emergency Amendment Act of 2001 (D.C. Act 14-225, January 8, 2002, 49 DCR 664).

For temporary (90 day) amendment of section, see § 2(b) of Operation Enduring Freedom Active Duty Pay Differential Extension Emergency Act of 2002 (D.C. Act 14-498, October 23, 2002, 49 DCR 9795).

For temporary (90 day) amendment of section, see § 2(b) of Operation Enduring Freedom Active Duty Pay Differential Extension Congressional Review Emergency Act of 2003 (D.C. Act 15-16, February 24, 2003, 50 DCR 1944).

For temporary (90 day) amendment of section, see § 2(b) of Operation Enduring Freedom and Iraqi Freedom Active Duty Pay Differential Extension Emergency Amendment Act of 2003 (D.C. Act 15-74, April 16, 2003, 50 DCR 3619).

For temporary (90 day) amendment of section, see § 2(b) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-131, July 29, 2003, 50 DCR 6845).

For temporary (90 day) amendment of section, see § 2(b) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Emergency Amendment Act of 2004 (D.C. Act 15-357, February 19, 2004, 51 DCR 2574).

For temporary (90 day) amendment of section, see § 2(b) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Second Emergency Amendment Act of 2004 (D.C. Act 15-646, December 29, 2004, 52 DCR 233).

For temporary (90 day) amendment of section, see § 2(b) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-57, March 17, 2005, 52 DCR 3180).

For temporary (90 day) amendment of section, see § 2(b) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Emergency Amendment Act of 2005 (D.C. Act 16-205, November 17, 2005, 52 DCR 10522).

For temporary (90 day) amendment of section, see § 2(b) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-298, February 27, 2006, 53 DCR 1877).

For temporary (90 day) amendment of section, see § 2(b) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Emergency Amendment Act of 2006 (D.C. Act 16-516, October 25, 2006, 53 DCR 9099).

For temporary (90 day) amendment of section, see § 2(b) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-2, January 16, 2007, 54 DCR 1436).

For temporary (90 day) amendment of section, see § 2(b) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Emergency Amendment Act of 2007 (D.C. Act 17-143, October 17, 2007, 54 DCR 10745).

For temporary (90 day) amendment of section, see § 2(c) of Public Education Personnel Reform Emergency Amendment Act of 2007 (D.C. Act 17-241, January 22, 2008, 55 DCR 983).

For temporary (90 day) amendment, see § 4019(b) of Fiscal Year 2009 Budget Support Emergency Act of 2008 (D.C. Act 17-468, July 28, 2008, 55 DCR 8746).

Temporary Legislation

For temporary (225 day) amendment of section, see § 502 of Budget Support Temporary Act of 1995 (D.C. Law 11-78, January 26, 1996, law notification 43 DCR 650).

For temporary (225 day) amendment of section, see § 2(b) of Operation Enduring Freedom Active Duty Pay Differential Temporary Amendment Act of 2002 (D.C. Law 14-113, April 13, 2002, law notification 49 DCR 4061).

For temporary (225 day) amendment of section, see § 2(b) of Operation Enduring Freedom Active Duty Pay Differential Extension Temporary Act of 2002 (D.C. Law 14-247, March 25, 2003, law notification 50 DCR 2760).

For temporary (225 day) amendment of section, see § 2(b) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Temporary Amendment Act of 2003 (D.C. Law 15-23, July 22, 2003, law notification 50 DCR 6093).

For temporary (225 day) amendment of section, see § 2(b) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Temporary Amendment Act of 2004 (D.C. Law 15-158, May 18, 2004, law notification 51 DCR 5698).

For temporary (225 day) amendment of section, see § 2(b) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Second Temporary Act of 2004 (D.C. Law 15-323, April 8, 2005, law notification 52 DCR 4712).

Section 2(b) of D.C. Law 16-64, in subsec. (d), substituted “and (7)” for “and (6)”.

Section 4(b) of D.C. Law 16-64 provided that the act shall expire after 225 days of its having taken effect.

Section 2(b) of D.C. Law 16-299, in subsec. (d), substituted “and (7)” for “and (6)”.

