D.C. Mun. Regs. tit. 6, r. 6-B1008

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 6-B1008 - SEPARATION PAY

1008.1 Pursuant to § 1058 of the CMPA (D.C. Official Code § 1-610.58 (2012 Repl.)), at the discretion of the Mayor and subject to the provisions of this section, a subordinate agency head may receive separation pay of up to twelve (12) weeks upon separation from District government service, provided that the agency head has been employed by the District government in the position from which separating for at least one (1) year prior to separation. Any separation pay granted to a subordinate agency head who has been employed by the District government for less than one (1) year prior to separation shall not exceed four (4) weeks of his or her basic pay.

1008.2 The 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.

1008.3 Separation pay, if authorized pursuant to Subsection 1008.1 of this section, shall be provided at the time of separation from the District government 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.

1008.4 Separation pay shall not be payable to any individual who:

(a) Accepts an appointment to another position in the District government without a break in service; or

(b) Is eligible to receive an annuity under any retirement program for employees of the District government, excluding the District retirement program under § 2605 of the CMPA (D.C. Official Code § 1-626.05 (2012 Repl.)).

1008.5 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 deductions for taxes, etc., and shall be paid to the agency that made the separation payment.

D.C. Mun. Regs. tit. 6, r. 6-B1008

As amended by Final Rulemaking published at 47 DCR 4435 (May 26, 2000); as amended by Final Rulemaking published at 47 DCR 6224 (August 4, 2000); as amended by Final Rulemaking published at 50 DCR 4254 (May 30, 2003); as amended by Final Rulemaking published at 50 DCR 6707 (August 15, 2003); and as amended by Final Rulemaking published at 51 DCR 9017 (September 17, 2004); as amended by Final Rulemaking published at 61 DCR 8761 (August 22, 2014)