Subchapter XVI. Performing Police Band.

§ 5–131.01. Authorization; detail of local officers; employment and compensation of Director.

There is hereby authorized to be established in the Metropolitan Police Department a band to perform at such municipal or civic functions and events as may be authorized by the Mayor of the District of Columbia. The Mayor is authorized in his discretion to detail officers and members of the Metropolitan Police force and the District of Columbia Fire Department to participate in the activities of such band. The said Mayor is authorized to employ, without reference to the civil service laws, 1 Director for such band with compensation at a rate not to exceed the rate of compensation to which a captain in the Metropolitan Police force is entitled.

(July 11, 1947, 61 Stat. 311, ch. 226, § 1; Aug. 14, 1957, 71 Stat. 345, Pub. L. 85-129, § 1; Aug. 16, 1971, 85 Stat. 343, Pub. L. 92-124, § 1(1).)

Prior Codifications

1981 Ed., § 4-179.

1973 Ed., § 4-182.

Section References

This section is referenced in § 1-632.03.

Cross References

Merit system, application to police officers and firefighters, see § 1-632.03.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 5–131.02. Detail of federal officers.

The Secretary of the Interior is authorized in his discretion to detail officers and members of the United States Park Police force to participate in the activities of the band established by this subchapter, and the Secretary of the Treasury is authorized in his discretion to detail officers and members of the United States Secret Service Uniformed Division to participate in the activities of such band.

§ 5–131.03. Retirement of Director — Conditions; annuities.

(a) Notwithstanding the limitations of existing law, the person who is the Director of the Metropolitan Police Force band may elect to retire after having served 10 or more years in such capacity and having attained the age of 70 years. Upon such retirement, whether for age and service or for disability, said Director and his surviving spouse or domestic partner, shall be entitled to receive annuities in amounts equivalent to, and under the conditions applicable to, the annuities which a captain in the Metropolitan Police force and his surviving spouse or domestic partner, may be entitled to receive after such captain has retired from said force for substantially the same reason as that for which said Director may retire, whether for age and service or for disability, as the case may be. If the said Director shall apply for retirement for disability, he shall not be eligible to retire under § 5-710, but he shall be eligible to apply for retirement under § 5-709, in like manner as if the said Director were an officer or member of the Metropolitan Police force. The annuities hereby authorized shall be in addition to any pension or retirement compensation which said Director may be entitled to receive from any other source, whether from the United States or otherwise. The annuities payable to said Director and his surviving spouse or domestic partner pursuant to this subchapter shall be payable from District of Columbia appropriations, but shall not be considered as annuities payable to an officer or member of the Metropolitan Police force or to the surviving spouse or domestic partner, of such officer or member. Appropriations for the operations of the Metropolitan Police Department are made available for this purpose. Annuities authorized by this section shall be computed on the basis of compensated service rendered after July 11, 1947.

(b) For the purposes of this section, the term “domestic partner” shall have the same meaning as provided in § 32-701(3).

(July 11, 1947, ch. 226, § 3; Sept. 22, 1959, 73 Stat. 640, Pub. L. 86-356; Aug. 29, 1972, 86 Stat. 642, Pub. L. 92-410, title II, § 202(a); Sept. 12, 2008, D.C. Law 17-231, § 14, 55 DCR 6758; Sept. 26, 2012, D.C. Law 19-171, § 37(a), 59 DCR 6190.)

Prior Codifications

1981 Ed., § 4-181.

1973 Ed., § 4-183a.

Section References

This section is referenced in § 1-632.03.

Effect of Amendments

D.C. Law 17-231 designated subsec. (a); in subsec. (a), substituted “spouse, domestic partner,” for “spouse”; and added subsec. (b).

The 2012 amendment by D.C. Law 19-171 substituted “spouse or domestic partner” for “spouse, domestic partner” throughout (a).

Cross References

Merit system, application to police officers and firefighters, see § 1-632.03.

§ 5–131.04. Applicable statutory provisions; transfer of moneys from Civil Service Retirement and Disability Fund.

The person who is the Director of the Metropolitan Police Force band shall, upon his retirement from such position, be retired under the provisions of this subchapter and not under subchapter III of Chapter 83 of Title 5, United States Code, and the moneys to his credit in the Civil Service Retirement and Disability Fund created under the authority of such subchapter, on the date of such retirement, together with such moneys in such Fund as may have been contributed by the District of Columbia toward the cost of his annuity under such subchapter, shall be transferred to the credit of the general revenues of the District of Columbia.

§ 5–131.05. Appropriations.

Appropriations to carry out the purpose of this subchapter is hereby authorized.