District of Columbia Administrative Code

2438 FURLOUGH - COVERAGE 2438.1 A furlough may be conducted, in accordance with sections 2438 through 2445 of this chapter, when it is required for budgetary reasons. 2438.2 The provisions of sections 2409 and 2499 of this chapter shall apply to furloughs conducted pursuant to se…

2439 FURLOUGH - EXEMPTIONS 2439.1 A personnel authority may exempt from a furlough any employee who carries out public health or public safety functions. 2439.2 Any exemption that the personnel authority approves pursuant to subsection 2439.1 of this section, must be made applica…

2440 GENERAL PROVISIONS FOR A FURLOUGH 2440.1 Each personnel authority shall have the authority to approve or direct a furlough for the reason set forth in subsection 2438.1 of this chapter; provided that agencies under the personnel authority of the Mayor shall not plan or condu…

2441 APPROVAL OR DIRECTIVE TO CONDUCT A FURLOUGH 2441.1 When a furlough is approved or directed by a personnel authority, the personnel authority shall prepare and issue an administrative order or equivalent identifying all of the following: (a) The reason for the furlough; (b) T…

2442 REQUESTS TO CONDUCT A FURLOUGH 2442.1 If an agency determines that a furlough is required for the reason set forth in subsection 2438.1 of this chapter, the agency shall submit a request to the appropriate authority to conduct a furlough. 2442.2 A request for approval to con…

2443 SCHEDULING A FURLOUGH 2443.1 Except in the case of any part-time employee, who shall have furlough hours prorated, each employee in the competitive area is to be scheduled for the same number of furlough hours. 2443.2 Furlough dates shall be scheduled in full day increments,…

2444 NOTICE TO EMPLOYEES OF A FURLOUGH 2444.1 Each employee to be furloughed shall be entitled to written notice at least thirty (30) full days before the employee’s first furlough date. 2444.2 In counting the thirty-day (30-day) minimum notice period, the day the employee receiv…

2445 CONTENT OF FURLOUGH NOTICE 2445.1 Each notice shall state the following: (a) The competitive area in which the furlough is to be conducted; (b) The dates and times on which the employee is to be furloughed; (c) The place where the employee may review the D.C. personnel regul…

2446 APPEAL OF A FURLOUGH 2446.1 An employee who has received a notice of furlough under section 2444 of this chapter, may file an appeal with the Office of Employee Appeals (OEA) under the provisions of OEA’s regulations, unless otherwise provided under a collective bargaining a…

2499 DEFINITIONS 2499.1 When used in this chapter, the following terms shall have the meaning ascribed: Agency – any unit of the District government required by law, by the Mayor of the District of Columbia, or by the Council of the District of Columbia (Council) to administer an…

2500 CONTINUATION OF FEDERAL REQUIREMENTS Title XXV of D.C. Law 2-139 continues in effect the provisions of subchapter III of chapter 73 of Title 5 of the U.S. Code, affecting political activities of employees of the District of Columbia. Therefore, the Federal regulations in Par…

2600 CONTINUATION OF RETIREMENT SYSTEMS 2600.1 Section 2602 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (CMPA), effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-626.02) (2001) provides that the existing retirement systems, which…

2601 DISTRICT RETIREMENT BENEFITS PROGRAM 2601.1 The District retirement benefits program (“Program”) consists of: A defined contribution plan pursuant to § 401(a) of the Internal Revenue Code (“IRC”); A deferred compensation plan benefit, as provided in § 457(b) of the IRC; and …

2602 DISTRICT OF COLUMBIA DEFINED CONTRIBUTION PLAN 2602.1 The District of Columbia Defined Contribution Plan (“401(a) Plan”) is designed to comply with the requirements §§ 401(a) and 501(a) of the IRC and the District of Columbia Government Comprehensive Merit Personnel Act of 1…

2603 PARTICIPATION IN THE PLAN 2603.1 Eligible employees (employees who are first employed in the District after September 30, 1987, in a benefit-eligible position in a covered employment as defined in § 2699 and who are not excluded from participation by law or regulation) are c…

