The Court has resumed issuing opinions with its holding in Babcock v. Kijakazi, Acting Commissioner of Social Security. This case of statutory interpretation is of particular interest to the relatively small set of individuals who claim retirement benefits based on simultaneous service in two federal pension systems. The Court’s opinion, written by Justice Barrett, was joined by all of the other Justices, save for Justice Gorsuch, who, somewhat self-consciously, dissented.
The case concerned the retirement benefits due under the Social Security Act to David Babcock, who had retired from employment as a “military technician (dual status),” 10 U. S. C. §10216, a civilian position.
As a dual-status technician, Babcock was required to maintain membership in the National Guard. For his full-time technician’s job as a test pilot and flight 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 federal office, the Defense Finance and Accounting Service.
When Babcock retired, he applied to the Social Security Administration for benefits. However, the agency discounted Babcock’s pension payments to block his double dipping. Babcock argued that the reduction should not apply because the pension...
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