§ 1–611.03. Compensation policy; compensatory time off; overtime pay.

(a) Compensation for all employees in the Career, Educational, Legal, Excepted, and the Management Supervisory Services shall be fixed in accordance with the following policy:

(1) Compensation shall be competitive with that provided to other public sector employees having comparable duties, responsibilities, qualifications, and working conditions by occupational groups. For the purpose of this paragraph, compensation shall be deemed to be competitive if it falls reasonably within the range of compensation of public sector employees in jurisdictions with costs of living and working conditions comparable to the District or of employees in the federal government; provided, that compensation for Legal Service attorneys shall be fixed in accordance with § 1-608.58.

(2) Pay for the various occupations and groups of employees shall be, to the maximum extent practicable, interrelated and equal for substantially equal work in accordance with this principle, dental officers shall be paid on the same schedule as medical officers having comparable qualifications and experiences.

(3) Differences in pay shall be maintained in keeping with differences in level of work and quality of performance.

(4) Repealed.

(5) Repealed.

(6) Repealed.

(7)(A) Any full-time permanent, indefinite, or term employee of a District agency or independent agency, who serves in a reserve component of the United States Armed Forces and who has been or will be called to active duty in preparation for, or as a result of, Operation New Dawn, Operation Odyssey Dawn, or any contingency operation as defined in 10 U.S.C. § 101(a)(13), shall receive, upon application and approval, an amount that equals the difference in compensation between the employee's District government basic pay reduced by the employee's basic military pay. This amount shall not be considered as basic pay for any purpose and shall be paid for any period following the formal inception of Operation New Dawn in 2010, any period following the formal inception of Operation Odyssey Dawn in 2011, or any period following the formal inception of any contingency operation as defined in 10 U.S.C. § 101(a)(13), during which the employee is carried in a non-pay status from the time the employee is called into active duty, until the employee is released from active duty occasioned by any of these military operations, or, in the case of a term employee, until the date of the end of the term of employment.

(B) The Mayor shall issue rules within 30 days of March 26, 2008, to implement the provisions of this paragraph.

(b) The pay of an individual receiving an annuity under any District government civilian retirement system selected for employment in the District government on or after January 1, 1980, shall be reduced by the amount of annuity allocable to the period of employment as a reemployed annuitant. No salary subject to this reduction shall be reduced to less than any applicable minimum wage set forth in the Fair Labor Standards Act of 1938, approved June 25, 1938 (52 Stat. 1060; 29 U.S.C. § 201 et seq.), or any other applicable federal minimum wage statute or regulation. No reduction shall be made to the pay of a reemployed individual for any retirement benefits received by the reemployed individual pursuant to 5 U.S.C. § 8331, §§ 1-626.03 through 1-626.12, § 5-723(e), the Judges’ Retirement Fund, established by § 1-714, or the Retired Police Officer Public Schools Security Personnel Deployment Amendment Act of 1994.

(d) Notwithstanding any other provisions of law or regulation, effective April 15, 1986, any employee who is covered by the provisions of the Fair Labor Standards Act of 1938 (29 U.S.C. § 201 et seq.)(“FLSA”), and is eligible to earn compensatory time may receive compensatory time off at a rate not less than 1 and one-half hours for each hour of employment for which overtime compensation is required under the FLSA, in lieu of paid overtime compensation.

(1) If the work of an employee for which compensatory time off may be provided includes work in a public safety activity, an emergency response activity, or a seasonal activity, the employee may accrue not more than 480 hours of compensatory time for hours worked after April 15, 1986. If the work of an employee does not include work in a public safety activity, an emergency response activity, or a seasonal activity, the employee may accrue not more than 240 hours of compensatory time for hours worked after April 15, 1986.

(2) Any employee who, after April 15, 1986, has accrued the maximum number of hours of compensatory time off allowed under paragraph (1) of this subsection shall, for additional hours of work, be paid overtime compensation.

(e) Notwithstanding any other provision of District law or regulation, effective on the first day of the first pay period beginning one month after November 25, 1993, entitlement to and computation of overtime for all employees of the District government, except those covered by a collective bargaining agreement providing otherwise, shall be determined in accordance with, and shall not exceed, the overtime provisions of section 7 of the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. § 207. No person shall be entitled to overtime under this section unless that person is either entitled to overtime under the Fair Labor Standards Act or is entitled to overtime under the personnel rules of the District of Columbia as they existed at the time of enactment of this section.

