FINAL Transition Exit Information Packet

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    GOVERNMENT OF THE DISTRICT OF COLUMBIAD.C. Department of Human Resources

    Transit ion ExitInformation PacketExecutive & Excepted Services Employees

    Brender L. GregoryDirector

    Adrian M. Fenty Brender L. Gregory

    Mayor Director

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    Executive and Excepted Services Employee Benefits Information

    Separation Pay

    A. Executive Service

    Executive Service employees may be paid separation pay upon separation, at the discretion of the Mayor.Separation pay will not be paid if an Executive Service employee separates before December 17, 2010. Ifseparation pay is authorized, you will receive a lump sum payment in accordance with your employmentagreement, unless you are eligible to receive an annuity under a retirement program for District governmentemployees.

    B. Excepted Service

    Excepted Service employees are eligible for separation pay upon separation. Separation pay will not be paid if anExcepted Service employee separates before December 17, 2010. Separation pay will be disbursed through amailed check or direct deposit (whichever method is currently used to pay your salary). Your separation paymentshould be received within 3 to 6 weeks after the date of your separation.

    Note: By law, separation pay for Excepted or Executive Service employees who have been employed by theDistrict government for less than 1 year shall not exceed 4 weeks of the employees basic pay. Separation pay forother Excepted and Executive Service shall not exceed 12 weeks of the employees basic pay.

    Note: Excepted or Executive Services employees who are reemployed by the District government after theseparation date but before the period covered by the separation pay is completed are required to refund the

    portion of separation pay for the period he/she is working in the new District government position.

    Note: Separation pay is not payable to any Excepted or Executive Services employee who accepts anappointment to another position in the District government without a break in service; or an employee who, at thetime of separation, is eligible to receive an annuity under a District government retirement program.

    Annual or Universal Leave Lump-Sum Payments

    Individuals who are separated from District government service (via, retirement, termination, resignation, etc.) areentitled to receive a lump-sum payment (in a separate check) for unused annual or universal leave. It normallytakes approximately 3 to 6 weeks from the date of separation to receive the lump-sum leave check.

    Sick Leave

    Sick leave hours have no monetary value. Thus, there is no payment for unused sick leave upon separation.Unused sick leave at the time of your separation (termination, resignation, etc.) will be credited if you arereemployed by the District government within 3 years of your separation date. For employees covered by the CivilService Retirement System (CSRS) who are eligible for retirement, all unused sick leave is added to the numberof years and months of service for annuity computation purposes.

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    Health Benefits

    Your health benefits enrollment under the District of Columbia Employee Health Benefits Program (DCEHB) orFederal Employees Health Benefits (FEHB) terminates on the last day of the pay period in which you separatefrom District government service. However, while your enrollment terminates on this date, your health benefits

    coverage will extend for 31-days after the enrollment termination date at no cost to you.

    You can continue your coverage beyond the 31-day extension period in 2 ways: (1) you can convert to a non-group contract at your expense, which usually has a higher premium cost than your current premium; or (2) youhave the right to temporarily continue your health benefits coverage for up to 18 months after your separationunder the Temporary Continuation of Coverage (TCC) plan. If you elect TCC, you must pay the full amount of thepremium (there is no District contribution) plus a 2% administrative charge. For example: The cost of the currentAetna HMO Self Only policy is $109.13 monthly under the TCC, this policy would cost $445.23 per month. Thecurrent Aetna HMO Self and Family policy is $283.72 monthly under the TCC, this policy would cost $1,157.60per month. Please note that rates are subject to change with the new plan year that begins January 3, 2011.

    You may contact our Benefits and Retirement Administration at (202) 442-7627, for assistance in enrolling inTCC. Your registration form must be received within 60 days of your date of separation. However, whenever youenroll, you are responsible for all premiums from the 1st day after the end of the 31-day extension perioddescribed above.

    Dental, Vision, and Flexible Spending Benefits

    Your dental, vision, and flexible spending (health, dependent care, commuter) benefits end the day of yourseparation. Employees can submit claims for services that were rendered on or before the date employmentterminates. For additional information regarding your dental, vision, and flexible spending accounts, you maycontact our Benefits and Retirement Administration at (202) 442-7627.

    Short-Term and Long-Term Disability

    Short-term and long-term disability coverage ends the day an employee is terminated. There is no portability ofdisability coverage under the Districts contract.

