Vanderpool v. United States

OPINION

HORN, Judge.

Plaintiffs have filed claims in this court for availability pay, which is “a form of premium pay for law enforcement officers designed to provide compensation for unscheduled overtime work that the employee performs or is available to perform.” