Prior Codifications

1981 Ed., § 1-612.1.

1973 Ed., § 1-341.1.

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".

Temporary Repeal of Section

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).

Temporary Enactments

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).

Emergency Act Amendments

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).

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 3-130, see Historical and Statutory Notes following § 1-611.14.

For legislative history of D.C. Law 6-177, see Historical and Statutory Notes following § 1-601.02.

For legislative history of D.C. Law 11-152, see Historical and Statutory Notes following § 1-602.02.

For Law 13-91, see notes following § 1-602.03.

For Law 14-213, see notes following § 1-603.01.

Miscellaneous 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.

Prior Codifications

1981 Ed., § 1-612.2.

1973 Ed., § 1-341.2.

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 Act Amendments

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).

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 6-177, see Historical and Statutory Notes following § 1-601.02.

For legislative history of D.C. Law 11-152, see Historical and Statutory Notes following § 1-602.02.

For legislative history of D.C. Law 12-124, see Historical and Statutory Notes following § 1-603.01.

For Law 13-91, see notes following § 1-602.03.

For Law 14-213, see notes following § 1-603.01.

Miscellaneous 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.

Prior Codifications

1981 Ed., § 1-612.3.

1973 Ed., § 1-341.3.

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). Prior to repeal, par. (6) of subsec. (a) had read as follows:

(6) "Any full-time permanent, term, or TAPER District government employee who serves in a reserve component of the United States Armed Forces who was or will be called to active duty as a result of Operation Desert Shield and Desert Storm 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 during which the employee is carried in a non-pay status from the time the employee is called into active duty, following the formal inception of Operation Desert Shield and Desert Storm, until the employee is released from active duty or until September 30, 1992, whichever occurs sooner."

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 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."

D.C. Law 19-168, in subsecs. (f)(2)(B) and (f)(4)(A), substituted "For fiscal years 2011, 2012, and 2013" for "For fiscal years 2011 and 2012"; and added subsec. (f)(4)(C).

Temporary Amendments of Section

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:

"(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 within 30 days of July 22, 2003 to implement the provisions of this paragraph."

Section 4(b) of D.C. Law 16-64 provides 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:

"(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 within 30 days of July 22, 2003 to implement the provisions of this paragraph."

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

Temporary Addition of Section

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.

Emergency Act Amendments

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 § 1-612.3a [1981 Ed.], § 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).

Legislative History of Laws

For legislative history of D.C. Law 2-139, see Historical and Statutory Notes following § 1-601.01.

Law 3-101 was introduced in Council and assigned Bill No. 3-292, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on June 17, 1980 and July 1, 1980, respectively. Signed by the Mayor on July 16, 1980, it was assigned Act No. 3-223 and transmitted to both Houses of Congress for its review.

For legislative history of D.C. Law 3-130, see Historical and Statutory Notes following § 1-611.14.

Law 4-78 was introduced in Council and assigned Bill No. 4-326, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 10, 1981 and November 24, 1981, respectively. Signed by the Mayor on December 15, 1981, it was assigned Act No. 4-126 and transmitted to both Houses of Congress for its review.

Law 6-43 was introduced in Council and assigned Bill No. 6-68, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on June 25, 1985 and July 9, 1985, respectively. Signed by the Mayor on July 16, 1985, it was assigned Act No. 6-61 and transmitted to both Houses of Congress for its review.

Law 6-126 was introduced in Council and assigned Bill No. 6-374, which was referred to the Committee Government Operations and reassigned to the Committee of the Whole. The Bill was adopted on first and second readings on April 29, 1986 and May 13, 1986, respectively. Signed by the Mayor on May 16, 1986, it was assigned Act No. 6-162 and transmitted to both Houses of Congress for its review.

Law 6-127 was introduced in Council and assigned Bill No. 6-426, which was retained by CounciL. The Bill was adopted on first and second readings on April 15, 1986 and April 29, 1986, respectively. Signed by the Mayor on May 16, 1986, it was assigned Act No. 6-163 and transmitted to both Houses of Congress for its review.

Law 6-142 was introduced in Council and assigned Bill No. 6-427, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on June 10, 1986 and June 24, 1986, respectively. Signed by the Mayor on July 8, 1986, it was assigned Act No. 6-184 and transmitted to both Houses of Congress for its review.

For legislative history of D.C. Law 8-190, see Historical and Statutory Notes following § 1-621.14.

Law 9-12 was introduced in Council and assigned Bill No. 9-149, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on April 9, 1991, and May 7, 1991, respectively. Signed by the Mayor on May 17, 1991, it was assigned Act No. 9-30 and transmitted to both Houses of Congress for its review.

