Section 7-2515. CONSIDERATION OF CASES BY THE BOARD: D.C. POLICE OFFICERS AND FIREFIGHTERS HIRED AFTER FEBRUARY 15, 1980

 

2515.1This section shall apply to-the consideration of cases by the Board for D.C. Police Officers and Firefighters.

 

2515.2The Board shall give due regard to the following in considering and evaluating percentages of disability:

 

(a)Due regard shall be given to the nature of the injury or disease, as follows:

 

(1) The physical or mental impairment, limitations, and restrictions shall be described and set forth in writing or by expert testimony, or both;

 

(2) The medical prognosis regarding the injury or disease shall be elicited and weighed;

 

(3) The job limitations and restrictions shall be a factor; and

 

(4) Other aspects of the injury or disease that may affect employment, both within and outside the department, that is, limited duty, kind of regular duty assigned (contact or non-contact), permanent, partial, and total disability;

 

(b)Due regard shall be given to the percentage of impairment, as follows:

 

(1) A percentage-of-impairment figure assigned and reported by the Board of Police and Fire Surgeons shall be a factor;

 

(2) The percentage of disability to be assigned by the Board shall not automatically be equivalent to the percentage of impairment as determined by the Board of Police and Fire Surgeons. The percentage, or severity, of the physical or mental impairment shall be only one (1) factor for determining the wage-earning capacity of a disabled Police Officer or Firefighter. An earning capacity while in disability retirement shall be determined and compared to the pay for the position(s) held by the Police Officer or Firefighter at the time of retirement; and

 

(3) The percentage-of-impairment figure assigned by the Board of Police and Fire Surgeons, along with expert testimony and opinion of witnesses, shall assist the Board in determining specific job limitations, physical or mental restrictions, and wage-earning capacity.

 

(c)Due regard shall be given to the position held immediately prior to retirement, as follows:

 

(1) The position held shall be considered in applying the physical or mental disability rating; and

 

(2) The physical or mental and job limitations and restrictions as a result of the impairment and wage-earning capacity shall be weighed for or against disability.

 

(d)Due regard shall be given to the age and years of service, as follows:

 

(1) The extent to which a permanent impairment may affect a Police Officer or Firefighter can vary depending on age. Therefore, the age, in terms of impairment and employability in retirement, shall be considered on that basis; and

 

(2) Years of service as to knowledge, skills, and experiences gained in employment shall be considered in terms of their transferability to the open labor market.

 

(e)Due regard shall be given to other factors, as follows:

 

(1) Education, training, and special skills shall help the Board in determining wage-earning capacity;

 

 

(2) The qualifications for wage-earning capacity while in retirement shall be reviewed and examined. Whenever applicable for a given position, the minimum qualification requirements in terms of education, training, and job experiences shall be examined and the qualifications of the disabled retiree shall be measured against them;

 

(3) The availability of suitable employment shall be coordinated with the D.C. Department of Employment Services and the employment services of Northern Virginia and Montgomery and Prince Georges Counties;

 

(4) Jobs that the disabled retiree is qualified for shall exist in the open labor market in the commuting area--the Washington Metropolitan area--in order for employment to be deemed available;

 

(5) The scarcity of vacancies or the inability of the disabled retiree to secure employment, for whatever reason, shall not require an inference that the disabled retiree does not have the capacity to earn the wages for a determined position;

 

(6) The D.C. Department of Employment Services shall be the source of availability of jobs and basic salaries for those jobs;

 

(7) The aptitude for acquiring new skills, the ability to adjust to a handicap and other personality conditions, and the impact the presence of the injury or disease could have on the employability of a disabled retiree shall be considered; and

 

(8) The Board shall not be an employment agency. It shall take no responsibility for getting or securing employment for anyone.

 

2515.3The percentage of disability formula shall be governed by the following:

 

(a)The criteria for determining percentages of disability or loss of wage-earning capacity shall be considered in the context of the application of §2515.1 for each individual case. No one criteria shall be considered by the Board as controlling or standard. The combined result of the application of §2515.1 shall produce the final determination by the Board;

 

(b)In order to compute the percentage of disability and the amount of the retirement annuity by use of the formula in §2515.2(e), the following two (2) basic salary figures shall be determined:

 

(1) The basic salary for the position last occupied by the Police Officer or Firefighter; and

 

(2) The basic salary for the position he or she has the capacity to occupy while in disability retirement.

 

(c)The two (2) basic salaries shall be comparable in that they shall represent the salaries of each position at the same point in time--at the time of the Board's final decision;

 

(d)The Board, after weighing the physical and mental condition(s) and economic and other factors, shall render a final decision as to the extent to which a disability affects a Police Officer's or Firefighter's ability to earn wages while in disability retirement, pursuant to §§4-615(b) and 4-616(e), D.C. Code (1981);

 

(e)The formula "The quantity 'A minus B' divided by A equals C, and C multiplied by D equals E," shall be used, given the following:

 

(1) "A" shall equal the current salary for the position held by the Police Officer or Firefighter;

 

(2) "B" shall equal the current salary for the position the disabled Police Officer of Firefighter has the capacity to occupy;

 

(3) "C" shall equal the percentage of disability;

 

(4) "D" shall equal seventy percent (70%) of the Police Officer's or Firefighter's basic salary; and

 

(5) "E" shall equal the amount of the annuity; Provided, that the amount of the annuity shall not be less than forty percent (40%) of the basic salary at the time of retirement in a performance-of-duty case and not less than thirty percent (30%) in a not-in-performance-of-duty case.

 

(f)Determination shall be made on an individual case basis to allow for similar physical or mental impairment of different individuals, which may produce differing losses of wage-earning capacity or percentages of disability.

 

2515.4Once the percentage of disability has been determined by the Board's final decision, the percentage shall not be changed unless it is subsequently shown, by medical evidence presented at annual reviews, that the degree of impairment has increased or decreased, or that the annuitant's actual annual earnings fairly represent his or her earning capacity.