Chapter 5. Salaries.

Subchapter I. General.

§ 5–501.01. Increase denied for unsatisfactory service; removal for inefficiency; additional compensation for outstanding efficiency.

No annual increase in salary shall be paid to any person who, in the judgment of the Mayor of the District of Columbia, has not rendered satisfactory service, and any private who fails to receive such annual increase for 2 successive years shall be deemed inefficient and forthwith removed from the service by the Mayor; provided, that under such rules and regulations as the Council of the District of Columbia shall promulgate, the Chief of Police and the Fire Chief of the Fire Department shall select and report to the Mayor from time to time the names of privates and sergeants in each Department who by reason of demonstrated ability may be considered as possessed of outstanding efficiency, and the Mayor is authorized and directed to grant to not exceeding 10% of the authorized strength, respectively, of such privates and sergeants in each Department additional compensation at the rate of $5 per month; provided further, that the Mayor may withdraw such compensation at any time and remove any name or names from among such selections.

---

§ 5–501.02. Computation of rates of compensation.

(a) For all pay computation purposes affecting employees covered by this act or the District of Columbia Police and Firemen’s Salary Act of 1958, basic per annum rates of compensation established by this act or the District of Columbia Police and Firemen’s Salary Act of 1958, shall be regarded as payment for employment during 52 basic administrative workweeks.

(b)(1) Whenever for any such purpose it is necessary to convert a basic annual rate established by this act or the District of Columbia Police and Firemen’s Salary Act of 1958 to a basic biweekly, weekly, daily, half-daily, or hourly rate, the following rules shall govern:

(A) The annual rate shall be divided by 52 or 26, as the case may be, to derive a weekly or biweekly rate;

(B) A weekly or biweekly rate shall be divided by 5 or 10, as the case may be, to derive a daily rate;

(C) A daily rate shall be divided by 2 to derive a one-half daily rate;

(D) In the case of the Metropolitan Police force, except with respect to computation of holiday pay, a biweekly rate shall be divided by the number of hours constituting the biweekly tour of duty in order to derive an hourly rate;

(E) In the case of the Firefighting Division of the Fire Department of the District of Columbia:

(i) A biweekly rate shall be divided by 2 to derive a weekly rate;

(ii) The weekly rate shall be divided by the number of workdays in the average established workweek to arrive at a daily rate;

(iii) A daily rate shall be divided by 2 to derive a one-half daily rate; and

(iv) An hourly rate shall be determined by dividing the daily rate of pay by 12, except for the purpose of computation of holiday pay; and

(F) In the case of officers and members of divisions of the Fire Department of the District of Columbia other than the Firefighting Division, except with respect to computation of holiday pay, a biweekly rate shall be divided by the number of hours constituting the biweekly tour of duty in order to derive an hourly rate.

(2) All rates shall be computed to the nearest cent, counting one-half cent and over as a whole cent.

(c) For all officers and employees referred to in this act, or the District of Columbia Police and Firemen’s Salary Act of 1958, each pay period shall cover 2 administrative workweeks except that with respect to employees of the Fire Department the 1st pay period shall be for the period July 1 to July 11, 1953, inclusive.

---

Subchapter II. Holiday Compensation.

§ 5–521.01. Compensation for working on holidays.

Under regulations promulgated by the Council of the District of Columbia, each officer and member of the Metropolitan Police force and of the Fire Department of the District of Columbia, when he may be required to work on any holiday, shall be compensated for such duty, excluding periods when he is in a leave status, in lieu of his regular rate of basic compensation for such work, at the rate of twice such regular rate of basic compensation; provided, that for the purpose of this subchapter, each such officer or member who works 8 hours or less on any holiday shall be compensated for such duty in addition to his regular rate of basic compensation for such work, at the rate of one eighth of his daily rate of basic compensation for each hour so worked, computed to the nearest hour, counting 30 minutes or more as a full hour; provided further, that, when an officer or member is authorized or directed to work on a holiday and such officer or member is required to work longer than his regular tour of duty, he shall be compensated for such overtime in accordance with the provisions of subsection (e) of § 5-1304. Appropriations for personal services for the Metropolitan Police force, the Fire Department of the District of Columbia, and the United States Park Police Force shall be available for payment of the additional compensation authorized by this subchapter.

---

§ 5–521.02. “Holiday” defined.

As used in § 5-521.01, the word “holiday” means the following: The 1st day of January, the 3rd Monday in February, the 4th day of July, the last Monday in May, the 1st Monday in September, the 2nd Monday in October, the 4th Monday in October, Thanksgiving Day, the 25th day of December, and, with respect to officers and members of the Metropolitan Police force and the Fire Department of the District of Columbia, such other holidays as may be designated by the Council of the District of Columbia, and with respect to officers and members of the United States Park Police force, such other holidays as may be designated by executive order.

---

§ 5–521.03. Applicability of subchapter to United States Secret Service Uniformed Division and United States Park Police force.

