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Tuesday, July 26, 2005

Supreme Court nominee writes disability opinion
Holly Manges Jones at 9:23 PM ET

[JURIST] US Supreme Court nominee John Roberts [JURIST report] wrote an opinion [PDF] Tuesday, dismissing a class-action suit brought by firefighters and federal law enforcement officers who sought increased disability benefits upon retirement. The retirees were hoping to gain higher benefits before meeting the threshold requirements of reaching the retirement age of 50 and serving for over 20 years. The US Court of Appeals for the District of Columbia Circuit [official website] indicated that Congress gave the US Office of Personnel Management (OPM) [official website] the authority to handle these types of claims, so federal courts do not have jurisdiction over them. Judge Roberts wrote, "Congress has prescribed a route other than suit." The OPM had offered retroactive benefits to those retiring before turning 50 if they served 20 years, which Roberts said "fell within the OPM's discretionary powers." AP has more.






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