Subchapter XXIX. Employee Debt Set-Offs.

§ 1–629.01. Waiver of claims for erroneous employees payments.

(a) In accordance with rules issued by the Mayor, the Mayor may waive with written justification, in whole or part, a claim of the government against an employee or former employee of the District arising under § 1-629.02 when collection would be:

(1) Against equity;

(2) Against good conscience; and

(3) Not in the best interests of the District.

(b) The authority to waive a claim for erroneous payment may not be exercised if there exists, in connection with the claim, an indication of fraud, misrepresentation, fault, or lack of good faith on the part of the employee, former employee, or any other person having an interest in obtaining a waiver of the claim.

(c) After the expiration of 3 years immediately following the date on which the erroneous payment was discovered by the government, or 3 years immediately following March 3, 1979, whichever is later, the Mayor may not make any claim for an erroneous payment or debt owed to the government, except where the claim involves money owed for federal health benefits, federal life insurance, or United States civil service retirement.

(d) A decision by the Mayor to deny a waiver of the government’s claim for erroneous employee payment shall be the final administrative decision of the District government.

(e) When the government has been reimbursed for a claim for erroneous payment in whole or in part, and a waiver of the claim is then granted, the employee or former employee shall be entitled to a refund of the amount of the reimbursement.

(f) An erroneous payment, the collection of which is waived under this subchapter, is a valid payment for all purposes.

(g) Nothing contained in this subchapter shall be construed to affect in any way the authority under any other statute to litigate, settle, compromise, or waive any claim of the government.

(Mar. 3, 1979, D.C. Law 2-139, § 2901, 25 DCR 5740; Sept. 13, 1986, D.C. Law 6-144, § 2(b), 33 DCR 4383; June 10, 1998, D.C. Law 12-124, § 101(y), 45 DCR 2464.)

Prior Codifications

1981 Ed., § 1-630.1.

1973 Ed., § 1-359.1.

Editor's Notes

Applicability of § 101(y) 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.

Delegation of Authority

Waiver of government claims, see Mayor’s Order 99-220, December 30, 1999 ( 47 DCR 1008).

Delegation of Authority—Waiver of District Government Claims, see Mayor’s Order 2009-27, March 9, 2009 ( 56 DCR 6762).

§ 1–629.02. Erroneous payments to employees.

When the Mayor determines that an employee or former employee of the District is indebted to the District of Columbia government (“government”) because of an erroneous payment made to or on behalf of the employee, the Mayor may, after 30 days notice to the employee, collect the amount of the indebtedness as provided in this subchapter.

§ 1–629.03. Employee debts to District government.

(a) Whenever an employee or former employee of the District is indebted to the government for other than an erroneous payment and the debt has either been acknowledged by the employee or reduced to judgment by a court, the Mayor may, after 30 days notice to the employee, collect the amount of the indebtedness as provided in this subchapter.

(b) The Mayor shall identify all debts owed to the government by an employee or former employee that have not been acknowledged by the employee or reduced to a judgment by a court, and the names of the employees, the amount of the debt, and supporting documentation shall be forwarded to the Corporation Counsel for appropriate action.

§ 1–629.04. Collection of debts.

(a) Any debt authorized to be collected under this subchapter may be collected in monthly installments or at officially established regular pay period intervals, by deduction in reasonable amounts from the current pay of the employee.

(b) Deductions may be made from any wages, salary, compensation, remuneration for services, or other authorized pay, including, but not limited to, back pay and lump sum leave payments but not including retirement pay.

(c) The amount deducted for any period may not exceed 20% of disposable pay, except that a greater percentage may be deducted upon consent of the employee involved.

(d) If the employee’s employment ends before collection of the amount of the indebtedness is completed, deductions may be made from later non-periodic government payments of any nature except retirement pay due the former employee without regard to the limit imposed by subsection (c) of this section.

§ 1–629.05. Authority to collect infraction fines from responsible District employees.

(a) If a notice of infraction is issued pursuant to § 50-2303.03 or § 50-2209.02 for an infraction committed by a vehicle owned or leased by the District of Columbia government, the responsible individual shall be required to pay any fine or fee imposed as a result of that notice of infraction.

(b) The responsible individual may challenge any notice of infraction issued for a moving violation as provided in subchapter II of Chapter 23 of Title 50 (§ 50-2302.01 et seq.), or any notice of infraction issued for a parking, standing, or stopping infraction as provided in subchapter III of Chapter 23 of Title 50 (§ 50-2303.01 et seq.).

(c) If a responsible individual fails to pay a fine or fee imposed, the period for challenging the issuance of the notice of infraction has expired, and there is no final order dismissing the charges that led to the issuance of the notice of infraction, the Mayor may collect the amount owed, as provided for in § 1-629.04, or by any other means authorized by law.

(d) For the purposes of this section, the term “responsible individual” means the District government employee, contractor, or volunteer who had registered, or signed, to use the vehicle that was the subject of the notice of infraction, or who had been assigned to drive the vehicle that was the subject of the notice of infraction, at the time when the notice of infraction was issued.