(f)(1) Repealed.

(2)(A) Except as provided in subparagraph (B) of this paragraph, uniformed members of the Fire and Emergency Medical Services Department at the rank of Assistant Fire Chief and above shall not receive overtime compensation for work performed in excess of 40 hours in an administrative workweek and in excess of 48 hours in a workweek for those uniformed members of the Fire and Emergency Medical Services Department at the rank of Assistant Fire Chief and above in the Firefighting Division.

(B) For fiscal years 2011, 2012, 2013, 2014, and 2015, uniformed members of the Fire and Emergency Medical Services Department at the rank of Battalion Fire Chief and above shall not receive overtime compensation for work performed in excess of 40 hours in an administrative workweek and in excess of 48 hours in a workweek for those uniformed members of the Fire and Emergency Medical Services Department at the rank of Deputy Fire Chief and above in the Firefighting Division.

(3) Uniformed members of the Metropolitan Police Department at the rank of Inspector and above and uniformed members of the Fire and Emergency Medical Services Department at the rank of Assistant Fire Chief and above shall not be suspended for disciplinary actions for less than a full pay period.

(4)(A)(i) For fiscal years 2011, 2012, 2013, and 2014, and except as provided in subparagraph (B) of this paragraph, no officer or member of the Fire and Emergency Medical Services Department who is authorized to receive overtime compensation under this subsection may earn overtime in excess of $20,000 in a fiscal year.

(ii) For Fiscal Year 2015, and except as provided in subparagraph (B) of this paragraph, no officer or member of the Fire and Emergency Medical Services Department who is authorized to receive overtime compensation under this subsection may earn overtime in excess of $30,000 in a fiscal year.

(B) This paragraph shall not apply to a member of the Fire and Emergency Medical Services Department who is classified as a Heavy Mobile Equipment Mechanic or a Fire Arson Investigator Armed (Canine Handler).

(C) Notwithstanding any other provision of this paragraph, the exemption to the overtime limitation for the Fire Arson Investigator Armed (Canine Handler) set forth in subparagraph (B) of this paragraph shall apply retroactively to fiscal year 2011.

(g)(1) The Chief of Police may grant time off, to be considered FLSA-exempt, to uniformed members of the Metropolitan Police Department at the rank of Inspector and above, and the civilian equivalents, for work performed in excess of an 80-hour biweekly pay period, excluding roll call; provided, that:

(A) FLSA-exempt time off granted to any individual employee shall not exceed a total of 80 hours in any consecutive 12-month period;

(B) FLSA-exempt time off shall be forfeited if not used by the end of the leave year following the leave year in which it was earned; and

(C) FLSA-exempt time off not used at the time of an employee’s separation from service shall not be included in any form of leave payment.

(2) The Mayor, subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this subsection.

(Mar. 3, 1979, D.C. Law 2-139, § 1103, 25 DCR 5740; Sept. 16, 1980, D.C. Law 3-101, § 2, 27 DCR 3628; Mar. 4, 1981, D.C. Law 3-130, § 2(b), 28 DCR 277; Mar. 16, 1982, D.C. Law 4-78, § 8(a), 29 DCR 49; Mar. 13, 1985, D.C. Law 5-140, § 2, 31 DCR 5755; Oct. 5, 1985, D.C. Law 6-43, § 2(a), 32 DCR 4484; July 24, 1986, D.C. Law 6-126, § 2, 33 DCR 3211; July 24, 1986, D.C. Law 6-127, § 2, 33 DCR 3213; Sept. 13, 1986, D.C. Law 6-142, § 2, 33 DCR 4369; Mar. 2, 1991, D.C. Law 8-190, § 2(a), 37 DCR 6721; July 13, 1991, D.C. Law 9-12, § 2(a), 38 DCR 3376; Nov. 25, 1993, D.C. Law 10-65, § 201, 40 DCR 7351; July 23, 1994, D.C. Law 10-136, § 5, 41 DCR 3006; Sept. 22, 1994, D.C. Law 10-172, § 2, 41 DCR 5152; May 16, 1995, D.C. Law 10-255,§ 2(a), 41 DCR 5193; June 10, 1998, D.C. Law 12-124, §§ 101(n)(2), 101(n)(3), 45 DCR 2464; Apr. 12, 2000. D.C. Law 13-91, § 103(o), 47 DCR 520; Oct. 3, 2001, D.C. Law 14-28, § 3702, 48 DCR 6981; Oct. 19, 2002, D.C. Law 14-213, § 3(h), (i), 49 DCR 8140; Dec. 7, 2004, D.C. Law 15-207, § 2, 51 DCR 8779; Mar. 26, 2008, D.C. Law 17-135, § 2(a), 55 DCR 1683; Sept. 24, 2010, D.C. Law 18-223, § 3022, 57 DCR 6242; Sept. 14, 2011, D.C. Law 19-21, § 3012, 58 DCR 6226; Sept. 20, 2012, D.C. Law 19-168, § 3022, 59 DCR 8025; Dec. 24, 2013, D.C. Law 20-61, § 3052, 60 DCR 12472; Feb. 26, 2015, D.C. Law 20-155, § 3052, 61 DCR 9990; Mar. 10, 2015, D.C. Law 20-198, § 2(a), 61 DCR 12450; Oct. 22, 2015, D.C. Law 21-36, § 7025, 62 DCR 10905; June 30, 2016, D.C. Law 21-125, § 211, 63 DCR 4659; Apr. 15, 2017, D.C. Law 21-273, § 2, 64 DCR 949; May 6, 2020, D.C. Law 23-91, § 2, 67 DCR 3541.)

