Subchapter XXII. Life Insurance; Benefit Program Study.

§ 1–622.01. Federal life insurance benefits.

The life insurance benefits provisions of Chapter 87 of Title 5 of the United States Code shall apply to all employees of the District government first employed before October 1, 1987, except those specifically excluded by law or rule and regulation. Procedures established for administering the life insurance benefits program within the District government shall be consistent with law and civil services rules.

§ 1–622.02. Benefit program study.

Within 18 months after March 3, 1979, the Mayor shall transmit a study to the Council concerning development of a program of disability income protection to be made available to employees through collective bargaining and a program of low cost legal services for employees.

§ 1–622.03. District life insurance benefits.

The District shall provide the group life insurance benefits set forth in § 1-622.07 to all employees of the District first employed after September 30, 1987, except those specifically excluded by law or by rule.

§ 1–622.04. Definitions.

For the purposes of §§ 1-622.05 through 1-622.14, the term:

(1) “Annuitant” means:

(A) An employee first employed by the District after September 30, 1987, who has subsequently retired pursuant to any of the following:

(i) Teachers’ Retirement System (§§ 38-2001.01 to 38-2023.16);

(ii) Police and Fire Retirement System (§§ 5-707 to 5-730);

(iii) Judges’ Retirement System (§§ 11-1561 to 11-1571); or

(iv) Teachers’ Insurance and Annuity Association programs; or

(B) An employee first employed by the District after September 30, 1987, who has subsequently separated pursuant to the District Retirement Benefit Program (§§ 1-626.03 to 1-626.14) after any of the following:

(i) Reaching 57 years of age and having completed 25 years of creditable District service in a law enforcement position;

(ii) Becoming entitled to retirement benefits under the Social Security Act; or

(iii) Becoming entitled to disability benefits under the Social Security Act.

(2) “Dependent child” includes:

(A) An adopted child; and

(B) A stepchild, foster child, or natural child of an employee or annuitant.

(3) “Employee” means an individual first employed by the District after September 30, 1987.

(4) “Member of family” means:

(A) The spouse of an employee or annuitant;

(B) An unmarried dependent child under 22 years of age;

(D) An unmarried child regardless of age who is incapable of self-support because of mental or physical disability that existed before age 22.

(5) “Viatical settlement” means an irrevocable assignment of all an employee’s or former employee’s incidents of ownership in a life insurance policy.

(Mar. 3, 1979, D.C. Law 2-139, § 2204; as added Oct. 1, 1987, D.C. Law 7-27, § 2(f), 34 DCR 5079; Mar. 20, 1998, D.C. Law 12-65, § 2(a), 44 DCR 7608; Mar. 20, 1998, D.C. Law 12-66, § 2(b), 45 DCR 343.)

Prior Codifications

1981 Ed., § 1-623.4.

Emergency Legislation

For temporary amendment of section, see § 2(b) of the Comprehensive Merit Personnel Act Health Benefits and Life Insurance Clarification Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-27, March 11, 1997, 44 DCR 1892), and § 2(b) of the Comprehensive Merit Personnel Act Health and Life Insurance Clarification Legislative Review Emergency Amendment Act of 1997 (D.C. Act 12-213, December 5, 1997, 44 DCR 7615).

For temporary amendment of section, see § 2(a) of the District of Columbia Employee Viatical Settlement Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-26, March 11, 1997, 44 DCR 1890), and see § 2(a) of the Employee Viatical Settlement Legislative Review Emergency Amendment Act of 1997 (D.C. Act 12-212, December 5, 1997, 44 DCR 7613).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(b) of the Comprehensive Merit Personnel Act Health and Life Insurance Clarification Temporary Amendment Act of 1996 (D.C. Law 11-183, April 9, 1997, law notification 44 DCR 2378).

For temporary (225 day) amendment of section, see § 2(a) of the District of Columbia Employee Viatical Settlement Temporary Amendment Act of 1996 (D.C. Law 11-188, April 9, 1997, law notification 44 DCR 2383).

§ 1–622.05. Contracting authority.

(a) The Mayor may purchase from 1 or more life insurance companies a policy or policies of group life insurance to provide the benefits set forth in § 1-622.07 from a life insurance company licensed to provide life and accidental death and dismemberment insurance under the laws of the District. Any contract under this section shall be in accordance with Chapter 3 of Title 2.