    Indemnity Insurance

    If you have an indemnity insurance policy through AFLAC, the policy can be continued following your separationfrom District government service.

    Life Insurance BenefitsIf you have life insurance coverage through the Federal Employees Group Life Insurance Program (FEGLI) or theD.C. Employees Group Life Insurance Program (DCEGLI), your coverage will end the last day of the pay periodin which you are separated. You may convert your FEGLI or DCEGLI coverage to an individual policy. Theconversion coverage is effective on the day following the last day of the pay period of separation and theapplicable premiums must be paid in order to convert to an individual policy. If you are interested in convertingyour life insurance policy, please contact our Benefits and Retirement Administration at (202) 442-7627.

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    Retirement Benefits- D.C. Defined Contribution Plan

    Employees first hired on or after October 1, 1987 are covered by the Defined Contribution Pension Plan (401(a)Plan). The contribution that the District government makes to the retirement program is placed into an account onyour behalf. Participants vest incrementally based on the following schedule:

    Years of Creditable Service Vested Percentage

    Less than 2 years 0%2 years of service 20%3 years of service 40%4 years of service 60%5 years or more 100%

    If you are vested in the 401(a) Plan, you have several choices regarding the money in your plan account uponseparation:

    -Keep the money in the plan-Receive a lump sum payment-Receive a payment in installments-Convert to an annuity

    You can get additional information by contacting an ING representative at (202) 442-9749.

    Retirement Benefits Civil Service Retirement System (CSRS)

    You may apply for CSRS retirement if you are eligible to retire on or before December 31, 2010 under either theOptional or Voluntary Early retirement provisions of the CSRS. To exercise the optional retirement option, youmust submit your application for retirement prior to notification of termination.

    Optional Retirement Voluntary Early Retirement

    Age 55 and 30 years of service Age 50 and 20 years of service* Age 60 and 20 years of service Any age and 25 years of service* Age 62 and 5 years of service Age 62 and 5 years of service

    a n *Please note that your retirement annuity will be reducedby 2% for each year you are under 55

    EarlyIf you have received a notice of separation from your position you may be entitled to an immediate annuity underthe discontinued service provisions of the CSRS.To determine your retirement eligibility, please contact our Benefits and Retirement Administration at (202) 442-7627.

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    D.C. Deferred Compensation Program

    If you are a participant in the 457(b) Deferred Compensation Program (457(b) Plan) for the District government,you may elect 1 of the following options:

    - Keep the money in the plan

    -Receive a lump sum payment-Receive payments in installments-Convert to an annuity-Rollover the money into another eligible plan

    For additional information on the 457(b) Plan, please contact the ING Plan Administrator at (202) 442-9749 or(800) 584-6001.

    Unemployment Compensation

    An employee who resigns at the request of his or her employer, through no fault of the employee (for example,

    due to a change in the Administration), is considered to have been involuntarily separated from the employer. Anemployee involuntarily separating from an employer is entitled to unemployment insurance compensation onceunemployed. However, please note that you cannot receive separation pay and unemployment compensation atthe same time.

    As soon as you separate from District government employment, you may apply for unemployment benefits. TheDistrict of Columbia offers 2 ways to file for unemployment compensation Internet (www.jobs.dc.gov) and viatelephone. The Department of Employment Services (DOES) strongly recommends that individuals seekingunemployment benefits do so online for quicker service. Additional information on applying for unemploymentbenefits is included in the FAQ section of this Packet.

    Return of District Government PropertyAs an employee separating from the District government, you must return all District government property in yourpossession, including cell phones, personal digital assistants, and parking space placards. Your agency's HumanResources (HR) Advisor should provide you with a list of the government property that must be returned. If anemployee fails to return any District government property, the value of the property will be deducted from theemployees final paycheck.

    After your termination date, all of your user names and passwords for District government technology systems,including your network log-in and PeopleSoft access will be deleted immediately.

    Payroll

    Final regular payroll checks will be issued during the normal pay cycle, as follows:

    Final Pay Period Worked Final Paycheck Pay Group 1 Final Paycheck Pay Group 2

    11/21/10 12/4/1012/5/10 12/18/1012/19/10 1/1/11

    Tuesday, 12/14/10Tuesday, 12/28/10Tuesday, 1/11/11

    Friday, 12/17/10Friday, 12/30/10Friday, 1/14/11

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    Employees with outstanding debts, including but not limited to outstanding insurance payments, the use ofunearned vacation and/or sick time, and failure to return all District government property will have the appropriateamount deducted from this final check. If the check amount does not cover this debt, you will be billed for theremaining amount. To ensure proper disbursal of paychecks, please discuss all above matters with your agency'sHR Advisor prior to your termination date. Separation pay checks will be dispersed through the mail or direct

    deposit.