Prior Codifications

1981 Ed., § 1-612.3.

1973 Ed., § 1-341.3.

Section 1002 of D.C. Law 20-155 provided for bonus and special pay limitations for fiscal year 2014.

Applicability of D.C. Law 20-155: Section 11001 of D.C. Law 20-155 provided that, except as otherwise provided, the act shall apply as of October 1, 2014.

Section References

This section is referenced in § 1-611.04, § 1-611.05, § 1-611.11, § 1-617.17, and § 1-711.

Effect of Amendments

D.C. Law 13-91, in the introductory portion of subsec. (a), inserted “Legal,”.

D.C. Law 14-28 added subsec. (f).

D.C. Law 14-213, in subsec. (a), substituted “Excepted, and the Management Supervisory Services” for “and the Excepted Services”; and repealed par (6) of subsec. (a).

D.C. Law 15-207, in the second sentence of subsec. (b), inserted “ 5 U.S.C. § 8331,” following “received by the reemployed individual pursuant to”.

D.C. Law 17-135 added subsec. (a)(7).

D.C. Law 18-223 rewrote subsec. (f)(2); and added subsec. (f)(4). Prior to amendment, subsec. (f)(2) read as follows: “(2) Uniformed members of the Fire and Emergency Medical Services Department at the rank of Assistant Fire Chief and above shall not receive overtime compensation for work performed in excess of 40 hours in an administrative workweek and in excess of 48 hours in a workweek for those uniformed members of the Fire and Emergency Medical Services Department at the rank of Assistant Fire Chief and above in the Firefighting Division.”

D.C. Law 19-21, in subsec. (f)(2)(B), substituted “For fiscal years 2011 and 2012” for “For fiscal year 2011”; and rewrote subsec. (f)(4), which formerly read:

“(4) For fiscal year 2011, no officer or member of the Fire and Emergency Medical Services Department who is authorized to receive overtime compensation under this subsection may earn overtime in excess of $20,000 in the fiscal year.”

The 2012 amendment by D.C. Law 19-168 substituted “fiscal years 2011, 2012, and 2013” for “fiscal years 2011 and 2012” in (f)(2)(B) and (f)(4)(A); and added (f)(4)(C).

The 2013 amendment by D.C. Law 20-61 rewrote (f)(2)(B); and substituted “2011, 2012, 2013, and 2014” for “2011, 2012, and 2013” in (f)(4)(A).

The 2015 amendment by D.C. Law 20-155 substituted “2011, 2012, 2013, 2014, and 2015” for “2011, 2012, 2013, and 2014” in (f)(2)(B) and (f)(4)(A); and substituted “$ 30,000” for “$ 20,000” in (f)(4)(A).

The 2015 amendment by D.C. Law 20-198 inserted the second sentence in (b).

The 2015 amendment by D.C. Law 21-36 designated the existing text of (f)(4)(A) as (f)(4)(A)(i); in (f)(4)(A)(i), substituted “and 2014” for “2014, and 2015” and substituted “$ 20,000” for “$ 30,000”; and added (f)(4)(A)(ii).

