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

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."