Law 10-65, the "Omnibus Spending Reduction Act of 1993," was introduced in Council and assigned Bill No. 10-323, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on July 21, 1993, and September 21, 1993, respectively. Signed by the Mayor on October 6, 1993, it was assigned Act No. 10-120 and transmitted to both Houses of Congress for its review. D.C. Law 10-65 became effective on November 25, 1993.

Law 10-136, the "Retired Police Officer Public Schools Security Personnel Deployment Amendment Act of 1994," was introduced in Council and assigned Bill No. 10-113, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on April 12, 1994, and May 3, 1994, respectively. Signed by the Mayor on May 18, 1994, it was assigned Act No. 10- 241 and transmitted to both Houses of Congress for its review. D.C. Law 10-136 became effective on July 23, 1994.

Law 10-172, the "Comprehensive Merit Personnel Reemployed Annuitant Amendment Act of 1994," was introduced in Council and assigned Bill No. 10-571, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on June 21, 1994, and July 5, 1994, respectively. Signed by the Mayor on July 25, 1994, it was assigned Act No. 10-292 and transmitted to both Houses of Congress for its review. D.C. Law 10-172 became effective on September 22, 1994.

Law 10-255, the "Technical Amendments Act of 1994," was introduced in Council and assigned Bill No. 10-673, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on June 21, 1994, and July 5, 1994, respectively. Signed by the Mayor on July 25, 1994, it was assigned Act No. 10-302 and transmitted to both Houses of Congress for its review. D.C. Law 10-255 became effective on May 16, 1995.

For legislative history of D.C. Law 12-124, see Historical and Statutory Notes following § 1-603.01.

For Law 13-91, see notes following § 1-602.03.

For Law 14-28, see notes following § 1-604.06.

For Law 14-213, see notes following § 1-603.01.

Law 15-207, the "District Government Reemployed Annuitant Offset Elimination Amendment Act of 2004", was introduced in Council and assigned Bill No. 15-567, which was referred to the Committee of Government Operations. The Bill was adopted on first and second readings on June 29, 2004, and July 13, 2004, respectively. Signed by the Mayor on August 2, 2004, it was assigned Act No. 15-489 and transmitted to both Houses of Congress for its review. D.C. Law 15- 207 became effective on December 7, 2004.

Law 17-135, the "Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Amendment Act of 2008", which was introduced in Council and assigned Bill No. 17-121 which was referred to the Committee on Workforce Development and Government Operations. The Bill was adopted on first and second readings on December 11, 2007, and January 8, 2008. Signed by the Mayor on February 5, 2008, it was assigned Act No. 17-286 and transmitted to both Houses of Congress for its review. D.C. Law 17-135 became effective on March 26, 2008.

For Law 18-223, see notes following § 1-301.78.

For history of Law 19-21, see notes under § 1-301.01.

For history of Law 19-168, see notes under § 1-137.01.

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.

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.

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.

Miscellaneous Notes

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".

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

"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."

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".

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

"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.".

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".

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

"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."

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".

Short title: Section 1001 of D.C. Law 19-168 provided that subtitle A of title I of the act may be cited as "Bonus and Special Pay Limitation Act of 2012".

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

"Sec. 1002. 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."

Short title: Section 3021 of D.C. Law 19-168 provided that subtitle C of title III of the act may be cited as "Fire and Emergency Medical Services Overtime Limitation Amendment Act of 2012".

Prior Codifications

1981 Ed., § 1-612.4.

1973 Ed., § 1-341.4.

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".

Temporary Enactments

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).

Emergency Act Amendments

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).

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 3-130, see Historical and Statutory Notes following § 1-611.14.

For legislative history of D.C. Law 6-177, see Historical and Statutory Notes following § 1-601.02.

Law 8-94 was introduced in Council and assigned Bill No. 8-352, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on December 5, 1989, and December 19, 1989, respectively. Signed by the Mayor on January 11, 1990, it was assigned Act. No. 8-145 and transmitted to both Houses of Congress for its review.

Law 11-25, the "Merit Personnel Early Out Retirement Revisions Temporary Amendment Act of 1995," was introduced in Council and assigned Bill No. 11- 211. The Bill was adopted on first and second readings on April 4, 1995, and May 2, 1995, respectively. Signed by the Mayor on May 15, 1995, it was assigned Act No. 11-53 and transmitted to both Houses of Congress for its review. D.C. Law 11-25 became effective on July 14, 1995.