    Your final paycheck will be disbursed through a mailed check or direct deposit (whichever method is currently used to payyour salary).

    Post-Employment Conflict of Interest

    There are statutory post-employment conflict-of-interest restrictions that apply to certain Excepted and ExecutiveServices employees. These restrictions include both permanent and time-limited restrictions on post-employmentrepresentation on counseling on particular matters with which the employee was associated during his or herDistrict government employment.

    For information or advice concerning potential post-employment conflicts of interest, please contact Thorn Pozen,D.C. Ethics Counselor, at (202) 727-0872.

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    Frequently Asked Questions

    Payroll

    Question: When will I get paid for any unused annual leave?

    Answer: An employee separating from District government will be paid for any unused annual leave in a lump-sumpayment within 3 to 6 weeks from the date of separation. The payment will be made through a mailed check ordirect deposit (whichever method is currently used to pay your salary).

    Question: How will my payments be taxed?

    Answer: Regular wages and separation payments are taxed in accordance with your W4 withholdings. Annual anduniversal leave payments are taxed at a federal tax rate of 25% of the gross amount and state taxes arecalculated at 15% of the federal tax withholding amount. However, large separation payments normally result inlarge tax withholding greater than your regular biweekly tax deductions.

    Question: How do I request a refund of my retirement contributions?

    Answer: An employee covered by the Civil Service Retirement System (CSRS) should contact the U.S. Office ofPersonnel Management at (202) 606-0500; however, you must wait at least 30 days after termination. Anemployee covered by the DC Defined Contribution Plan (401(a) Plan) should contact the Benefits and RetirementAdministration at 442-7627.

    Benefits

    Question: Will there be any sessions to discuss topics such as: Transitioning 457 Deferred Compensation Plan (DCPLUS); and

    Transitioning 401(a) Retirement Plan

    Answer:Yes, there will be sessions with ING, and DCHR Benefits Specialists will also be present to answerquestions, as some separating employees may not be vested, or may have other benefits questions that the INGstaff cannot answer. The following dates, times, and locations for the sessions are tentative, and will need to beconfirmed by the DCHR:

    Wednesday, November 3, 2010, 1p.m. at the John A. Wilson Building Thursday, November 4, 2010, 1 p.m. at OJS

    Question: If an employee resigns as a result of the mayoral transition (change in administration), willhe/she still be eligible for Temporary Continuation of Coverage (TCC) and other termination-related health

    benefits?

    Answer:An employee who resigns can still participate in TCC for a period of 18 months; however, the employee must elect todo so within 60 days of his or her separation. (For more information, see the Health Benefits section above)

    Question: What is the distinction between being terminated versus resigning from my District governmentposition in terms of benefits and future employment with the District government?

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    Answer: Employees are submitting resignation letters at the request of the Mayor. If the resignation is accepted, theemployee will receive a 15-day notice of separation (if the employee does not submit a letter of resignation, he or she willalso receive a 15-day notice of separation). Because the employee is receiving a 15-day notice of separation, he or she willbe eligible to extend his/her health and life insurance as specified in this Packet, as well as receive unemployment benefits.Additionally, the employee will be eligible for separation pay as explained herein. If the employee resigns before theresignation is accepted by the Mayor, the employee may not be eligible for separation pay or unemployment benefits.

    Unemployment Compensation Benefits

    1. Question: What information do I need to have available in order to apply for unemployment benefits?

    Answer: To begin the process to file for your unemployment benefits, you will need to have the following informationreadily available:

    Your most recent employers name, address, and telephone number Your dates of employment; Your social security number; Your Alien Registration Number, if you are not a US Citizen; Your DD214, if you were a member of the military during the prior 24 months; Your Standard Form 8 or Standard Form 50, if you were employed by the federal government during the prior 24 months; and Severance pay information (only applicable if you did or will receive severance pay).2. Question:Will I be eligible for unemployment benefits if I resign as part of the transition?