(b) The Mayor may discontinue at any time a policy purchased from a company under subsection (a) of this section.

§ 1–622.06. Automatic coverage; description of benefits.

(a) Except as provided in subsection (b) of this section, an employee is automatically insured on the date the employee becomes eligible for insurance. Each policy purchased by the Mayor under § 1-622.05 shall provide for this automatic coverage.

(b) An employee who does not wish to be insured shall give written notice to the employee’s employing office or such other office designated by the Mayor on a form prescribed by the Mayor. If notice is received before the employee becomes insured, then the employee shall not be insured. If notice is received after the employee has become insured, the insurance will end at the end of the pay period in which the notice was received.

(1) The benefits to which the employee, annuitant, or member of the family of the employee or annuitant are entitled;

(2) The procedures for obtaining benefits; and

(3) The principal provisions of the policy in effect.

§ 1–622.07. Group insurance; amounts.

(a) The group life insurance amounts purchased by the District under § 1-622.05 shall be no less than the insurance amounts provided under the Federal Employees Group Life Insurance (“F.E.G.L.I.”) plan pursuant to 5 U.S.C. § 8702, in effect as of October 1, 1987.

(b) Employees shall be offered the option of purchasing additional coverage for themselves, and for their spouses and dependent children, and the cost of the additional coverage shall be borne solely by the employees purchasing that coverage, except Executive Service employees.

(Mar. 3, 1979, D.C. Law 2-139, § 2207; as added Oct. 1, 1987, D.C. Law 7-27, § 2(f), 34 DCR 5079; June 10, 1998, D.C. Law 12-124, § 101(w)(1), 45 DCR 2464.)

Prior Codifications

1981 Ed., § 1-623.7.

Section References

This section is referenced in § 1-622.03 and § 1-622.05.

Editor's Notes

For actual amounts under the Federal Employees Group Life Insurance plan referred to in (a), see 5 U.S.C. § 8704.

Applicability of § 101(w) of D.C. Law 12-124: Section 401(c) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(h), (l), (m), (n), (o)(2) through (5), (q), (r), (t), (u), (w), and (y) of the act shall apply as of October 21, 1998.

§ 1–622.08. Death claims; order of precedence; viatical settlements.

(a) Except as provided in subsection (a-1) of this section, the amount of group life insurance in force for an employee or annuitant at the date of the employee or annuitant death shall be paid, on the establishment of a valid claim, to the person or persons surviving at the date of the death of the employee or annuitant, in the following order of precedence:

(1) To the beneficiary or beneficiaries designated by the employee or annuitant in a signed and witnessed writing executed and filed before death;

(2) If there is no designated beneficiary, to the widow or widower of the employee or annuitant;

(3) If none of the above, to the child or children of the employee or annuitant and descendants of a deceased child or children by representation;

(4) If none of the above, to the parents or parent of the employee or annuitant;

(5) If none of the above, to the duly appointed personal representative of the estate of the employee or annuitant; or

(6) If none of the above, to the other next of kin of the employee or annuitant under the laws of the domicile of the employee or annuitant at the date of death.

(a-1)(1) Except as provided in paragraph (2) of this subsection, pursuant to rules and regulations prescribed by the Mayor, each policy purchased pursuant to § 1-622.05 shall provide that an insured employee or former employee who is terminally ill may make a viatical settlement, which is an irrevocable assignment of all the employee’s or former employee’s incidents of ownership in the policy. The assignment shall automatically cancel any designation of beneficiary the insured person might have made, and the insured person shall no longer have the right to designate a beneficiary. The assignee shall assume the right to convert the insurance when the insured employee’s employment circumstances would have provided this option to the insured employee.

(2) The assignment shall exclude accidental dismemberment insurance and family optional insurance.

(b) If no claim has been filed by any of the persons set forth in subsection (a) of this section or an assignee pursuant to subsection (a-1) of this section within 4 years of the date of death of an employee or annuitant, then the funds shall be deposited into the General Fund of the District of Columbia to be kept for safekeeping and disbursed in accordance with Chapter 1 of Title 41.

(Mar. 3, 1979, D.C. Law 2-139, § 2208; as added Oct. 1, 1987, D.C. Law 7-27, § 2(f), 34 DCR 5079; Mar. 20, 1998, D.C. Law 12-65, § 2(b), 44 DCR 7608.)

