Federal Circuit: Cadet Service Cannot Help Satisfy Five-Year FERS Service Requirement

A political appointee retired from federal service after almost four years of civilian service, relying on advice from a human resources official that he could “buy back” time spent as a cadet at West Point and credit it towards the five years of civilian service required to qualify for a FERS retirement annuity. When OPM found that he was ineligible for an annuity, he appealed to the Merit Systems Protection Board, which affirmed OPM’s decision. The employee appealed. On October 2, 2019, the United States Court of Appeals for the Federal Circuit affirmed the Board’s decision.

Posted in Case Law Update

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Second Circuit: Plausible FTCA Claim Made Where Immigration Detainer Was Imposed without Probable Cause

On September 27, 2013, Luis Hernandez, a U.S. citizen, was arrested and charged with public lewdness, a misdemeanor. While he was being processed in the New York City criminal court system, U.S. Department of Homeland Security (DHS) Officer W. Outlaw lodged an immigration detainer against him, incorrectly asserting that Hernandez was the subject of an order of removal. The detainer identified Hernandez as an “alien” named “Luis Enrique Hernandez-Martinez” with a nationality of “Honduras.” The detainer requested the city’s department of corrections maintain custody of Hernandez, and the city complied.

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This Week on FEDtalk

Sorting Through Cybersecurity Part 2: An Internal Agency Perspective

Tune in to FEDtalk this week for a discussion on Cybersecurity Awareness Month. A few weeks ago we heard from industry leaders about top cybersecurity concerns. This week, the individuals leading efforts to combat cyber threats in government will join us to discuss their work.

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Hear it from FLEOA

FLEOA Elects New National Officers at Bi-Annual Conference

Last week, the Federal Law Enforcement Officers Association elected the following National Officers at the 25th National Conference held in College Park, Maryland:

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