Robert DeLee is a Plymouth, Indiana police officer who is also a reserve officer in the Air Force. DeLee was called up for eight months’ active-duty deployment from September 1, 2010 to May 11, 2011.
The City pays longevity premiums to officers with at least three years of service. At the time of his reserve service, DeLee had worked for the City for 12 years, and was entitled to receive a lump-sum longevity payment of $2,250.00.
The City has an ordinance requiring that longevity pay must be prorated if an employee “is on a leave of absence or who is otherwise not engaged in the active performance of the normal and customary duty of the police department.” When the City prorated his longevity pay, DeLee sued, contending that the City’s ordinance violated the Uniformed Services Employment and Reemployment Rights Act, or USERRA.
DeLee v. City of Plymouth, Indiana, 2014 WL 1316870 (N.D. Ind. 2014).