§ 5–544.01. Service longevity.

(a)(1) In recognition of long and faithful continuous service, each officer and member in the active service on or after August 29, 1972, except for the Chief of Police and the Fire Chief, shall receive per annum, in addition to the rate of basic compensation prescribed in the salary schedule contained in § 5-541.01, as modified pursuant to § 5-545.06a, an amount computed in accordance with the following table; provided, that for each Assistant Fire Chief, Deputy Fire Chief, and Battalion Fire Chief in active service, longevity pay shall be calculated based on the Class and Service Step that the member occupies:

If an officer or member has completed at least:	He shall receive per annum an amount, fixed to the nearest dollar, equal to:
Fifteen years of continuous service.	Five per centum of the rate of basic compensation prescribed for service step 1 of the salary class of such salary schedule which he occupies.
Twenty years of continuous service.	Ten per centum of such compensation.
Twenty-five years of continuous service.	Fifteen per centum of such compensation.
Thirty years of continuous service.	Twenty per centum of such compensation.

(1A) Repealed.

(1B) Notwithstanding this subsection or any other provision of law, Cathy L. Lanier, Chief of Police, upon completion of 25 years of continuous service with the Metropolitan Police Department, effective September 24, 2015, shall receive in addition to her respective salary set in accordance with § 1-610.52, an amount computed by multiplying her salary by five per centum for her years of service.

(2) For purposes of paragraph (1) of this subsection, continuous service as an officer or member includes only those periods of his service determined to have been satisfactory service and any period of his service in the Armed Forces of the United States other than any period of such service:

(A) Determined not to have been satisfactory service;

(B) Rendered before appointment as an officer or member; or

(3)(A) Subject to the availability of federal or local appropriations, each officer and member of the Metropolitan Police Department appointed on or before February 15, 1980, shall receive additional compensation in accordance with paragraph (1) of this subsection only as long as he remains in the active service. The additional compensation shall be paid in the same manner as the basic compensation to which such officer or member is entitled and shall be subject to the same deductions as basic compensation, but shall not be considered as salary for the purpose of computing insurance coverage under the provisions of Chapter 87 of Title V of the United States Code. The additional compensation shall be included for purposes of retirement annuity calculations only for those officers and members who complete 20 years of active service prior to retirement. The District of Columbia and the Secretary of the Treasury are authorized to estimate the additional compensation for longevity for purposes of retirement annuity calculations for annuitants who retired on or after August 29, 1972, and on or before December 31, 2001. The District of Columbia and the Secretary of the Treasury are authorized to make payments based upon the use of such estimates. For the purpose of computing credit for service longevity in calculating retirement annuities pursuant to this subparagraph, active service includes any service that is creditable under § 5-704.

(B) Subject to the availability of federal or local appropriations, each officer and member of the Metropolitan Police Department appointed after February 15, 1980, shall receive additional compensation in accordance with paragraph (1) of this subsection only as long as he remains in the active service. The additional compensation shall be paid in the same manner as the basic compensation to which the officer or member is entitled and shall be subject to the same deduction as basic compensation, but shall not be considered as salary for the purpose of computing insurance coverage under the provisions of Chapter 87 of Title V of the United States Code. Such additional compensation shall be included for purposes of retirement annuity calculations only for those officers and members who complete 25 years of active service prior to retirement. The District of Columbia and the Secretary of the Treasury are authorized to estimate the additional compensation for longevity for purposes of retirement annuity calculations for annuitants who retired on or after August 29, 1972, and on or before December 31, 2001. The District of Columbia and the Secretary of the Treasury are authorized to make payments based upon the use of such estimates. For the purpose of computing credit for service longevity in calculating retirement annuities pursuant to this subparagraph, active service includes any service that is creditable under § 5-704.

(B-i) Each member of the Fire Service shall receive additional compensation in accordance with paragraph (1) of this subsection only as long as the member remains in the active service. The additional compensation shall be paid in the same manner as the basic compensation to which the member is entitled and shall be subject to the same deductions as basic compensation. The service longevity payment shall be considered basic compensation for the purposes of retirement, calculation of survivor benefits and annuities under § 5-716, life insurance, and other forms of premium pay, for each member who retires on or after February 15, 1980. For the purpose of computing credit for service longevity in calculating retirement annuities pursuant to this subparagraph, active service includes any service that is creditable under § 5-704.

