• Current through October 23, 2012

(a)(1) In order to carry out his responsibilities under this subchapter with respect to retirement and disability determinations, and related functions, the Mayor of the District of Columbia shall establish a Police and Firemen's Retirement and Relief Board (hereinafter in this section referred to as the "Board"). The Board shall be composed of:

(A) Members and alternatives appointed from among persons who are employees of the District of Columbia, 1 member and 1 or more alternates from each of the following: the District of Columbia Office of Personnel, Corporation Counsel, Department of Human Services, the Metropolitan Police Force, and the Fire and Emergency Medical Services Department; and

(B) Two members, one of whom shall be a physician, appointed from among persons who are not officers or employees of the District of Columbia.

(2) The member, and 1 or more alternates, appointed to the Board from among employees of the Department of Human Services shall be medical officers. All appointments shall be made by the Mayor.

(b) The members appointed under subsection (a)(1)(B) of this section shall be appointed for 2 years, and shall be entitled to receive compensation for each day they are actually engaged in carrying out duties vested in the Board in the same manner as persons employed intermittently under § 3109 of Title 5 of the United States Code. Such members shall be appointed within 90 days after September 3, 1974.

(c) The Mayor shall establish rules for the Board to assure that the Board functions fairly and equitably. The Mayor shall provide the staff necessary for the Board.

(d) In addition to the members and alternates of the Board designated by subsection (a) of this section, in all cases of retirement, disability, or other relief involving a member of the United States Secret Service Uniformed Division or a member of the United States Secret Service Division, who contributes to the Policemen and Firemen's Relief Fund of the District of Columbia, a member and alternate of the United States Secret Service Uniformed Division or a member and alternate of the United States Secret Service Division, as designated by the Director, United States Secret Service Division, as appropriate shall sit as a member of the Police and Firemen's Retirement and Relief Board.

(Sept. 3, 1974, 88 Stat. 1041, Pub. L. 93-407, title I, § 122; Jan. 3, 1975, 88 Stat. 2179, Pub. L. 93-635, § 19; Nov. 15, 1977, 91 Stat. 1371, Pub. L. 95-179; Sept. 22, 1994, D.C. Law 10-174, § 2, 41 DCR 5171.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 4-628.

1973 Ed., § 4-533a.

Legislative History of Laws

Law 10-174, the "Policemen and Firemen's Retirement Relief Board Amendment Act of 1994," was introduced in Council and assigned Bill No. 10-578, 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. 10-294 and transmitted to both Houses of Congress for its review. D.C. Law 10-174 became effective on September 22, 1994.

References in Text

Office of Personnel was substituted for Personnel Office in subsection (a)(1)(A) of this section pursuant to Mayor's Order No. 79-84, dated May 10, 1979.

Department of Human Services was substituted for Department of Human Resources in subsection (a)(1)(A) and (a)(2) pursuant to Reorganization Plan No. 2 of 1979, dated February 21, 1980.

Change in Government

This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. 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.

Delegation of Authority

Delegation of Rulemaking Authority under D.C. Official Code § 5-722(c) Regarding the Police and Firemen's Retirement and Relief Board, see Mayor's Order 2010-44, March 19, 2010 (57 DCR 2349).

Miscellaneous Notes

Order establishing Board: See Organization Order No. 48, dated September 25, 1974.

Coverage Under Federal Employees' Retirement Act: See Historical and Statutory Notes following § 5-742.