Case Law Update Michael J. Sgarlat Case Law Update Michael J. Sgarlat

Third Circuit: Federal Civilian Dual Status Technicians Not Covered under the Uniformed Services Exception to Reduced Social Security Benefits

Floyd Douglas Newton worked as a National Guard dual status technician from 1980 until 2013. A dual status military technician is a federal civilian position supporting the Selected Reserve or armed forces. Though civilians, dual status technicians are required to maintain National Guard membership, hold a particular military grade, and wear appropriate military uniform, among other requirements.

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Payroll Tax Deferral Program Leaves Federal Employees Seeking Answers

The White House recently announced an executive order that authorizes employers to defer the Social Security payroll tax from September 1, 2020 through the end of the year for employees who make less than $3,999 per biweekly pay period, known as a payroll tax deferral. This new order has left many agencies and employees with various questions like whether employees can opt-in or out of the program and what happens to federal employees who leave their agencies before or during the window of repayment.

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