Law 11-122, the "Merit Personnel Early Out Retirement Revisions Amendment Act of 1996," was introduced in Council and assigned Bill No. 11-226, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on February 6, 1996, and March, 1996, respectively. Signed by the Mayor on March 15, 1996, it was assigned Act No. 11-229 and transmitted to both Houses of Congress for its review. D. C. Law 11-122 became effective on May 24, 1996.

For legislative history of D.C. Law 11-152, see Historical and Statutory Notes following § 1-602.02.

For Law 13-27, see notes following § 1-609.03.

For Law 13-91, see notes following § 1-602.03.

For Law 14-213, see notes following § 1-603.01.

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.

Miscellaneous 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 provide:

"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."

Prior Codifications

1981 Ed., § 1-612.5.

1973 Ed., § 1-341.5.

Emergency Act Amendments

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).

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 3-130, see Historical and Statutory Notes following § 1-611.14.

For legislative history of D.C. Law 6-177, see Historical and Statutory Notes following § 1-601.02.

For legislative history of D.C. Law 8-94, see Historical and Statutory Notes following § 1-611.04.

For legislative history of D.C. Law 11-152, see Historical and Statutory Notes following § 1-602.02.

For legislative history of D.C. Law 12-124, see Historical and Statutory Notes following § 1-603.01.

Miscellaneous 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 to §§ 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.

Effect of Amendments

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

Temporary Enactments

Section 2 of D.C. Law 17-134 provided 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 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.

"(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') 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 provides that the act shall expire after 225 days of its having taken effect.

Prior Codifications

1981 Ed., § 1-612.6.

1973 Ed., § 1-341.6.

Temporary Enactments

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).

Temporary Addition of Section

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.

"(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 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.

"(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 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;

"(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 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;

"(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 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 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

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).

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 3-130, see Historical and Statutory Notes following § 1-611.14.

For legislative history of D.C. Law 6-15, see Historical and Statutory Notes following § 1-608.01.

For legislative history of D.C. Law 8-94, see Historical and Statutory Notes following § 1-611.04.

For history of Law 19-115, see notes under § 1-608.01.

Resolutions

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

Miscellaneous 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 provide:

"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."

Prior Codifications

1981 Ed., § 1-612.7.

1973 Ed., § 1-341.7.

Legislative History of Laws

For legislative history of D.C. Law 12-124, see Historical and Statutory Notes following § 1-603.01.

Miscellaneous Notes

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

Prior Codifications

1981 Ed., § 1-612.8.

1973 Ed., § 1-341.8.

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".

D.C. Law 19-168 added subsec. (c)(2)(L).

Temporary Amendments of Section

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).

Emergency Act Amendments

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).

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 11-52, see Historical and Statutory Notes following § 1-603.01.

Law 12-60, the "Fiscal Year 1998 Revised Budget Support Act of 1998," was introduced in Council and assigned Bill No. 12-353, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on September 8, 1997, and October 7, 1997, respectively. Signed by the Mayor on October 24, 1997, it was assigned Act No. 12-191 and transmitted to both Houses of Congress for its review. D.C. Law 12-60 became effective on March 20, 1998.

For Law 13-38, see notes following § 1-603.01.

Law 13-298, the "Title 25, D.C. Code Enactment and Related Amendments Act of 2001," was introduced in Council and assigned Bill No. 13-449, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and final readings on December 5, 2000, and January 23, 2001, respectively. Signed by the Mayor on February 9, 2001, it was assigned Act No. 13-603 and transmitted to both Houses of Congress for its review. D.C. Law 13- 298 became effective on May 3, 2001.

For Law 14-190, see notes following § 1-301.131.

For Law 15-187, see notes following § 1-309.10.

For Law 15-205, see notes following § 1-204.42.

For Law 15-354, see notes following § 1-523.01.

For Law 16-91, see notes following § 1-301.45.

Law 16-159, the "Board of Real Property Assessments and Appeals Reform Act of 2006", was introduced in Council and assigned Bill No. 16-228 which was referred to the Committee on Finance and Revenue. The Bill was adopted on first and second readings on May 2, 2006, and June 6, 2006, respectively. Signed by the Mayor on June 26, 2006, it was assigned Act No. 16-400 and transmitted to both Houses of Congress for its review. D.C. Law 16-159 became effective on September 19, 2006.

Law 17-361, the "Alcoholic Beverage Enforcement Act of 2008", was introduced in Council and assigned Bill No. 17-983 which was referred to the Committee on Public Works and Environment. The Bill was adopted on first and second readings on December 2, 2008, and December 16, 2008, respectively. Signed by the Mayor on January 16, 2009, it was assigned Act No. 17-696 and transmitted to both Houses of Congress for its review. D.C. Law 17-361 became effective on March 25, 2009.

