D.C. Mun. Regs. tit. 7, r. 7-113

Current through Register 71, No. 45, November 7, 2024

Rule 7-113 - TERMINATION OF COP

113.1

COP shall terminate:

(a) Pursuant to Section 2318(b)(2) of the Act;

(b) For the period in which it is controverted by the Agency or the Program; or

(c) Upon acceptance or denial of an employee's claim for compensation benefits.

113.2

If COP has been paid to an employee whose claim for compensation is subsequently and finally denied or whose COP is later controverted pursuant to § 110 of this chapter, the employing agency shall forward Form CA2 to the employee for the employee to elect whether the COP payments made shall be charged to the employee's sick or annual leave. The employee shall be required to fill out and return the form to the employing agency within thirty (30) days. If the employee has insufficient sick or annual leave, the payments under this chapter shall be treated as the employee's debt to the District government under Section 2903 of the Act.

113.3

Once the employee returns Form CA2 to the employing agency, it shall forward it to the Office of Pay and Retirement Services in the Office of the Chief Financial Officer for processing.

113.4

If the employee does not return the form to the employing agency within thirty (30) days, the employing agency shall charge the COP payments to sick leave or, if the employee does not have any available sick leave, to annual leave. If the employee has no leave available, the employing agency shall treat the COP payments as the employee's debt to the District government according to Section 2903 of the Act.

113.5

If the employee recovers from disability and returns to work, then becomes disabled again and stops work, the employer shall pay any of the COP due under Section 2318(b)(2) not used during the initial period of disability where:

(a) The employee has already made a claim for COP within (thirty) 30 days of the injury;

(b) The Program has not accepted or denied the claim for disability compensation;

(c) The employee completes Form CA1 and elects to receive COP;

(d) The disability recurs and the employee stops work within twenty-one (21) or forty- five (45) calendar days (whichever is applicable under Section 2318 of the Act) of the time the employee first returned to work following the initial period of disability; and

(e) Pay has not been continued for the permitted period under Section 2318 of the Act.

D.C. Mun. Regs. tit. 7, r. 7-113

Notice of Final Rulemaking published at 28 DCR 2307 (May 22, 1981); as amended by Notice of Emergency and Proposed Rulemaking published at 57 DCR 9540 (October 8, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 12224, 12231 (December 24, 2010); repealed and replaced by Final Rulemaking published at 59 DCR 8766, 8779 (July 27, 2012); amended by Final Rulemaking published at 64 DCR 6325 (7/7/2017)

Authority: Chief Risk Officer of the Office of Risk Management (ORM), Executive Office of the Mayor, pursuant to the authority set forth in section 2344 of the District of Columbia Government Merit Personnel Act of 1978 (CMPA), effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-623.44 (2012 Supp.)); section 7 of Reorganization Plan No. 1 of 2003 for the Office of Risk Management, effective December 15, 2003; and Mayor's Order 2004-198, effective December 14, 2004