D.C. Mun. Regs. tit. 6, r. 6-B1904

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

Rule 6-B1904 - MONETARY AWARDS

1904.1

(a) Monetary awards listed in section 1902.1(a)(1) through (6) of this chapter shall be granted as provided in this section.

(b) Acceptance of a monetary award constitutes an agreement that the use by the District government of the idea, method, or device for which the award was granted does not form the basis for a claim of any nature against the District government by the employee, his or her heirs, or assigns.

(c) Monetary awards under this chapter shall not be considered base pay for any purpose, and shall be subject to the withholding of federal, District of Columbia, or state income taxes, and social security taxes, if applicable. The amount of a monetary award shall not be adjusted upward to cover these taxes.

1904.2

Exemplary Performance Awards are governed by the following:

(a) An Exemplary Performance Award may be granted to an employee for performance accomplishments related to assigned job tasks in a manner that significantly exceeds satisfactory performance requirements for the employee's official position and which has contributed to the success of the agency and the District government in meeting their performance goals for the fiscal year. All award nominations will be made following the end of the fiscal year and paid out of the new fiscal year's budget, which will be funded through the City Administrator's office. Independent personnel authorities subject to this chapter are responsible for their own funding, and for establishing procedures for the payment of monetary awards. Submission of policies and procedures shall be published publicly and formally adopted by the independent personnel authority before any payments are processed by the OPRS.

(b) Each Agency Incentive Awards Committee (Committee) shall convene to review employee nominations for this award, and approve the recipients and the amount of each award. The list of the awards approved by the agency will be submitted to the DCHR for final review and reported to the Mayor, City Administrator, and the Council.

(c) It is expected that each nomination will include a written explanation documenting the nature of the accomplishment and proper forms as established by the DCHR or independent personnel authority. There must be clear evidence that a nomination for an Exemplary Performance Award involves performance above and beyond what is normally expected in the employee's position, and that the Committee has reviewed the nomination. Each agency may establish its own criteria for this award, subject to the review and approval by the DCHR.

(d) Exemplary Performance Award may be made in addition to a non-monetary award, including honorary awards.

(e) All Exemplary Performance Awards will be paid from a budgeted pool set aside for this purpose in each agency's operating budget for the fiscal year equivalent to 1% (or any other amount determined by Mayor or the City Administrator) of the aggregated salaries for the agency. If an agency fails to achieve a satisfactory level of achievement relative to previously prescribed agency goals, the budgeted pool set aside for the agency shall be reduced by 50%, and the number or amount of individual awards will be reduced to conform within the budget. Transmittal of funds will be the responsibility of the Chief Financial Officer.

(f) An Exemplary Performance Award shall not exceed a maximum of ten percent (10%) of the employee's scheduled rate of basic pay or five thousand dollars ($ 5,000), whichever is greater.

(g) An agency may use either the "basic scale" or the "percentage scale" in this subsection to determine the amount of an Exemplary Performance Award.

(h) The amount of an Exemplary Performance Award may be determined by using the following basic scale, except the award amounts may be limited by the budget for these awards:

Grade Level	Amount of Award (District Service Schedule or Equivalent)	Amount of Award (Management Supervisory Service Schedule)
1-4	Up to $800	N/A
5-8	Up to $1200	N/A
9-11	Up to $1600	Up to $1600
12-13	Up to $2300	Up to $3000
14 and above	Up to $ 3400	Up to $ 5000

(i) For purposes of determining the percentage of this award for an employee, the amount of the award shall be calculated on the employee's scheduled rate of basic pay during the performance rating period in which the performance contribution was made. The following percentage scale shall be used and the documentation specified therein provided with the submission recommending the award:

Performance Rating (Performance Management Program)	Performance Rating (Performance Evaluation c	Variable Award Percentage
A performance rating of "Significantly	A performance rating of "Outstanding;"	6 - 10%
Exceeds Expectations" (Level 5); and a written justification relating to meeting agency and District government goals demonstrating "exemplary performance;" and review by the appropriate Agency Incentive Awards Committee as specified in section 1903.2 of this chapter	and written justification relating to meeting of agency and District government goals demonstrating "exemplary performance;" and review by the appropriate Agency Incentive Awards Committee as specified in section 1903.2 of this chapter
A performance rating of "Exceeds Expectations" (Level ); and a written justification relating to meeting of agency and District government goals demonstrating "exemplary performance;" and review by the appropriate Agency Incentive Awards Committee as specified in section 1903.2 of this chapter	A performance rating of "Excellent;" and written justification relating to meeting of agency and District government goals demonstrating "exemplary performance;" and review by the appropriate Agency Incentive Awards Committee as specified in section 1903.2 of this chapter	1 - 6%

1904.3

Special Act or Service Awards are governed by the following:

(a) A Special Act or Service Award may be granted to an employee who, while on duty, makes a significant contribution to the District government by a one-time (1-time), non-recurring act or service without limitation as to time duration of the act or service.

