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The DC Code: § 1-626.02 Retirement systems.

Index1 Government Organization. (Refs & Annos)

Existing retirement systems, which include the Civil Service Retirement System (Chapter 83 of Title 5 of the United States Code), Teachers' Retirement System, Police and Fire Retirement System, Teachers' Insurance and Annuity Association programs, and the Judges' Retirement System, shall continue to be applicable to all employees except that the Civil Service Retirement System pursuant to 5 U.S.C. § 8331 shall not be applicable to employees first employed after September 30, 1987.

Historical and Statutory

Prior Codifications 1981 Ed., § 1-627.2. 1973 Ed., § 1-356.2. Emergency Act Amendments Section 5 of D.C. Law 11-218 repealed D.C. Act 11-369. For temporary repeal of the Police Officers', Fire Fighters', and Teachers' Defined Benefit Pension Program Emergency Establishment Act of 1996 (D.C. Act 11-369, August 21, 1996, 41 DCR 4637), see § 5 of the New Hires Police Officers, Fire Fighters, and Teachers Pension Modification Congressional Adjournment Emergency Amendment Act of 1997 (D.C. Act 12-10, March 3, 1997, 44 DCR 1633). For temporary (90-day) amendment of section, see §§ 702 and 802 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). Legislative History of Laws For legislative history of D.C. Law 2-139, see Historical and Statutory Notes following § 1-601.01. For legislative history of D.C. Law 3-81, see Historical and Statutory Notes following § 1-602.02. For legislative history of D.C. Law 7-27, see Historical and Statutory Notes following § 1-621.02. For legislative history of D.C. Law 7-104, see Historical and Statutory Notes following § 1-604.08. Law 11-218, the "New Hires Police Officers, Fire Fighters, and Teachers Pension Modification Amendment Act," was introduced in council and assigned Bill No. 11-316, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on July 3, 1996, and October 1, 1996, respectively. Signed by the Mayor on October 18, 1996, it was assigned Act No. 11-432 and transmitted to both Houses of Congress for its review. D.C. Law 11- 218 became effective April 9, 1997. Miscellaneous Notes Establishment of Pension Benefit Committee: See Mayor's Order 89-235, October 5, 1989. Retirement incentive eligibility: Section 101 of D.C. Law 11-98 requires the Mayor to identify and submit to the Council a list of which positions can be made eligible for certain retirement incentive programs. 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 702 and 802 of D.C. Law 13-38 provide: "Sec. 702. Early 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. Code § 1-612.6), the Council of the District of Columbia adopts changes to the Career and Excepted Service compensation system under section 1104 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 ( D.C. Law 2-139; D.C. Code § 1-612.4), 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 shall be effective for 120 days after the effective date of this act. "(3) The Early Out Program shall be limited to employees retiring under the voluntary early out provisions of 5 U.S.C. § 8336(d)(2). "(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 1, 1999, not to exceed $30,000, to be paid within 1 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 payments 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, for charges related to his or her employment duties, is under indictment for a felony, who has been convicted of a felony, or who plead guilty to a felony or who has been convicted after a plea of nolo contendere to 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. "(8) For the purpose of paragraph (7)(E) of this subsection, the term 'felony' means a crime for which the penalty is at least imprisonment for 1 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." "Sec. 802. 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. Code § 1-612.6), the Council of the District of Columbia adopts changes to the Career and Excepted Service compensation system under section 1104 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Code § 1-612.4), 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 shall be effective for 120 days 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 50% of an employee's annual rate of basic pay from the employee's salary or pay schedule which was in effect on October 1, 1999, not to exceed $30,000, to be paid within 1 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 payments 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, for charges related to his or her employment duties, is under indictment for a felony, who has been convicted of a felony, or who plead guilty to a felony or who has been convicted after a plea of nolo contendere to 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. "(8) For the purpose of paragraph (7)(E) of this subsection, the term 'felony' means a crime for which the penalty is at least imprisonment for 1 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." DC CODE § 1-626.02 Current through December 11, 2012

Credits

(Mar. 3, 1979, D.C. Law 2-139, § 2602, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(ee), 27 DCR 2632; Oct. 1, 1987, D.C. Law 7-27, § 2(f), 34 DCR 5079; Apr. 30, 1988, D.C. Law 7-104, § 10(a), 35 DCR 147.)