Prior Codifications

1981 Ed., § 1-623.8.

Emergency Legislation

For temporary amendment of section, see § 2(b) of the District of Columbia Employee Viatical Settlement Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-26, March 11, 1997, 44 DCR 1890), and § 2(b) of the Employee Viatical Settlement Legislative Review Emergency Amendment Act of 1997 (D.C. Act 12-212, December 5, 1997, 44 DCR 7613).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(b) of the District of Columbia Employee Viatical Settlement Temporary Amendment Act of 1996 (D.C. Law 11-188, April 9, 1997, law notification 44 DCR 2383).

§ 1–622.09. Termination of insurance.

(a) A policy purchased under § 1-622.05 shall contain a provision, approved by the Mayor, providing that insurance on an employee ends 1 month after separation from the District or after discontinuance of pay, with provision for temporary extension of life insurance coverage and for conversion to an individual policy of life insurance under conditions approved by the Mayor.

(b) An employee in a group life insurance plan under § 1-622.05 who is removed or suspended without pay and later reinstated or restored to duty on the grounds that the removal or suspension was unwarranted or unjustified may, at the employee’s option, enroll as a new employee or have the employee’s coverage restored, with appropriate adjustments made in contributions and claims, to the same extent and effect as though the removal or suspension had not taken place.

§ 1–622.10. Employee deductions; withholdings; payments.

(a) During each pay period in which the employee or annuitant is insured under a policy of insurance purchased by the District under § 1-622.05, an amount determined by the Mayor shall be withheld from the compensation of the employee or the annuity of the annuitant as his or her share of the cost of the group life insurance benefits purchased under § 1-622.05. The amount withheld from an employee or annuitant paid on other than a biweekly basis shall be determined at a proportional rate adjusted to the nearest cent.

(b) During each pay period in which an employee receiving disability compensation benefits pursuant to subchapter XXIII of this chapter is insured under a policy of group life insurance purchased by the District under § 1-622.05, an amount determined by the Mayor shall be withheld from the disability compensation benefits of the individual as his or her share of the cost of the group insurance.

(c) There shall be paid by each annuitant who received his or her benefits as a lump sum payment an amount equal to the cost of the life insurance plan less the amount of the District contribution to the life insurance plan for the annuitant.

§ 1–622.11. District contributions.

(a) For each pay period in which an employee or annuitant is insured under a policy of insurance purchased under § 1-622.05, a sum computed at a rate determined by the Mayor shall be contributed from the appropriation or fund that is used to pay the employee or annuitant to the carrier of the plan that the employee or annuitant has selected. This sum shall not exceed one-half the amount that is withheld from the compensation of the employee or annuitant under § 1-622.10 for basic life insurance coverage.

(b) The District’s contribution for annuitants shall be paid from the trust fund established in § 1-621.09.

(Mar. 3, 1979, D.C. Law 2-139, § 2211; as added Oct. 1, 1987, D.C. Law 7-27, § 2(f), 34 DCR 5079; Mar. 7, 2000, D.C. Law 13-54, § 2(b), 46 DCR 9915.)

Prior Codifications

1981 Ed., § 1-623.11.

Effect of Amendments

D.C. Law 13-54 designated the existing text as subsec. (a), and added subsec. (b).

Emergency Legislation

For temporary amendment of section, see § 2(b) of the Annuitants’ Health and Life Insurance Employer Contribution Emergency Amendment Act of 1998 (D.C. Act 12-617, January 22, 1999, 46 DCR 1335).

For temporary (90-day) amendment of section, see § 2(b) of the Annuitants’ Health and Life Insurance Employer Contribution Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-199, December 1, 1999, 46 DCR 10446).

For temporary (90-day) amendment of section, see § 2(b) of the Annuitants’ Health and Life Insurance Employer Contribution Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-276, March 7, 2000, 47 DCR 2015).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(b) of the Annuitants’ Health and Life Insurance Employer Contribution Temporary Amendment Act of 1999 (D.C. Law 12-278, April 27, 1999, law notification 46 DCR 4284).

§ 1–622.12. Annual accounting; reports.

(a) Each policy purchased by the District under § 1-622.05 shall provide for an accounting by the company from which the insurance was purchased to the Mayor not later than 90 days after the end of each policy year. The accounting shall set forth, in form approved by the Mayor:

(1) The amounts of premiums actually accrued under the policy from its date of issue to the end of the policy year;

(2) The total of all mortality and other claim charges incurred for that period; and

(3) The amounts of the company’s expenses and risk charges incurred for that period.