Cross References

Retirement board members, exemptions, see § 1-711.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2 of Metropolitan Police Department Officer Retention and Recruitment Incentives Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-420, June 23, 2016, 63 DCR 9008).

For temporary amendment of section, § 2 of the Comprehensive Merit Personnel Act Annuity Offset Emergency Amendment Act of 1997 (D.C. Act 12-123, August 1, 1997, 44 DCR 4652), and § 2 of the Comprehensive Merit Personnel Act Annuity Offset Legislative Review Emergency Amendment Act of 1997 (D.C. Act 12-183, October 30, 1997, 44 DCR 6958).

For temporary amendment of section, see § 2(a) of the Comprehensive Merit Personnel Act Pay Limit Emergency Amendment Act of 1997 (D.C. Act 12-115, July 18, 1997, 44 DCR 4501), § 2(a) of the Comprehensive Merit Personnel Act Pay Limit Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-179, October 30, 1997, 44 DCR 6948), and § 2(a) of the Comprehensive Merit Personnel Act Pay Limit Emergency Amendment Act of 1998 (D.C. Act 12-378, June 5, 1998, 45 DCR 4465).

For temporary addition of section, see § 2(b) of the Comprehensive Merit Personnel Act Pay Limit Emergency Amendment Act of 1997 (D.C. Act 12-115, July 18, 1997, 44 DCR 4501), § 2(b) of the Comprehensive Merit Personnel Act Pay Limit Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-179, October 30, 1997, 44 DCR 6948), and § 2(b) of the Comprehensive Merit Personnel Act Pay Limit Emergency Amendment Act of 1998 (D.C. Act 12-378, June 5, 1998, 45 DCR 4465).

For temporary (90-day) amendment of section, see § 2(e) of the Legal Services Clarification and Technical Emergency Amendment Act of 1999 (D.C. Act 13-203, December 8, 1999, 46 DCR 10456).

For temporary (90-day) amendment of section, see § 2(e) of the Legal Services Clarification and Technical Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-293, March 7, 2000, 47 DCR 2063).

For temporary (90 day) amendment of section, see §§ 2 and 3 of Police and Fire Senior Management Overtime Emergency Amendment Act of 2001 (D.C. Act 14-84, July 9, 2001, 48 DCR 6371).

For temporary (90 day) amendment of section, see §§ 2(a) and 3 of Operation Enduring Freedom Active Duty Pay Differential Emergency Amendment Act of 2001 (D.C. Act 14-225, January 8, 2002, 49 DCR 664).

For temporary (90 day) amendment of section, see § 2(a) of Operation Enduring Freedom Active Duty Pay Differential Extension Emergency Act of 2002 (D.C. Act 14-498, October 23, 2002, 49 DCR 9795).

For temporary (90 day) amendment of section, see § 2(a) of Operation Enduring Freedom Active Duty Pay Differential Extension Congressional Review Emergency Act of 2003 (D.C. Act 15-16, February 24, 2003, 50 DCR 1944).

For temporary (90 day) amendment of section, see § 2(a) of Operation Enduring Freedom and Iraqi Freedom Active Duty Pay Differential Extension Emergency Amendment Act of 2003 (D.C. Act 15-74, April 16, 2003, 50 DCR 3619).

For temporary (90 day) amendment of section, see § 2(a) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-131, July 29, 2003, 50 DCR 6845).

For temporary (90 day) amendment of section, see § 2(a) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Emergency Amendment Act of 2004 (D.C. Act 15-357, February 19, 2004, 51 DCR 2574).

For temporary (90 day) amendment of section, see § 2 of District Government Reemployed Annuitant Offset Alternative Emergency Amendment Act of 2004 (D.C. Act 15-623, November 30, 2004, 52 DCR 1123).

For temporary (90 day) amendment of section, see § 2(a) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Second Emergency Amendment Act of 2004 (D.C. Act 15-646, December 29, 2004, 52 DCR 233).

For temporary (90 day) amendment of section, see § 2 of District Government Reemployed Annuitant Offset Alternative Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-44, February 22, 2005, 52 DCR 3051).

For temporary (90 day) amendment of section, see § 2(a) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Emergency Amendment Act of 2005 (D.C. Act 16-205, November 17, 2005, 52 DCR 10522).