The provisions of this subchapter shall be applicable to the United States Park Police force under regulations promulgated by the Secretary of the Interior.

---

Subchapter II-A. Fire and Emergency Medical Services Overtime Settlement Fund.

§ 5–525.01. Fire and Emergency Medical Services Overtime Settlement Fund.

(a) There is established as a special fund the Fire and Emergency Medical Services Overtime Settlement Fund (“Fund”), which shall be administered by the Office of the City Administrator in accordance with subsection (c) of this section.

(b)(1) Subject to paragraph (2) of this subsection, there shall be deposited into the Fund:

(A) Excess Fiscal Year 2015 revenues certified by the Chief Financial Officer in the June 2015 quarterly revenue estimate; and

(B) Immediately upon completion of the fiscal year-end close, the undesignated and unreserved end-of-the-year fund balance of the General Fund of the District of Columbia.

(2) The Chief Financial Officer shall deposit into the Fund only the amount necessary to fully satisfy the District’s obligations referenced in subsection (c) of this section. Any excess above that amount shall be deposited into the unrestricted fund balance of the General Fund of the District of Columbia, subject to any allocation required by § 47-392.02.

(c) The Fund shall be used to pay the District’s obligations arising from the decision of the District of Columbia Court of Appeals in District of Columbia Fire and Emergency Medical Services Department v. District of Columbia Public Employee Relations Board, et al., 105 A.3d 992 (D.C. 2014).

District of Columbia Fire and Emergency Medical Services Department v. District of Columbia Public Employee Relations Board, et al.

(d) The money deposited into the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.

---

§ 5–525.02. Applicability.

If funds deposited under § 5-525.01(b) are sufficient to fully satisfy the District’s obligations arising from the decision of the District of Columbia Court of Appeals inDistrict of Columbia Fire and Emergency Medical Services Department v. District of Columbia Public Employee Relations Board, et al., 105 A.3d 992 (D.C. 2014) , as certified by the Chief Financial Officer, § 5-525.01 shall not apply.

---

Subchapter III. Salary Classifications.

Part A. Salary Schedules.

§ 5–541.01. Salary schedule; maximum compensation permitted.

(a) Except as provided in subsections (a-1) and (b) of this section, the annual rates of basic compensation of the officers and members of the Metropolitan Police force and the Fire Department of the District of Columbia shall be fixed in accordance with the following schedule of rates:

(a-1) The Chief of Police, effective January 2, 2007, and the Fire Chief, effective April 16, 2007, shall be paid in accordance with the DX Schedule for subordinate agency heads pursuant to § 1-610.52.

(b) Compensation may not be paid, by reason of any provision of this subchapter, at a rate in excess of the rate of basic pay for level V of the Executive Schedule contained in subchapter II of Chapter 53 of Title 5, United States Code.

(c) Notwithstanding any other law or regulation, the annual rates of basic compensation of officers appointed pursuant to § 1-610.72 shall be established by the salary schedule established in subsection (a) of this section as modified pursuant to § 5-545.06a.

---

Part B. Method of Assignment of Employees to Salary Schedules.

§ 5–542.01. Adjustments.

The rates of basic compensation of officers and members in active service on the effective date of the District of Columbia Police and Firemen’s Salary Act Amendments of 1972 shall be adjusted as follows:

(1) Each officer or member receiving basic compensation immediately prior to such effective date at one of the scheduled service step rates of subclass (a) or (b) of salary class 1 in the salary schedule in effect on the day next preceding such effective date shall be placed in and received basic compensation in salary class 1 in the salary schedule in effect on and after such date, and each such officer or member shall be placed at the respective service step in which he was serving immediately prior to such date. Each officer or member receiving basic compensation immediately prior to such date at one of the scheduled longevity step rates of subclass (a) or (b) of salary class 1 in the salary schedule in effect on the day next preceding such effective date shall be placed in and receive basic compensation in salary class 1 in the salary schedule in effect on and after such date, and each such officer or member shall be placed in a service step as follows:

(2) Each officer or member receiving basic compensation immediately prior to such effective date at one of the scheduled service step rates of subclass (a) or (b) of salary class 2 in the salary schedule in effect on the day next preceding such effective date shall be placed in and receive basic compensation in salary class 2 in the salary schedule in effect on and after such date, and each shall be placed at the respective service step in which he was serving immediately prior to such date. Each officer or member receiving basic compensation immediately prior to such date at one of the scheduled longevity step rates of subclass (a) or (b) of salary class 2 in the salary schedule in effect on the day next preceding such effective date shall be placed in and receive basic compensation in salary class 2 in the salary schedule in effect on and after such date, and each such officer or member shall be placed in a service step as follows:

