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District of Columbia Code Division VIII. General Laws. § 51-110.01. Applicability to certain federal employees.

Current as of January 01, 2024 | Updated by Findlaw Staff

<Text of section applicable upon the date of inclusion of the fiscal effect of D.C. Law 23-85 in an approved budget and financial plan.>

(a) Subject to the availability of funds in the Supporting Essential Workers Special Fund (“Fund”) and notwithstanding any other provision of this subchapter, the Director shall provide benefits to an eligible furlough-excepted federal employee in accordance with this section; provided, that the Director does so in a manner that is consistent with federal law.

(b)(1) An individual's weekly benefit amount payable pursuant to this section shall be equal to one twenty-sixth (computed to the next higher multiple of $1) of the individual's total wages paid by a federal government employer during the quarter in which the individual earned the highest wages over the last 4 quarters; provided, that to qualify for the benefit, an individual must have worked for a federal government employer during the quarter immediately preceding the claim for benefits.

(2) The maximum weekly benefit amount payable pursuant to this section shall be equal to the maximum benefit amount payable under § 51-107(b)(3)(C).

(c)(1) The Director shall award benefits to claimants under this section on a weekly or biweekly basis in the order the Director determines claimants are eligible.

(2) The Director shall continue to pay benefits to a claimant for the duration of the claimant's eligibility, except that the Director may cease paying a claimant's benefits if the Director determines that sufficient funds in the Fund do not exist.

(d) If a furlough-excepted federal employee receives benefits pursuant to this section and subsequently receives earnings from the employee's federal employer in excess of the benefits received, attributable to the period for which the benefits were paid, the furlough-excepted federal employee shall promptly repay to the District a sum equal to the amount of benefits received from the District. The Director may, for good cause, waive this requirement.

(e)(1) Within 15 days after the applicability date of this section, the Director shall issue rules, pursuant to subchapter I of Chapter 5 of Title 2, to implement this section, which shall include rules establishing criteria that a furlough-excepted federal employee must satisfy to be eligible for benefits pursuant to this section.

(2) Notwithstanding §§ 51-109 and 51-110, the Director may not require a furlough-excepted federal employee to:

(A) Demonstrate that the furlough-excepted federal employee:

(1) Is available for work; or

(2) Has performed a work search; or

(B) Attend a training, retraining, or job counseling course.

(f) No federal funds may be used for the payment of benefits pursuant to this section or for the payment of administrative costs to implement the provisions of this section.

(g) Nothing in this section shall impose any employer obligation under this subchapter on a federal employer.

(h) Except as provided in this section and rules issued pursuant to this section, the provisions of this subchapter shall apply to claims for benefits filed pursuant to this section.

(i) For the purposes of this section, the term “furlough-excepted federal employee” means a federal employee:

(1) Who performs services as an excepted employee of the federal government during a lapse in federal appropriations for which the employee does not receive earnings;

(2) Whose earnings are funded through federal appropriations that have lapsed; and

(3) Who was notified by the employee's federal government employer of his or her status as an excepted employee before the employee performed services during a lapse in federal appropriations.

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Cite this article: FindLaw.com - District of Columbia Code Division VIII. General Laws. § 51-110.01. Applicability to certain federal employees. - last updated January 01, 2024 | https://codes.findlaw.com/dc/division-viii-general-laws/dc-code-sect-51-110-01/

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