1. (a) For the purpose of this section, “dependent” means the following:

   1. (1) A spouse or domestic partner, if:

      1. (A) He or she is a member of the same household as the employee;
      2. (B) He or she is receiving regular contributions from the employee for his or her support; or
      3. (C) The employee has been ordered by a court to contribute to his or her support;

   2. (2) An unmarried child, while living with the employee or receiving regular contributions from the employee toward his or her support, and who is:

      1. (A) Under 18 years of age; or
      2. (B) Over 18 years of age and incapable of self-support because of physical or mental disability; and
   3. (3) A parent, while wholly dependent on and supported by the employee.

   Notwithstanding paragraph (2) of this subsection, compensation payable for a child that would otherwise end because the child has reached 18 years of age shall continue if he or she is a student as defined by § 1-623.01 at the time he or she reaches 18 years of age for so long as he or she continues to be such a student or until he or she marries or enters into a domestic partnership.

2. (a-1) Repealed.

3. (b) An employee with a disability, whose date of hire was before January 1, 1980, with 1 or more dependents is entitled to have his or her basic compensation for disability augmented:

   1. (1) At the rate of 8 1/3 percent of his or her monthly pay if that compensation is payable under § 1-623.05 or § 1-623.07(a); or
   2. (2) At the rate of 8 1/3 percent of the difference between his or her monthly pay and his or her monthly wage-earning capacity if that compensation is payable under § 1-623.06.
4. (b-1) Repealed.

History

Mar. 3, 1979, D.C. Law 2-139, § 2310, 25 DCR 5740

Aug. 7, 1980, D.C. Law 3-81, § 2(r), 27 DCR 2632

Sept. 26, 1995, D.C. Law 11-52, § 810(d), 42 DCR 3684

Apr. 9, 1997, D.C. Law 11-255, § 4(b), 44 DCR 1271

Apr. 24, 2007, D.C. Law 16-305, § 3(i), 53 DCR 6198

Sept. 12, 2008, D.C. Law 17-231, § 3(h), 55 DCR 6758

Sept. 24, 2010, D.C. Law 18-223, § 1062(b)(9), 57 DCR 6242

Emergency Legislation

For temporary (90 day) amendment of section, see § 1062(b)(9) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

Effect of Amendments

D.C. Law 18-223, in the lead-in text of subsec. (a), substituted “this section,” for “this section, and except as provided in subsection (a-1) of this section,”; repealed subsecs. (a-1) and (b-1); and, in subsec. (b), substituted “An employee with a disability, whose date of hire was before January 1, 1980,” for “Except as provided in subsection (b-1) of this section, an employee with a disability”.

D.C. Law 17-231, in subsec. (a), substituted “spouse or domestic partner” for “spouse”; and, in the last undesignated paragraph, substituted “marries or enters into a domestic partnership” for “marries”.

D.C. Law 16-305 substituted “an employee with a disability” for “a disabled employee”, throughout the section.

Prior Codifications

1973 Ed., § 1-353.10.

1981 Ed., § 1-624.10.

Section References

This section is referenced in § 1-623.04, § 1-623.09, and § 1-623.12.