§ 5-709 — Retirement for disability — Not incurred in performance of duty.

(a) Except as provided in subsections (b) and (c) of this section, whenever any member coming under this subchapter completes 5 years of police or fire service and is found by the Mayor to have become disabled due to injury received or disease contracted other than in the performance of duty, which disability precludes further service with his department, such member shall be retired on an annuity computed at the rate of 2% of his average pay for each year or portion thereof of his service; provided, that such annuity shall not exceed 70% of his average pay; provided further, that the annuity of a member retiring under this section shall be at least 40% of his average pay.

(b) Whenever any 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, completes 5 years of police or fire service and is found by the Mayor to have become disabled due to injury received or disease contracted other than in the performance of duty, which disability precludes further service with his department, such member shall be retired on an annuity which shall be 70% of his basic salary at the time of retirement multiplied by the percentage of disability for such member as determined in accordance with § 5-710(e)(2)(B) , except that such annuity shall not be less than 30% of his basic salary at the time of retirement.

(c) [For applicability of (c), see Editor’s notes.] Whenever the Board of Police and Fire Surgeons receives a recommendation from the Director for a disability retirement of a Metropolitan Police Department or Fire and Emergency Medical Services Department member pursuant to Chapter 6A of this title , the Board of Police and Fire Surgeons shall make a disability assessment, and if the member is unable to perform the full range of duties, shall retire the member as disabled regardless of whether the member is performing useful and efficient services that are less than the full range of duties. The member shall be retired on an annuity determined in accordance with subsection (b) of this section.

Legislative History

Sept. 1, 1916, ch. 433, § 12(f); Aug. 21, 1957, 71 Stat. 394, Pub. L. 85-157, § 3; Sept. 3, 1974, 88 Stat. 1040, Pub. L. 93-407, title I, § 121(b)(1); Jan. 3, 1975, 88 Stat. 2177, Pub. L. 93-635, § 10(a); Nov. 17, 1979, 93 Stat. 866, Pub. L. 96-122, § 204(b)(1); Sept. 30, 2004, D.C. Law 15-194, § 602(c), 51 DCR 9406