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RIGGIN v. OFFICE OF SENATE FAIR EMPLOYMENT PRACTICES

No. 94-6004.

61 F.3d 1563 (1995)

Kenneth D. RIGGIN, Charles Farmer, Nicholas Garito, Sr., Edmund Goddard, William Hummer, James Kennedy, Fredrick Schafer, James Snyder, Thomas Williams, and Robert F. Ansell, Petitioners, v. OFFICE OF SENATE FAIR EMPLOYMENT PRACTICES, Respondent, and Office of the Senate Sergeant At Arms, Intervenor.

United States Court of Appeals, Federal Circuit.

July 31, 1995.

Attorney(s) appearing for the Case

Donald R. Dinan, O'Connor & Hannan, Washington, DC, argued for petitioners. With him on the brief was James Fairbairn.

Claire M. Sylvia, Asst. Senate Legal Counsel, Washington, DC, argued for respondent. With her on the brief were Michael Davidson, Senate Legal Counsel, Ken U. Benjamin Jr., Deputy Senate Legal Counsel and Morgan J. Frankel, Asst. Senate Legal Counsel.

Timothy W. Milett, Senate Asst. Counsel for Employment, Office of the Senate Sergeant At Arms, Washington, DC, argued for intervenor. With him on the brief were Jean M. Manning, Senate Chief Counsel for Employment and Roy A. Sheetz, Senate Asst. Counsel for Employment.

Before PLAGER, CLEVENGER, and BRYSON, Circuit Judges.

BRYSON, Circuit Judge.

Ten former members of the United States Capitol Police challenge the statutory provision requiring that Capitol Police officers retire upon reaching age 55. A hearing board of the Office of Senate Fair Employment Practices held that the statute in question was validly applied to the petitioners, and the Senate Select Committee on Ethics agreed. We affirm.

I

The Capitol Police Retirement Act (CPRA), as enacted in 1990, required...

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