D.C. Law 22-99. Injured Metropolitan Police Officer Relief Amendment Act of 2018.

AN ACT

To amend the Fire and Police Medical Leave and Limited Duty Amendment Act of 2004 to provide that if a member of the Metropolitan Police Department who, in the performance of duty, sustains any serious or life-threatening injury or illness for which the member requires critical care treatment in a hospital intensive care unit or its equivalent, the member shall not be processed for retirement unless the member, as a result of the injury or illness sustained, has spent more than 172 cumulative work days in a less-than-full-duty status over the 2-year period following the date the member sustained the injury or illness and is unable to work in a less-than-full-duty capacity within the Metropolitan Police Department.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Injured Metropolitan Police Officer Relief Amendment Act of 2018".

Sec. 2. Section 623 of the Fire and Police Medical Leave and Limited Duty Amendment Act of 2004, effective September 30, 2004 (D.C. Law 15-194; D.C. Official Code § 5-633), is amended as follows:

(a) Subsection (c) is amended by striking the phrase "(e) and (f)" and inserting the phrase "(e), (f), and (h)" in its place.

(b) A new subsection (h) is added to read as follows:

"(h)(1) If a member of the Metropolitan Police Department has sustained, in the performance of duty, any serious or life-threatening injury or illness for which the member requires critical care treatment in a hospital intensive care unit or its equivalent, the member shall not be processed for retirement pursuant to subsection (b) or subsection (c) of this section unless the member:

"(A) As a result of the injury or illness sustained, has spent more than 172 cumulative work days in a less-than-full-duty status over the 2-year period following the date the member sustained the injury or illness; and

"(B) Is unable to work in a less-than-full-duty capacity within the Metropolitan Police Department.

"(2) The member shall be provided with additional non-chargeable medical leave and disability compensation pay pursuant to subsection (a) of this section until the member achieves maximum medical improvement or is processed for retirement after having spent more than 172 cumulative work days in less-than-full-duty status over the 2-year period.

"(3)(A) A member who has spent more than 172 cumulative work days in less-than-full-duty status over the 2-year period pursuant to paragraph (1) of this subsection and continues to be unable to perform the full range of duties shall not be processed involuntarily for retirement under section 12(g) of the Act if the member is able and willing to work in any less-than-full-duty capacity within the Metropolitan Police Department.

"(B) The Metropolitan Police Department shall assign the member non-policing duties if the member continues to be unable to perform the full range of duties but is able and willing to work in less-than-full-duty capacity after expiration of the 172 days.

"(C) Nothing in this paragraph shall be construed as preventing the member from seeking retirement for disability under section 12(g) of the Act.".

Sec. 3. Fiscal impact statement.

The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).

Sec. 4. Effective date.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.