Stroup v. Barnhart

327 F.3d 1258 (2003)

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Stroup v. Barnhart

United States Court of Appeals for the Eleventh Circuit
327 F.3d 1258 (2003)

  • Written by Liz Nakamura, JD

Facts

Ralph Stroup (plaintiff) worked for the Kokomo, Indiana Police Department (KPD) and met all requirements for KPD pension benefits as of December 31, 1985, following 20 years of service. The KPD was a noncovered local government employer exempt from social security taxes. Stroup retired from the KPD in 1988, then continued working elsewhere for a covered employer until 1998. In 1996, Stroup was approved for social security disability benefits. The Social Security Administration determined that the windfall-elimination provision (WEP) applied to Stroup and reduced his social security benefits to account for his years of noncovered employment with KPD and his noncovered KPD pension. WEP applied to all persons who became eligible to receive a noncovered pension on or after January 1, 1986. Stroup appealed, arguing that WEP should not apply because he became eligible for the noncovered KPD pension on December 31, 1985. The administrative-law judge affirmed WEP’s applicability, holding that Stroup’s first day of pension eligibility was January 1, 1986, not December 31, 1985. Stroup appealed to federal district court. The district court affirmed, and Stroup appealed to the Eleventh Circuit.

Rule of Law

Issue

Holding and Reasoning (Cudahy, J.)

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