The Firm has been representing a Federal Law Enforcement Training Center (“FLETC”) employee in a pro bono appeal regarding eligibility to enhanced retirement benefits. This appeal in the United States Court of Appeals for the Federal Circuit involves whether certain FLETC employees qualify as law enforcement officers entitled to the enhanced benefits provided under the Department of Homeland Security Appropriations Act of 2008, 5 U.S.C. §8401-25, as well as regulations implemented by the Office of Personnel Management, 5 C.F.R. §842.1002 and 5 C.F.R. §842.1003.
Congress has long provided enhanced retirement benefits to those employees who serve in physically rigorous positions, such as law enforcement officers and firefighters. In 2008, Congress extended those same benefits to certain employees within the Department of Homeland Security. Despite the language of the Act and the intent of Congress, the Firm’s client was denied rights to enhanced retirement benefits despite almost three decades of service within the Department of Homeland Security.
The appeal has been fully briefed and was recently set for oral argument before the United States Court of Appeals for the Federal Circuit in Washington, DC. Robbins Geller attorneys John Herman, Robert J. Leonard and Carlton R. Jones are litigating the case.