Bulletin 08: Retirement Board Flashcards
From the Bulletin Book
What is the DC Police and Firefighter Retirement composed of?
members and alternates appointed by the mayor from persons who are dc government employees. one member and alternate from DC office of personnel, office of the corporation counsel, department of human services, MPD and DCFEMS and two members one whom shall be a physician appointed from among persons who are not officers or employees of DC government.
From the Bulletin Book
From what department must the member and alternate on theretirment boardbe medical officers?
The member and alternate from the Department of Human Services shall both be medical officers.
From the Bulletin Book
What is the Order for whom shall serve as Chairperson of the DCRB?
- Member from the Office of Personnel; 2. Alternate from Office of Personnel; 3. Member from Office of the Corporate Counsel; 4. Alternate from Office of Corporate Counsel
From the Bulletin Book
What constitutes a quorum for the DCRB?
Any 5 Principals or designated alternates so long as one of the 5 is the designated Chairperson
From the Bulletin Book
What does the DCRB holding meetings to consider? What is their focus and tasks?
- Consider retirement and related cases of members of MPD, FD, United States Park Police, and elligible US Secret Service 2. Consider applications for relief of survivors of members or retired members 3. Applications for lump sum payments in cases of POD death
From the Bulletin Book
When are DCRB meetings held? When and Where are they held?
Thursdays or any other day that the board deems necessaryat 0900 in the hearing room (room 326) at 613 G St NW; unless otherwise determined by the board.
From the Bulletin Book
For what reasons may the DCRB Chairperson waive any of the provisions of Bull. 8?
For good cause shown, in the Chairperson’s discretion and in the interest of justice or to prevent hardship
From the Bulletin Book
Does an applicant appearing before the DCRB have a right to representation?
Yes. They have the right to be represented by an attorney or non-legal representative of the applicant’s choosing.
From the Bulletin Book
What should occur for an applicant appearing before the DCRB that does not have an attorney, in a complicated case?
In the interest of Justice or facilitating adequate records, DCRB shall urge an applicant to seek an attorney and allow the applicant a reasonable period of time in which to do so.
From the Bulletin Book
What should occur if an applicant refuses to seek legal representation following DCRB encouragement?
The DCRB shall act as an impartial body and exhaust all the facts and circumstances surrounding the case to develop them to the fullest extent possible.
From the Bulletin Book
What is the order of questioning for applicants, expert witnesses, and other persons giving testimony to DCRB?
First questioned by the DCRB then by the applicant’s representation/applicant.
From the Bulletin Book
Can the DCRB change the time limitations for a case?
Except when otherwise provided by law, DCRB, for good cause, may extend or shorten the time fixed WITH notice to all parties.
From the Bulletin Book
What are the five (5) ways a person may be Serviced by the DCRB?
- By personal delivery 2. By mail 3. By telegraph 4. By mailgram 5. As otherwise authorized by law
From the Bulletin Book
When is DCRB service deemed complete by personal delivery?
- handing the paper to the person 2. leaving it at his/her office with any person in charge 3. leaving it at his/her place of residence with some person of suitable age and discretion
From the Bulletin Book
When is DCRB service deemed complete by Telegram or Mailgram?
When deposited at the telegram company properly addressed and with all charges prepaid
From the Bulletin Book
When is DCRB service deemed complete by US Mail?
When deposited with US Mail properly stamped and addressed
From the Bulletin Book
What are the four (4) acceptable ‘proofs of service’ for DCRB service?
- Written acknowledgement of the party served or his/her representative; 2. The certificate of the representative if he or she has made the service; 3. A return receipt if served by registered or certified mail; or 4. The certificate of the person making the service
From the Bulletin Book
Are DCRB hearings public?
No; without specific request by an applicant, DCRB hearings shall not be open to the public
From the Bulletin Book
When shall persons whose cases are scheduled to be heard by the DCRB be notified of date, time, and location?
At least 14 calendar says in advance of hearing date; with 30 days given for hearings on retiree’s continued eligibility for disability annuity payment
From the Bulletin Book
How long must a request for continuance be submitted? Whom decides to honor the motion?
Request for continuance shall be made at least 7 days in advance excluding saturday, sundays, or legal holidays. The Chairperson or his/her designee shall determine if the motion sets forth good and sufficient cause for the continuance.
From the Bulletin Book
Are conflicting engagements of counsel, absence of counsel of the employment of new counsel good cause for continuance in a DCRB hearing?
No, unless set forth in a motion filed promptly after notice of the hearing has been given.
From the Bulletin Book
True/False: All testimony at hearings before the DCRB shall be under oath or affirmation.
TRUE
From the Bulletin Book
Can the DCRB issue Subpoenas? If so, who is responsible for their service?
The DCRB on its own initiative or upon written request of an applicant may issue subpoenas. The requesting party shall be responsible for their service.