(3) Each officer or member receiving basic compensation immediately prior to such effective date at one of the scheduled service step rates of salary class 3, 5, 6, 7, 8, or 9 in the salary schedule in effect on the day next preceding such effective date shall receive a rate of basic compensation at the corresponding scheduled service step and salary class in the salary schedule in effect on and after such date. Each officer or member receiving basic compensation immediately prior to such date at one of the scheduled longevity step rates of salary class 3, 5, 6, 7, 8, or 9 in the salary schedule in effect on the day next preceding such effective date shall receive basic compensation at the corresponding salary class in the salary schedule in effect on and after such date, and each shall be placed in a service step as follows:

(4) Each officer or member receiving basic compensation immediately prior to such effective date at one of the scheduled service step rates of subclass (a), (b), or (c) of salary class 4 in the salary schedule in effect on the day next preceding such effective date shall be placed in and receive basic compensation in salary class 4 in the salary schedule in effect on or after such date, and each shall be placed at the respective service step in which he was serving immediately prior to such date. Each officer or member receiving basic compensation immediately prior to such date at one of the scheduled longevity step rates of subclass (a), (b), or (c) of salary class 4 in the salary schedule in effect on the day next preceding such effective date shall be placed in and receive basic compensation in salary class 4 in the salary schedule in effect on and after such date, and each shall be placed in a service step as follows:

(5) Each officer or member receiving basic compensation immediately prior to such effective date at one of the scheduled service step rates of salary class 10 or 11 in the salary schedule in effect on the day next preceding such effective date shall receive a rate of basic compensation at the corresponding scheduled service step and salary class in the salary schedule in effect on and after such date, except that any such officer or member who immediately prior to such date was serving in service step 4 of salary class 10 or in service step 3 of salary class 11 shall be placed in and receive basic compensation in a service step as follows:

---

§ 5–542.02. Additional compensation for helicopter pilot, bomb disposal, or scuba diving duty.

Each officer or member of the Metropolitan Police Force, including, notwithstanding any other law or regulation, each officer or member appointed pursuant to § 1-610.72, and United States Park Police force assigned on or after the effective date of the District of Columbia Police and Firemen’s Salary Act Amendments of 1972: (1) to perform the duty of a helicopter pilot; or (2) to render explosive devices ineffective or to otherwise dispose of such devices shall receive, in addition to his scheduled rate of basic compensation, $2,270 per annum, except in the case of an officer or member of the United States Park Police, who shall receive a per annum amount equal to 7 percent of the sum of such officer’s or member’s rate of basic compensation plus locality pay adjustments, so long as he remains in such assignment. Further, each officer or member of the metropolitan police force assigned on or after August 29, 1972, to the Harbor Patrol division within the Metropolitan Police Department as scuba divers shall receive in addition to his or her scheduled rate of basic compensation, $2,710 per annum so long as he or she remains in such assignment. The additional compensation authorized by this section shall be paid to an officer or member in the same manner as he is paid basic compensation to which he is entitled, except that when such an officer or member ceases to be in such an assignment, the loss of such additional compensation shall not constitute an adverse action for the purposes of § 7511 et seq. of Title 5 of the United States Code. No officer or member who receives the additional compensation authorized by this section may receive additional compensation under § 5-543.02.

---

§ 5–542.03. Classification of aide to Fire Marshal.

The aide to the Fire Marshal shall be included as a fire inspector in salary class 2.

---

Part C. Method of Appointment, Advancement, Promotion, and Demotion.

§ 5–543.01. Minimum rate for original appointments; rates for reappointments.

(a) Except as provided in subsections (b) and (c) of this section, all original appointments of police and fire privates shall be made at the minimum rate set forth in the schedule in § 5-541.01, and the 1st year of service shall be probationary.

(b) Any officer or member of the Metropolitan Police force, the Fire Department of the District of Columbia, or the United States Park Police force who separates from that force, Department, or Division, and who is subsequently reappointed to such force, Department, or Division within 3 years after the date of such separation shall receive any scheduled rate of basic compensation provided in salary class 1 of the salary schedule in § 5-541.01(a) which does not exceed the scheduled rate of basic compensation being paid at the time of such reappointment for the class and service step he had attained at the time of his separation. For purposes of this subsection, no additional compensation authorized by this subchapter shall be used in determining service step placement.

(c) Notwithstanding any other law or regulation, employees appointed pursuant to § 1-610.72 shall be appointed at a step of Class 1 consistent with that officer’s law enforcement experience, without regard to any time in grade or prior Departmental service or incumbency requirements. Such employees shall serve an 18-month probationary period.

---

§ 5–543.02. Technicians’ positions.

(a) The Mayor of the District of Columbia, in the case of the Metropolitan Police force and the Fire Department of the District of Columbia, and the Secretary of the Interior, in the case of the United States Park Police force, are authorized to establish and determine, from time to time, the positions in salary classes 1, 2, and 4 to be included as technicians’ positions.

