§ 1–623.33. Compensation in case of death.

(a) If death results from an injury sustained in the performance of duty, the District of Columbia government shall pay a monthly compensation equal to a percentage of the monthly pay of the deceased employee in accordance with the following schedule:

(1) To the surviving spouse or domestic partner, if there is no child, 50 percent;

(2) To the surviving spouse or domestic partner, if there is a child, 45 percent and in addition 15 percent for each child not to exceed a total of 75 percent for the surviving spouse or domestic partner and children;

(3) To the children, if there is no surviving spouse or domestic partner, 40 percent for 1 child and 15 percent additional for each additional child not to exceed a total of 75 percent, divided among the children, share and share alike;

(4) To the parents, if there is no surviving spouse or domestic partner, or child, as follows:

(A) Twenty percent, if 1 parent was wholly dependent on the employee at the time of death and the other was not dependent to any extent;

(B) Twenty percent to each, if both were wholly dependent; or

(C) A proportionate amount in the discretion of the Mayor if one or both were partly dependent. If there is a surviving spouse or domestic partner, or child, so much of the percentages are payable as, when added to the total percentages payable to the surviving spouse or domestic partner, and children, will not exceed a total of 75 percent;

(5)(A) To the brothers, sisters, grandparents, and grandchildren, if there is no surviving spouse or domestic partner, child, or dependent parent, as follows:

(i) Twenty percent, if one was wholly dependent on the employee at the time of death;

(ii) Thirty percent, if more than one were wholly dependent, divided among the dependents, share and share alike; or

(iii) Ten percent, if no one is wholly dependent but one or more is partly dependent, divided among the dependents, share and share alike; or

(B) If there is a surviving spouse or domestic partner, child, or dependent parent, so much of the percentages are payable as, when added to the total percentages payable to the surviving spouse or domestic partner, children, and dependent parents, will not exceed a total of 75 percent.

(b)(1) The compensation payable under subsection (a) of this section is paid from the time of death until:

(A) A surviving spouse or domestic partner dies, remarries, or enters into a domestic partnership;

(B) A child, brother, sister, or grandchild dies, marries or enters into a domestic partnership, or becomes 18 years of age or, if over age 18 and incapable of self-support, becomes capable of self-support; or

(2) Notwithstanding the provisions of subparagraph (B) of paragraph (1) of this subsection, compensation payable to or for a child, a brother or sister, or grandchild that would otherwise end because the child, brother or sister, or grandchild has reached 18 years of age shall continue if he or she is a student as defined by § 1-623.01 at the time he or she reaches 18 years of age for so long as he or she continues to be such a student or until he or she marries. A surviving spouse or domestic partner who is entitled to benefits under this subchapter derived from more than one husband or wife shall elect one entitlement to be utilized.

(c) On the cessation of compensation under this section to or on the account of an individual, the compensation of the remaining individuals, entitled to compensation or the unexpired part of the period during which their compensation is payable is that which they would have received if they had been the only individuals entitled to compensation at the time of the death of the employee.

(d) When there are 2 or more classes of individuals entitled to compensation under this section and the apportionment of compensation under this section would result in injustice, the Mayor may modify the apportionment to meet the requirements of the case.

(e) In computing compensation under this section, the monthly pay is deemed not less than the minimum rate of basic pay for GS-2 as provided in § 5332 of Title 5 of the United States Code or its equivalent as provided in subchapter XI of this chapter. The total monthly compensation may not exceed:

(1) The monthly pay computed under § 1-623.14, except for increases authorized by § 1-623.41; or

(2) Seventy-five percent of the maximum monthly rate of basic pay for GS-15 as provided in § 5332 of Title 5 of the United States Code or its equivalent as provided in subchapter XI of this chapter for employees hired before January 1, 1980, or for employees who have a claim for compensation for disability pending on December 29, 1994, or 73% of the maximum monthly rate of basic pay for DS-12, Step 10 for employees hired after December 31, 1979, who make a claim for compensation for disability after December 29, 1994.

(f) Notwithstanding any funeral and burial expenses paid under § 1-623.34, there shall be paid a sum of $200 to the personal representative of a deceased employee within the meaning of subparagraph (A) of paragraph (1) of § 1-623.01 for reimbursement of the costs of termination of the decedent’s status as an employee of the District of Columbia government.

(Mar. 3, 1979, D.C. Law 2-139, § 2333, 25 DCR 5740; Sept. 26, 1995, D.C. Law 11-52, § 810(h), 42 DCR 3684; Sept. 12, 2008, D.C. Law 17-231, § 3(i), 55 DCR 6758; Feb. 26, 2015, D.C. Law 20-155, § 1022(b)(4), 61 DCR 9990.)

Prior Codifications

1981 Ed., § 1-624.33.

1973 Ed., § 1-353.33.

Section References

This section is referenced in § 1-623.09, § 1-623.19, § 1-623.35, and § 1-623.38.

Effect of Amendments

D.C. Law 17-231 substituted “surviving spouse or domestic partner” for “widow or widower” or “widow, widower” throughout the section; in subsec. (b)(1), substituted “marries or enters into a domestic partnership” for “marries”; and, in subsec. (b)(1)(A), substituted “dies, remarries, or enters a domestic partnership” for “dies or remarries”.

The 2015 amendment by D.C. Law 20-155 deleted “before reaching age 60” from the end of (b)(1)(A).

Emergency Legislation

For temporary (90 days) amendment of this section, see §1022(b)(4) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of this section, see §1022(b)(4) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, see §1022(b)(4) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).