(b) Such special act or service may include but is not necessarily limited to the performance of a temporary assignment of the duties of a position, in addition to the employee's position, and with a performance level of the duties of both positions within prescribed criteria in this chapter; performance of unusual duties for limited periods; exemplary or courageous handling of an emergency situation in connection with the performance of assigned duties; and any such other special acts or services as may be specified in criteria established by the personnel authority. This award category shall not be used to reward year round exemplary performance, which is covered under the Exemplary Performance Awards in section 1904.2 of this section.

(c) A Special Act or Service Award may be made in addition to a non-monetary award, including honorary awards established in this chapter.

(d) The recommendation for a Special Act or Service Award shall be accompanied by a written justification that clearly describes all of the following:

(1) The duration and location of the one-time (1-time), non-recurring act or service;

(2) The specific action or actions taken by the employee to warrant the recommendation for the award;

(3) The outcome or outcomes that occurred as a direct result of the act or service; and

(4) The significant benefit which citizens, residents, or the District government derived from the act or service.

(e) For the purpose of determining the amount of a Special Act or Service Award for an employee, the amount of the award shall be calculated using the employee's rate of basic pay during the performance rating period in which the performance contribution was made. The amount of this award may be in the range between 1% and 10% of the employee's rate of basic pay; the exact percentage to be determined by the agency, with the approval of the appropriate Agency Incentive Awards Committee as specified in section 1903.2 of this chapter. The performance rating of an employee considered for a Special Act or Service Award shall be at least satisfactory.

(f) A Special Act or Service Award may be made in addition to a non-monetary award, including honorary awards described in section 1905 of this chapter.

1904.4

Suggestion or Invention Awards are governed by the following:

(a) A Suggestion or Invention Award may be granted to an employee for an improvement that benefits the District government. The employee shall submit the suggestion or invention to management in writing, and it shall be approved in writing by management. This type of award shall not be granted for services and benefits to employees (e.g., vending machines), working conditions (e.g., office decorations), routine care of buildings and grounds, routine safety practices, changes as a result of employee complaints and grievances, or recommendations to enforce existing rules, regulations, or directives.

(b) The following formulas are to be used to determine the amount of a Suggestion or Invention Award:

Estimated Annual Benefits to the District Government	Amount of Award
Up to $10,000	10% of benefits that are realized by the District
$10,001 to $100,000	$1,000 for the first $10,000 plus 3% of benefits that are realized by the District over $10,000
$100,000 or more	$3,700 for the first $100,000 plus .5% of the benefits that are realized by the District over $100,000, but not to exceed $25,000 for suggestions or inventions; or $5,000 or 10% of an employee's scheduled rate of basic pay, whichever is greater, for all other awards.

1904.5

Safe Driving Awards are governed by the following:

(a) A Safe Driving Award may be granted to an employee whose primary function is driving a motor vehicle (rather than operation of equipment), who drives a minimum of four thousand (4,000) miles per year on open highways or streets; whose work performance is satisfactory, not only in driving, but also in other elements of his or her position; and who meets the safety and other requirements established by the personnel authority.

(b) A Safe Driving Award may be granted to an employee each year as long as the employee maintains his or her Safe Driving Record. If the Safe Driving Record is not maintained, the number of consecutive years of Safe Driving reverts to zero (0), and a new period of safe driving will begin.

(c) The amounts of a Safe Driving Award shall be as follows:

Years of Safe Driving	Amount
1 - 4	$100 for each safe driving year, awarded annually
5	$500
6 - 9	$500 plus $100 for each additional consecutive year
10	$1000
Over 10	$1000 plus $200 for each additional consecutive year

1904.6

Instant Cash-In-Your Account Awards are governed by the following:

(a) Employees will be eligible for Instant Cash-In-Your Account Awards for an accomplishment that goes beyond their everyday work expectations. The award may be given up to the amount of two hundred fifty dollars ($250). Each agency is responsible for the budgeting and administration of the awards.

(b) It is expected that each nomination will require a written explanation documenting the nature of the accomplishment and proper forms established by the DCHR or independent personnel authority. There must be clear evidence that a nomination involves performance above and beyond what is normally expected in the employee's position and must be reviewed by the Agency Incentive Awards Committee. Each agency may establish its own criteria for the granting of this award, subject to the review and approval by the DCHR.

(c) Employees may be nominated by their immediate supervisor, another manager, or their co-workers, with the concurrence of the employee's manager. All award nominations will be reviewed by the Agency Incentive Awards Committee. For auditing purposes, at the end of each fiscal year, each agency who has utilized this award will submit to the DCHR a list of employees granted the award and the amounts of each award granted.

(d) Nominations may be submitted and the awards may be paid at any time during the year. Award nominations should be made as soon after the accomplishment as the documentation can be prepared. Employees are limited to one (1) Instant Cash-In-Your Account Award per quarter of the fiscal year.

(e) The award amounts must be paid from each agency's operating budget. The funding of these awards must be done by the individual agency and is outside of the allocated funding for other incentive awards such as Exemplary Performance or Group Awards.

1904.7

Retirement Awards are governed by the following:

(a) Notwithstanding any other provision of this chapter, a Retirement Award may be granted to an employee as described in subsection 1904.7(e) below, subject to the approval of the Mayor or independent personnel authority, and as specified in this subsection. The purpose of Retirement Awards is to recognize the length of District government service of the recipients of the award as they end their careers with the District government via retirement.