(b) Each officer or member: (1) Who immediately prior to the effective date of the District of Columbia Police and Firemen’s Salary Act Amendments of 1972: (A) Was in a position assigned to subclass (b) of salary class 1 or 2 or subclass (c) of salary class 4; or (B) was in salary class 4 and was performing the duty of a dog handler; or (2) whose position is determined under subsection (a) of this section to be included in salary class 1, 2, or 4 on or after such date as a technician’s position shall on or after such date receive, in addition to his scheduled rate of basic compensation, $810 per annum, except in the case of an officer or member of the United States Park Police, who shall receive a per annum amount equal to 6 percent of the sum of such officer’s or member’s rate of basic compensation plus locality pay adjustments. An officer or member described in clause (1)(A) or (2) of this subsection shall receive the additional compensation authorized by this subsection until his position is determined under subsection (a) of this section not to be included in salary class 1, 2, or 4, as a technician’s position or until he no longer occupies such position, whichever occurs first. An officer or member described in clause (1)(B) of this subsection shall receive such compensation until the position of dog handler is determined under subsection (a) of this section not to be included in salary class 4 as a technician’s position or until he no longer performs the duty of dog handler, whichever first occurs. If the position of dog handler is included under subsection (a) of this section as a technician’s position, an officer or member performing the duty of a dog handler may not receive both the additional compensation authorized for an officer or member occupying a technician’s position and the additional compensation authorized for officers and members performing the duty of a dog handler.

(c) Each officer or member who immediately prior to the effective date of the District of Columbia Police and Firemen’s Salary Act Amendments of 1972 was assigned as a detective sergeant in subclass (b) of salary class 4 shall, on or after such date, receive, in addition to his scheduled rate of basic compensation, $595 per annum, except in the case of an officer or member of the United States Park Police, who shall receive a per annum amount equal to 6 percent, of the sum of such officer’s or member’s rate of basic compensation plus locality pay adjustments so long as he remains in such assignment. Each officer or member who is promoted after such date to the rank of detective sergeant shall receive, in addition to his scheduled rate of basic compensation, $595 per annum, except in the case of an officer or member of the United States Park Police, who shall receive a per annum amount equal to 6 percent of the sum of such officer’s or member’s rate of basic compensation plus locality pay adjustments, so long as he remains in such assignment.

(d) The additional compensation authorized by subsections (b) and (c) of this section shall be paid to an officer or member in the same manner as he is paid the basic compensation to which he is entitled.

(e) Whenever any officer or member (other than an officer or member of the United States Park Police) receiving additional compensation authorized by subsection (b) or (c) of this section is no longer entitled to receive such additional compensation, without a change in salary class, he shall receive, irrespective of any subsequent salary schedule or service step adjustment authorized by this subchapter, basic compensation equal to the sum of his existing scheduled rate of basic compensation and the amount of such additional compensation until his scheduled rate of basic compensation equals or exceeds such sum.

(f) The loss of the additional compensation authorized by subsection (b) or (c) of this section shall not constitute an adverse action for the purposes of § 7511 et seq. of Title 5 of the United States Code.

(g) Notwithstanding any other law or regulation, employees appointed pursuant to § 1-610.72 shall be eligible for the additional compensation in accordance with this section.

---

§ 5–543.03. Service step adjustments.

(a) Except as provided in paragraph (5) of this section, each officer and member, if he has a current performance rating of “satisfactory” or better, shall have his service step adjusted in the following manner:

(1) Each officer and member in service step 1, 2, or 3 of salary class 1 shall be advanced in compensation successively to the next higher service step at the beginning of the 1st pay period immediately subsequent to the completion of 52 calendar weeks of active service in his service step;

(2) Each officer and member in service step 4 or 5 of salary class 1 shall be advanced in compensation successively to the next higher service step at the beginning of the 1st pay period immediately subsequent to the completion of 104 calendar weeks of active service in his service step;

(3) Each officer and member in service step 6, 7, or 8 of salary class 1 shall be advanced in compensation successively to the next higher service step at the beginning of the 1st pay period immediately subsequent to the completion of 156 calendar weeks of active service in his service step; and

(4) Each officer and member in salary classes 2 through 11 who has not attained the maximum service step rate of compensation for the rank or title in which he is placed shall be advanced in compensation successively to the next higher service step rate for such rank or title at the beginning of the 1st pay period immediately subsequent to the completion of 104 calendar weeks of active service in his service step, except that in the case of an officer or member in service step 4, 5, or 6 of salary class 2 or 3, service step 4 or 5 of salary class 4, and service step 4 of salary class 5, such officer or member shall be advanced successively to the next higher service step at the beginning of the 1st pay period immediately subsequent to the completion of 156 calendar weeks of active service in his service step.

(5) Each officer and member of the United States Park Police with a current performance rating of “satisfactory” or better, shall have a service step adjustment in the following manner:

(A) Each officer and member in service step 1, 2, or 3 shall be advanced in compensation successively to the next higher service step at the beginning of the 1st pay period immediately subsequent to the completion of 52 calendar weeks of active service in the officer’s or member’s service step.

