Section 6-B3615. SEPARATION PAY

 

3615.1An attorney in a Senior Executive Attorney Service position who is involuntarily discharged shall be paid separation pay upon separation for non-disciplinary reasons based on length of service as a Series 905 attorney in the District government as follows:

 

(a) 4 weeks of separation pay for persons with 1-5 years of service;

 

(b) 8 weeks of separation pay for persons with 6-14 years of service; or

 

(c)12 weeks of separation pay for persons with more than 15 years of service.

 

3615.2The number of weeks of separation pay authorized pursuant to this section shall not exceed the number of weeks between the individual's separation and the individual's appointment to another position in the District government. An individual who receives separation pay pursuant to this section, and who is subsequently appointed to any position in the District government during the period of weeks represented by that payment, shall be required to repay the amount of separation pay attributable to the period covered by such appointment. The pro-rated amount to be repaid shall be based on the entire amount of the separation pay, including all required deductions for taxes, and shall be paid to the agency that made the separation pay.

 

3615.3Separation pay shall be provided at the time of separation as a lump sum, one-time payment, subject only to the withholdings of federal, District of Columbia, and State income taxes, and social security taxes, if applicable.

 

3615.4When a determination is made that a Senior Executive Attorney is not entitled to receive separation pay because the employee's separation is for disciplinary reasons, the Attorney General or the Director of the Mayor’s Office of Legal Counsel, as applicable, shall provide the employee with a written notice within thirty (30) days of termination containing all of the following:

 

(a) Notification that the employee is not entitled to separation pay;

 

(b) The reasons for the determination that the employee is not entitled to separation pay; and

 

(c)A statement that the decision shall be final in five (5) days from the date of the notice unless the employee responds to it, in writing, within five (5) days of receiving the notice.

 

3615.5If the employee submits a response as provided in Subsection 3615.4(c), the Attorney General or the Director shall issue a final administrative decision to the employee. If the final administrative decision grants severance pay, this decision shall not reverse the employee's termination.

 

 

authority

Section 861 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective April 20, 1999 (D.C. Law 12-260; D.C. Official Code § 1-608.61 (2012 Repl.)), as amended by the Elected Attorney General Implementation and Legal Service Establishment Technical Emergency Amendment Act of 2014 (“Implementation Act”), enacted July 14, 2014 (D.C. Act 20-377; 61 DCR 7598 (August 1, 2014)).

source

Final Rulemaking published at 47 DCR 7371 (September 28, 2000); as amended by Final Rulemaking published at 50 DCR 3461 (May 2, 2003); as amended by Final Rulemaking published at 54 DCR 12269 (December 21, 2007); as amended by Final Rulemaking published at 61 DCR 12182 (November 28, 2014).