United States v Guam and Government of Guam Retirement Fund (D. Guam)

On September 1, 2021, the United States filed a complaint in United States v. United States Territory of Guam and the Gov’t of Guam Retirement Fund (D. Guam). The complaint alleges that Defendants’ failure to provide pension credits and contributions on behalf of employee-servicemembers violates Section 4318 of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). The lawsuit, which stems from complaints filed with the U.S. Department of Labor (Veterans Employment and Training Service), alleges that five claimants (as well as other similarly situated employee-servicemembers) used donated leave from Guam’s leave sharing program while on active military duty. But when the claimants made efforts to determine their upcoming retirement date, Defendants refused to issue pension credits and contributions for the periods they used the leave sharing program when serving the country. ELS continues to litigate the case, in collaboration with the U.S. Attorney’s Office for the District of Guam.

Press Release - 9/1/21