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Alabama Power Co. v. Davis, 431 U.S. 581 (1977)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Alabama Power Co. v. Davis, 431 U.S. 581 (1977)
Alabama Power Co. v. Davis No. 76-451 Argued April 25-26, 1977 Decided June 6, 1977 431 U.S. 581
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Syllabus
Respondent, who left employment with petitioner for military service but who returned after completion of such service and continued in employment until his retirement, held entitled under § 9 of the Military Selective Service Act, which requires an employer to rehire a returning veteran without loss of seniority, to credit toward his pension under petitioner’s pension plan for his period of military service. Pp. 583-594.
(a) A benefit is a right of seniority secured to a veteran by § 9 if it would have accrued with reasonable certainty, as opposed to being subject to a significant contingency, had the veteran been continuously employed by the employer, McKinney v. Missouri-K.-T. R. Co., 357 U.S. 265; Tilton v. Missouri Pac. R. Co., 376 U.S. 169, and if it is in the nature of a reward for length of service, rather than short-term compensation for services rendered, Accardi v. Pennsylvania R. Co., 383 U.S. 225; Foster v. Dravo Corp., 420 U.S. 92. Pp. 585-589.
(b) Here, not only is the "reasonable certainty" requirement met on the basis of respondent’s work history both before and after his military service, but it also appears that the "true nature" of the pension payments is a reward for length of service, especially in view of the lengthy period (20 years or 15 years if age 50) required by the pension plan for pension rights to vest in the employee. Pp. 591-594.
(c) Moreover, respondent’s claim is supported by the functions of pension plans in assuring financial security for long-term employees and, by providing such security, in encouraging such employees to retire when their efficiency declines. P. 594.
542 F.2d 650, affirmed.
MARSHALL, J., delivered the opinion for a unanimous Court.
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Chicago: U.S. Supreme Court, "Syllabus," Alabama Power Co. v. Davis, 431 U.S. 581 (1977) in 431 U.S. 581 431 U.S. 582. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=G9V9HJRQJKWBC6Y.
MLA: U.S. Supreme Court. "Syllabus." Alabama Power Co. v. Davis, 431 U.S. 581 (1977), in 431 U.S. 581, page 431 U.S. 582. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=G9V9HJRQJKWBC6Y.
Harvard: U.S. Supreme Court, 'Syllabus' in Alabama Power Co. v. Davis, 431 U.S. 581 (1977). cited in 1977, 431 U.S. 581, pp.431 U.S. 582. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=G9V9HJRQJKWBC6Y.
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