§ 5-701 — Definitions.

District of Columbia § 5-701

• Jurisdiction: District of Columbia
• Title 5: Police, Firefighters, Medical Examiner, and Forensic Sciences.
• Ch. 7: Police and Firefighters Retirement and Disability.
• Subch. I: Retirement and Disability, 1916.

Text

Wherever used in this subchapter:

(A) The term “member” means any officer or member of the Metropolitan Police force, of the Fire Department of the District of Columbia, of the United States Park Police force, of the United States Secret Service Uniformed Division, and any officer or member of the United States Secret Service Division to whom this subchapter shall apply, but does not include an officer or member of the United States Park Police force, of the United States Secret Service Uniformed Division, or of the United States Secret Service Division, whose service is employment for the purposes of title II of the Social Security Act and chapter 21 of the Internal Revenue Code of 1986, and who is not excluded from coverage under chapter 84 of title 5, United States Code, by operation of § 8402 of such title.

(B) Repealed.

(2) The terms “disabled” and “disability” mean disabled for useful and efficient service in the grade or class of position last occupied by the member by reason of disease or injury, not due to vicious habits or intemperance as determined by the Board of Police and Fire Surgeons, or willful misconduct on his part as determined by the Mayor.

(3) The term "widow" means:

(A) The surviving wife of a member or former member not covered under Chapter 9 of Title 1 , if:

(i) She was married to such member or former member:

(I) While he was a member; or

(II) For at least one year immediately preceding his death; or

(ii) She is the mother of issue by such marriage; or

(B) The surviving wife or domestic partner of a member or former member covered under Chapter 9 of Title 1 , if:

(i) She was married to or the domestic partner of such member or former member:

(I) While he or she was a member; or

(II) For at least one year immediately preceding his or her death; or

(ii) She is the mother of issue by such marriage or domestic partnership.

(4) The term "widower" means:

(A) The surviving husband of a member or former member not covered under Chapter 9 of Title 1 , if:

(i) He was married to such member or former member:

(I) While she was a member; or

(II) For at least one year immediately preceding her death; or

(ii) He is the father of issue by such marriage; or

(B) The surviving husband of a member or former member covered under Chapter 9 of Title 1 , if:

(i) He was married to or the domestic partner of such member or former member:

(I) While he or she was a member; or

(II) For at least one year immediately preceding his or her death; or

(ii) He is the father of issue by such marriage or domestic partnership.

(5) The term "child" means:

(A) An adopted child, stepchild, or recognized natural child of a member or former member not covered under Chapter 9 of Title 1 , who:

(i) Is unmarried, lives with the member or former member in a regular parent-child relationship, and is under the age of 18 years; or

(ii) Is unmarried and incapable of self-support, regardless of age, because of physical or mental disability incurred before the age of 18; or

(B) An adopted child, stepchild, or recognized natural child of a member or former member covered under Chapter 9 of Title 1 , who:

(i) Is unmarried and does not have a domestic partner, lives with the member or former member in a regular parent-child relationship, and is under the age of 18 years; or

(ii) Is unmarried and does not have a domestic partner and is incapable of self-support, regardless of age, because of physical or mental disability incurred before the age of 18.

(5A) The term "student child" means a child, as defined in paragraph (5) of this subsection, who is a student between the ages of 18 and 22 years, inclusive, and who is regularly pursuing a full-time course of study or training in residence in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution.

(6) The term “basic salary” means regular salary established by law or regulation, including any differential for special occupational assignment, but shall not include overtime, holiday, or military pay.

(7) The term “annuitant” means any former member who, on the basis of his service, has met all requirements of this subchapter for title to annuity and has filed claim therefor.

(8) The term “survivor” means a person who is entitled to annuity under this subchapter based on the service of a deceased member or of a deceased annuitant.

(9) The term “survivor annuitant” means a survivor who has filed claim for annuity.

(10) The term “police or fire service” means all honorable service in the Metropolitan Police Department, United States Secret Service Uniformed Division, Fire Department of the District of Columbia, the United States Park Police force, and the United States Secret Service Division coming under the provisions of this chapter.

(11) The term “military service” means honorable active service in the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States, but shall not include service in the National Guard except when ordered to active duty in the service of the United States.

