The U.S. Attorney in New York has filed a lawsuit charging that New York City pays lower pension benefits than it should to Police Officers who take a leave of absence to serve in the military.
The lawsuit was filed as a class action on behalf of all current and retired Police Officers who have performed active military service since September 11, 2001, including those who will do so in the future.
The complaint alleges that the City only gives credit for the base pay that officers would have received had they not been called for service. Federal law, however, requires that pensions account for other compensation such as probable overtime and night differential pay.
The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the employment rights of those who voluntarily or involuntarily take time off from work to serve in the uniformed services.
Among its many protections, USERRA protects the veteran’s pension benefits when she or he returns to civilian work. For example, employers maintaining defined contribution plans must make the non-elective employer contributions that would have been made during the military service period.
John Howley
New York, New York
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