Section 4(b) of D.C. Law 16-299 provided that the act shall expire after 225 days of its having taken effect.

Section 2(b) of D.C. Law 17-101, in subsec. (d), substituted “and (7)” for “and (6)”.

Section 5(b) of D.C. Law 17-101 provided that the act shall expire after 225 days of its having taken effect.

Editor's Notes

University within-grade salary freeze: Section 1101 of D.C. Law 11-52 provided for the prohibition on the receipt of within-grade salary increases for employees of the University of the District of Columbia for 1 year following the effective date of the Fiscal Year 1995 Supplemental Budget and Rescissions of Authority Request Act of 1994 (D.C. Act 10-400).

For temporary prohibition on the receipt of within-grade salary increases by employees of the University of the District of Columbia, see § 1101 of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).

Applicability of § 101(n) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-611.02.


§ 1–611.12. Compensation for members of the Public Employee Relations Board.

(a) Notwithstanding any other provision of this subchapter, members of the Public Employee Relations Board shall receive compensation at the rate of $250 per day, or $31.25 per hour, whichever is less, while in the service of the said Board. Should a member serve in excess of 8 hours on a particular day, such member may be paid additional compensation for such period of service, to a maximum of 2 per diem payments for any consecutive 24-hour period.

(b) During the transition period a person serving on both the Board of Labor Relations and the Public Employee Relations Board shall receive compensation as provided in subsection (a) of this section.

(c) Adjustments to the rate of compensation provided in this section shall be made in accordance with § 1-611.08(b).


(Mar. 3, 1979, D.C. Law 2-139, § 1112, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(m), (n), 27 DCR 2632.)

Prior Codifications

1981 Ed., § 1-612.12.

1973 Ed., § 1-341.12.

Section References

This section is referenced in § 1-605.01.


§ 1–611.13. Pay setting for fire fighters, police officers and teachers for the fiscal year ending September 30, 1979, and September 30, 1980.

(a)(1) The Mayor of the District of Columbia shall ascertain the average percentage increase to be used by the President of the United States in adjusting rates of pay (to be effective October 1, 1978, and October 1, 1979, respectively) under § 5305(a)(2) of Title 5 of the United States Code, or whether the President of the United States intends to submit to the United States Congress an alternative plan with respect to pay adjustments under § 5305(c) of Title 5 of the United States Code, and the contents of the alternative plan of the President of the United States.

(2) The Mayor of the District of Columbia shall then adjust the rates of pay in each class and service step on the salary schedule in § 5-541.01(a) and in § 38-1963 [repealed], on the 1st pay period after October 1, 1978, and October 1, 1979, respectively, to reflect the average percentage increase given to General Schedule employees. If the alternative plan of the President of the United States becomes effective as provided in § 5305 of Title 5 of the United States Code, the Mayor of the District of Columbia shall adjust the rates of pay to reflect the average percentage increase given to General Schedule employees under such alternative plan. If the alternative plan of the President of the United States is disapproved by the United States Congress, the Mayor of the District of Columbia shall adjust such rates of pay to reflect the average percentage increase of the Presidential adjustments of rates of pay under 5 U.S.C. § 5305(m).

(3) The adjustments in the rates of pay made by the Mayor of the District of Columbia under this section shall be effective on and payable for the 1st day of the 1st pay period beginning on or after October 1, 1978, and October 1, 1979, respectively, or the effective date of the alternative plan of the President of the United States, whichever is later.

(b) The rates of pay, which become effective under this section, shall be the rates of pay for each class and service step concerned, as if those rates had been set by statute, and shall remain in effect until amended by the Council of the District of Columbia.

(c) The rates of pay established under this section shall supersede and render inapplicable those corresponding rates of pay set prior to the effective date of the rates of pay set under this section.

(d) The rates of pay that take effect under this section shall be published in the District of Columbia Register.

