Federal Daily - June 15, 2009

NARFE Denounces GOP Plan to Trim Fed Retirement Benefits

The National Active and Retired Federal Employees Association (NARFE) on June 11 criticized proposals by House Republican leaders that would reduce the retirement annuities of federal workers while requiring them to work longer to receive their full benefits. In a statement, NARFE President Margaret L. Baptiste said the proposal—by Minority Leader John Boehner, R-Ohio, and Minority Whip Eric Cantor, R-Va.—was unfair. NARFE said that according to Congressional Budget Office (CBO) estimates, the average new Civil Service Retirement System (CSRS) retiree would receive about $6,530 less over five years than under current law. That’s because the proposal suggests basing the federal civilian annuity calculation on the highest five years of salary instead of the highest three years. In addition, the GOP leaders recommended that the minimum retirement age for all federal civilian employees be moved up to age 62. Under current law, employees can retire at age 55 if they have 30 or more years of service, or at age 60 if they have 20 or more years of service. Federal public safety employees are required to retire by age 57, and air traffic controllers must retire by age 56, NARFE pointed out. “The federal government should serve as a model to other employers,” Baptiste said, “and should not be a part of the mindless race to the bottom which has contributed to the growing number of employees without adequate retirement savings or health insurance.” To see more, go to: www.narfe.org/departments/home/articles.cfm?ID=1823.

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Davis Presses for Bill to Give Servicemembers Access to Supreme Court

Rep. Susan Davis, D-Calif., pressed fellow lawmakers to adopt a bill that would—if signed into law—give servicemembers with cases pending in the military judicial system access to the Supreme Court. Davis testified at a June 11 hearing of the House Judiciary Subcommittee on Court Policy. Davis said the Equal Justice for Our Military Act, H.R. 569, would eliminate a disparity in current law which now bars court-martialed servicemembers whose cases involve extraordinary circumstances from appealing for Supreme Court review. The bill would give them access to the court—the same right enjoyed by government prosecutors, Davis said. “It is unjust to deny members of our armed forces access to our system of justice as they fight to preserve this very system,” Davis testified. Dwight H. Sullivan, a civilian senior appellate defense counsel in the Air Force Appellate Defense Division and a Marine Corps Reserve colonel, agreed with Davis. Sullivan, who noted that he wasn’t speaking on behalf of the military, said the actual number of cases that would be reviewed if H.R. 569 passed would be low. However, “the principle that the legislation promotes is an important one,” Sullivan said. “With all of the sacrifices that servicemembers are called upon to make, a reduced right of access to the United States Supreme Court should not be among them.” To see more, go to: www.house.gov/susandavis/press/pr061109equalhearing.shtml.

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SEA Objects to Jury Option for Federal Whistleblowers

The Senior Executives Association (SEA) objected to offering jury trial access to federal whistleblowers whose reprisal claims are not satisfied through regular bureaucratic and administrative channels. William Bransford, SEA general counsel, testified June 11 at Senate Homeland Security and Governmental Affairs subcommittee that was considering S. 372, a bill to expand whistleblower protections. Although SEA supported many of the measures in S. 372, the organization said it would be a mistake to offer jury trials to those who claim whistleblower reprisal. SEA is fearful that providing complainants with potential access to a jury trial may chill federal managers’ desire to discipline employees if they eventually could have to defend their actions in federal court, Bransford said. “A sensational jury trial resulting in a finding against the manager with a substantial award of damages will create significant pause for managers who must make decisions to confront and deal with problem behavior,” Bransford said. The House companion bill, H.R. 1507, would allow whistleblowers to file their cases in district court if the Merit Systems Protection Board (MSPB) has not acted within 180 days, said panel Chairman Daniel K. Akaka, D-Hawaii. Advocates believe that such a safety valve is needed to protect whistleblowers if the administrative process is not working, Akaka said. To see more, go to: http://hsgac.senate.gov/public/index.cfm?Fuseaction=Hearings.Detail
&HearingID=f657db46-9461-43ba-99de-2ac25593c899.  

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