Justice Department Sues Nevada To Protect Pension Rights Of Military Servicemembers

LAS VEGAS – The Justice Department announced today that it has filed a lawsuit against the State of Nevada, Nevada Attorney General’s Office and Public Employees’ Retirement System of Nevada (NVPERS) to protect the employment pension rights of servicemembers who are called to serve their country on military service. The Justice Department alleges that when state employees are reemployed after military service, NVPERS violates the Uniformed Services Employment and Reemployment Act of 1994 (USERRA) by overcharging those servicemembers when calculating their contribution to their pension plans.

“When rehiring servicemembers, the law requires employers to not only return the veterans to their rightful positions, but also to protect their pension rights,” said Assistant Attorney General Kristen Clarke of the Justice Department's Civil Rights Division. “The Justice Department is committed to ensuring that those who sacrifice so much to protect this country do not have to sacrifice their civilian employment rights, including their pensions.”

“USERRA protects a servicemember’s reemployment rights after returning from military service to their civilian employment,” said U.S. Attorney Jason M. Frierson for the District of Nevada. “Every person who has served in our country’s uniformed services deserves the full protection of our employment laws and we will continue to work with the Civil Rights Division’s Employment Litigation Section to protect servicemembers’ rights.”

According to the complaint, when Nevada state employees pass their five-year employment anniversary, they can purchase pension credits in the state’s pension system operated by NVPERS. NVPERS charges the employee for these pension credits based on the employee’s age and salary at the time of the purchase. USERRA requires employers to restore returning servicemembers’ pension benefits as if they had not been called away to military service. Servicemembers who are away on military service when they pass their five-year anniversary cannot purchase pension credits until they have returned from military duty. As alleged in the complaint, NVPERS violated USERRA by charging reemployed servicemembers based on their age and salary when they were reemployed, rather than their age and salary when they passed their five-year anniversary.

As explained in the complaint, Major Charles Lehman was an employee in Nevada’s Office of the Attorney General who was called to active duty with the Nevada National Guard on a multi-year term of duty during which he passed his five-year anniversary with the Attorney General’s Office. When he was released from military service and returned to his civilian job, NVPERS overcharged him for his pension credits based on his increased age and salary, an amount that exceeded the amount he would have owed, had he not been away on military service, by more than $38,000. As alleged, NVPERS’ policy of overcharging for these pension credits impacted other state employees returning from military service. The Justice Department seeks to have NVPERS change its policy of overcharging servicemembers, and refund Lehman and any other affected reemployed servicemembers the amounts previously overcharged.

USERRA protects the rights of uniformed servicemembers to retain their civilian employment following absences due to military service obligations and provides that servicemembers shall not be discriminated against because of their military obligations. The Justice Department gives high priority to the enforcement of servicemembers’ rights under USERRA. Additional information about USERRA can be found on the Justice Department’s websites at www.justice.gov/servicemembers and www.justice.gov/crt-military/employment-rights-userra as well as on the Department of Labor’s (DOL) website at www.dol.gov/vets/programs/userra.

This case stems from a referral by the DOL after an investigation by the DOL’s Veterans’ Employment and Training Service.

Senior Trial Attorney Jeffrey Morrison of the Civil Rights Division’s Employment Litigation Section and Assistant United States Attorney Ednin Martinez of the District of Nevada are handling the case.

###