Babcock v. Kijakazi, 595 U.S. ___ (2022)
Social Security retirement benefits are calculated using a formula based on past earnings, 42 U.S.C. 415(a)(1)(A). Under the “windfall elimination” provision, benefits are reduced when a retiree receives a separate pension payment based on employment not subject to Social Security taxes. Pension payments exempt from the windfall reduction include those "based wholly on service as a member of a uniformed service.”
A “military technician (dual status),” 10 U.S.C. 10216, is a “civilian employee” assisting the National Guard. Such technicians are required to maintain National Guard membership and must wear uniforms while working. For their work as full-time civilian technicians, they receive civil-service pay. If hired before 1984, they receive Civil Service Retirement System pension payments. As part-time National Guard members, they receive military pay and pension payments from a different arm of the government.
The SSA applied the windfall elimination provision to the benefits calculation for Babcock, a dual-status technician. The district court and Sixth Circuit upheld that decision, declining to apply the uniformed-services exception.
The Supreme Court affirmed. Civil Service Retirement System pensions generally trigger the windfall provision. Babcock’s technician work was not service “as” a National Guard member. A condition of employment is not the same as the capacity in which one serves. The statute states: “For purposes of this section and any other provision of law,” a technician “is” a “civilian employee,” “authorized and accounted for as” a “civilian.” While working in a civilian capacity, technicians are not subject to the Uniform Code of Military Justice. They possess characteristically civilian rights concerning employment discrimination, workers’ compensation, disability benefits, and overtime work; technicians hired before 1984 are “civil service” members, entitled to pensions as civil servants. Babcock’s civil-service pension payments are not based on his National Guard service, for which he received separate military pension payments.
A retiree's civil service pension, for work as a “military technician (dual status),” triggers the Social Security windfall elimination provision, although the retiree was required to maintain National Guard membership as a condition of employment.
SUPREME COURT OF THE UNITED STATES
Syllabus
BABCOCK v. KIJAKAZI, ACTING COMMISSIONER OF SOCIAL SECURITY
certiorari to the united states court of appeals for the sixth circuit
No. 20–480. Argued October 13, 2021—Decided January 13, 2022
This case concerns retirement benefits due under the Social Security Act for a retired “military technician (dual status),” 10 U. S. C. §10216, a civilian position formerly held by David Babcock. Like all dual-status technicians, Babcock was required to maintain membership in the National Guard. For his full-time job as a technician, which included work as a test pilot and pilot instructor, Babcock received civil-service pay and Civil Service Retirement System pension payments from the Office of Personnel Management. For his separate National Guard service, which included part-time drills, training exercises, and one active-duty deployment, Babcock received military pay and military pension payments from a different arm of the Federal Government, the Defense Finance and Accounting Service. Upon retirement, Babcock applied to the Social Security Administration for benefits. The agency granted Babcock benefits but applied a statutory “windfall elimination provision” and reduced the amount of benefits to reflect Babcock’s receipt of civil-service pension payments for his work as a technician. Babcock sought reconsideration, arguing that the reduction should not apply because the pension payments at issue fell within a statutory exception for payments “based wholly on service as a member of a uniformed service.” The agency denied reconsideration, and Babcock exhausted available avenues of agency review before filing suit in federal court. The District Court upheld the agency’s decision, and the Sixth Circuit affirmed.
Held: Civil-service pension payments based on employment as a dual-status military technician are not payments based on “service as a member of a uniformed service” under 42 U. S. C. §415(a)(7)(A)(III).
Retirees receive Social Security benefits based on a progressive formula that awards a percentage of average past earnings. §415(a)(1)(A). The formula originally did not account for earnings from jobs exempt from Social Security taxes, many of which provide separate pensions. In response to this potential windfall, Congress modified the formula to reduce benefits when a retiree receives such a separate pension payment. But Congress left benefits unchanged if the pension payment was “based wholly on service as a member of a uniformed service.” §415(a)(7)(A)(III). The National Guard of the United States is defined as a uniformed service, §410(m), so whether the uniformed-services exception applies depends on whether Babcock’s technician work was service “as” a member of the National Guard.
It was not. In context, “as” is most naturally read to mean “[i]n the role, capacity, or function of.” American Heritage Dictionary 106. And the statute defines the role, capacity, or function in which a technician serves as that of a civilian: “For purposes of this section and any other provision of law,” a technician “is” a “civilian employee,” “assigned to a civilian position” and “authorized and accounted for as” a “civilian.” 10 U. S. C. §§10216(a)(1), (a)(1)(C), (a)(2). Technicians hired before 1984 like Babcock are members of the “civil service” entitled to pensions under Title 5 of the U. S. Code, which governs the pay and benefits of civil servants. See 5 U. S. C. §2101. Looking to the broader statutory context, technicians possess characteristically civilian rights to seek redress for employment discrimination and to receive workers’ compensation, disability benefits, and compensatory time off for overtime work. These provisions demonstrate that Congress consistently distinguished technician employment from National Guard service.
