Section 6-B1147. DUAL PAY AND DUAL EMPLOYMENT

 

1147.1In this section, the following terms have the meaning ascribed:

 

Annuity - the gross amount of the retirement pay, exclusive of deductions, for the period of employment as a reemployed annuitant.

 

Pay - remuneration paid an employee.

 

Position - the work, consisting of the official duties and responsibilities assigned by competent authority for performance by an employee.

 

Reemployed annuitant - a person who is appointed to and occupies a position in the District government, and who is receiving an annuity from a District government civilian retirement system, or who otherwise meets the legal requirements and has filed for an annuity under such a system, except as provided in § 1147.2.

 

1147.2As provided in § 1103(b) of the CMPA (D.C. Official Code § 1-611.03(b) (2001)), the pay of an individual receiving an annuity under any District government civilian retirement system selected for employment in the District government on or after January 1, 1980, shall be reduced by the amount of annuity allocable to the period of employment as a reemployed annuitant. No reduction shall be made to the pay of a reemployed individual for any retirement benefits received by the reemployed individual pursuant to §§ 2603 through 2612 of the CMPA (D.C. Official Code §§ 1-626.03 through 1-626.12 (2001)); the Judges’ Retirement Fund, established by D.C. Official Code § 1-714 (2001); or § 3 of the Retired Police Officer Public Schools Security Personnel Deployment Amendment Act of 1994 (D.C. Official Code § 5-723(e) (2001)).

 

1147.3An employee, except as provided in § 1147.4, shall not be entitled to receive basic pay from more than one (1) position in the District government for more than an aggregate of forty (40) hours of work in one (1) calendar week.

 

1147.4The provisions of § 1147.3 shall not apply to the following:

 

(a)Pay on a when-actually-employed basis received from more than one (1) consultant or expert position if the pay is not received for the same hours of the same day;

 

(b)Pay consisting of fees paid on other than a time/rate basis;

 

(c)Pay received by a teacher of the public schools of the District of Columbia for employment in a position during the summer vacation period;

 

(d)Pay for intermittent employment as a teacher in the Department of Corrections;

 

(e)Pay for temporary part-time or intermittent employment of a teacher, custodial, or other employee necessary to carry out the recreation programs of the Department of Parks and Recreation;

 

(f)Pay for a ninety-day (90-day) period for full-time, part-time, or intermittent employment of a referee, umpire, swimming pool guard or attendant, gymnasium or playground supervisor, or other special employee necessary to carry out the recreation program in the Department of Parks and Recreation;

 

(g)Pay for part-time or intermittent employment as a counselor or monitor in connection with summer youth opportunity programs in the District government;

 

(h)Pay for part-time or intermittent employment as a teacher in the D.C. Public School system;

 

(i)Pay for part-time or intermittent employment as an instructor, teacher, or professor at the University of the District of Columbia;

 

(j)Pay for part-time or intermittent employment within the Department of Mental Health as a psychiatric resident or intern who is employed for training purposes under the student-stipend program; or

 

(k)Pay for temporary or intermittent employment for services performed due to emergencies resulting from natural disasters or similar unforeseen events or circumstances.

 

1147.5An individual shall not be entitled to receive basic pay from more than one (1) position, whether with the Federal Government, the District government, or both, covered by the Civil Service Retirement System (Subchapter III of Chapter 83 of Title 5 of the U.S. Code) for more than an aggregate of forty (40) hours of work in one (1) calendar week.

 

source

Final Rulemaking published at 52 DCR 934 (February 4, 2005).