For history of Law 18-363, see notes under § 1-523.01.

For history of Law 19-168, see notes under § 1-137.01.

Miscellaneous 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.

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.

Short title: Section 1131 of D.C. Law 19-168 provided that subtitle M of title I of the act may be cited as "Board of Elections Member Compensation Amendment Act of 2012".

Prior Codifications

1981 Ed., § 1-612.9.

1973 Ed., § 1-341.9.

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 rewrote subsec. (b); and added subsec. (d). Prior to amendment, subsec. (b), read as follows:

"(b)(1) Members of the Council shall receive compensation in the amount of $92,530 per year and the Chairman shall receive compensation pursuant to § 1- 204.03(d), which shall be made in equal and periodic installations. The compensation shall not be subject to step, cost of living, or other increases. Pursuant to § 1-204.03(a), any future adjustments to the compensation of members of the Council and the Chairman shall be by act of the Council.

"(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; and

"(C) Any other information the Council deems necessary."

Temporary Amendments of Section

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).

Emergency Act Amendments

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).

Legislative History of Laws

For legislative history of D.C. Law 2-139, see Historical and Statutory Notes following § 1-601.01.

Law 6-175 was introduced in Council and assigned Bill No. 6-373, which was referred to the Committee on Government Operations and reassigned to the Committee of the Whole. The Bill was adopted on first and second readings on September 23, 1986 and October 21, 1986, respectively. Signed by the Mayor on October 30, 1986, it was assigned Act No. 6-224 and transmitted to both Houses of Congress for its review.

Law 10-225, the "Councilmembers' Salary Freeze Amendment Act of 1994," was introduced in Council and assigned Bill No. 10-696, which was referred to the Committee on Government Operations.  The Bill was adopted on first and second readings on November 1, 1994, and December 6, 1994, respectively.   Deemed approved without the signature of the Mayor on December 20, 1994, it was assigned Act No. 10-365 and transmitted to both Houses of Congress for its review.  D.C. Law 10-225 became effective on March 16, 1995.

For legislative history of D.C. Law 12-124, see Historical and Statutory Notes following § 1-603.01.

For Law 13-38, see notes following § 1-603.01.

For Law 16-91, see notes following § 1-301.45.

Law 16-295, the "Mayor and Council Compensation Adjustment and Compensation Advisory Commission Establishment Amendment Act of 2006", was introduced in Council and assigned Bill No. 16-1002, which was referred to Committee on the Whole. The Bill was adopted on first and second readings on November 14, 2006, and December 5, 2006, respectively. Signed by the Mayor on December 28, 2006, it was assigned Act No. 16-654 and transmitted to both Houses of Congress for its review. D.C. Law 16-295 became effective on March 14, 2007.

Miscellaneous 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.

Prior Codifications

1981 Ed., § 1-612.10.

1973 Ed., § 1-341.10.

Temporary Amendments of Section

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).

Emergency Act Amendments

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 provides for the application of the act.

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 6-175, see Historical and Statutory Notes following § 1-612.09.

Law 11-198, the "FY 1997 Budget Support Act" was introduced in Council and assigned Bill No. 11-741, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on June 19, 1996, and July 3, 1996, respectively. Signed by the Mayor on July 26, 1996, it was assigned Act No. 11-360 and transmitted to both Houses of Congress for its review. D.C. Law 11-198 became effective on April 9, 1997.

Miscellaneous Notes

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

Prior Codifications

1981 Ed., § 1-612.11.

1973 Ed., § 1-341.11.

Effect of Amendments

D.C. Law 17-122 rewrote subsec. (a-1), which had read as follows:

"(a-1) Notwithstanding any other provision of law, rule, or regulation, an 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 Board of Education; and

"(C) Subject to all Board of Education rules.

"(2) School-based personnel shall constitute a separate competitive area from nonschool-based personnel who shall not compete with school-based personnel for retention purposes."

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". Prior to repeal, subsec. (a-1)(2) read as follows:

"(2) Except for the Director and any Excepted Service employees appointed pursuant to § 1-609.03(a)(7), every employee of the Office of Public Education Facilities Modernization shall be:

"(A) Classified as an Educational Service employee; and

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

D.C. Law 19-171, in subsec. (a-1)(3), substituted "Superintendent of Education" for "Superintendent for Education".

Temporary Amendments of Section

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 provides 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 provides 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 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

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).

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.

Law 3-150 was introduced in Council and assigned Bill No. 3-349, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on September 30, 1980 and October 14, 1980, respectively. Signed by the Mayor on October 29, 1980, it was assigned Act No. 3-275 and transmitted to both Houses of Congress for its review.

