FederalDaily - January 8, 2008
Bush Orders 3.5 Percent Civilian Pay Raise
President Bush on Jan. 4 signed an executive order putting in place an average 3.5 percent civilian
pay raise for Fiscal Year 2008 that was included in the omnibus spending bill that became law last
month. The executive order overrides a plan Bush issued late last year that would have limited the
FY 2008 pay raise to 3 percent. The pay raise will be split between 2.5 percent of the increase through
base pay and 1 percent through locality pay, following the recommendations of the Office of Personnel
Management, the Office of Management and Budget and the Labor Department. Servicemembers start the
year with a 3 percent raise, which is the result of an automatic adjustment tied to a Labor Department
wage index. The FY 2008 defense authorization bill called for a 3.5 percent raise for the troops, but
Bush rejected the measure because of concerns unrelated to the pay hike. To see more, go to: www.whitehouse.gov/news/releases/2008/01/20080104-6.html,
or to see pay rate information, go to: www.opm.gov/oca/08tables/index.asp.
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USERRA Demo Project on Military Claims Expires
The Office of Special Counsel (OSC) is no longer directly accepting federal workplace claims
made by federally employed servicemembers under the Uniformed Services Employment and Reemployment
Rights Act (USERRA). A USERRA demonstration project which gave OSC authority to receive and investigate
claims brought by certain federal employees against their agencies expired on Jan. 1. USERRA protects
the rights of those who are absent from employment due to military service. USERRA claims now have
to be submitted to the Department of Labor Veterans’ Employment and Training Service (VETS).
OSC will continue to have a role in USERRA enforcement. The law specifies that if VETS is unable to
resolve a federal sector claim, the claimant may request that VETS refer the matter to OSC, noted Special
Counsel Scott J. Bloch, who gave the demo project a thumbs up. “The authority of OSC to both
investigate and prosecute USERRA claims has been effective in protecting the rights of servicemembers,” said
Bloch in a statement. To see more, go to: www.osc.gov/documents/press/2008/pr08_01.htm.
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Court Decision May Imperil Servicemembers’ Custody Rights
A Jan. 3 ruling by the Appellate Division of the New York State Supreme Court in a child custody case
could have a wide-ranging impact, undermining the rights of parents enlisted in the reserves. In the
case, Diffin v. Towne, Richard S. Diffin petitioned his former wife Tanya Towne for custody
of their son after learning that Towne—a member of the Army National Guard—would be deployed
to Iraq in May 2004 for at least a year. After being awarded temporary custody for the duration of
her deployment, the father petitioned to modify the temporary custody order to award himself primary
physical custody. The court ruled in favor of the father. Gregory T. Rinckey, a former Army attorney
who practices military and family law at the firm Tully Rinckey PLLC, said the decision “marks
a serious attack” on the civil rights of military members. Rinckey’s firm noted that legislation
introduced by Sen. Judd Gregg, R-N.H., would amend the Servicemembers Civil Relief Act to provide protection
for child custody arrangements for deployed military parents. To see more, go to: http://tullylegal.com/PressRelease/Court_Decision_Strips_Iraq_Veteran_of_Child_Custody.htm.
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