D.C. Mun. Regs. r. 7-134

Current through Register Vol. 71, No. 24, June 14, 2024

Rule 7-134 - ELECTION OF COMPENSATION

134.1

A claimant receiving indemnity compensation under this chapter shall not:

(a) Receive other salary, pay, or remuneration of any type from the District of Columbia, including retirement pay for employees hired by the District of Columbia on or after October 1, 1987. The prohibition in this paragraph does not apply to service actually performed in a part-time or modified duty capacity pursuant to § 137 of this chapter; or

(b) Recover damages from the District government because of the claimant's compensable injury or death, as a result of a judicial proceeding in a civil action or in admiralty, or by an administrative or judicial proceeding under another workers' compensation statute or federal tort liability statute.

134.2

The phrase "salary, pay, or remuneration" as used in this section includes:

(a) Severance pay, separation pay and "buy-out" payments to a claimant from the claimant's Employment Agency; and

(b) Federal retirement benefits accrued as a result of District employment.

134.3

A claimant may not receive indemnity compensation concurrently with retirement pay or PSWCP death benefits concurrently with survivor annuity from the District of Columbia. The claimant must elect the benefit that he or she wishes to receive, provided that such election is permitted per the terms of the applicable retirement pay or survivor annuity. Once made, if permitted, the election is only revocable prospectively. A claimant may, however, receive compensation schedule payments pursuant to Section 2307 of the Act, at the same time that he or she receives District government retirement pay.

134.4

A claimant may not receive indemnity compensation concurrently with federal retirement pay. Once a claimant applies and receives federal retirement pay, the claimant is no longer eligible for temporary indemnity compensation. A claimant may, however, receive compensation schedule payments pursuant to Section 2307 of the Act, at the same time that he or she receives federal civil service retirement pay.

134.5

A claimant may only receive compensation concurrently with military retired pay, retirement pay, retainer pay or equivalent pay for service in the United States Armed Forces or other uniformed services.

134.6

When a claimant begins receiving indemnity compensation under this section, it shall be the claimant's obligation to inform the Program if the claimant receives prohibited compensation under this subsection for as long as the claimant receives indemnity compensation from the Program.

134.7

Whenever the Program determines that a claimant is receiving or may be entitled to receive the salary, pay, remuneration, or benefits listed in this section, it may forward to the claimant a form for the election of which compensation the employee or claimant wishes to receive. If the claimant has already received salary, pay, remuneration, or benefits in violation of this section, the Program shall initiate overpayment proceedings.

134.8

A claimant shall not be eligible for indemnity compensation, if he or she was employed by the District of Columbia or the federal government before October 1, 1987, and is receiving disability benefits from the federal government for the same injury.

134.9

Remuneration, such as severance pay, received pursuant to § 134.1(a) of this chapter, shall be off- set against:

(a) Any compensation benefits due or paid to claimant; or

(b) Lump sum payment a claimant received in commutation installment payments.

D.C. Mun. Regs. r. 7-134

Final Rulemaking published at 59 DCR 8766, 8805 (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