(B-ii) For the purposes of retirement benefits based on the service longevity compensation provided for in this paragraph, the District government shall be liable financially only for District contributions to and payments from the District of Columbia Police Officers and Fire Fighters’ Retirement Fund, established by § 1-712, for those benefits accrued or earned on or after July 1, 1997.

(C) Subject to the availability of federal or local appropriations, § 5-745(c) and (e) shall not apply to compensation for service longevity provided for in this paragraph.

(4) This subsection shall not apply to officers and members of the United States Secret Service Uniformed Division or the United States Park Police.

(b) Notwithstanding any other provision of this or any other law, individuals retired from active service prior to the effective date of the District of Columbia Police and Firemen’s Salary Act Amendments of 1972, and who are entitled to receive a pension relief allowance or retirement compensation under subchapter I of Chapter 7 of this title, shall not be entitled to receive an increase in their pension relief allowance or retirement compensation by reason of the enactment of this section.

(c) Notwithstanding any other provision of this or any other law, each Deputy Chief of the Metropolitan Police force and of the Fire Department of the District of Columbia shall, upon completion of 30 years of continuous service on the police force or Fire Department, as the case may be, be placed in, and receive basic compensation at, the highest service step in the salary class to which his position is assigned in the salary schedule contained in § 5-541.01. For purposes of this subsection, in computing a Deputy Chief ’s continuous service on the police force or Fire Department, there shall be included only those periods of his service determined to have been satisfactory service and any period of his service in the Armed Forces of the United States other than any period of such service:

(1) Determined not to have been satisfactory service;

(2) Rendered before appointment as an officer or member; or

(3) Rendered after resignation as an officer or member.

(d)(1) Notwithstanding any other law or regulation, employees appointed pursuant to § 1-610.72 shall be eligible for compensation in accordance with this section.

(2) Notwithstanding any other law or regulation, for employees appointed pursuant § 1-610.72, years of law enforcement experience shall constitute years of continuous service to the District of Columbia for purposes of this section.

(e) For employees transferred pursuant to § 5-409.01, any continuous prior service with the District of Columbia Fire and Emergency Medical Services Department shall constitute years of continuous service to the District of Columbia for the purposes of this section.

(Aug. 1, 1958, 72 Stat. 484, Pub. L. 85-584, title IV, § 401; Oct. 24, 1962, 76 Stat. 1243, Pub. L. 87-882, § 3(d); Sept. 2, 1964, 78 Stat. 882, Pub. L. 88-575, title I, § 105; May 27, 1968, 82 Stat. 144, Pub. L. 90-320, § 3; June 30, 1970, 84 Stat. 356, Pub. L. 91-297, title I, § 106; Aug. 29, 1972, 86 Stat. 638, Pub. L. 92-410, title I, § 110; Sept. 3, 1974, 88 Stat. 1037, Pub. L. 93-407, title I, § 101(a)(8), (9); May 9, 2000, D.C. Law 13-101, § 2, 47 DCR 1354; Oct. 4, 2000, D.C. Law 13-160, § 103(h), 47 DCR 4619; Dec. 21, 2000, 114 Stat. 2763, Pub. L. 106-554, § 1(a)(4), H.R. 5666 § 904(c); Oct. 3, 2001, D.C. Law 14-28, § 204, 48 DCR 6981; Oct. 19, 2002, D.C. Law 14-213, § 10, 49 DCR 8140; Mar. 13, 2004, D.C. Law 15-105, § 37(b), 38(a), 51 DCR 881; Mar. 30, 2004, D.C. Law 15-125,§ 2, 51 DCR 1545; Mar. 6, 2007, D.C. Law 16-223, § 202, 53 DCR 10221; May 13, 2008, D.C. Law 17-154, § 6(b), 55 DCR 3678; Feb. 24, 2012, D.C. Law 19-83, § 3, 58 DCR 11024; Dec. 21, 2012, D.C. Law 19-205, § 4, 59 DCR 12472; Oct. 8, 2016, D.C. Law 21-160, § 3042, 63 DCR 10775.)

Prior Codifications

1981 Ed., § 4-415.

1973 Ed., § 4-832.

Section References

This section is referenced in § 5-545.06a and § 5-723.02.

