D.C. Mun. Regs. tit. 8, r. 8-A1811

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

Rule 8-A1811 - RETENTION STANDING: VETERANS PREFERENCE

1811.1

Veterans preference eligibility shall be determined in accordance with applicable federal law and regulations.

1811.2

A retired member of a military service shall be considered a preference eligible under this chapter only if he or she meets at least one (1) of the following conditions:

(a) The employee's military retirement is based on disability that either:

(1) Resulted from injury or disease received in the line of duty as a direct result of armed conflict; or

(2) Was caused by an instrumentality of war incurred in the line of duty during a period of war as defined by §§ 101 and 301 of Title 38, U.S. Code;

(b) The employee's military service does not include twenty (20) or more years of full-time active service, regardless of when performed. However, this total does not include periods of active service for training; or

(c) The employee has been employed continuously since November 30, 1964, in a position without a break in service of more than thirty (30) days.

1811.3

An employee who would otherwise be considered a preference eligible under conditions in § 1811.2(b) or (c) shall not be considered a preference eligible for purposes of this chapter if the employee retired at or above the rank of major or its equivalent.

1811.4

A preference eligible having a service-connected disability of thirty percent (30%) or more shall be credited with eight (8) years of additional service.

1811.5

A preference eligible other than as described in § 1811.4 shall be credited with four (4) years of additional service.

D.C. Mun. Regs. tit. 8, r. 8-A1811

Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995)