(a) Except as provided in subsections (b) and (c) of this section, the rates of basic compensation of officers and members of the United States Park Police shall be the same as the rates of compensation, including longevity increases, provided in this subchapter, for officers and members of the Metropolitan Police force in corresponding or similar classes.
(b)(1) Effective at the beginning at the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under § 5305 of Title 5, United States Code, in the rates of pay under General Schedule, the annual rate of basic compensation of officers and members of the United States Park Police force shall be adjusted by the Secretary of the Interior, by an amount (rounded to the next highest multiple of $5) equal to the percentage of such annual rate of pay which corresponds to the overall percentage (as set forth in the applicable report transmitted to the Congress under such § 5305) of the adjustment made in the rates of pay under the General Schedule.
(2) No adjustment in the annual rate of basic compensation of such officers and members may be made except in accordance with paragraph (1) of this subsection.
(3) Any reference in any law to the salary schedule in § 5-541.01 with respect to officers and members of the United States Park Police force shall be considered to be a reference to such schedule as adjusted in accordance with this subsection.
(4) This subsection shall not apply with respect to any pay period for which the salary schedule under subsection (c) applies to the United States Park Police.
(c)(1) The annual rates of basic compensation of officers and members of the United States Park Police, serving in classes corresponding or similar to those in the salary schedule in § 5-541.01 shall be fixed in accordance with the following schedule of rates:
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(2) Effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 of title 5, United States Code (or any subsequent similar provision of law), in the rates of pay under the General Schedule (or any pay system that may supersede such schedule), the annual rates of basic compensation of officers and members of the United States Park Police shall be adjusted by the Secretary of the Interior, by an amount equal to the percentage of such annual rate of pay which corresponds to the overall percentage of the adjustment made in the rates of pay under the General Schedule, except that in no case may the annual rate of basic compensation for any such officer or member exceed the rate of basic pay payable for level IV of the Executive Schedule contained in subchapter II of chapter 53 of title 5, United States Code.
(3) Locality-based comparability payments authorized under section 5304 of title 5, United States Code, shall be applicable to the basic pay under this section, except locality-based comparability payments may not be paid at a rate which, when added to the rate of basic pay otherwise payable to the officer or member, would cause the total to exceed the rate of basic pay payable for level IV of the Executive Schedule.
(4) Repealed.
(5) Any reference in any law to the salary schedule in § 5-541.01 with respect to officers and members of the United States Park Police shall be considered to be a reference to the salary schedule in paragraph (1) of this subsection as adjusted in accordance with this subsection.
(6)(A) Except as otherwise permitted by or under law, no allowance, differential, bonus, award, or other similar cash payment under this part or under Title 5, United States Code, may be paid to an officer or member of the United States Park Police in a calendar year if, or to the extent that, when added to the total basic pay paid or payable to such officer or member for service performed in such calendar year as an officer or member, such payment would cause the total to exceed the annual rate of basic pay payable for level I of the Executive Schedule, as of the end of such calendar year.
(B) This paragraph shall not apply to any payment under the following provisions of Title 5, United States Code:
(i) Subchapter III or VII of chapter 55, or section 5596.
(ii) Chapter 57 (other than section 5753, 5754, or 5755).
(iii) Chapter 59 (other than section 5928).
(7)(A) Any amount which is not paid to an officer or member of the United States Park Police in a calendar year because of the limitation under paragraph (6) of this section shall be paid to such officer or member in a lump sum at the beginning of the following year.
(B) Any amount paid under this paragraph in a calendar year shall be taken into account for purposes of applying the limitations under paragraph (6) of this subsection with respect to such calendar year.
(8) The Office of Personnel Management shall prescribe regulations as may be necessary (consistent with section 5582 of title 5, United States Code) concerning how a lump-sum payment under paragraph (7) of this subsection shall be made with respect to any employee who dies before an amount payable to such employee under paragraph (7) of this subsection is made.