(b) Each contract entered into under § 1-622.05 shall require the company to:

(1) Furnish reasonable reports as the Mayor determines to be necessary to enable the District to carry out its functions under this subchapter; and

(2) Permit the Mayor to examine records of the company as may be necessary to carry out the purposes of this subchapter.

§ 1–622.13. Special contingency reserve.

(a) An excess of the total of § 1-622.12(a)(1) over the sum of § 1-622.12(a)(2) and (a)(3) shall be held by the company issuing the policy as a special contingency reserve to be used by the company only for charges under the policy purchased under § 1-622.05.

(b) The special contingency reserve shall bear interest at a rate determined in advance of each policy period by the company from which the insurance was purchased under § 1-622.05 and approved by the Mayor as being consistent with the rates generally used by the company from which the insurance was purchased under § 1-622.05 for similar funds held under other group life insurance policies.

(c) When the Mayor determines that the amount of the special contingency reserve is sufficient to provide for adverse fluctuations in future charges under the policy, any funds in excess of that amount may be used to increase benefits, to reduce premiums, or both, or may be deposited in the General Fund of the District.

(d) When a policy purchased under § 1-622.05 is discontinued, any balance remaining in the special contingency reserve after all charges have been paid shall be deposited in the General Fund of the District.

(e) When a policy purchased pursuant to § 1-622.05 is replaced by a successor policy, either by a new policy under a contract with the same life insurance company or by a policy under a new contract with another life insurance company, any balance remaining in the special contingency reserve shall be transferred to the special contingency reserve for the new policy.

§ 1–622.14. Rules; eligibility.

(a) In order to ensure proper implementation of the group life insurance under § 1-622.05 by October 1, 1987, the Mayor may issue temporary rules regarding the group life insurance that shall not be subject to Council review. These temporary rules shall remain in effect only until the proposed rules have been approved or been deemed approved by the Council in accordance with subsection (b) of this section.

(b) The Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue proposed rules to implement the provisions of this subchapter. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved.

(c) The proposed rules shall prescribe the time, manner, and conditions under which employees are eligible for coverage. The proposed rules may exclude employees on the basis of the nature and type of employment or conditions of employment such as short-term appointment, seasonal employment, intermittent or part-time employment, and employment of a similar nature, but shall not exclude an employee or group of employees solely on the basis of the hazardous nature of employment.

§ 1–622.15. Disability income protection.

The Mayor shall establish a disability income program to include short- and long-term disability insurance which shall provide coverage for non-job-related injuries and illnesses.

(Mar. 3, 1979, D.C. Law 2-139, § 2215; as added June 10, 1998, D.C. Law 12-124, § 101(w)(2), 45 DCR 2464.)

Prior Codifications

1981 Ed., § 1-623.15.

Editor's Notes

Applicability of § 101 of D.C. Law 12-124: Section 401(c) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(h), (l), (m), (n), (o)(2) through (5), (q), (r), (t), (u), (w), and (y) of the act shall apply as of October 21, 1998.

Construction of Law

Construction of Law 12-124

Section 301 of D.C. Law 12-124 provided that nothing in the act shall be construed as superseding the provisions of the National Capital Revitalization and Self-Government Improvement Act of 1997, approved August 5, 1997 (Public Law 105-33; 111 Stat. 712), except that § 47-395.04(b)(3) is expressly superseded. Further, nothing in the act shall be construed as superseding the provisions of § 47-391.01 et seq. or of § 164 of the District of Columbia Appropriations Act, 1998, approved November 19, 1997 (Public Law 105-100; 111 Stat. 2160).

§ 1–622.16. Post-employment benefits.

An annuitant may elect to convert group life insurance benefits authorized in § 1-622.03 to an individual policy upon separation from service.

(Mar. 3, 1979, D.C. Law 2-139, § 2216; as added Mar. 3, 2010, D.C. Law 18-111, § 1201(e), 57 DCR 181.)

Cross References

Merit system, effective date provisions, see § 1-636.02.

Temporary Assistance for Needy Families program (TANF), workers’ compensation coverage, see § 4-205.19k.

Emergency Legislation

For temporary (90 day) addition, see § 1201(e) 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) addition, see § 1201(e) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).