    Answer: If you are otherwise eligible for unemployment and your resignation is being tendered at the request ofyour employer (the Mayor, the Mayors designee, or your agency director/supervisor), then your separation isconsidered involuntary, and you are eligible for unemployment benefits. However, if you resign independent ofyour employers request this is considered a voluntary quit, and you may not be eligible for unemployment benefits.In order to determine eligibility, you must apply for unemployment benefits at which time your case will beassessed.

    3. Question: When is the earliest that I can file my initial claim for unemployment compensation benefits?

    Answer: You can file your claim immediately following the last working day for which you were employed. Forexample, if you tendered your resignation on November 3, 2010 but your last day of employment is January 1,2011 you can file effective January 2, 2011.

    4. Question: Can I receive unemployment insurance if I am also receiving separation/ severance pay?

    Answer: Severance pay is considered earnings for unemployment purposes and must be reported as such. You cannotreceive unemployment insurance benefits for any week that a severance payment is intended by the employer to cover. For

    example, assume an employees last day of employment is December 31, 2010, and on that day he/she receives a lump sumseverance payment intended to cover 6 weeks of employment. This individual may apply for unemployment benefitseffective January 3, 2011; however, he/she will not qualify for unemployment benefits payments until the 6 weeks ofseverance have been exhausted and his/her one week waiting period has been served.

    5. Question: How do I file my initial claim for benefits?

    Answer: You can file your initial claim for benefits over the Internet at www.jobs.dc.gov.Click on red tab ClaimUnemployment Benefits in the upper area of your screen. If you are unable to file your claim online, you can file over thetelephone by calling (202) 478-5937.

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    6. Question: When I file my claim, what is the correct answer on the unemployment application regarding why I amno longer working?

    Answer: If you leave your employment after the employer requests your resignation, the separation is considered laidoff/lack of work and should be noted as such on your application. If you have any questions about the process and need tospeak to someone about your claim, please call (202) 478-5937. If you leave your employment prior to or without your

    employer requesting your resignation, your separation is considered a voluntary quit (VQ) and must be noted on yourapplication as such.

    7. Question: How much can I collect on unemployment?

    Answer: Based on your salary you will be entitled to between $50 per week and $359 per week; $359 is currently the highestweekly benefit amount that the District pays. The maximum amount that you may collect is twenty six times this weeklybenefit amount.

    8. Question: After filing my initial claim, how do I get paid?

    Answer: You must file for benefits every week. You may file for benefits online at www.jobs.dc.gov (click on "Claim

    Unemployment Benefits). You may also file your weekly claim for benefits by telephone at (202) 478-5937. In order for yourcertification to be considered timely, you must certify within 21 days after the first week ending date on the claim form.

    9. Question: When can I expect my first payment?

    Answer: If otherwise eligible, you should receive your first unemployment insurance benefit payment within 21 days after youfile your claim. Note: Under District law the first full week of certified eligibility is a non-payable waiting period. Therefore youwill not receive your first benefit payment until after you certify for your second week of benefits.

    10. Question: Can I request my unemployment checks be directly deposited into my bank?

    Answer: Yes. You will be given the option to request direct deposit when you file your claim online. If you do not request

    direct deposit when you file online, after you receive your password (which will be sent to you about a week after your file theclaim) you can log back into www.jobs.dc.gov, click on "Claim Unemployment Benefits, enter your social security numberand password, and then click on direct deposit. Signing up for direct deposit is quick and easy and lessens the chance ofchecks getting lost in the mail, and your benefits will generally be deposited in your account on the second business day afteryou file your weekly claim (depending on your bank).

    11. Question: How will benefits be paid?

    Answer: Benefits will be paid either by check or, if you choose, by direct deposit to your designated financial institution. Directdeposit is the safest and most reliable method of payment. If you choose direct deposit, benefits will generally be deposited inyour account on the second business day after you file your weekly claim (depending on your bank).

    12. Question: Are unemployment compensation benefits taxable?

    Answer: Yes. Unemployment insurance benefits are taxable. If you wish, you can request the District to withhold the taxesfrom your unemployment insurance benefit payments. One of the questions on your initial claim application will be whetheryou wish to have taxes withheld from you unemployment benefits. If you elect to have taxes withheld, 10% of your weeklybenefit amount will be withheld for federal income taxes and 5% for District income taxes.

    13. Question: If I receive a lump sum annual leave payment after filing for benefits, must I report this payment?

    Answer: No. A lump sum annual leave payment is not considered earnings under DC law.

