Noteboom The Law Firm

Retired VA Nurses Suing Office of Personnel Management

January 6, 2011 - Five part-time, now retired, government nurses filed a class-action lawsuit against the Office of Personnel Management (OPM) in federal court. The nurses' lawsuit claims they are owed money for years of service to the Department of Veterans Affairs (VA). The nurses further allege the OPM will not accurately compute owed benefits for former VA nurses unless and until they retain legal counsel.

The lawsuit centers on an agreement made 60 years ago between the VA and part-time nurses. According to the lawsuit, the VA began a program in the 1950's in which part-time nurses were given credit on their pensions as if they were full-time employees. At the time, the VA was hiring part-time nurses who would agree to work abnormal and erratic schedules in order to allow VA hospitals nationwide to sustain full nursing staffs.

When the nurses retired and attempted to collect their pensions, they were shocked to learn they were not given what they were owed. Their subsequent lawsuit claims the OPM would not pay the nurses their pensions for those years in which they only worked part-time.

In 2008, 160 retired VA nurses filed a claim under similar circumstances. A federal administrative law judge found in their favor and the OPM reevaluated not only their pension benefits, but another group of 215 retired VA nurses who had retained legal counsel. They have not, however, made any effort to work towards distinguishing the pension benefits for any of the other retired VA nurses.

Further, the lawsuit alleges the OPM has completely disregarded claims filed by retired nurses who have not retained lawyers. The nurses are asking the court to force the OPM to reevaluate their benefits and grant them the pensions they earned.