For temporary (90 day) amendment of section, see § 2(a) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Emergency Amendment Act of 2006 (D.C. Act 16-516, October 25, 2006, 53 DCR 9099).

For temporary (90 day) amendment of section, see § 2(a) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Emergency Amendment Act of 2007 (D.C. Act 17-143, October 17, 2007, 54 DCR 10745).

For temporary (90 day) addition, see § 1281 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

For temporary (90 day) amendment of section 1281 of Fiscal Year 2010 Budget Support Act of 2009 and Fiscal Year 2010 Budget Support Second Emergency Act of 2009, see §§ 2, 3 of Retirement Incentive Emergency Amendment Act of 2009 (D.C. Act 18-254, December 22, 2009, 57 DCR 40).

For temporary (90 day) amendment of section, see § 1281 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

For temporary (90 day) addition of section, see § 2 of Bonus and Special Pay Clarification Emergency Amendment Act of 2010 (D.C. Act 18-364, April 2, 2010, 57 DCR 3164).

For temporary (90 day) amendment of section, see § 3022 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

For temporary (90 day) amendment of § 1026 and addition of § 1143 of D.C. Law 18-223, see § 112 of Fiscal Year 2011 Supplemental Budget Support Emergency Act of 2010 (D.C. Act 18-694, January 19, 2011, 58 DCR 662).

For temporary (90 days) bonus and special pay limitation, see § 1002 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) bonus and special pay limitation, see § 1002 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

For temporary (90 days) amendment of this section, see the first § 3062 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) amendment of this section, see § 3052 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

For temporary (90 days) bonus and special pay limitation, see § 1002 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of this section, see § 3052 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) bonus and special pay limitation, see § 1002 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, see § 3052 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, as amended by D.C. Law 20-155, § 3052(b), see § 2(e) of the Fiscal Year 2015 Budget Support Clarification Emergency Act of 2014 (D.C. Act 20-461, November 6, 2014, 61 DCR 11784, 20 STAT 4368).

For temporary (90 days) bonus and special pay limitation, see § 1002 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) amendment of this section, see § 3052 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) amendment of this section, see § 2(e) of the Fiscal Year 2015 Budget Support Clarification Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-587, January 13, 2015, 62 DCR 1294, 21 STAT 758).

For temporary (90 days) amendment of this section, see §§ 1002(a) and 7016(d) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

For temporary (90 days) amendment of this section, see § 2 of the Metropolitan Police Department Officer Retention and Recruitment Incentives Emergency Amendment Act of 2016 (D.C. Act 21-332, Mar. 17, 2016, 63 DCR 4304).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(a) of Comprehensive Merit Personnel Act Pay Limit Temporary Amendment Act of 1997 (D.C. Law 12-36, October 23, 1997, law notification 44 DCR 6554).

For temporary (225 day) amendment of section, see § 2 of Comprehensive Merit Personnel Act Annuity Offset Temporary Amendment Act of 1997 (D.C. Law 12-46, February 26, 1998, law notification 45 DCR 1507).

For temporary (225 day) amendment of section, see § 2(a) of Operation Enduring Freedom Active Duty Pay Differential Temporary Amendment Act of 2002 (D.C. Law 14-113, April 13, 2002, law notification 49 DCR 4061).

For temporary (225 day) amendment of section, see § 2(a) of Operation Enduring Freedom Active Duty Pay Differential Extension Temporary Act of 2002 (D.C. Law 14-247, March 25, 2003, law notification 50 DCR 2760).

For temporary (225 day) amendment of section, see § 2(a) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Temporary Amendment Act of 2003 (D.C. Law 15-23, July 22, 2003, law notification 50 DCR 6093).

For temporary (225 day) amendment of section, see § 2(a) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Temporary Amendment Act of 2004 (D.C. Law 15-158, May 18, 2004, law notification 51 DCR 5698).

For temporary (225 day) amendment of section, see § 2 of District Government Reemployed Annuitant Offset Alternative Temporary Amendment Act of 2004 (D.C. Law 15-317, April 8, 2005, law notification 52 DCR 4706).

For temporary (225 day) amendment of section, see § 2(a) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Second Temporary Act of 2004 (D.C. Law 15-323, April 8, 2005, law notification 52 DCR 4712).

Section 2(a) of D.C. Law 16-64 added par. (a)(7) to read as follows:

Section 4(b) of D.C. Law 16-64 provided that the act shall expire after 225 days of its having taken effect.

