§ 5–1053. Conditional retirement.

(a) If a member of the Department retires or resigns while under disciplinary investigation, that member shall be deemed to be in conditional retirement until the disciplinary investigation is completed and factual findings are made.

(b) A member who is in conditional retirement shall not be paid a pension or receive other accrued benefits of any kind, including salary, compensatory time, or accrued leave, during the pendency of the disciplinary investigation.

(c) The Department shall complete the disciplinary investigation of a member in conditional retirement within 25 days from the date that the member retired or resigned. If the Department has not completed the investigation 25 days from the date the member retired or resigned, the matter shall be deemed to be closed and the allegations of serious misconduct not sustained.

(d) If, at any time during a member’s conditional retirement, the Department finds that the allegations of serious misconduct are not sustained or are unfounded, the matter shall be deemed to be closed and the member’s pension rights and accrued benefits shall be paid retroactive to the date on which the member initially retired or resigned.

(e) If the Department sustains the allegations of serious misconduct, the disciplinary process shall proceed as if the member in conditional retirement continued to be a member of the Department. The member shall be accorded all rights to which he or she is entitled under federal and District of Columbia law and regulations, Department regulations, and any applicable labor agreement.

(f) If the Department ultimately determines that a member in conditional retirement should be subjected to discipline as provided by law and regulation, the member shall be subject to penalties in lieu of discipline, pursuant to § 5-1054.

(g) A member who retires or resigns from the Department without knowing that he or she was under disciplinary investigation for serious misconduct shall not be deemed to be in conditional retirement, but shall instead be provided the opportunity to continue employment with the Department during the pendency of the disciplinary investigation. Should the member decide to retire or resign after he or she has been informed of the disciplinary investigation, he or she shall be deemed to be in conditional retirement as provided in this section.