James R. Storey v. Office of Personnel Management

Fifth Circuit

James R. Storey v. Office of Personnel Management

654 F.2d 361, 1981 U.S. App. LEXIS 18183

CourtCourt of Appeals for the Fifth Circuit

DecidedAugust 27, 1981

Docket81-7252

StatusPublished

This text of 654 F.2d 361 (James R. Storey v. Office of Personnel Management) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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James R. Storey v. Office of Personnel Management, 654 F.2d 361, 1981 U.S. App. LEXIS 18183 (5th Cir. 1981).

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Opinion

PER CURIAM:

In the National Guard Technicians Act of 1968, Pub.L. No. 90-486, 82 Stat. 755 (Aug. 13, 1968), Congress extended federal retirement benefits, among other benefits, to National Guard technicians but only if they worked as such technicians on or after January 1, 1969. See 5 U.S.C.A. § 8332(b)(6). Appellant, a former National Guard technician from 1948 to 1959, challenges the constitutionality of the Act by alleging the exclusion of former technicians serves no rational purpose and the choice of January 1, 1969 as the eligibility date is arbitrary. We find the Act to be constitutional for the reasons set forth in the district court’s opinion at 519 F.Supp. 54 (N.D.Ga.1981).

It is obvious that Congress had as one of its purposes in passing the challenged legislation the encouragement of persons to join the National Guard technician’s program or remain a member if already a member on January 1,1969. Plaintiff was not a member on that day and had not been in the National Guard for approximately ten years. Plaintiff has no basis for complaint.

AFFIRMED.

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PER CURIAM:

In the National Guard Technicians Act of 1968, Pub.L. No. 90-486, 82 Stat. 755 (Aug. 13, 1968), Congress extended federal retirement benefits, among other benefits, to National Guard technicians but only if they worked as such technicians on or after January 1, 1969. See 5 U.S.C.A. § 8332(b)(6). Appellant, a former National Guard technician from 1948 to 1959, challenges the constitutionality of the Act by alleging the exclusion of former technicians serves no rational purpose and the choice of January 1, 1969 as the eligibility date is arbitrary. We find the Act to be constitutional for the reasons set forth in the district court’s opinion at 519 F.Supp. 54 (N.D.Ga.1981).

It is obvious that Congress had as one of its purposes in passing the challenged legislation the encouragement of persons to join the National Guard technician’s program or remain a member if already a member on January 1,1969. Plaintiff was not a member on that day and had not been in the National Guard for approximately ten years. Plaintiff has no basis for complaint.

AFFIRMED.

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654 F.2d 361, 1981 U.S. App. LEXIS 18183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-r-storey-v-office-of-personnel-management-ca5-1981.

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