(B) Each officer and member in service step 4, 5, 6, 7, 8, or 9 shall be advanced in compensation successively to the next higher service step at the beginning of the 1st pay period immediately subsequent to the completion of 104 calendar weeks of active service in the officer’s or member’s service step.

(C) Each officer and member in service step 10 shall be advanced in compensation successively to the next higher service step at the beginning of the 1st pay period immediately subsequent to the completion of 156 calendar weeks of active service in the officer’s or member’s service step.

(D) Each officer and member in service steps 11, 12, or 13 shall be advanced in compensation successively to the next higher service step at the beginning of the 1st pay period immediately subsequent to the completion of 208 calendar weeks of active service in the officer’s or member’s service step.

(b) As used in this part, the term “calendar week of active service” includes all periods of leave with pay, and periods of nonpay status which do not cumulatively equal 1 basic workweek.

(c) Notwithstanding any other law or regulation, employees appointed pursuant to § 1-610.72 shall receive compensation as a result of promotion or transfer in accordance with this section.

---

§ 5–543.04. Promotion or transfer.

(a) Except as otherwise provided in subsection (b) or (c) of this section, any officer or member who is promoted or transferred to a higher salary class shall receive basic compensation at the lowest scheduled rate of such higher salary class which exceeds his existing scheduled rate of basic compensation by not less than 1 step increase of the next higher step of the salary class from which he is promoted or transferred.

(b) Any officer or member receiving additional compensation as provided in § 5-543.02 who is promoted or transferred to a higher salary class shall receive basic compensation at the lowest scheduled rate of such higher class which exceeds his existing scheduled rate of basic compensation by at least the sum of 1 step increase of the next higher step of the salary class from which he is promoted or transferred and the amount of such additional compensation.

(c) Notwithstanding any other law or regulation, employees appointed pursuant to § 1-610.72 shall receive compensation as a result of promotion or transfer in accordance with this section.

(d)(1) Each officer and member of the United States Park Police who is promoted or transferred to a higher salary shall receive basic compensation in accordance with the officer’s or member’s total creditable service.

(2) For purposes of this subsection, an officer’s or member’s creditable service is any police service in pay status with the United States Secret Service Uniformed Division, United States Park Police, or Metropolitan Police Department.

---

§ 5–543.05. Demotion.

Whenever any officer or member of the Metropolitan Police force, including, notwithstanding any other law or regulation, any employee appointed pursuant to § 1-610.72, the Fire Department of the District of Columbia, or the United States Park Police force is changed or demoted from any class to a lower class, the Mayor of the District of Columbia, or the Secretary of the Interior, as the case may be, may, in his discretion, in changing or demoting such officer or member, fix his rate of compensation at any rate provided for the class to which he is changed or demoted which does not exceed his existing rate of compensation, except that if his existing rate falls between 2 step rates provided in such lower class, he may receive the higher of such rates.

---

Part D. Longevity.

§ 5–544.01. Service longevity.

(a)(1) In recognition of long and faithful continuous service, each officer and member in the active service on or after August 29, 1972, except for the Chief of Police and the Fire Chief, shall receive per annum, in addition to the rate of basic compensation prescribed in the salary schedule contained in § 5-541.01, as modified pursuant to § 5-545.06a, an amount computed in accordance with the following table; provided, that for each Assistant Fire Chief, Deputy Fire Chief, and Battalion Fire Chief in active service, longevity pay shall be calculated based on the Class and Service Step that the member occupies:

(1A) Repealed.

(1B) Notwithstanding this subsection or any other provision of law, Cathy L. Lanier, Chief of Police, upon completion of 25 years of continuous service with the Metropolitan Police Department, effective September 24, 2015, shall receive in addition to her respective salary set in accordance with § 1-610.52, an amount computed by multiplying her salary by five per centum for her years of service.

(2) For purposes of paragraph (1) of this subsection, continuous service as an officer or member includes only those periods of his service determined to have been satisfactory service and any period of his service in the Armed Forces of the United States other than any period of such service:

(A) Determined not to have been satisfactory service;

(B) Rendered before appointment as an officer or member; or

(C) Rendered after resignation as an officer or member.

(3)(A) Subject to the availability of federal or local appropriations, each officer and member of the Metropolitan Police Department appointed on or before February 15, 1980, shall receive additional compensation in accordance with paragraph (1) of this subsection only as long as he remains in the active service. The additional compensation shall be paid in the same manner as the basic compensation to which such officer or member is entitled and shall be subject to the same deductions as basic compensation, but shall not be considered as salary for the purpose of computing insurance coverage under the provisions of Chapter 87 of Title V of the United States Code. The additional compensation shall be included for purposes of retirement annuity calculations only for those officers and members who complete 20 years of active service prior to retirement. The District of Columbia and the Secretary of the Treasury are authorized to estimate the additional compensation for longevity for purposes of retirement annuity calculations for annuitants who retired on or after August 29, 1972, and on or before December 31, 2001. The District of Columbia and the Secretary of the Treasury are authorized to make payments based upon the use of such estimates. For the purpose of computing credit for service longevity in calculating retirement annuities pursuant to this subparagraph, active service includes any service that is creditable under § 5-704.

