§ 5-714. Recovery from disability; restoration to earning capacity; suspension or reduction of annuity.
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Current through October 23, 2012
(a)(1) If any annuitant retired under § 5-709 or § 5-710, before reaching the age of 50, recovers from his disability or is restored to an earning capacity fairly comparable to the current rate of compensation of the position occupied at the time of retirement, payment of the annuity shall cease:
(A) Upon reemployment in the department from which he was retired;
(B) Forty-five days from the date of the medical examination showing such recovery;
(C) Forty-five days from the date of the determination that he is so restored; or
(D) In the case of an annuitant who was an officer or member of the Metropolitan Police force or the Fire Department and who first became such a member after the end of the 90-day period beginning on November 17, 1979, upon a refusal by such annuitant to accept an offer of reemployment in the department from which he was retired at the same grade or rank as he held at the time of his retirement, whichever is earliest.
(2) Earning capacity shall be deemed restored if, in each of 2 succeeding calendar years in the case of an annuitant who was an officer or member of the United States Park Police force, United State Secret Service Uniformed Division, or the United States Secret Service Division, or in any calendar year in the case of an annuitant who was an officer or member of the Metropolitan Police force or the Fire Department, the income of the annuitant from wages or self-employment or both shall be equal to at least 80% of the current rate of compensation of the position occupied immediately prior to retirement. Nothing in this section shall preclude such member from having an annuity reestablished if his disability recurs, or when his earning capacity is less than 80% of the rate of compensation of the position occupied immediately prior to retirement for any full year thereafter; provided, that whenever any member is reinstated with his respective department it shall be at the same grade or rank held by the member at the time of his retirement.
(b) When an annuitant recovers prior to age 50 from a disabling condition for which he has been retired, and applies for reinstatement in the department from which he was retired, he shall be reinstated in the same or nearest equivalent grade and salary available as that received at the time of his separation from the service; provided, that such applicant meets the current entrance requirements of such department as to character.
(c)(1) If any annuitant who is retired under § 5-709 or § 5-710, who prior to such retirement was an officer or member of the Metropolitan Police force or the Fire Department, and who first became such a member after the end of the 90-day period beginning on November 17, 1979, receives, directly or indirectly, income from wages or self-employment, or both, in any calendar year after the calendar year in which he retired:
(A) In an amount in excess of the difference between 70% of the current earnings limitation and the amount of annuity payable to such annuitant during such year under each such section prior to the reductions provided for in this subsection, then (except as provided in paragraph (4) of this subsection) the annuity of such annuitant shall be reduced by $.50 for each $1 of such income received during such year in excess of such difference; and
(B) In an amount in excess of the difference between the current earnings limitation and the amount of annuity payable to such annuitant during such year under each such section prior to the reductions provided for in this paragraph, then (except as provided in paragraph (4) of this subsection) the annuity of such annuitant shall be further reduced by $.20 for each $1 of such income received during such year in excess of such difference.
(2) For the purposes of paragraph (1) of this subsection, the term "current earnings limitation," with respect to an annuitant, means the greater of:
(A) The current annual salary for the position which such annuitant held immediately prior to the retirement of such annuitant; or
(B) The current entry level salary for active officers and members, divided by .7.
(3) The reductions provided for in paragraph (1) of this subsection shall be made as follows:
(A) Such reductions shall be prorated over a period of 12 consecutive months, with equal amounts withheld from each payment of annuity during such 12-month period; and
(B) The 12-month period during which such reduction is made shall begin as soon after the end of the calendar year involved as is administratively practicable (as determined in accordance with regulations which the District of Columbia Retirement Board shall promulgate).
(4) If the District of Columbia Retirement Board determines that the level of income of an annuitant whose annuity would otherwise be reduced in accordance with paragraph (1) of this subsection has decreased significantly (other than in accordance with normal income fluctuations for such annuitant) during the period in which such reduction would occur, the District of Columbia Retirement Board may authorize the withholding during such period, or any portion thereof, of such lesser amount than the amount prescribed in such paragraph as the District of Columbia Retirement Board considers appropriate or the District of Columbia Retirement Board may waive the requirements of paragraph (1) of this subsection if he finds that circumstances justify such waiver.
(5)(A) Any annuitant who is retired under § 5-709 or § 5-710 and who prior to such retirement was an officer or member of the Metropolitan Police force or the Fire Department shall, at such times as the District of Columbia Retirement Board shall by regulation prescribe, submit to the District of Columbia Retirement Board a notarized statement containing such information as the District of Columbia Retirement Board shall by regulation require with respect to the income received by such annuitant from wages or self-employment, or both. After examining such statement, the District of Columbia Retirement Board may require such annuitant to submit to the District of Columbia Retirement Board a further notarized statement containing such additional information with respect to the income received by such annuitant from wages or self-employment, or both, as the District of Columbia Retirement Board deems appropriate.
(B) Any annuitant described in subparagraph (A) of this paragraph who willfully furnishes materially false information with respect to his income in any statement required to be submitted under such subparagraph shall forfeit all rights to his disability annuity. Any such annuitant who refuses or otherwise willfully fails to timely submit such statement as required by this section, payment of the annuity of such annuitant shall cease and such annuitant shall not be eligible to receive such annuity or part thereof for the period beginning on the date after the final day for timely filing of such statement and ending on the date on which the District of Columbia Retirement Board receives such statement. Nothing in this subparagraph shall affect any rights to a survivor's annuity under § 5-716 based upon the service of such annuitant.
(Sept. 1, 1916, ch. 433, § 12(j); Aug. 21, 1957, 71 Stat. 396, Pub. L. 85- 157, § 3; Oct. 26, 1970, 84 Stat. 1137, Pub. L. 91-509, § 1(7); Nov. 15, 1977, 91 Stat. 1371, Pub. L. 95-179; Nov. 17, 1979, 93 Stat. 866, Pub. L. 96-122, § 205(a); Apr. 13, 2005, D.C. Law 15-354, § 13(d), 52 DCR 2638; Mar. 2, 2007, D.C. Law 16-191, § 27(e), 53 DCR 6794; Mar. 2, 2007, D.C. Law 16-199, § 4, 53 DCR 8832.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 4-620.
1973 Ed., § 4-530.
Effect of Amendments
D.C. Law 15-354 substituted "District of Columbia Retirement Board" for "Mayor".
D.C. Law 16-191, in subsecs. (a) and (c), substituted "Fire Department" for "Fire Department of the District of Columbia".
Legislative History of Laws
For Law 15-354, see notes following § 5-101.04.
For Law 16-191, see notes following § 5-113.07.
Miscellaneous Notes
Coverage Under Federal Employees' Retirement Act: See Historical and Statutory Notes following § 5-742.
Policemen and Firemen's Retirement and Disability Act: Section 3(r) of Pub. L. 85-157 provides that this section may be cited as part of the Policemen and Firemen's Retirement and Disability Act.