Section 2(a) of D.C. Law 16-299 added a new par. (7) to subsec. (a) to read as follows:

“(B) The Mayor shall issue rules within 30 days of July 22, 2003 to implement the provisions of this paragraph.”

Section 4(b) of D.C. Law 16-299 provided that the act shall expire after 225 days of its having taken effect.

Section 2(a) of D.C. Law 17-101 added subsec. (a)(7) to read as follows:

“(7)(A) Any full-time permanent, term, or TAPER District government employee who serves in a reserve component of the United States Armed Forces and who has been or will be called to active duty as a result of Operation Enduring Freedom, or in preparation for or as a result of Operation Iraqi Freedom, shall receive, upon application and approval, an amount that equals the difference in compensation between the employee’s District government basic pay and the employee’s basic military pay. This amount shall not be considered as basic pay for any purpose. This amount shall be paid for any period following the formal inception of Operation Enduring Freedom in 2001, any period following the beginning of the preparation for Operation Iraqi Freedom in 2002 and 2003, or for any period following the formal inception of Operation Iraqi Freedom in 2003, during which the employee is carried in a non-pay status, from the time the employee is called to active duty until the employee is released from active duty occasioned by any of these military conflicts.

“(B) The Mayor shall issue rules to implement the provisions of this paragraph.”

Section 5(b) of D.C. Law 17-101 provided that the act shall expire after 225 days of its having taken effect.

Section 2 of D.C. Law 18-122 amended section 1281 of D.C. Law 18-111 to read as follows:

“Sec. 1281. For fiscal year 2010, no funds shall be used to support the categories of special awards pay (comptroller subcategory 0137) or bonus pay (comptroller subcategory 0138); provided, that funds may be used to provide incentive awards under section 1901 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 § 1-619.01).”.

Section 4(b) of D.C. Law 18-122 provided that the act shall expire after 225 days of its having taken effect.

Section 2 of D.C. Law 18-187 amended section 1281 of D.C. Law 18-111 to read as follows:

“Sec. 1281. Restrictions on special awards pay or bonus pay.

“(a) For Fiscal Year 2010, no funds shall be used to support the categories of special awards pay or bonus pay; provided, that funds may be used to pay:

“(1) Retirement awards;

“(2) Hiring bonuses for difficult-to-fill positions;

“(3) Additional income allowances for difficult-to-fill positions;

“(4) Agency awards or bonuses funded by private grants or donations;

“(5) Safe driving awards;

“(6) Suggestion/invention awards; or

“(7) Any other award/bonus authorized by an existing contract or collective bargaining agreement that was entered into prior to the effective date of this subtitle.

“(b) No special awards pay or bonus pay shall be paid to a subordinate agency head or an assistant or deputy agency head under this section unless required by an existing contract that was entered into prior to the effective date of this subtitle.”.

Section 4(b) of D.C. Law 18-187 provided that the act shall expire after 225 days of its having taken effect.

For temporary (225 day) addition, see § 2(b) of Comprehensive Merit Personnel Act Pay Limit Temporary Amendment Act of 1997 (D.C. Law 12-36, October 23, 1997, law notification 44 DCR 6554).

Section 2(b) of D.C. Law 12-36 was amended by § 61 of D.C. Law 12-81.

For temporary (225 days) amendment of this section, see § 2(e) of the Fiscal Year 2015 Budget Support Clarification Temporary Amendment Act of 2014 (D.C. Law 20-179, March 7, 2015, 62 DCR 424).

Short Title

Short title: Section 1001 of D.C. Law 19-21 provided that subtitle A of title I of the act may be cited as “Bonus and Special Pay Limitation Act of 2011”.

Short title: Section 1021 of D.C. Law 18-223 provided that subtitle C of title I of the act may be cited as the “Within-Grade Salary Increases, Cost-of-Living Adjustments, and Salary and Benefits Schedules Act of 2010”.

Short title: Section 1141 of D.C. Law 18-223 provided that subtitle O of title I of the act may be cited as the “Bonus and Special Pay Limitation Act of 2010”.

Short title: Section 3011 of D.C. Law 19-21 provided that subtitle B of title III of the act may be cited as “FEMS Overtime Limitation Amendment Act of 2011”.

