District Of Columbia § 1-611.04 - Compensation system for Career and Excepted Services — Established.

§ 1-611.04. Compensation system for Career and Excepted Services — Established.

1-611.04

Annotations

“Sec. 305. Sunset provision. This title shall expire on December 31, 2000.

“(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.”

“(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.

“(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.

“(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

“(D) An employee who is a sworn member of the Metropolitan Police Department or the Fire and Emergency Medical Services Department;

“(C) An employee who is in a critical position as defined by regulations promulgated by the Mayor;

“(B) An employee who is a reemployed annuitant under the provisions of 5 U.S.C. § 8344;

“(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;

“(7) No incentive payment shall be paid to:

“(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.

“(5) Retirement incentive payments shall be prorated in the case of a part- time employee.

“(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.

“(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).

“(2) The Early Out Program may be implemented by the appropriate personnel authority at any time after the effective date of this act.

“(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.

“(b) The changes to the compensation system are as follows:

“(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.

“Sec. 303. Early out retirement incentive.

“(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.

“(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.

“(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.

“(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

“(D) An employee who is a sworn member of the Metropolitan Police Department or the Fire and Emergency Medical Services Department;

“(C) An employee who is in a critical position as defined by regulations promulgated by the Mayor;

“(B) An employee who is a reemployed annuitant under the provisions of 5 U.S.C. § 8344;

“(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;

“(7) No incentive payment shall be paid to:

“(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.

“(5) Retirement incentive payments shall be prorated in the case of a part- time employee.

“(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.

“(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).

“(2) The Easy Out Program may be implemented by the appropriate personnel authority at any time after the effective date of this act.

“(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.

“(b) The changes to the compensation system are as follows:

“(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.

“Sec. 302. Easy out retirement incentive.

Sections 302, 303, and 305 of provided:

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.

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.

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.

Repeal of § 4(b) of Law 6-177: Section 3(b) of , effective March 15, 1990, provided that § 4(b) of is repealed.

Repeal of § 3 of Law 6-177: Section 4(b) of provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.

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.

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

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.