(e)(1) Retroactive compensation or salary shall be paid by reason of the amendments made by this chapter only in the case of an individual in the service of the District of Columbia government, the Board of Education of the District of Columbia, or of the United States (including service in the armed forces of the United States) on the effective date of this section: Except, that such retroactive compensation or salary shall be paid:

(A) To any employee covered by this section who retired during the period beginning on the 1st day of the 1st pay period which began on or after October 1, 1978, and October 1, 1979, respectively, or the effective date of the alternative plan of the President of the United States, whichever is later, and ending on the effective date of this chapter for services rendered during such period; and

(B) In accordance with the provisions of subchapter VIII of Chapter 55 of Title 5 of the United States Code (relating to settlement of accounts of deceased employees), for services rendered during the period beginning on the 1st pay period which began on or after October 1, 1978, or October 1, 1979, respectively, or the effective date of the alternative plan of the President of the United States, whichever is later, and ending on the effective date of this chapter by any such employee who dies during such period.

(2) For the purpose of this subsection, service in the armed forces of the United States in the case of an individual relieved from training and service in the armed forces of the United States, or discharged from hospitalization following such training and service, shall include the period provided by law for the mandatory restoration of such individual to a position in or under the municipal government of the District of Columbia.

(3) For the purpose of determining the amount of insurance for which an individual is eligible under the provisions of Chapter 87 of Title 5 of the United States Code (relating to government employees’ group life insurance), all changes in rates of compensation or salary which result from the enactment of this chapter shall be held and considered to be effective as of the effective date of this chapter.

(f) The process, as set forth in subsection (a) of this section, whereby the salaries of the District of Columbia police, fire fighters, and teachers are adjusted in accordance with the rates of pay for federal General Schedule employees, shall be in effect only for the period commencing on October 1, 1978, and ending on September 30, 1980.


(Mar. 3, 1979, D.C. Law 2-139, § 1114, 25 DCR 5740; Apr. 30, 1988, D.C. Law 7-104, § 36(b), 35 DCR 147.)

Prior Codifications

1981 Ed., § 1-612.13.

1973 Ed., § 1-341.14.

Section References

This section is referenced in § 1-636.02.

References in Text

The references to 5 U.S.C. § 5305 in (a)(1) and (a)(2) are to a former § 5305 which was omitted in a general revision by the Act of Nov. 5, 1990, P.L. 101-509, Title V, § 529, 104 Stat. 1429.


§ 1–611.14. Classification policy; grade levels; publication required; public hearing.

(a) For the period beginning October 1, 1980, and ending on the last day of the pay period that contains September 30, 1981, the basic pay for an employee in the Career or Excepted Service shall not exceed $50,112.50 per annum.

(b) For the period beginning October 1, 1980, and ending on the last day of the pay period that contains September 30, 1981, or until an executive pay plan is established by the Council pursuant to § 1-610.33, the basic pay for an employee in the Executive Service shall not exceed $50,112.50 per annum.

(c) For the period beginning October 1, 1980, and ending September 30, 1981, the basic pay for an employee of the Board of Education shall not exceed $50,112.50 per annum: Except, that of the Superintendent of Schools, which shall not exceed $55,400.00 per annum.

(d) For the period beginning October 1, 1980, and ending September 30, 1981, the basic pay for educational employees under the Board of Trustees of the University of the District of Columbia whose basic pay as of September 30, 1980, is $50,112.50 per annum or above shall not be increased, nor shall the basic rate of pay of an employee whose basic pay is less than $50,112.50 per annum be paid at a rate in excess of that amount.


(Mar. 3, 1979, D.C. Law 2-139, § 1115; as added Mar. 4, 1981, D.C. Law 3-130, § 2(g), 28 DCR 277; Apr. 12, 2000. D.C. Law 13-91, § 104(a), 47 DCR 520.)

Prior Codifications

1981 Ed., § 1-612.14.

Effect of Amendments

D.C. Law 13-91, in subsec. (b), substituted “§ 1-611.53” for “§ 1-612.7”.


§ 1–611.15. Waiver of compensation.

An individual officer or employee of the District of Columbia government entitled to compensation under this subchapter may decline to accept all or any part of such compensation by a waiver signed and filed with the Director of Personnel. The waiver may be revoked in writing at any time. Payment of the compensation waived may not be made for the period during which the waiver was in effect.


