128.1 An employee who receives the following benefits on the date that he or she is injured shall continue to receive the following benefits if his or her claim for indemnity compensation is accepted, and the premiums, if any, shall be deducted from the claimant's indemnity compensation payments:

(a) Health care insurance;

(b) Life insurance;

(c) Dental insurance; or

(d) Vision insurance.

128.2 Employees within the meaning of Section 2301(1)(B) and (C) of the Act are not eligible for benefits deduction.

128.3 Benefits recited above shall cease upon termination of employment by the Employing Agency. Thereafter, employees hired after September 30, 1987 shall be entitled to continued health benefits coverage pursuant to 6-B DCMR § 2130. Employees hired prior to October 1, 1987 shall be entitled to continued health benefits coverage pursuant to 5 USC § 8905a.

128.4 The premiums, if any, shall be paid by the last Employing Agency and shall be the same as any premiums paid for the same benefits by the District for active employees. The premiums paid by claimants under this section shall be the same as any premiums paid for the same benefits by active employees.

128.5 A claimant who wishes to opt out of any of the benefits listed in § 128.1 after he or she begins receiving indemnity compensation may do so by following the policies, procedures, and regulations of the District of Columbia Department of Human Resources.

SOURCE: Final Rulemaking published at 28 DCR 2307 (May 22, 1981); as amended by Emergency and Proposed Rulemaking published at 57 DCR 9540 (October 8, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 12224, 12229 (December 24, 2010); as amended by Final Rulemaking published at 59 DCR 8766, 8771 (July 27, 2012); as amended by Final Rulemaking published at 64 DCR 6325 (July 7, 2017).