2604 CREDITABLE SERVICE 2604.1 Creditable service shall be measured for an eligible employee from the date the employee’s eligible service under § 2601.2 begins until the date of the employee’s separation from that eligible service. 2604.2 Eligibility and vesting in the 401(a) Pl…

2605 VESTING REQUIREMENTS 2605.1 A participant shall become fully vested in his or her benefits in the 401(a) Plan when the employee: Attains age sixty-five (65) and separates prior to meeting the vesting requirement; Becomes entitled to disability benefits under the Social Secur…

2606 DISTRICT CONTRIBUTIONS TO THE TRUST 2606.1 The District shall make contributions on no less than a quarterly basis to the Trust in an amount equal to the sum of the amounts calculated in accordance with §§ 2606.2 and 2606.3, which shall be allocated to the active account of …

2607 DISTRIBUTION AND FORFEITURE OF BENEFITS UNDER THE 401(a) PLAN 2607.1 Except as provided in Subsection 2607.2, a participant who has separated from the District and who has not met the two (2) years of creditable service required for vesting in a 401(a) Plan account under § 2…

2608 DEFINED CONTRIBUTION PLAN ADMINISTRATION 2608.1 The 401(a) Plan is administered by the Chief Financial Officer for the District of Columbia (CFO). The Plan Document is available online at HYPERLINK "https://www.icmarc.org/dc/forms-and-publications/publications.html" https://…

MISCELLANEOUS PROVISIONS 2609.1 Any payment of, or right to, benefits shall be non-assignable and non-alienable, except as provided in the 401(a) Plan Document or in § 2609.2. 2609.2 The payment of, or right to, benefits under the 401(a) Plan may be assigned to a non-participant …

2610 DISTRICT OF COLUMBIA DEFERRED COMPENSATION PLAN The District established the District of Columbia Deferred Compensation Plan (“457(b) Plan”), which is an eligible deferred compensation plan under § 457(b) of the IRC. The 457(b) Plan is a tax-advantage retirement savings acco…

2611 DEFERRED COMPENSATION ─ ELIGIBILITY Except for positions excluded in § 2611.2, the following employees are eligible to participate in the 457(b) Plan: All full-time permanent employees; Part-time permanent employees who work at least thirty (30) hours per week; and Term appo…

2612 AUTOMATIC ENROLLMENT All eligible employees newly hired or rehired (those employees who have had a break in service of three (3) consecutive workdays or more) on or after June 10, 2019, shall be automatically enrolled in the 457(b) Plan. All eligible employees hired or rehir…

2613 ELECTIVE ENROLLMENT; MODIFICATIONS TO ENROLLMENT An employee who opts out of automatic enrollment under § 2612 may elect to participate in the 457(b) Plan after the end of the thirty (30) calendar days after the first day of employment. An employee who was not automatically …

2614 VOLUNTARY TERMINATION OF ENROLLMENT A participant may cancel his or her participation in the 457(b) Plan at any time. This participant shall provide notification of his or her cancellation through the Employee Self Service function in the PeopleSoft system. A participant’s c…

2615 DISTRICT MATCHING CONTRIBUTION For participants employed by the Council of the District of Columbia, Office of the District of Columbia Auditor, and the Office of Advisory Neighborhood Commissions, the District shall contribute an amount equal to an employee’s deferrals to t…

2616 INVESTMENTS Participants shall be given an opportunity to direct investment of their respective 457(b) Plan accounts in one (1) or more of the investment funds offered by the 457(b) Plan. When a participant makes deferrals to the 457(b) Plan and has not directed that those d…

2617 TRANSFERRING INVESTMENTS FROM OTHER ACCOUNTS Participants in the 457(b) Plan may transfer amounts from other eligible 457(b) plans or 401(k) plans into their 457(b) Plan account. SOURCE: Final Rulemaking published at 67 DCR 4743 (May 1, 2020). District of Columbia Municipal …

2618 DISTRIBUTION OF BENEFITS Participants may not withdraw funds from their account, except in the case of: Separation from the District; Death; Attainment of age seventy and one-half (70½); or A severe financial hardship, pursuant to § 2618.3. Roth deferrals and associated earn…

2619 TERMINATING ENROLLMENT A person’s enrollment in the 457(b) Plan shall terminate when one (1) of the following occurs: The participant terminates employment with the District, or The participant ceases to be eligible to participate in the 457(b) Plan. A participant who ceases…

2620 DISTRICT OF COLUMBIA DEFERRED COMPENSATION PLAN ADMINISTRATION The 457(b) Plan is jointly administered by the D.C. Department of Human Resources (DCHR) and the D.C. Office of the Chief Financial Officer, Office of Finance and Treasury (CFO). The 457(b) Plan Administrator pro…

2699 DEFINITIONS 2699.1 As used in this chapter the following meanings apply – Active account – the bookkeeping account maintained for each participant to record his or her allocable share of contributions and deferrals, and related income earned, and administrative expenses, whi…

2700 STATUTORY AUTHORITY AND APPLICABILITYtc "2700 COVERAGE" 2700.1 The statutory authority for temporary assignments of personnel is contained in Chapter XXVII of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-1…

2701 AUTHORIZATION FOR TEMPORARY ASSIGNMENTS OF PERSONNELtc "2701 AUTHORIZATION" 2701.1 District government agencies are authorized to enter into personnel exchange agreements with private sector organizations, institutions of higher education, or agencies of federal, state, and …

2702 ASSIGNMENT OF EMPLOYEES FROM PRIVATE SECTOR ORGANIZATIONS TO DISTRICT GOVERNMENT 2702.1 It is the policy of the District government to utilize personnel exchange agreements sparingly to assign private sector employees to District agencies to meet highly specialized needs for…

2703 STATUS OF DISTRICT GOVERNMENT EMPLOYEES WHILE ON ASSIGNMENT 2703.1 A District government employee participating in a Personnel Exchange Program shall be considered either on detail to the receiving agency or organization, or on a leave of absence from the sending agency. 270…

2704 STATUS OF NON-DISTRICT GOVERNMENT EMPLOYEES WHILE ON ASSIGNMENT 2704.1 Unless the personnel exchange agreement contains different terms, the salary and benefits of non-District government employees on assignment to the District government shall be paid by the sending agency …

2705 TRAVEL EXPENSES 2705.1 Travel expenses of District or non-District government employees assigned to another government, private sector organization, or institution of higher education may be paid by the District government, with the exception of travel expenses related to th…

2799 DEFINITIONS When used in this chapter, the following terms shall have the meaning ascribed: Audit – examination of statements of costs actually incurred. Such audits may consist of desk reviews, test checks of a limited number of transactions, or examinations in depth, and s…

2800 PURPOSE AND AUTHORITY 2800.1 For purposes deemed beneficial to the personnel system, the Mayor, the District of Columbia Board of Education, and the Board of Trustees of the University of the District of Columbia may enter into reciprocal agreements for the use of equipment,…

2801 REQUIRED AGREEMENTS Agreement(s) must be entered into with the U.S. Office of Personnel Management for the implementation of the rules and regulations pertaining to Title XXI (Health Benefits), Title XXII (Life Insurance) and Title XXVI (Retirement) of D.C. Law 2-139. SOURCE…

2802 AGREEMENT WITH TRANSIT COMMISSION An agreement may be entered into with the Washington Metropolitan Area Transit Commission for the inclusion of its employees as participants in the United States Civil Service Retirement System. SOURCE: Final Rulemaking published at 28 DCR 3…

2803 ADMINISTRATIVE AND FINANCIAL REQUIREMENTS 2803.1 All agreements shall be written and in compliance with applicable rules, regulations, and procedures of the Office of the Mayor, the City Administrator, the Contract Review Committee, the Office of Budget and Resource Manageme…

2804 DURATION OF AGREEMENTS 2804.1 Agreements may be made for specific periods of time or indefinitely; however, all continuing agreements shall contain provisions for an annual review. 2804.2 All agreements should be reviewed at six-month intervals to determine if previous arran…

2805 CONTINUATION OF EXISTING AGREEMENTS Any agreement(s) previously entered into, if consistent with law at the time executed, shall continue in effect notwithstanding any provisions of this chapter. SOURCE: Final Rulemaking published at 28 DCR 3328 (July 24, 1981).