D.C. Mun. Regs. tit. 6, r. 6-B2417

Current through Register Vol. 71, No. 44, November 1, 2024

Rule 6-B2417 - RETENTION STANDING: VETERANS PREFERENCE

2417.1

In accordance with section 2402(b)(1) of the CMPA (D.C. Official Code § 1-624.02(b)(1) (2006 Repl. & 2011 Supp.)), veterans preference eligibility shall be determined in accordance with federal law and regulations issued by the U.S. Office of Personnel Management.

2417.2

Pursuant to the regulations referred to in subsection 2417.1 of this section, a retired member of a military service shall be considered 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 38 U.S.C. §§ 101 and 301;

(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.

2417.3

An employee who would otherwise be considered a preference eligible under conditions in subsections 2417.2(b) or (c) of this section 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.

2417.4

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

2417.5

A preference eligible employee other than as described in subsection 2417.4 of this section shall be credited with four (4) years of additional service.

D.C. Mun. Regs. tit. 6, r. 6-B2417

As amended by Final Rulemaking published at 40 DCR 2114 (March 26, 1993); as amended by Final Rulemaking published at 44 DCR 3933 (July 11, 1997); as amended by Final Rulemaking published at 47 DCR 2425 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 10573 (December 12, 2003); as amended by Final Rulemaking published at 55 DCR 12899, 12902 (December 26, 2008); as amended by Final Rulemaking published at 59 DCR 8400, 8406 (July 13, 2012)

Authority: The Director of the D.C. Department of Human Resources, with the concurrence of the City Administrator, pursuant to Mayor's Order 2008-92, dated June 26, 2008, and in accordance with sections 2401 through 2409 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code §§ 1-624.01, et seq. (2006 Repl. & 2011 Supp.))