Guam and the Guam Retirement Fund are facing a lawsuit from the United States government for allegedly denying servicemembers proper pension credits during their military service.
The Justice Department announced that it has filed a suit against Guam and the Guam Retirement Fund alleging that they violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) when they refused to properly provide pension credit to servicemembers who used leave from Guam’s leave-sharing program while on active military duty.
According to the lawsuit, Guam and the Guam Retirement Fund shorted the retirement benefits and pension annuities of at least five servicemembers and potentially many more.
USERRA is a federal statute that protects the civilian employment rights of individuals who serve in the armed forces. Among its protections, USERRA requires employers to treat an employee’s time in military service as service with the employer when determining pension benefits.
The lawsuit contends that Guam and the Guam Retirement Fund failed to do so when they denied pension credit to servicemembers who used donated leave from Guam’s employee leave bank while on military duty.
Assistant Attorney General Kristen Clarke stated, “This complaint reinforces that the Justice Department will continue to vigorously enforce the protections provided by federal law to those who serve in our country’s armed forces at great personal cost.”
U.S. Attorney Shawn N. Anderson added, “These servicemembers were called to active duty and they served honorably. Their many sacrifices should not include the loss of their civilian retirement benefits. Our office will continue to work hard to protect the employment rights of those who have served to protect all of us.”
The United States’ lawsuit asks the court to order defendants to stop denying servicemembers proper pension credit, identify all current and former employers who have been harmed by defendants’ discriminatory practice, and properly credit those employees’ retirement funds or adjust their current pension benefits.
Defendant:
Guam and the Guam Retirement Fund
Criminal Charges:
Denial of Pension Benefits in Violation of USERRA
City and State:
Hagåtña, Guam
Exact Date:
March 21, 2024
Sentence or Outcome:
Currently pending court action
Dollar Amounts:
None reported
Related Federal Cases
Key Facts
- State: Federal
- Category: White Collar Crime
- Source: DOJ Press Release â†â€â€
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