Section 1001 of D.C. Law 20-61 provided that Subtitle A of Title I of the act may be cited as the “Bonus and Special Pay Limitation Act of 2013”.

Section 3051 of D.C. Law 20-61 provided that Subtitle F of Title III of the act may be cited as the “Fire and Emergency Medical Services Overtime Limitation Amendment Act of 2013”.

References in Text

The “Retired Police Officer Public Schools Security Personnel Deployment Amendment Act of 1994”, referred to in (b), is D.C. Law 10-136, which is codified as this section, § 5-762, and § 5-723, and in notes to § 5-762 and this section.

Effective Dates

Section 10 of D.C. Law 4-78 provided that the amendment effected by § 8(a) shall be deemed to have taken effect on October 1, 1981, and no employee affected by subsection (a)(2), as amended by the act, shall suffer a reduction in pay.

Editor's Notes

Sections 1022 to 1027 of D.C. Law 18-223, as amended by section 112(a) of D.C. Law 18-370, provided:

“Sec. 1022. Definitions.

“For the purposes of this subtitle, the term:

“(1) ‘Agency’ means an agency, office, or instrumentality of the District government, including independent agencies and subordinate agencies, as such terms are defined in section 301(13) and (17) of the CMPA.

“(2) ‘CMPA’ means the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-601.01 et seq.).

“(3) ‘Negotiated salary schedule’ means a salary schedule specified in a collective bargaining agreement.

“(4) ‘Negotiated salary, wage, and benefits provision’ means the salary and benefits provided in a collective bargaining agreement.

“(5) ‘Personnel authority’ means an individual with the authority to administer all or part of a personnel management program as provided in sections 301(14) and 406 of the CMPA.

“(6) ’Within-grade salary increase’ means the advancement of an employee’s basic rate of pay to the next higher step or other increment within the same grade, class, or pay level based on quality or length of service, or both, without regard to whether the term ‘within-grade salary increase’ or another term is used to describe the advancement within the applicable compensation law or rule.

“Sec. 1023. Freeze of within-grade salary increases and cost-of-living adjustments.

“(a) Notwithstanding any other provision of law, rule, or collective bargaining agreement, an employee of an agency shall not receive a within-grade salary increase or a cost-of-living adjustment during the period from October 1, 2010, through September 30, 2011.

“(b) Time in a pay or non-pay status during the period from October 1, 2010 through September 30, 2011, shall not be considered creditable service for the purpose of computing an employee’s length of service or waiting period for a within-grade salary increase under Title XI of the CMPA or other applicable law or rule.

“Sec. 1024. Maintenance of fiscal year 2010 salary schedules and benefits in fiscal year 2011.

“Notwithstanding any other provision of law, collective bargaining agreement, memorandum of understanding, side letter, or settlement, whether specifically outlined or incorporated by reference, all fiscal year 2010 salary schedules shall be maintained during fiscal year 2011, and no increase in salary or benefits, including increases in negotiated salary, wage, and benefits provisions and negotiated salary schedules, shall be provided in fiscal year 2011 from the fiscal year 2010 salary and benefits levels.

“Sec. 1025. Application to certain employees of the District of Columbia Public Schools.

“(a) Sections 1023 and 1024 shall not apply to employees of the District of Columbia Public Schools who are based at a local school or provide direct services to individual students if the Council approves a collective bargaining agreement between The Washington Teachers’ Union, Local #6 of the American Federation of Teachers, and the District of Columbia Public Schools for the period October 1, 2007 through September 30, 2012.

“(b) Notwithstanding any other provision of law, no restriction on the use of funds to support the categories of special awards pay (comptroller subcategory 0137) or bonus pay (comptroller subcategory 0138) shall apply in fiscal year 2010 or fiscal year 2011 to employees of the District of Columbia Public Schools who are based at a local school or who provide direct services to individual students if the Council approves a collective bargaining agreement between The Washington Teachers’ Union, Local #6 of the American Federation of Teachers, and the District of Columbia Public Schools for the period October 1, 2007 through September 30, 2012.

“(c) This section shall apply subject to the certification of the availability of funding by the Chief Financial Officer.

“Sec. 1026. Application to the Metropolitan Police Department and the Fire and Emergency Medical Services Department.

“Sections 1023 and 1024 shall not apply to employees of the Metropolitan Police Department, the Fire and Emergency Medical Services Department, and the University of the District of Columbia.

“Sec. 1027. Rules.