For legislative history of D.C. Law 4-78, see Historical and Statutory Notes following § 1-611.03.

For legislative history of D.C. Law 6-15, see Historical and Statutory Notes following § 1-608.01.

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.

Law 7-231 was introduced in Council and assigned Bill No. 7-586, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 29, 1988 and December 13, 1988, respectively. Signed by the Mayor on January 6, 1989, it was assigned Act No. 7-285 and transmitted to both Houses of Congress for its review.

For legislative history of D.C. Law 8-94, see Historical and Statutory Notes following § 1-611.04.

For legislative history of D.C. Law 9-12, see Historical and Statutory Notes following § 1-611.03.

For legislative history of D.C. Law 11-98, see Historical and Statutory Notes following § 1-624.07.

For legislative history of D.C. Law 11-152, see Historical and Statutory Notes following § 1-602.02.

For legislative history of D.C. Law 12-124, see Historical and Statutory Notes following § 1-603.01.

For Law 17-122, see notes following § 1-608.01a.

For Law 17-135, see notes following § 1-611.03.

For Law 17-219, see notes following § 1-308.29.

For history of Law 19-171, see notes under § 1-125.

Miscellaneous 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.

Prior Codifications

1981 Ed., § 1-612.12.

1973 Ed., § 1-341.12.

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.

Prior Codifications

1981 Ed., § 1-612.13.

1973 Ed., § 1-341.14.

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 7-104, see Historical and Statutory Notes following § 1-604.08.

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.

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".

Legislative History of Laws

Law 3-130 was introduced in Council and assigned Bill No. 3-377, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on November 25, 1980 and December 9, 1980, respectively. Signed by the Mayor on January 7, 1981, it was assigned Act No. 3-339 and transmitted to both Houses of Congress for its review.

For Law 13-91, see notes following § 1-602.03.

Prior Codifications

1981 Ed., § 1-612.15.

Legislative History of Laws

For legislative history of D.C. Law 3-130, see Historical and Statutory Notes following § 1-611.14.

Prior Codifications

1981 Ed., § 1-612.16.

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).

Legislative History of Laws

Law 4-7 was introduced in Council and assigned Bill No. 4-38, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on March 10, 1981 and March 24, 1981, respectively. Signed by the Mayor on April 9, 1981, it was assigned Act No. 4-18 and transmitted to both Houses of Congress for its review.

For Law 13-91, see notes following § 1-602.03.

For history of Law 19-115, see notes under § 1-608.01.

Prior Codifications

1981 Ed., § 1-612.17.

Legislative History of Laws

Law 5-118 was introduced in Council and assigned Bill No. 5-177, which was referred to the Committee on Finance and Revenue. The Bill was adopted on first and second readings on June 26, 1984 and July 10, 1984, respectively. Signed by the Mayor on July 13, 1984, it was assigned Act No. 5-170 and transmitted to both Houses of Congress for its review.

References in Text

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

Prior Codifications

1981 Ed., § 1-612.18.

Legislative History of Laws

Law 9-19 was introduced in Council and assigned Bill No. 9-205. The Bill was adopted on first and second readings on May 7, 1991, and June 4, 1991, respectively. Signed by the Mayor on June 21, 1991, it was assigned Act No. 9- 43 and transmitted to both Houses of Congress for its review.

Law 9-33 was introduced in Council and assigned Bill No. 9-215, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on June 4, 1991, and June 18, 1991, respectively. Signed by the Mayor on July 2, 1991, it was assigned Act No. 9-60 and transmitted to both Houses of Congress for its review.

Prior Codifications

1981 Ed., § 1-612.19.

Legislative History of Laws

Law 9-198, the "District of Columbia Government Comprehensive Merit Personnel Act of 1978 Employee Benefits Amendment Act of 1992," was introduced in Council and assigned Bill No. 9-337, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on October 6, 1992, and November 4, 1992, respectively. Signed by the Mayor on November 25, 1992, it was assigned Act No. 9-323 and transmitted to both Houses of Congress for its review. D.C. Law 9-198 became effective on March 16, 1993.

Prior Codifications

1981 Ed., § 1-612.20.

Temporary Addition of Section

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).

Emergency Act Amendments

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).

Legislative History of Laws

For legislative history of D.C. Law 12-60, see Historical and Statutory Notes following § 1-611.08.

Miscellaneous 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.

Prior Codifications

1981 Ed., § 1-612.21.

Legislative History of Laws

For legislative history of D.C. Law 12-124, see Historical and Statutory Notes following § 1-603.01.

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.

Miscellaneous 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 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).