Table of Contents | Linza v. Saul Labor & Employment Law, Public Benefits |
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US Court of Appeals for the Second Circuit Opinions | Linza v. Saul | Docket: 19-2766 Opinion Date: March 8, 2021 Judge: Richard J. Sullivan Areas of Law: Labor & Employment Law, Public Benefits | Plaintiff, a retired "dual status technician" with the National Guard, argues that the civil service pension he received in connection with his employment as a dual status technician – a civilian position that requires concurrent National Guard membership – is not subject to reduction under the Social Security Act's Windfall Elimination Provision because the pension falls within an exception applicable to payments based wholly on work performed as a member of a uniformed service. The district court granted summary judgment to plaintiff and the Administration appealed. The Second Circuit reversed the Administration's calculation of plaintiff's Social Security retirement benefits. The court read the plain language of the statute and used traditional tools of statutory interpretation, holding that a civil service pension based on federal civilian employment as a dual status technician does not fall within the uniformed service exception. Therefore, the court remanded for further proceedings consistent with the court's opinion. | |
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