“To the extent authorized by the CMPA or other applicable law or rule, each personnel authority may issue rules to implement this subtitle.”

Section 1141 of D.C. Law 18-223 provided that subtitle O of title I of the act may be cited as the ‘Bonus and Special Pay Limitation Act of 2010‘.

Section 1142 of D.C. Law 18-223 provided:

“Sec. 1142. Bonus and special pay limitations.

“(a) For fiscal year 2011, no funds shall be used to support the categories of special awards pay or bonus pay; provided, that funds may be used to pay:

“(1) Retirement awards;

“(2) Hiring bonuses for difficult-to-fill positions;

“(3) Additional income allowances for difficult-to-fill positions;

“(4) Agency awards or bonuses funded by private grants or donations;

“(5) Safe driving awards;

“(6) Suggestion/invention awards; or

“(7) Any other award/bonus required by an existing contract or collective bargaining agreement that was entered into prior to the effective date of this subtitle September 24, 2010.”

“(b) No special awards pay or bonus pay shall be paid to a subordinate agency head or an assistant or deputy agency head unless required by an existing contract that was entered into prior to the effective date of this subtitle.”

Section 112(b) of D.C. Law 18-370 added section 1143 of D.C. Law 18-223 to read as follows:

“Sec. 1143. Exemption. Section 1142 shall not apply to employees of the University of the District of Columbia.”.

Section 1002 of D.C. Law 19-21 provided:

“Sec. 1002. Bonus and special pay limitations.

“(a) For fiscal year 2012, no funds shall be used to support the categories of special awards pay or bonus pay; provided, that funds may be used to pay:

“(1) Retirement awards;

“(2) Hiring bonuses for difficult-to-fill positions;

“(3) Additional income allowances for difficult-to-fill positions;

“(4) Agency awards or bonuses funded by private grants or donations;

“(5) Safe driving awards;

“(6) Suggestion/invention awards; or

“(7) Any other award/bonus required by an existing contract or collective bargaining agreement that was entered into prior to October 1, 2010.

“(b) For fiscal year 2012, no special awards pay or bonus pay shall be paid to a subordinate agency head or an assistant or deputy agency head unless required by an existing contract that was entered into prior to October 1, 2010.

“(c) Notwithstanding any other provision of law, no restrictions on the use of funds to support the categories of special awards pay (comptroller subcategory 0137) or bonus pay (comptroller subcategory 0138) shall apply in fiscal year 2012 to employees of the District of Columbia Public Schools who are based at a local school or who provide direct services to individual students.”

Section 1002 of D.C. Law 19-168 provided:

“Bonus and special pay limitations. (a) For fiscal year 2013, no funds shall be used to support the categories of special awards pay or bonus pay; provided, that funds may be used for:

“(1) Retirement awards;

“(2) Hiring bonuses for difficult-to-fill positions;

“(3) Additional income allowances for difficult-to-fill positions;

“(4) Agency awards or bonuses funded by private grants or donations;

“(5) Safe-driving awards;

“(6) Gainsharing incentives in the Department of Public Works;

“(7) Suggestion or invention awards; or

“(8) Any other award or bonus required by an existing contract or collective bargaining agreement that was entered into before the effective date of this subtitle.

“(b) For fiscal year 2013, no special awards pay or bonus pay shall be paid to a subordinate agency head or an assistant or deputy agency head unless required by a contract executed before the effective date of this subtitle.

“(c) Notwithstanding any other provision of law, no restrictions on the use of funds to support the categories of special awards pay (comptroller subcategory 0137) or bonus pay (comptroller subcategory 0138) shall apply in fiscal year 2013 to employees of the District of Columbia Public Schools who are based at a local school or who provide direct services to individual students.”

Section 1002 of D.C. Law 20-61 provided for bonus and special pay limitations for fiscal year 2014.

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.

Section 1002 of D.C. Law 20-155 provided for bonus and special pay limitations for fiscal year 2015.

Section 1002 of D.C. Law D.C. Law 21-36 provided for bonus and special pay limitations for fiscal year 2016.

Applicability of D.C. Law 21-36: Section 10001 of D.C. Law 21-36 provided that, except as otherwise provided, the act shall apply as of October 1, 2015.

Resolutions

Resolution 17-903, the “Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Rulemaking Approval Resolution of 2008”, was approved effective December 16, 2008.