(12) The term “Mayor” means the Mayor of the District of Columbia or his designated agent or agents.

(13) The term “service” means employment which is creditable under § 5-704 .

(14) The term “government” means the executive, judicial, and legislative branches of the United States government, including government owned or controlled corporations and Gallaudet College, and the municipal government of the District of Columbia.

(15) The term “government service” means honorable active service in the executive, judicial, or legislative branches of the United States government, including government owned or controlled corporations, and Gallaudet College, and the municipal government of the District of Columbia, and for which retirement deductions, other than social security deductions, were made.

(16) The term “department” means any part of the executive branch of the United States government, or any part of the government of the District of Columbia whose members come under this chapter.

(17) The term “average pay” means the highest annual rate resulting from averaging the member’s rates of basic salary in effect over any 36 consecutive months of police or fire service in the case of a member who is an officer or member of the Metropolitan Police force or the Fire Department of the District of Columbia and who first becomes such a member after the end of the 90-day period beginning on November 17, 1979, or over any 12 consecutive months of police or fire service in the case of any other member, with each rate weighted by the time it was in effect, except that if the member retires under § 5-710 and if on the date of his retirement under the section he has not completed 12 consecutive months or 36 consecutive months, as the case may be, of police or fire service, such term means his basic salary at the time of his retirement.

(18) The term “adjusted average pay” means the average pay of a member who was an officer or member of the United States Secret Service Uniformed Division, the United States Secret Service Division, the Metropolitan Police force or the Fire Department of the District of Columbia increased by the per centum increase (adjusted to the nearest one tenth of 1%) in the Consumer Price Index for All Urban Consumers, published by the Bureau of Labor Statistics, between the month in which such member retires and the month immediately prior to the month in which such member dies; except that in the case of members hired on or after the first day of the first pay period that begins after October 29, 1996, the increase shall not exceed 3% per annum.

(19) The term “full range of duties” means the ability of a sworn member of the Metropolitan Police Department or the Fire and Emergency Medical Services Department to perform all of the essential functions of police work or fire suppression as determined by the established policies and procedures of the Metropolitan Police Department or the Fire and Emergency Medical Services Department and to meet the physical examination and physical agility standards established under §§ 5-107.02a and 5-451 .

(20) The term “Internal Revenue Code” or “Internal Revenue Code of 1986” means the Internal Revenue Code of 1986, approved October 22, 1986 (100 Stat. 2085; 26 U.S.C. § 1 et seq.).

(21) The term "domestic partner" shall have the same meaning as provided in § 32-701(3) .

Legislative History

Sept. 1, 1916, 39 Stat. 718, ch. 433, § 12(a); as added Aug. 21, 1957, 71 Stat. 391, Pub. L. 85-157, § 3; Oct. 26, 1970, 84 Stat. 1136, Pub. L. 91-509, §§ 1(1), (2); Dec. 7, 1970, 84 Stat. 1392, Pub. L. 91-532, § 1(a); Aug. 29, 1972, 86 Stat. 641, Pub. L. 92-410, title II, § 201(a)(1); Sept. 3, 1974, 88 Stat. 1040, Pub. L. 93-407, title I, § 121(a), (d)(1); Oct. 1, 1976, D.C. Law 1-87, § 8(a), 23 DCR 2544; Nov. 15, 1977, 91 Stat. 1371, Pub. L. 96-179; Nov. 17, 1979, 93 Stat. 866, Pub. L. 96-122, §§ 201, 206(a)(2); Jan. 8, 1988, 101 Stat. 1745, Pub. L. 100-238, § 103(d); Feb. 5, 1994, D.C. Law 10-68, § 13, 40 DCR 6311; Nov. 19, 1995, 109 Stat. 504, Pub. L. 104-52, § 630(a); Apr. 9, 1997, D.C. Law 11-218, § 2(a), 43 DCR 6172; Sept. 30, 2004, D.C. Law 15-194, § 602(a), 51 DCR 9406; Mar. 2, 2007, D.C. Law 16-191, § 26, 53 DCR 6794; Mar. 31, 2009, D.C. Law 17-356, § 3(a), 56 DCR 1614; May 1, 2013, D.C. Law 19-314, § 2(a), 60 DCR 3466