Fitzgerald v. Dep’t of Homeland Sec.

In 1987, Fitzgerald began working as an Immigration Inspector with the Immigration and Naturalization Service of the Department of Justice. From 1988-2000, she served as a Customs Inspector with the Customs Service of the Department of the Treasury. Fitzgerald has been continuously employed in various Instructor positions at the Federal Law Enforcement Training Center (FLETC) since 2000, providing training to federal criminal investigators and law enforcement officers. In 2012, Fitzgerald requested review of her employment history so that she could obtain Customs Officer retirement credit for her past service with INS and Customs. Federal retirement laws extend enhanced benefits to certain groups, such as law-enforcement officers and firefighters, who have served in physically rigorous positions. Under the Federal Employees’ Retirement System, those benefits include eligibility to retire with an annuity at an earlier age than many other federal employees and eligibility to retire based on fewer years of service, 5 U.S.C. 8412(d)(1),(2). In 2007 the law was amended to extend benefits to Customs and Border Patrol Officers. The Merit Systems Protection Board and Federal Circuit affirmed denial of her claim, finding that the amendment did not provide “retroactive service” credit for service performed before July 2008, its effective date. View "Fitzgerald v. Dep't of Homeland Sec." on Justia Law