§ 1–602.02. Limited application of chapter.

The provisions of this chapter shall apply to the following employees of the District of Columbia government only to the following extent:

(1) The Mayor, each member of the Council of the District of Columbia, and the Attorney General are entitled to pay, as provided in § 1-611.09, in accordance with the provisions of §§ 1-204.21(d) and 1-204.03(a), and § 1-301.85. The Mayor, each member of the Council of the District of Columbia, and the Attorney General may participate in personnel benefit programs authorized in subchapters XXI, XXII, XXIII, and XXVI of this chapter, and are covered by the provisions of subchapters XVIII, XXV, XXIX, XXX, and XXXI of this chapter, and § 1-604.08;

(2) The President and each member of the District of Columbia Board of Education are entitled to pay, as provided in § 1-611.10, and may participate in personnel benefit programs authorized in subchapters XXI, XXII, XXIII, and XXVI of this chapter. The President and each member of the District of Columbia Board of Education are covered by the provisions of subchapters XXV, XXVIII, XXIX, XXX, and XXXI of this chapter, and § 1-604.08;

(3) Except as otherwise provided in this chapter, each member of a board or commission appointed to perform part-time, temporary or intermittent duties is entitled to pay as provided in § 1-611.08. Full-time employees who serve on boards and commissions shall be paid in accordance with the provisions of § 1-611.04 or § 1-611.11. Individuals serving as employees of boards and commissions shall be covered by the provisions of § 1-608.01(e). Members of boards and commissions are covered by the provisions of subchapters XVIII, XIII, XV, XXIX, XXX, and XXXI and §§ 1-604.08 and 1-608.01(e) and shall, if eligible under the terms of an agreement entered into by the Mayor and a federal agency under the provisions of subchapter XXVIII of this chapter, be covered by the provisions of subchapters XXI, XXII, and XXVI of this chapter. This section shall not apply to compensation received by the Board of Education as provided in § 1-611.10;

(4) Each person employed as an educational employee of the District of Columbia Board of Education and the Board of Trustees of the University of the District of Columbia shall be governed by the provisions of § 1-602.03.

(5) Each person employed by an Advisory Neighborhood Commission shall be governed by the provisions of subchapters XXI and XXII of this chapter.

(6) Notwithstanding any other provision of District law, subchapter XV-A shall apply to all District employees.

(Mar. 3, 1979, D.C. Law 2-139, § 202, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(a), 27 DCR 2632; Feb. 24, 1987, D.C. Law 6-177, § 3(b), 33 DCR 7241; Nov. 5, 1990, 104 Stat. 2237, Pub. L. 101-518, § 136(a); Mar. 6, 1991, D.C. Law 8-203, § 4, 37 DCR 8420; Aug. 1, 1996, D.C. Law 11-152, § 302(a), 43 DCR 2978; Oct. 7, 1998, D.C. Law 12-160, § 102(a)(2), 45 DCR 5147; June 12, 2003, D.C. Law 14-310, § 4(b), 50 DCR 1092; Oct. 22, 2015, D.C. Law 21-36, § 1033(a), 62 DCR 10905.)

Prior Codifications

1981 Ed., § 1-602.2.

1973 Ed., § 1-332.2.

Section References

This section is referenced in § 1-604.04.

Effect of Amendments

D.C. Law 14-310, in subsec. (c), validated a previously made technical correction.

The 2015 amendment by D.C. Law 21-36, in (1), substituted “Mayor, each member of the Council of the District of Columbia, and the Attorney General” for “Mayor and each member of the Council of the District of Columbia” twice, and substituted “in accordance with the provisions of §§ 1-204.21(d) and 1-204.03(a), and § 1-301.85” for “in accordance with the provisions of §§ 1-204.21(d) and 1-204.03(a)” in the first sentence.

Cross References

Merit system, applicability to national capital revitalization corporation, see § 2-1219.05.

Merit system, applicability to Washington Convention Center employees, see § 10-1202.16.

Emergency Legislation

For temporary amendment of section, see § 102(a)(2) of the Whistleblower Reinforcement Emergency Amendment Act of 1998 (D.C. Act 12-400, July 13, 1998, 45 DCR 5158) and § 102(a)(2) of the Whistleblower Reinforcement Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-464, October 28, 1998, 45 DCR 7821).

For temporary (90 days) amendment of this section, see § 1033(a) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Effective Dates

Section 136(b) of Public Law 101-518, the District of Columbia Appropriations Act, 1991, provided that the amendments made by § 136(a) shall take effect as if included in the enactment of the Residency Preference Amendment Act of 1988 (D.C. Law 7-203, March

Editor's Notes

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

Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.