That distinction holds true even though Babcock also served at other times in a different capacity as a member of the National Guard. His civil-service pension payments are not based on that service, for which he received separate military pension payments that do not trigger the windfall elimination provision. And a condition of employment, such as the requirement that a technician maintain Guard membership, is not the same as the capacity in which one serves. Babcock contends that the technician job’s qualifications, duties, and dress code render it functionally indistinguishable from National Guard service, and that the Court should interpret “as” more loosely to capture payments for “service [in the likeness of or the same as] a member of a uniformed service.” But the Court finds no reason to adopt a meaning of “as” other than the most natural one, particularly when Babcock’s functional test is inconsistent with the statutory scheme. Determining whether Babcock’s employment was service “as” a member of the National Guard does not turn on factors like whether he wore his uniform to work but rather on how Congress classified the position. Congress’ civilian classification of dual-status technicians for “bookkeeping” purposes controls when it comes to pay and benefits. Pp. 4–7.
959 F.3d 210, affirmed.
Barrett, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Breyer, Alito, Sotomayor, Kagan, and Kavanaugh, JJ., joined. Gorsuch, J., filed a dissenting opinion.
JUDGMENT ISSUED. |
Adjudged to be AFFIRMED. Barrett, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Breyer, Alito, Sotomayor, Kagan, and Kavanaugh, JJ., joined. Gorsuch, J., filed a dissenting opinion. |
Letter of the Solicitor General filed. (Distributed) |
Letter of Kijakazi, Acting Comm'r of SSA submitted. |
Argued. For petitioner: Neal K. Katyal, Washington, D. C. For respondent: Nicole Reaves, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
Reply of David Babcock submitted. |
Reply of petitioner David Babcock filed. (Distributed) |
Application (21A17) granted by Justice Kavanaugh extending the time to file the reply brief on the merits until September 8, 2021. |
Application (21A17) to extend the time to file a reply brief from August 25, 2021 to September 8, 2021, submitted to Justice Kavanaugh. |
Application (21A17) to extend the time to file the reply brief on the merits from August 25, 2021 to September 8, 2021, submitted to Justice Kavanaugh. |
CIRCULATED |
Motion of David Babcock for an extension of time submitted. |
Motion of David Babcock for an extension of time not accepted for filing. (August 06, 2021) |
Record requested from the U.S.C.A. 6th Circuit. |
Record received from the U.S.C.A. 6th Circuit has been electronically filed. |
Brief of respondent Kijakazi, Acting Comm'r of SSA filed. |
Brief of Kijakazi, Acting Comm'r of SSA submitted. |
ARGUMENT SET FOR Wednesday, October 13, 2021. |
Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
Amicus brief of National Veterans Legal Services Program, Reserve Organization of America, and Enlisted Association of the National Guard of the United States submitted. |
Brief amici curiae of National Veterans Legal Services Program, et al. filed. |
Brief of petitioner David Babcock filed. |
Brief of David Babcock submitted. |
Motion of David Babcock to dispense with joint appendix submitted. |
Motion to dispense with printing the joint appendix filed by petitioner David Babcock. |
Petition for a writ of certiorari of David Babcock submitted. |
Reply of David Babcock submitted. |
Joint motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 20, 2021. The time to file respondent's brief on the merits is extended to and including July 26, 2021. |
Joint motion for an extension of time to file the briefs on the merits filed. |
As Rule 34.6 provides, “If the Court schedules briefing and oral argument in a case that was governed by Federal Rule of Civil Procedure 5.2(c) or Federal Rule of Criminal Procedure 49.1(c), the parties shall submit electronic versions of all prior and subsequent filings with this Court in the case, subject to [applicable] redaction rules.” Subsequent party and amicus filings in the case should now be submitted through the Court’s electronic filing system, with any necessary redactions. |
Petition GRANTED. |
DISTRIBUTED for Conference of 2/26/2021. |
DISTRIBUTED for Conference of 2/19/2021. |
Reply of petitioner David Babcock filed. (Distributed) |
Reply of petitioner David Babcock filed. (Distributed) |
Brief of respondent Andrew M. Saul, Commissioner of Social Security in opposition filed. |
Brief of respondent Andrew M. Saul, Commissioner of Social Security in opposition filed. |
Motion to extend the time to file a response is granted and the time is further extended to and including January 13, 2021. |
Motion to extend the time to file a response from December 14, 2020 to January 13, 2021, submitted to The Clerk. |
Motion to extend the time to file a response is granted and the time is extended to and including December 14, 2020. |
Motion to extend the time to file a response from November 13, 2020 to December 14, 2020, submitted to The Clerk. |
Petition for a writ of certiorari filed. (Response due November 13, 2020) |
Pursuant to Rule 34.6 and Paragraph 9 of the Guidelines for the Submission of Documents to the Supreme Court's Electronic Filing System, filings in this case should be submitted in paper form only, and should not be submitted through the Court's electronic filing system. |
Petition for a writ of certiorari filed. (Response due November 13, 2020) |