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No. 20-480October Term 2020Decided Jan 13, 2022

Docket 20-480October Term 2020 (2020–2021)

Babcock v. Kijakazi

The case asked whether a retired National Guard dual-status technician’s civil-service pension should be treated as a pension based entirely on military service, which would prevent the Social Security Administration from reducing his benefits under the windfall elimination provision.

Case status

Current stage
Decided
Latest event
Decision released Jan 13, 2022
Case Accepted
Arguments
Decision ReleasedJan 13, 2022
What it's about

The case asked whether a retired National Guard dual-status technician’s civil-service pension should be treated as a pension based entirely on military service, which would prevent the Social Security Administration from reducing his benefits under the windfall elimination provision. The Supreme Court held that this kind of pension is based on civilian employment, not wholly on service as a member of a uniformed service.

Question presented

Is a civil-service pension payment based on dual-status military technician service to the National Guard a payment based wholly on service as a member of a uniformed service?

Case path

United States Court of Appeals for the Sixth Circuit / Decision released Jan 13, 2022

Area

Decided Supreme Court case

Timing

Decided January 13, 2022

The Court released its decision on January 13, 2022 without hearing oral argument.