(Mar. 3, 1979, D.C. Law 2-139, § 1116; as added Mar. 4, 1981, D.C. Law 3-130, § 2(g), 28 DCR 277.)

Prior Codifications

1981 Ed., § 1-612.15.

Section References

This section is referenced in § 47-1803.03.

Cross References

Gross income, deductions, see § 47-1803.03.


§ 1–611.16. Pay limitations under other laws.

(a) Notwithstanding the provisions of § 2-1605 or § 23-1306, or any other provision or law, no employee of the District of Columbia government shall be authorized to receive pay in excess of that provided for in this subchapter, and any such provision of law that is inconsistent with this section shall be deemed superseded to the extent of such inconsistency.

(b) No employee of the District of Columbia shall be paid at an annualized rate that is higher than the maximum salary for the highest pay grade for which the employee’s position is classified.


(Mar. 3, 1979, D.C. Law 2-139, § 1117; as added June 11, 1981, D.C. Law 4-7, § 2, 28 DCR 1672; Apr. 12, 2000, D.C. Law 13-91, § 104(b), 47 DCR 520; Mar. 14, 2012, D.C. Law 19-115, § 2(i), 59 DCR 461.)

Prior Codifications

1981 Ed., § 1-612.16.

Section References

This section is referenced in § 1-1001.05 and § 1-1162.06.

Effect of Amendments

D.C. Law 13-91 deleted “§ 2-309, § 2-327(a),” preceding “§ 1-2705,”.

D.C. Law 19-115 designated the existing text as subsec. (a); and added subsec. (b).

Cross References

Board of elections and ethics, powers and duties, see § 1-1001.05.


§ 1–611.17. Employee deferred compensation program established.

There is established an employee deferred compensation program as provided in the Deferred Compensation Act of 1984.


(Mar. 3, 1979, D.C. Law 2-139, § 1118; as added Sept. 26, 1984, D.C. Law 5-118, § 6(a), 31 DCR 4034.)

Prior Codifications

1981 Ed., § 1-612.17.

Cross References

Employee deferred compensation program, see § 47-3601 et seq.

References in Text

The “Deferred Compensation Act of 1984,” referred to at the end of the section, is D.C. Law 5-118.


§ 1–611.18. Housing bonus; District of Columbia employees. [Repealed]

Repealed.


(Mar. 3, 1979, D.C. Law 2-139, § 1118a; as added Mar. 16, 1989, D.C. Law 7-203, § 2(e), 36 DCR 450; Aug. 17, 1991, D.C. Law 9-33, § 2, 38 DCR 4222.)

Prior Codifications

1981 Ed., § 1-612.18.


§ 1–611.19. Pre-tax benefits programs.

(a)(1) The Mayor may establish certain tax-favored and pre-tax benefits programs as are allowed by the Internal Revenue Code of 1954 (26 U.S.C. § 1 et seq.) and the regulations and interpretations thereunder, including sections 120, 125, 127, 129, and 132 of the Internal Revenue Code.

(2) Employee contributions to benefits programs established pursuant to this chapter, including the District of Columbia Employees Health Benefits Program, may be made on a pre-tax basis in accordance with the requirements of the Internal Revenue Code and, to the extent permitted by the Internal Revenue Code, such pre-tax contributions shall not effect a reduction of the amount of any other retirement, pension, or other benefits provided by law. To the extent permitted by the Internal Revenue Code, any amount of contributions made on a pre-tax basis shall be included in the employee’s contributions to existing life insurance, retirement system, and for any other District government program keyed to the employee’s scheduled rate of pay, but shall not be included for the purpose of computing federal or District income tax withholdings, including F.I.C.A., on behalf of any such employee.

(b) The Mayor may enter into an agreement with any personnel authority, as defined in § 1-604.06(b), or independent agency to establish eligibility to participate in any benefits program established under this section.

(c) The Mayor may select one or more contractors to provide such services as may be required to implement any tax-favored program or pre-tax benefits programs in accordance with the provisions of Chapter 3 of Title 2.

(d) The Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue rules to implement the provisions of this chapter. 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. Nothing in this section shall affect any requirements imposed upon the Mayor by subchapter I of Chapter 5 of Title 2.


(Mar. 3, 1979, D.C. Law 2-139, § 1119; as added Mar. 16, 1993, D.C. Law 9-198, § 2, 39 DCR 9209; Apr. 1, 2017, D.C. Law 21-232, § 2(k), 64 DCR 876.)

Prior Codifications

1981 Ed., § 1-612.19.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(k) of Council Independent Authority Clarification Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-29, Mar. 27, 2017, 64 DCR 3077).

For temporary (90 days) amendment of this section, see § 2(k) of Council Independent Authority Clarification Emergency Amendment Act of 2016 (D.C. Act 21-551, Dec. 6, 2016, 63 DCR 15022).


§ 1–611.20. Mandatory direct deposit.

(a) Notwithstanding any other provision of law, the only method for the receipt of salary, wages, or any other compensation, and retirement payments by any District of Columbia employee or retiree, whether compensated by the District with District funds or federal funds, shall consist of one of the following:

(1) Direct deposit through electronic funds transfer to a checking, savings, or account designated by the employee or retiree; or

(2) The delivery of the check by U.S. mail to the employee’s or retiree’s place of residence.

(b) The Mayor is authorized to issue rules to implement this section.


(March 3, 1979, D.C. Law 2-139, § 1120; as added Mar. 20, 1998, D.C. Law 12-60, § 601, 44 DCR 7378; Nov. 19, 1997, 111 Stat. 2185, Pub. L. 105-100,§ 156.)

Prior Codifications

1981 Ed., § 1-612.20.

Emergency Legislation

For temporary addition of section, see § 2(a) of the Comprehensive Merit Personnel Act Pilot Program Emergency Amendment Act of 1997 (D.C. Act 12-120, August 1, 1997, 44 DCR 4643), and see § 2(a) of the Comprehensive Merit Personnel Act Pilot Program Legislative Review Emergency Amendment Act of 1997 (D.C. Act 12-178, October 30, 1997, 44 DCR 6946).

For temporary addition of section, see § 601 of the Fiscal Year 1998 Revised Budget Support Emergency Act of 1997 (D.C. Act 12-152, October 17, 1997, 44 DCR 6197), and see § 601 of the Fiscal Year 1998 Revised Budget Support Congressional Review Emergency Act of 1997 (D.C. Act 12-239, January 13, 1998, 45 DCR 508).

Temporary Legislation

For temporary (225 day) addition of section, see § 2(a) of Comprehensive Merit Personnel Act Pilot Program Temporary Amendment Act of 1997 (D.C. Law 12-47, April 27, 1998, law notification 45 DCR 1508).

For temporary (225 day) addition, see § 601 of Fiscal Year 1998 Revised Budget Support Temporary Act of 1997 (D.C. Law 12-59, March 20, 1998, law notification 45 DCR 2094).

Editor's Notes

Application of Law 12-60: Section 2002 of D.C. Law 12-60 provided that the act shall apply as of October 1, 1997.


§ 1–611.21. Personnel authority pilot programs.

(a) Notwithstanding any other provision of this subchapter, or any other provision of law or regulation, and consistent with § 1-204.22, the Mayor may implement pilot personnel programs in the areas of classification and compensation in the Department of Employment Services, the Department of Recreation and Parks and the Office of Personnel. Pilot programs may be established during any control period as defined in § 47-393, to help ensure successful implementation of the transformation of the District government workforce.

(b) The Mayor may issue rules and regulations to implement these programs.


(Mar. 3, 1979, D.C. Law 2-139, § 1121; as added June 10, 1998, D.C. Law 12-124, § 101(n)(7), 45 DCR 2464.)

Prior Codifications

1981 Ed., § 1-612.21.

References in Text

Pursuant to Mayor’s Order 2000-20, the agency formerly known as the Department of Recreation and Parks shall be known as the Department of Parks and Recreation.

Editor's Notes

Applicability of § 101(n) 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).