(B) Subject to the availability of federal or local appropriations, each officer and member of the Metropolitan Police Department appointed after February 15, 1980, shall receive additional compensation in accordance with paragraph (1) of this subsection only as long as he remains in the active service. The additional compensation shall be paid in the same manner as the basic compensation to which the officer or member is entitled and shall be subject to the same deduction as basic compensation, but shall not be considered as salary for the purpose of computing insurance coverage under the provisions of Chapter 87 of Title V of the United States Code. Such additional compensation shall be included for purposes of retirement annuity calculations only for those officers and members who complete 25 years of active service prior to retirement. The District of Columbia and the Secretary of the Treasury are authorized to estimate the additional compensation for longevity for purposes of retirement annuity calculations for annuitants who retired on or after August 29, 1972, and on or before December 31, 2001. The District of Columbia and the Secretary of the Treasury are authorized to make payments based upon the use of such estimates. For the purpose of computing credit for service longevity in calculating retirement annuities pursuant to this subparagraph, active service includes any service that is creditable under § 5-704.

(B-i) Each member of the Fire Service shall receive additional compensation in accordance with paragraph (1) of this subsection only as long as the member remains in the active service. The additional compensation shall be paid in the same manner as the basic compensation to which the member is entitled and shall be subject to the same deductions as basic compensation. The service longevity payment shall be considered basic compensation for the purposes of retirement, calculation of survivor benefits and annuities under § 5-716, life insurance, and other forms of premium pay, for each member who retires on or after February 15, 1980. For the purpose of computing credit for service longevity in calculating retirement annuities pursuant to this subparagraph, active service includes any service that is creditable under § 5-704.

(B-ii) For the purposes of retirement benefits based on the service longevity compensation provided for in this paragraph, the District government shall be liable financially only for District contributions to and payments from the District of Columbia Police Officers and Fire Fighters’ Retirement Fund, established by § 1-712, for those benefits accrued or earned on or after July 1, 1997.

(C) Subject to the availability of federal or local appropriations, § 5-745(c) and (e) shall not apply to compensation for service longevity provided for in this paragraph.

(4) This subsection shall not apply to officers and members of the United States Secret Service Uniformed Division or the United States Park Police.

(b) Notwithstanding any other provision of this or any other law, individuals retired from active service prior to the effective date of the District of Columbia Police and Firemen’s Salary Act Amendments of 1972, and who are entitled to receive a pension relief allowance or retirement compensation under subchapter I of Chapter 7 of this title, shall not be entitled to receive an increase in their pension relief allowance or retirement compensation by reason of the enactment of this section.

(c) Notwithstanding any other provision of this or any other law, each Deputy Chief of the Metropolitan Police force and of the Fire Department of the District of Columbia shall, upon completion of 30 years of continuous service on the police force or Fire Department, as the case may be, be placed in, and receive basic compensation at, the highest service step in the salary class to which his position is assigned in the salary schedule contained in § 5-541.01. For purposes of this subsection, in computing a Deputy Chief ’s continuous service on the police force or Fire Department, there shall be included only those periods of his service determined to have been satisfactory service and any period of his service in the Armed Forces of the United States other than any period of such service:

(1) Determined not to have been satisfactory service;

(2) Rendered before appointment as an officer or member; or

(3) Rendered after resignation as an officer or member.

(d)(1) Notwithstanding any other law or regulation, employees appointed pursuant to § 1-610.72 shall be eligible for compensation in accordance with this section.

(2) Notwithstanding any other law or regulation, for employees appointed pursuant § 1-610.72, years of law enforcement experience shall constitute years of continuous service to the District of Columbia for purposes of this section.

(e) For employees transferred pursuant to § 5-409.01, any continuous prior service with the District of Columbia Fire and Emergency Medical Services Department shall constitute years of continuous service to the District of Columbia for the purposes of this section.

---

Part E. Miscellaneous Provisions.

§ 5–545.01. Basic compensation of officers and members of United States Park Police and United States Secret Service Uniformed Division.

(a) Except as provided in subsections (b) and (c) of this section, the rates of basic compensation of officers and members of the United States Park Police shall be the same as the rates of compensation, including longevity increases, provided in this subchapter, for officers and members of the Metropolitan Police force in corresponding or similar classes.

(b)(1) Effective at the beginning at the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under § 5305 of Title 5, United States Code, in the rates of pay under General Schedule, the annual rate of basic compensation of officers and members of the United States Park Police force shall be adjusted by the Secretary of the Interior, by an amount (rounded to the next highest multiple of $5) equal to the percentage of such annual rate of pay which corresponds to the overall percentage (as set forth in the applicable report transmitted to the Congress under such § 5305) of the adjustment made in the rates of pay under the General Schedule.