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    General

    Question: To whom will I physically submit my letter of resignation?

    Answer: You are to submit your letter of resignation to the Mayors Chief of Staff, with a copy to the Director of the D.C.

    Department of Human Resources.

    Question: Will I have to repay the separation pay received if I am re-hired by a private employer or the federal government

    after my separation date but before the period covered by my separation pay is completed? Can I keep my separationpay?

    Answer: The requirement to repay the separation pay under the circumstances described in your question is limited toreemployment with the District government.

    Question: What, if any, are the restrictions around an Excepted Service employee applying for a Career Serviceposition within the District government?

    Answer: There are no restrictions on Excepted Service employees applying for Career Service positions within theDistrict government. However, during the 6-month period prior to a general election, Excepted Service employeescannot be appointed non-competitively to Career Service positions.

    Question: What happens if an Excepted Service employee does not resign?

    Answer: He or she will receive a 15-day notice of separation on or before December 15, 2010.

    Question: What will be the effective date of letters of resignation submitted by Executive Service employees?

    Answer:Friday,December 31, 2010.

    Question: Are Capital City Fellows exempt from the Excepted Service requirement?

    Answer: Individuals appointed to Capital City Fellows positions are appointed into the Excepted Service, but undera different authority (D.C. Official Code 1-609.04(6) Special Excepted Service appointments) than the personalstaff of the Mayor and appointees to Excepted Service policy positions, both of which are appointed under D.C.Official Code 1-609.03(a)(1) and (2). For that reason, Capital City Fellows are not impacted by the transition.

    Important Phone Numbers

    DCHR, Benefits and Retirement Office 202- 442-7627ING Plan Administrator 202-442-9749

    One-Stop Career Center-1500 Franklin Street., N.W. 202- 576-3092One-Stop Career Center- 2626 Naylor Road., S.E. 202- 645-3413Office of Pay and Retirement Services 202- 741-8600US Office of Personnel Management 202-606-0500DOES Unemployment Office 202-724-7000

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    SAMPLE LETTER OF RESIGNATION

    Department Letterhead

    Date

    The Honorable Adrian M. FentyMayor of the District of Columbia

    1350 Pennsylvania Avenue, N.W.Suite 316

    Washington, D.C. 20004

    Dear Mayor Fenty:

    Pursuant to your request of __________________, 2010, I am submitting my resignation from myposition in the Executive Service (or Excepted Service), to be effective upon acceptance.

    When I accepted this Executive Service (or Excepted Service) appointment I understood that I would

    serve at the pleasure of the appointing authority, and that if still serving in this capacity during atransition in administrations I would be asked to submit my resignation as a courtesy to the new

    Mayor.

    It has been an honor to serve in your administration and to contribute to the transformation of theDistrict of Columbia government.

    I offer my continued service to the new Administration, but I understand there are a number of reasonswhy the incoming Administration may decide not to retain me as an Executive Service (or ExceptedService) employee.

    If you have specific questions concerning this letter of resignation, please contact me directly at

    ________________.

    Sincerely,

    NamePosition Title

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    SAMPLE TRANSMITTAL MEMO

    GOVERNMENT OF THE DISTRICT OF COLUMBIA

    Department of Human Resources

    Office of the Director

    MEMORANDUM

    TO: Mayors Cabinet

    FROM: Brender L. GregoryDirector

    DATE:

    SUBJECT: Excepted and Executive Service Employees

    Attached is a list of Excepted and Executive Service employees for your agency. These individuals

    should be notified of the transition process for the Fenty Administration.

    All Excepted and Executive Services employees must tender their resignations to the Mayors office on

    November 19, 2010, with a copy to the Director of the D.C. Department of Human Resources.

    To facilitate this process, the DCHR will provide each Agencys director with sample resignation lettersby Friday, November 5, 2010. Any Excepted or Executive Service employees that will be retained by

    the incoming administration will be notified of this decision approximately by Wednesday,December 15, 2010.

    Please acknowledge receipt of the list of your agencys Excepted and Executive Service employeesaffected by the transition process by signing this Memorandum and return to my office by close of

    business on _____________, _____________, 2010.

    If you have any questions, please contact me at (202) 442-9600.

    ___________________________

    Signature Date

    ___________________________

    Name (Print)

    cc:

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    441 4th

    Street, NW, Suite 330S, Washington, D.C., 20001

    NOTES