Effect of Amendments

D.C. Law 13-101 rewrote par. (a)(3), which had read:

“Each officer and member shall receive additional compensation in accordance with paragraph (1) of this subsection only as long as he remains in the active service. Such compensation shall be paid in the same manner as the basic compensation to which such officer or member is entitled, except that it shall not be subject to deduction and withholding for retirement and insurance, and shall not be considered as salary for the purpose of computing annuities pursuant to §§ 4-607 to 4-630 and for the purpose of computing insurance coverage under the provisions of Chapter 87 of Title 5, United States Code.”

D.C. Law 13-160 added subsec. (d), relating to employees appointed pursuant to § 1-610.72.

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

D.C. Law 14-213, in subsecs. (a)(3)(A) and (a)(3)(B), added the last sentence.

D.C. Law 15-105, in subsecs. (a)(3) and (e), validated a previously made technical correction.

D.C. Law 15-125, in subsec. (a)(3)(A) and (B), inserted “For the purpose of computing credit for service longevity in calculating retirement annuities pursuant to this subparagraph, active service includes any service that is creditable under § 5-704.”

D.C. Law 16-223, in subsec. (a)(3)(A), substituted “February 15, 1980” for “January 1, 1980”, and reduced the length of service needed for additional compensation from 25 years to 20 years; in subsec. (a)(3)(B), substituted “February 15, 1980” for “January 1, 1980”; and added subsecs. (a)(3)(B-1) and (B-2).

D.C. Law 17-154, in subsec. (a), substituted “continuous service, except as provided in paragraph (1A) of this subsection,” for “service,” in the lead-in language, and added par. (1A).

D.C. Law 19-83, in subsec. (a)(1), substituted “In recognition of long and faithful continuous service, each officer and member in the active service on or after the effective date of the District of Columbia Police and Firemen’s Salary Act Amendments of 1972, except for the Chief of Police and the Fire Chief, shall receive per annum, in addition to the rate of basic compensation prescribed in the salary schedule contained in § 5-541.01, an amount computed in accordance with the following table:” for “In recognition of long and faithful continuous service, except as provided in paragraph (1A) of this subsection, each officer and member in the active service on or after the effective date of the District of Columbia Police and Firemen’s Salary Act Amendments of 1972 shall receive per annum, in addition to the rate of basic compensation prescribed in the salary schedule contained in § 5-541.01, an amount computed in accordance with the following table:”; and repealed subsec. (a)(1A).

The 2012 amendment by D.C. Law 19-205 added (1B).

Emergency Legislation

For temporary (90-day) amendment of section, see § 3(h) of the Lateral Appointment of Law Enforcement Officers Emergency Amendment Act of 1999 (D.C. Act 13-137, August 4, 1999, 46 DCR 6802).

For temporary (90-day) amendment of section, see § 3(h) of the Lateral Appointment of Law Enforcement Officers Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-175, November 2, 1999, 46 DCR 9236).

For temporary (90-day) amendment of section, see § 3(h) of the Lateral Appointment of Law Enforcement Officers Clarifying Emergency Amendment Act of 1999 (D.C. Act 13-231, January 11, 2000, 47 DCR 506).

For temporary (90-day) amendment of section, see § 3(h) of the Lateral Appointment of Law Enforcement Officers Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-305, April 7, 2000, 47 DCR 2701).

For temporary (90 day) amendment of section, see § 204 of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).

Temporary Legislation

For temporary (225 day) amendment of section, see § 3(h) of Lateral Appointment of Law Enforcement Officers Temporary Amendment Act of 1999 (D.C. Law 13-61, October 12, 1999, law notification 47 DCR 1983).

For temporary (225 day) amendment of section, see § 3(h) of Lateral Appointment of Law Enforcement Officers Clarifying Temporary Amendment Act of 1999 (D.C. Law 13-102, January 10, 2000, law notification 47 DCR 4339).

References in Text

The effective date of the Police and Firemen’s Salary Act Amendments of 1972, referred to in subsections (a)(1) and (b) of this section, is prescribed by § 118 of the Act of August 29, 1972, 86 Stat. 634, Pub. L. 92-410.

“Chapter 87 of Title V of the United States Code”, referred to in subsection (a)(3), is codified at 5 U.S.C. § 8701 et seq.