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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- BARKER et al. v. KANSAS et al.
- certiorari to the supreme court of kansas
- No. 91-611. Argued March 3, 1992-Decided April 21, 1992
-
- Title 4 U.S.C. 111 authorizes the States to tax federal employees'
- compensation if the taxation does not discriminate against the
- employees because of the compensation's source. After Davis v.
- Michigan Dept. of Treasury, 489 U.S. 803, invalidated, under 111
- and the doctrine of intergovernmental tax immunity, the Michigan
- income tax imposed on the benefits of federal, but not state and local,
- civil service retirees, petitioners filed suit in a Kansas state court
- challenging that State's imposition of an income tax on federal
- military retirement benefits but not on the benefits received by
- retired state and local government employees. In affirming the trial
- court's grant of summary judgment for the state defendants, the
- State Supreme Court concluded that military retirement benefits
- constitute reduced pay for reduced current services, in contrast to the
- deferred compensation for past services embodied in state and local
- government retirement benefits, and that this ``significant differ-
- enc[e]'' justified the State's differential treatment of the two classes
- of retirees under Davis, supra, at 816.
- Held:The Kansas tax on military retirees is inconsistent with 111.
- The State Supreme Court's conclusion that, for purposes of state
- taxation, military retirement benefits may be characterized as current
- compensation for reduced current services does not survive analysis
- on several bases. First, there are no ``significant differences'' between
- military retirees and state and local government retirees in terms of
- calculating retirement benefits. The amount of retired pay a service
- member receives is computed not on the basis of the continuing
- duties he actually performs, but on the basis of years served on
- active duty and the rank obtained prior to retirement. Military
- benefits thus are determined in a manner very similar to that of the
- Kansas Public Employee Retirement System. Second, this Court's
- precedents discussing military retirement pay provide no support for
- the state court's holding. The statement in United States v. Tyler,
- 105 U.S. 244, 245, that such pay is effectively indistinguishable from
- current compensation at a reduced rate was made in the context of
- the particular holding of that case, and cannot be taken as establish-
- ing that retirement benefits are for all purposes the equivalent of
- current compensation for reduced current services. And, although
- McCarty v. McCarty, 453 U.S. 210, 222, referred to Tyler, it did not
- expressly approve Tyler's description of military retirement pay, but
- specifically reserved the question whether federal law prohibits a
- State from characterizing such pay as deferred compensation and
- urged the States to tread with caution in this area. Third, an
- examination of other federal statutes treating military retirement pay
- indicates that Congress for many purposes does not consider such pay
- to be current compensation for reduced current services. See, e. g.,
- 10 U.S.C. 1408(c)(1); 26 U.S.C. 219(f)(1). Thus, military
- retirement benefits, like the benefits paid to Kansas government
- retirees, are to be considered deferred pay for past services for
- purposes of 111. Pp.3-10.
- 249 Kan. 186, 815 P.2d 46, reversed and remanded.
-
- White, J., delivered the opinion for a unanimous Court. Stevens,
- J., filed a concurring opinion, in which Thomas, J., joined.
-