(Aug. 1, 1958, 72 Stat. 485, Pub. L. 85-584, title V, § 501; Aug. 29, 1972, 86 Stat. 639, Pub. L. 92-410, title I, § 111; Oct. 17, 1976, 90 Stat. 2493, Pub. L. 94-533, § 2; Oct. 7, 1980, 94 Stat. 1562, Pub. L. 96-396; Oct. 10, 1997, 111 Stat. 1285, Pub. L. 105-61, § 118(a); Nov. 19, 1997, 111 Stat. 2188, Pub. L. 105-100, § 159(a); Dec. 21, 2000, 114 Stat. 2763, Pub. L. 106-554, § 1(a)(4), H.R. 5666 §§ 902(a), (c), 903(a), (b); Oct. 15, 2010, 124 Stat. 3033, Pub. L. 111-282, § 4(b)(2)(G).)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 4-416.
1973 Ed., § 4-833.
Effect of Amendments
Pub. L. 111-282, in subsec. (a), deleted "the United States Secret Service Uniformed Division" following "Police and"; in subsec. (c)(1), deleted "the United States Secret Service Uniformed Division and" following "members of", and deleted " United States Secret Service Uniformed Division, preceding "United States Park Police"; in subsec. (c)(2), deleted "the annual rates of basic compensation of officers and members of the United States Secret Service Uniformed Division shall be adjusted by the Secretary of the Treasury," following "schedule)"; in subsec. (c)(5), deleted "officers and members of the United States Secret Service Uniformed Division or" following "respect to"; and, in subsecs. (c)(6)(A) and (7)(A), deleted "the United States Secret Service Uniformed Division or" following "member of".
Effective Dates
Section 118(f) of Pub. L. 105-61, 111 Stat. 1285, provides that the provisions of § 118 shall become effective on the first day of the first pay period beginning after the Dates of enactment of the act. Public Law 105-61 was approved on October 10, 1997.
Section 159(b) of Pub. L. 105-100, 111 Stat. 2188, the District of Columbia Appropriations Act, 1988, provided that the amendment made § 159(a) is effective on the Dates of enactment of Pub. L. 105-61. Public Law 105-61 was approved on October 10, 1997.
References in Text
"Subchapter III or VII of chapter 55," referred to in (c)(6)(B)(i), are subchapters III and VII of chapter 55 of title 5, United States Code, codified at 5 U.S.C. § 5521 et seq., and 5 U.S.C. § 5561 et seq., respectively.
"Chapter 57," referred to in (c)(6)(B)(ii), is chapter 57 of title 5, United States Code, codified at 5 U.S.C. § 5701 et seq.
"Chapter 59," referred to in (c)(6)(B)(iii), is chapter 59 of title 5, United States Code, codified at 5 U.S.C. § 5901 et seq.
Miscellaneous Notes
Savings Provision: Section 118(d) of Pub. L. 106-61, 111 Stat. 1285, provided that on the effective date of § 118, any existing special salary rates authorized for members of the United States Secret Service Uniformed Division under § 5305 of title 5, United States Code (or any previous similar provision of law) and any special rates of pay or special pay adjustments under section 403, 404, or 405 of the Federal Law Enforcement Pay Reform Act of 1990 applicable to members of the United States Secret Service Uniformed Division shall be rendered inapplicable.
Nothing contained in §§ 5-541.01 to 5-545.06 shall be construed to decrease the existing rate of compensation of any present officer or member, but when his position becomes vacant any subsequent appointee to such position shall be compensated in accordance with the rate of pay applicable to such position.
(Aug. 1, 1958, 72 Stat. 485, Pub. L. 85-584, title V, § 503.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 4-417.
1973 Ed., § 4-834.
The Council of the District of Columbia is hereby authorized to promulgate such regulations as it may deem necessary to carry out the intent and purposes of §§ 5-541.01 to 5-545.06.
(Aug. 1, 1958, 72 Stat. 485, Pub. L. 85-584, title V, § 504.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 4-418.
