shaw bransford & roth case law update

Supreme Court: Veteran Can’t Be Forced to Indemnify Ex-Spouse When Electing Benefits

A retired Air Force Veteran’s divorce decree awarded his ex-wife 50 percent of the veteran’s future Air Force retirement pay, but thirteen years after the divorce, the veteran was found partially disabled due to an earlier service-related injury, and elected to give up an equal amount ($250 monthly) of retirement pay in order to receive disability pay – thereby reducing the value of his ex-wife’s 50 percent share by 50 percent of $250. 

Posted in Case Law Update

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shaw bransford & roth case law update

Supreme Court to Decide Appellate Jurisdiction in Federal Employee “Mixed Case” Appeals

In the first case argued before Supreme Court Justice Neil Gorsuch, Justices appeared to disagree about how to handle “mixed cases,” alleging both adverse employment actions against federal civil service employees and prohibited discrimination, where the Merit Systems Protection Board concludes it lacks jurisdiction because the employee was not subject to an appealable action.

Posted in Case Law Update

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shaw bransford & roth case law update

Supreme Court Finds That FEHBA Preempts State Law Barring Subrogation and Reimbursement

Today, the Supreme Court held that contractual subrogation and reimbursement prescriptions plainly relate to “payments with respect to benefits” under the Federal Employees Health Benefits Act of 1959 (FEHBA) and preempt state laws barring subrogation and reimbursement. 

Posted in Case Law Update

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