ALEXANDER V. FIOTO, 430 U. S. 634 (1977)

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U.S. Supreme Court

Alexander v. Fioto, 430 U.S. 634 (1977)

Alexander v. Fioto

No. 75-1704

Argued March 1, 1977

Decided April 4, 1977

430 U.S. 634


Although he met the other requirements for eligibility, appellee was denied retirement pay for his service in the National Guard on the basis of 10 U.S.C. § 1331(c). That section provides that persons who had been in the Reserves or National Guard before the termination of World War II are not "eligible for retired pay" unless they served on active duty during wartime.


1. Both the plain language of § 1331(c) and its legislative history demonstrate that Congress intended to deny benefits to those with pre-World War II service who did not also serve in wartime. Pp. 430 U. S. 636-639.

2. Congress authorized retirement pay as an inducement to continued service in order to maintain a cadre of trained soldiers for use on active duty should the need arise; Congress had the constitutional power to decide not to offer the inducement to reservists less likely to perform such duty than others. Pp. 430 U. S. 636-640.

409 F.Supp. 831, reversed.

STEVENS, J., delivered the opinion of the Court, in which all Members joined, except REHNQUIST, J., who took no part in the consideration or decision of the case. chanrobles.com-red

Page 430 U. S. 635


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