From the Bulletin Book
What do requests for DCRB Subpoenas have to be from the applicant?
In writing, with particular testimony desired, and the facts expected to be proven thereby.
From the Bulletin Book
Who may grant DCRB Subpoenas? Whose signature is on them?
DCRB shall determine relevancy of any proposed testimony. Chairperson of DCRB shall sign the subpoena.
From the Bulletin Book
Are DCRB witnesses elligible for compensation?
DCRB witnesses not employed by the DC Gov’t are entitled to the same fees as are paid witnesses for attendance before the Superior Court, although not required to be tendered in advance.
From the Bulletin Book
When shall all medical information being submitted as evidence be received by the DCRB?
At least 15 days prior to the date of the hearing to allow for evaluation by the DCRB Police and Fire Surgeons.
From the Bulletin Book
When shall evidence such as documents, information, data and relevant material be received by the DCRB?
At least 10 days prior to the date of the hearing
From the Bulletin Book
For what reason can the DCRB Chairperson remove any person from the proceedings of any hearing? May anyone be barred from future hearings?
For violating any reasonable order of the Chairperson. Decorum and good order shall be maintained at all times during hearings. Attorneys and Representatives may after being heard out, be barred from future hearings as well.
From the Bulletin Book
What shall be considered given the nature of the illness/injury when evaluating disability by the DCRB?
- Physical and mental impairments, limitations, and restrictions (set forth in writing or by expert testimony); 2. Medical prognosis 3. Job restrictions 4. Other aspects of the injury that may affect employment
From the Bulletin Book
What shall be considered given the percentage of impairment when evaluating disability by the DCRB?
- Percentage of impairment figure assigned by DCRB Police and Fire Surgeons; percentage assigned by DCRB shall not immediately be equivilent, and shall only be one factor in determining wage-earning capacity.
From the Bulletin Book
What 3 things shall percentage of impairment figure, expert testimony, and opinions of witnesses assist the DCRB in determining?
- specific job limitations 2. physical or mental restrictions 3. wage-earning capacity
From the Bulletin Book
What are some of the factors that shall receive consideration in determining employability by DCRB in disability cases?
- Position held immediately prior to retirement; 2. mental and physical limitations and restrictions as a result of the impairment 3. Years of service 4. Age 5. Knowledge, skills, and experience and their transferability to the open labor market 6. education, training, and special skills influencing wage-capacity 7. Availability of suitable employment in DC, NOVA, PG, and MoCo.
From the Bulletin Book
Is the DCRB an employment service? What department will verify availability of jobs and their basic salaries? Where do they look? Will the disabled retiree’s inability to find or sustain employment influence their capacity to earn wages?
- No DCRB holds no responsibility for getting or securing employment for anyone. 2. DC Department of Employment Services 3. They assess the labor market in the commuting area of the Washington Metropolitan area for availability. 4. No, this will not influence the disabled retiree’s capacity to earn wages.
From the Bulletin Book
What are the two basic salary figures determined to compute the percentage of disability annuity?
- Basic salary for position last occupied 2. basic salary for the position he/she has the capacity to occupy while on disability retirement
From the Bulletin Book
What is the formula to calculate annuity payment for disability and what are its variables?
(A-B)/A=C C*D=E A=current salary for position held by FF B=basic salary of position disabled has the capacity to occupy C=percentage of disability D=70% of FF’s Basic salary; E=Amount of Annuity; provided the amount is not less than 40% basic salary at time of retirement for POD and not less than 30% in non-POD
From the Bulletin Book
What percentages must the annuity be higher than for POD and non-POD injuries to qualify for disability annuity payments?
- Greater than 40% of basic salary for POD and 2. Greater than 30% of basic salary for non-POD
From the Bulletin Book
Which (2) basic sallary figures are used to determin the percentage of disability and the amount of retirement annuity?
salary for position last occupied and salary for position he/she has the capacity to occupy
From the Bulletin Book
Once the percentage of disability has been getermined by the board, the percentage shall not be changed unless ______________?
medical evidence provided at annual review shows an increase or decrease in impairment.
From the Bulletin Book
Applications for optional retirement shall be considered by the board on the basis of what?
length of service and medical reports concerning applicants physical and mental condition.
From the Bulletin Book
Members retired for disability shall appear before the Board of Surgeons or an approved specialist at least once a year until reaching what age?
50
From the Bulletin Book
What happens to a member retired on disability who fails to undergo a required medical examination?
annuity stops from the date of the required exam until member completes the exam.
From the Bulletin Book
A petition for reconsideration, rehearing or reargument must be filed within how many days of the Retirements Board’s decision?
15 days
From the Bulletin Book
A petition for reconsideration shall be granted or denied by the Retirement Board within how many days of filing the petition?
15 days
From the Bulletin Book
At what age can a member, by the discretion of the Mayor, be forced to retire?
60 years old
