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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 7. EMPLOYMENT BENEFITS |
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Chapter 7-1. [DELETED] |
Section 7-118. ELECTION OF COMPENSATION
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118.1A claimant receiving indemnity compensation under this chapter shall not:
(a) Receive other salary, pay, or remuneration of any type from the District of Columbia, including retirement pay for employees hired by the District of Columbia on or after October 1, 1987. The prohibition in this paragraph does not apply to service actually performed in a part-time or modified duty capacity pursuant to § 137 of this chapter;
(b) Receive disability benefits from the federal government if he or she was employed by the District of Columbia or the federal government before October 1, 1987; or
(c) Recover damages from the District government because of the claimant’s compensable injury or death, as a result of a judicial proceeding in a civil action or in admiralty, or by an administrative or judicial proceeding under another workers’ compensation statute or federal tort liability statute.
118.2The phrase “salary, pay, or remuneration” as used in this section includes severance pay and “buy-out” payments to a claimant from the claimant’s employment agency.
118.3An employee who is receiving retirement pay from the District of Columbia, or from the federal government pursuant to subchapter III of chapter 83 of title 5 of the United States Code, may also receive a schedule order pursuant to § 121 of this chapter, as well as medical benefits pursuant to this chapter, at the same time that he or she receives retirement pay.
118.4When a claimant begins receiving indemnity compensation under this chapter, the Program shall inform the claimant of the prohibitions in § 118.1 and of the claimant’s obligation to inform the Program if the claimant receives such compensation, both at the time of the Program’s initial acceptance of the claim and for as long as the claimant receives indemnity compensation from the Program.
118.5Whenever the Program determines that an employee or claimant is receiving or may be entitled to receive the salary, pay, remuneration, or benefits listed in § 118.1, it shall forward to the employee or claimant a form for the election of which compensation the employee or claimant wishes to receive. If the employee or claimant has already received salary, pay, remuneration, or benefits in violation of § 118.1, the Program may initiate overpayment proceedings pursuant to § 142 of this chapter.
118.6A claimant receiving indemnity compensation under this chapter may receive the following benefits from the federal government at the same time that he or she receives indemnity compensation under this chapter:
(a) Pension for service in the United States armed services;
(b) Other benefits administered by the United States Veterans Administration unless such benefits are payable for the same injury or the same death;
(c) Retirement pay for service in the armed forces or other uniformed services, subject to the reduction of such pay in accordance with title 5 § 5532 of the United States Code; and
(d) Retirement pay for employees hired by the District government prior to October 1, 1987, who receive retirement benefits pursuant to subchapter III of chapter 83 of title 5 of the United States Code.