Compliance October 23, 2012

USERRA Lawsuit for NYC Workers Expands

October 23, 2012 (PLANSPONSOR.com) – A federal lawsuit investigating the City of New York’s calculation of pension funds was expanded to include all retired City workers called to active military duty after 9/11.

Reported by

Kristen Heinzinger

U.S. Attorney for the Southern District of New York, Preet Bharara, announced the investigation is to determine if the City workers are receiving the benefits to which they are entitled under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).

On August 2, the U.S. filed a class action lawsuit against the City, the New York City Policy Department (NYPD), and New York City Pension Fund on behalf of all current and retired NYPD officers who performed active military service since 9/11 or who will do so in the future (see “NYC Sued for Military Member Police Officers’ Pensions”). The lawsuit alleges that the City unlawfully calculates the pensionable earnings of NYPD officers called to military duty by relying exclusively on their base pay-rate instead of including the overtime or night shift compensation they would have earned had the military not mandated their service, as required by USERRA. As a result, service members are being deprived of pension benefits they would have been reasonably likely to receive.

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The lawsuit seeks to require the City to lawfully calculate pension earnings of all current and former NYPD officers who were called to active duty after 9/11 or who will be called to service, to recalculate the pension benefits they are currently receiving and to remit any additional pension benefits owed as a result.

“Since the lawsuit was filed we have received dozens of inquiries from veterans who worked on other City agencies, prompting the expansion of our investigation,” Bharara said. “Each and every City employee who was called to active military service is entitled to have his or her pension calculated consistent with USERRA.”

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TRIVIAL PURSUITS: Requirements of Guards for Tomb of Unknowns

October 23, 2012 – The Tomb of the Unknowns in Arlington National Cemetery is guarded 24 hours per day, 365 days per year, by specially trained members of the 3rd United States Infantry.

Reported by

Some requirements of the Guard:

Each soldier must be in superb physical condition, possess an unblemished military record and be between 5 feet, 10 inches and 6 feet, 4 inches tall, with a proportionate weight and build.
An interview and a two-week trial to determine a volunteer’s capability to train as a tomb guard is required. During the trial phase, would-be sentinels memorize seven pages of Arlington National Cemetery history. This information must be recited verbatim in order to earn a “walk.”
New sentinels learn the history of Arlington National Cemetery and the grave locations of nearly 300 veterans. They learn the guard-change ceremony and the manual of arms that takes place during the inspection portion of the Changing of the Guard. Sentinels learn to keep their uniforms and weapons in immaculate condition.
The sentinels will be tested to earn the privilege of wearing the silver Tomb Guard Identification Badge after several months of serving. First, they are tested on their manual of arms, uniform preparation and their walks. Then, the Badge Test is given. The test is 100 randomly selected questions of the 300 items memorized during training on the history of Arlington National Cemetery and the Tomb of the Unknowns. The would-be badge holder must get more than 95 percent correct to succeed. Only 400 Tomb Guard Badges have been awarded since it was created in February 1958.
The Tomb Guard Identification Badge is a temporary award until the badge-holding sentinel has honorably served at the Tomb of the Unknowns for nine months. At that time, the award can be made a permanent badge, which may then be worn for the rest of a military career.
Duty time when not “walking” is spent in the Tomb Guard Quarters below the Memorial Display Room of the Memorial Amphitheater where they study Cemetery “knowledge,” clean their weapons and help the rest of their relief prepare for the Changing of the Guard. The guards also train on their days off.