1973 Ed., § 4-835.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(114) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
(a) Retroactive salary shall be paid by reason of §§ 5-541.01 to 5-545.06 only in the case of an individual in the service of the United States (including service in the Armed Forces of the United States) or the municipal government of the District of Columbia on August 1, 1958, except that retroactive salary shall be paid:
(1) To an officer or member of the Metropolitan Police force, the Fire Department of the District of Columbia, the United States Park Police force, or the United States Secret Service Uniformed Division, who retired during the period beginning on the 1st day of the 1st pay period which began after January 1, 1958, and ending on August 1, 1958, for services rendered during such period; and
(2) In accordance with the provisions of §§ 5581 to 5583 of Title 5, United States Code, for services rendered during the period beginning on the 1st day of the 1st pay period which began after January 1, 1958, and ending on August 1, 1958, by an officer or member who dies during such period.
(b) For the purposes of this section, service in the Armed Forces of the United States, in the case of an individual relieved from training and service in the Armed Forces of the United States or discharged from hospitalization following such training and service, shall include the period provided by law for the mandatory restoration of such individual to a position in or under the federal government or the municipal government of the District of Columbia.
(Aug. 1, 1958, 72 Stat. 485, Pub. L. 85-584, title V, § 505; Nov. 15, 1977, 91 Stat. 1371, Pub. L. 95-179.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 4-419.
1973 Ed., § 4-836.
The Mayor of the District of Columbia and the Secretary of the Interior are hereby authorized to delegate, from time to time, to their designated agent or agents, any power or function vested in them by §§ 5-541.01 to 5-545.06, except those powers and functions vested in them by §§ 5-543.05 and 5- 545.04.
(Aug. 1, 1958, 72 Stat. 486, Pub. L. 85-584, title V, § 506; Oct. 15, 2010, 124 Stat. 3033, Pub. L. 111-282, § 4(b)(2)(H).)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 4-420.
1973 Ed., § 4-837.
Effect of Amendments
Pub. L. 111-282 deleted ", the Secretary of the Treasury," following "Columbia".
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
(a) The Council of the District of Columbia is authorized to change or suspend by resolution the provisions of §§ 5-541.01, 5-542.01, 5-542.02, 5- 542.03, 5-543.01, 5-543.02, 5-543.03, 5-543.04, 5-543.05, 5- 544.01, 5-545.01, and 5-545.03 insofar as they relate to officers and members of the Metropolitan Police Department and the Fire and Emergency Medical Services Department.
(b) The Council's authority to act pursuant to subsection (a) of this section shall be effective beginning on January 1, 1980.
(Aug. 1, 1958, 72 Stat. 486, Pub. L. 85-584, title V, § 506a, as added June 10, 1998, D.C. Law 12-124, § 201, 45 DCR 2464.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 4-420.1.
Temporary Addition of Section
For temporary (225 day) addition, see § 3 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 addition of this section, see § 3 of the Comprehensive Merit Personnel Act Pay Limit Emergency Amendment Act of 1997 (D.C. Act 12-115, July 18, 1997, 44 DCR 4501), § 3 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 § 3 of the Comprehensive Merit Personnel Act Pay Limit Emergency Amendment Act of 1998 (D.C. Act 12-378, June 5, 1998, 45 DCR 4466).
Legislative History of Laws
Law 12-124, the "Omnibus Personnel Reform Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-44, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on February 3, 1998 and March 17, 1998, respectively. Signed by the Mayor on April 1, 1998, it was assigned Act No. 12-326 and transmitted to both Houses of Congress for its review. D.C. Law 12-124 became effective on June 10, 1998.
Miscellaneous Notes
Construction of Law 12-124: Section 301 of D.C. Law 12-124 provides 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- 395.4(b)(3) is expressly superseded. Further, nothing in the act shall be construed as superseding the provisions of § 47-391.1 et seq. or of § 164 of the District of Columbia Appropriations Act, 1998, approved November 19, 1997 (Public Law 105-100; 111 Stat. 2160).
