(a) In order to ensure proper implementation of the health benefit plans under § 1-621.05 by October 1, 1987, the Mayor may issue temporary rules regarding the health benefit plans that shall not be subject to Council review. These temporary rules shall remain in effect only until the proposed rules have been approved or been deemed approved by the Council in accordance with subsection (b) of this section.

(b) The Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue proposed rules to implement the provisions of this subchapter. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved.

(c) The proposed rules submitted pursuant to subsection (a) of this section shall prescribe the time, manner, and conditions under which employees and annuitants are eligible for coverage. The proposed rules may exclude employees on the basis of the nature and type of employment or conditions of employment such as short-term appointment, seasonal employment, intermittent or part-time employment, or employment of a similar nature, but shall not exclude an employee or group of employees solely on the basis of the hazardous nature of employment.

(d) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, [§ 2-501 et seq.], may issue rules to implement the provisions of this chapter, including rules related to post-employment health benefits coverage, including structuring coverage so that it is secondary to other coverage (including Medicare).

(Mar. 3, 1979, D.C. Law 2-139, § 2113; as added Oct. 1, 1987, D.C. Law 7-27, § 2(d), 34 DCR 5079; Mar. 3, 2010, D.C. Law 18-111, § 1201(c), 57 DCR 181; Sept. 24, 2010, D.C. Law 18-223, § 1092(b), 57 DCR 6242.)

1981 Ed., § 1-622.13.

D.C. Law 18-111 added subsec. (d).

D.C. Law 18-223 rewrote subsec. (d), which had read as follows: “(d) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue proposed rules relating to post-employment health benefits coverage including structuring coverage so that it is secondary to other coverage (including Medicare). The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved.”

For temporary (90 day) amendment of section, see § 1201(c) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

For temporary (90 day) amendment of section, see § 1201(c) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

For temporary (90 day) amendment of section, see § 1092(b) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

For temporary (90 day) addition of section, see § 1093(b) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

Short title: Section 1091 of D.C. Law 18-223 provided that subtitle J of title I of the act may be cited as the “Police and Firefighter Post-Retirement Health Benefits Amendment Act of 2010”.

Section 1093(b) of D.C. Law 18-223 provided: “(b) This subtitle shall apply subject to its inclusion in an approved budget and financial plan.”