(b) In requesting the granting of a Retirement Award, agencies shall consider factors such as the employee's length of District government service and the employee's overall record of performance throughout his or her career with the District government.

(c) A Retirement Award granted under this subsection shall not exceed fifty percent (50%) of an eligible employee's annual rate of basic pay, or up to twenty five thousand dollars ($25,000), whichever is lower. Retirement Award payments shall be prorated in the case of part-time employees.

(d) In determining the amount of the Retirement Award, the following shall apply:

Length of District Government Service	Amount of Retirement Award
20 years or more	Up to $25,000
10 to 19 years	Up to $20,000
5 to 9 years	Up to $15,000

(e) The following categories of District government employees may be granted a Retirement Award:

(1) Except as specified in subsection 1904.7(f)(2) below, an employee retiring under any of the retirement provisions of the Civil Service Retirement System (Chapter 83 of Title 5 of the U.S. Code), including the law enforcement or firefighter provisions;

(2) An employee covered under the District government retirement system applicable to persons first employed by the District government after September 30, 1987 (Defined Contribution Plan) who has completed at least five (5) years of creditable service with the District government and has vested under the Defined Contribution Plan as provided in section 2610 of the CMPA (D.C. Official Code § 1-626.10) (2007 Supp.) and is separating from District government service after becoming entitled to retirement benefits under the Social Security Act; and

(3) An employee subject to these rules retiring under any of the other District government retirement systems.

(f) No Retirement Award shall be granted to:

(1) An employee who is in a position designated by the agency head as a critical position;

(2) An employee retiring under the discontinued service/involuntary retirement provisions of 5 U.S.C. § 8336(d)(1), or under the disability retirement provisions of 5 U.S.C. § 8337;

(3) An employee who receives a proposal or a final decision notice of removal for cause;

(4) An employee who is under indictment or who is charged by information with or who has been convicted of a felony or who has been convicted after a plea of nolo contendere to a felony related to his or her employment duties; provided, that any employee who ultimately is acquitted or cleared of any charge that caused his or her ineligibility shall be eligible for all benefits as if that employee had never been indicted for or charged by information with a felony; and

(5) An employee who, based on conduct related to his or her employment duties, has been convicted of a misdemeanor or who has plead guilty or has been convicted after a plea of nolo contendere to a misdemeanor; provided, that any employee who is ultimately acquitted or cleared of any charge which caused his or her ineligibility shall be eligible for all benefits as if that employee had never been charged with a misdemeanor.

(g) For the purposes of subsection 1904.7(f)(1), the term "critical position" means a position whereby non-performance of the duties of the position would adversely affect the fulfillment of the mission or the function of an agency, office, or department, or any lesser organizational component.

(h) For the purposes of subsection 1904.7(f)(4), the term "felony" means an offense that is punishable by a term of imprisonment that exceeds one (1) year or a fine of at least one thousand dollars ($1,000).

(i) The disbursal of funds for Retirement Awards shall be subject to the availability of funds within the employing agency, as certified by the agency's Chief Financial Officer; the submission to the Mayor (or his or her designee), or independent personnel authority, of the agency proposal or plan for the awards, including a list of employees to whom the award would be granted and the amount of the award, and a list of critical positions, if any; the approval of the proposal or plan by the Mayor (or his or her designee) or independent personnel authority; and procedures issued by the Director, DCHR, or independent personnel authority for the granting of the awards authorized.

(j) Separate and apart from agency submissions of proposals or plans to grant Retirement Awards, the Mayor or independent personnel authority may establish a Retirement Award Program under this subsection during any given year. The Director, DCHR, or independent personnel authority shall issue procedures for each Retirement Award Program established.

(k) A Mayor's Order shall be issued to establish a Retirement Awards Program, or authorize individual agencies to grant Retirement Awards, as applicable.

(l) A person who receives a Retirement Award under this subsection shall not be eligible for reemployment for compensation with the District government for five (5) years from the date of the retirement or separation on which the payment is based, or hired or retained as a sole source consultant or personal services contractor for five (5) years from the date of retirement or separation on which the payment is based, unless he or she repays the Retirement Award received if reemployed before the end of the five-year (5-year) period.

(m) Notwithstanding the provisions of subsection 1904.7(l) above, and on a case by- case basis, the personnel authority may waive repayment of the retirement award when considering the reemployment of a person who received the payment, provided that:

(1) The proposed reemployment involves a person with unique knowledge, skills, or abilities and is the only qualified applicant available for the position; or

(2) In the case of an emergency situation involving a direct threat to life or property, the person has knowledge, skills, or abilities directly related to resolving the emergency situation and will serve on a temporary basis for as long as his or her services are needed due to the specific emergency situation.

D.C. Mun. Regs. tit. 6, r. 6-B1904

Final Rulemaking published at 47 DCR 8102 (October 6, 2000); as amended by Final Rulemaking published at 50 DCR 2244 (March 14, 2003); as amended by Final Rulemaking published at 55 DCR 4352 (April 18, 2008)