2515.1 This section shall apply to matters involving members of the D.C. Metropolitan Police Department and the D.C. Fire and Emergency Medical Services Department, who were hired after February 15, 1980.

2515.2 Any disability annuity shall be determined by a formula: A minus B divided by A, equals C, and C multiplied by D equals E, given the following:

1. (a) 'A' shall equal the current salary for the position held by the member;
2. (b) 'B' shall equal the current earning capacity for the position the disabled member has the capacity to occupy;
3. (1) The Board shall be guided in determining the current earning capacity of a member by a Labor Market Survey prepared by a qualified rehabilitation specialist.
4. (2) The Board may, at its discretion, rely on any other industry-standard to determine a member's earning capacity in lieu of relying on a Labor Market Survey, provided that the Board states its reasons for doing so.
5. (c) 'C' shall equal the percentage of disability;
6. (d) 'D' shall equal seventy percent (70%) of the member's basic salary; and
7. (e) 'E' shall equal the amount of the annuity;
8. (1) The amount of the annuity shall not be less than forty percent (40%) of the basic salary at the time of retirement if the member has been found to have been injured or acquired an illness in the performance of duty.
9. (2) The amount of the annuity shall not be less than thirty percent (30%) if the member has been found to have been disabled by an injury or illness which was not incurred in the performance of duty.
10. (f) The final dollar amount of an annuity for members under this section shall be determined by the District of Columbia Retirement Board.

2515.3 The Labor Market Survey shall take the member’s injury or disease into account through Physical Demand Codes prepared by the Board of Surgeons, or Temperament Codes prepared by the Behavioral Health Services section of the Board of Surgeons. The Labor Market Survey shall also take into account the following factors:

(a) The member's education;

(b) The member's employment history;

(c) The member's transferrable skills;

(d) The member's ability to engage in full-time or part-time employment; and

(e) Any other traits or qualities which may impact the member's post-retirement employability.

2515.4 The positions listed within the Labor Market Survey shall exist in the open labor market in the Washington metropolitan statistical area for employment to be deemed available.

2515.5 The Board shall examine each position in the Labor Market Survey and decide as to whether the member can occupy the position listed based on the factors listed in § 2515.4.

(a) Determinations as to whether a member has the physical or mental capacity to occupy a position shall be based on medical or psychological evidence in the record; and

(b) Determinations as to whether a member has the educational background, employment history, transferrable skills or other qualities needed to occupy a full-time or part-time position shall be based on evidence in the record.

2515.6 There shall be an assumption that all positions listed in the Labor Market Survey will comply with the Americans with Disabilities Act, and similar legislation, and will provide reasonable accommodations to an individual with the member's physical or mental condition.

2515.7 Once the percentage of disability has been determined by the Board's final decision, and the member has exhausted all available appeals, the percentage of disability shall not be changed except in the following circumstances:

(a) There is medical evidence that the member, under the age of fifty (50), has recovered from the injury for which they were retired; or

(b) The member, under the age of fifty (50), provides medical evidence that they have suffered a worsening of condition of the injury or illness incurred in the performance of duty for which they were retired pursuant to D.C. Official Code § 5-710.

2515.8 A member, under the age of fifty (50), who was retired for injuries or illnesses not incurred in the performance of duty pursuant to D.C. Official Code § 5-709, shall not be entitled to an increased annuity on the basis of a worsening condition.

SOURCE: Final Rulemaking published at 69 DCR 009515 (July 29, 2022).