(2) No adjustment in the annual rate of basic compensation of such officers and members may be made except in accordance with paragraph (1) of this subsection.

(3) Any reference in any law to the salary schedule in § 5-541.01 with respect to officers and members of the United States Park Police force shall be considered to be a reference to such schedule as adjusted in accordance with this subsection.

(4) This subsection shall not apply with respect to any pay period for which the salary schedule under subsection (c) applies to the United States Park Police.

(c)(1) The annual rates of basic compensation of officers and members of the United States Park Police, serving in classes corresponding or similar to those in the salary schedule in § 5-541.01 shall be fixed in accordance with the following schedule of rates:

(2) Effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 of title 5, United States Code (or any subsequent similar provision of law), in the rates of pay under the General Schedule (or any pay system that may supersede such schedule), the annual rates of basic compensation of officers and members of the United States Park Police shall be adjusted by the Secretary of the Interior, by an amount equal to the percentage of such annual rate of pay which corresponds to the overall percentage of the adjustment made in the rates of pay under the General Schedule, except that in no case may the annual rate of basic compensation for any such officer or member exceed the rate of basic pay payable for level IV of the Executive Schedule contained in subchapter II of chapter 53 of title 5, United States Code.

(3) Locality-based comparability payments authorized under section 5304 of title 5, United States Code, shall be applicable to the basic pay under this section, except locality-based comparability payments may not be paid at a rate which, when added to the rate of basic pay otherwise payable to the officer or member, would cause the total to exceed the rate of basic pay payable for level IV of the Executive Schedule.

(4) Repealed.

(5) Any reference in any law to the salary schedule in § 5-541.01 with respect to officers and members of the United States Park Police shall be considered to be a reference to the salary schedule in paragraph (1) of this subsection as adjusted in accordance with this subsection.

(6)(A) Except as otherwise permitted by or under law, no allowance, differential, bonus, award, or other similar cash payment under this part or under Title 5, United States Code, may be paid to an officer or member of the United States Park Police in a calendar year if, or to the extent that, when added to the total basic pay paid or payable to such officer or member for service performed in such calendar year as an officer or member, such payment would cause the total to exceed the annual rate of basic pay payable for level I of the Executive Schedule, as of the end of such calendar year.

(B) This paragraph shall not apply to any payment under the following provisions of Title 5, United States Code:

(i) Subchapter III or VII of chapter 55, or section 5596.

(ii) Chapter 57 (other than section 5753, 5754, or 5755).

(iii) Chapter 59 (other than section 5928).

(7)(A) Any amount which is not paid to an officer or member of the United States Park Police in a calendar year because of the limitation under paragraph (6) of this section shall be paid to such officer or member in a lump sum at the beginning of the following year.

(B) Any amount paid under this paragraph in a calendar year shall be taken into account for purposes of applying the limitations under paragraph (6) of this subsection with respect to such calendar year.

(8) The Office of Personnel Management shall prescribe regulations as may be necessary (consistent with section 5582 of title 5, United States Code) concerning how a lump-sum payment under paragraph (7) of this subsection shall be made with respect to any employee who dies before an amount payable to such employee under paragraph (7) of this subsection is made.

---

§ 5–545.02. [Reserved].

§ 5–545.03. Subchapter not construed to decrease compensation; exception as to vacancy.

Nothing contained in §§ 5-541.01 to 5-545.06 shall be construed to decrease the existing rate of compensation of any present officer or member, but when his position becomes vacant any subsequent appointee to such position shall be compensated in accordance with the rate of pay applicable to such position.

---

§ 5–545.04. Council authorized to promulgate regulations.

The Council of the District of Columbia is hereby authorized to promulgate such regulations as it may deem necessary to carry out the intent and purposes of §§ 5-541.01 to 5-545.06.

---

§ 5–545.05. Retroactive salary.

(a) Retroactive salary shall be paid by reason of §§ 5-541.01 to 5-545.06 only in the case of an individual in the service of the United States (including service in the Armed Forces of the United States) or the municipal government of the District of Columbia on August 1, 1958, except that retroactive salary shall be paid:

(1) To an officer or member of the Metropolitan Police force, the Fire Department of the District of Columbia, the United States Park Police force, or the United States Secret Service Uniformed Division, who retired during the period beginning on the 1st day of the 1st pay period which began after January 1, 1958, and ending on August 1, 1958, for services rendered during such period; and

(2) In accordance with the provisions of §§ 5581 to 5583 of Title 5, United States Code, for services rendered during the period beginning on the 1st day of the 1st pay period which began after January 1, 1958, and ending on August 1, 1958, by an officer or member who dies during such period.

(b) For the purposes of this section, 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 federal government or the municipal government of the District of Columbia.

---

§ 5–545.06. Delegation of powers and functions.

The Mayor of the District of Columbia and the Secretary of the Interior are hereby authorized to delegate, from time to time, to their designated agent or agents, any power or function vested in them by §§ 5-541.01 to 5-545.06, except those powers and functions vested in them by §§ 5-543.05 and 5-545.04.

