RETIREMENT COURT FIGHT Guard General's Case Could Impact Other State Worker Retirements
Reported by: Bob Aaron
Videographer: Bob Aaron
Web Producer: Bob Aaron
Reported: May. 14, 2012 6:24 PM EDT
Updated: May. 14, 2012 6:29 PM EDT
Eyewitness News Photo
, Kanawha County
, West Virginia
A court fight is on over retirement benefits for state workers who also serve in the National Guard. Retired Major General Allen Tackett is leading the battle.
West Virginia state workers get to add up to 5 years retirement credit for war service. Military reservists get to count all federal time, but guardsmen are usually limited to overseas duty.
Tackett contends it's unfair. His case could impact other retirements. He said: " They get treated differently than we do. They're credited for everything they do. We get no credit for Title 32 (Federal Military Training) service. I don't think it was ever the intent of the legislature to discriminate against the WV National Guard. "
The retirement board's lawyer admits its unfair, but says state law drafted before being in the guard became almost a full time job limits it.
Tackett's lawyer says a federal law requiring equal benefits for reserve, guard and active duty service members should apply. A Kanawha County judge will now decide the case.
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