---

§ 5–545.06a. Council authorized to change or suspend provisions.

(a) The Council of the District of Columbia is authorized to change or suspend by resolution the provisions of §§ 5-541.01, 5-542.01, 5-542.02, 5-542.03, 5-543.01, 5-543.02, 5-543.03, 5-543.04, 5-543.05, 5-544.01, 5-545.01, and 5-545.03 insofar as they relate to officers and members of the Metropolitan Police Department and the Fire and Emergency Medical Services Department.

(b) The Council’s authority to act pursuant to subsection (a) of this section shall be effective beginning on January 1, 1980.

---

Subchapter IV. Conversion of New Salary Schedule.

§ 5–561.01. Conversion to new salary schedule, 1997.

Repealed.

---

§ 5–561.02. Conversion to new salary schedule, 2000.

(a)(1) Effective on the first day of the 1st pay period beginning 6 months after December 21, 2000, the Secretary of the Interior shall fix the rates of basic pay for officers and members of the United States Park Police, in accordance with this subsection.

(2)(A) Each officer and member shall be placed in and receive basic compensation at the corresponding scheduled service step of the salary schedule under § 5-545.01(c) in accordance with the member’s total years of creditable service, receiving credit for all service step adjustments. If the scheduled rate of pay for the step to which the officer or member would be assigned in accordance with this paragraph is lower than the officer’s or member’s salary immediately prior to the enactment of this paragraph, the officer or member will be placed in and receive compensation at the next higher service step.

(B) Each member whose position is to be converted to the salary schedule under § 5-545.01(b) and who, prior to the effective date of this section has earned, but has not been credited with, an increase in his or her rate of pay shall be afforded that increase before such member is placed in the corresponding service step in the salary schedule under § 5-545.01(b).

(C) For purposes of this paragraph, an officer’s or member’s creditable service is any police service in pay status with the United States Secret Service Uniformed Division, United States Park Police, or Metropolitan Police Department.

(b) Notwithstanding any other provision of law, if the total rate of compensation for an officer or employee for any pay period occurring after conversion to the salary schedule pursuant to subsection (a) of this section (determined by taking into account any locality-based comparability adjustments, longevity pay, and other adjustments paid in addition to the rate of basic compensation) is less than the officer’s or employee’s total rate of compensation (as so determined) on the date of enactment, the rate of compensation for the officer or employee for the pay period shall be equal to:

(1) The rate of compensation on December 21, 2000 (as so determined), increased by;

(2) A percentage equal to 50% of sum of the percentage adjustments made in the rate of basic compensation under § 5-545.01(c) for pay periods occurring after the date of enactment and prior to the pay period involved.

(c) The conversion of positions and individuals to appropriate classes of the salary schedule under § 5-545.01(c) and the initial adjustments of rates of basic pay of those positions and individuals in accordance with subsection (a) of this section shall not be considered to be transfers or promotions within the meaning of § 5-543.04.

(d) Each individual whose position is converted to the salary schedule under § 5-545.01(c) in accordance with subsection (a) of this section shall be granted credit for purposes of such individual’s first service step adjustment under the salary schedule in § 5-545.01(c) for all satisfactory service performed by the individual since the individual’s last increase in basic pay prior to the adjustment under § 5-545.01(c).

(e) The rates provided under the salary schedule under § 5-545.01(c) shall be increased by the percentage of any annual adjustment applicable to the General Schedule authorized under section 5303 of title 5, United States Code, which takes effect during the period which begins on December 21, 2000, and ends on the first day of the first pay period beginning 6 months after December 21, 2001.

(f) The conversion of positions and individuals to appropriate classes of the salary schedule under § 5-545.01(c) and the initial adjustments of rates of basic pay of those positions and individuals in accordance with subsection (a) of this section shall not be treated as an increase in salary for purposes of § 5-744 or § 5-745.

---

Subchapter V. Federal Law Enforcement Pay Reform.

§ 5–563.01. Termination of existing special salary rates and adjustments.

Beginning on December 21, 2000:

(1) No existing special salary rates shall be authorized for members of the United States Park Police under section 5305 of title 5, United States Code (or any previous similar provision of law); and

(2) No special rates of pay or special pay adjustments shall be applicable to members of the United States Park Police pursuant to section 405 of the Federal Law Enforcement Pay Reform Act of 1990.

---

§ 5–563.02. Freeze of current rate for locality-based comparability adjustments.

Notwithstanding any other provision of law, including the Law Enforcement Pay Equity Act of 2000 or any provision of law amended by the Law Enforcement Pay Equity Act of 2000, no officer or member of the United States Secret Service Uniformed Division or the United States Park Police may be paid locality pay under section 5304 or section 5304a of title 5, United States Code , at a percentage rate for the applicable locality in excess of the rate in effect for pay periods during calendar year 2000.

---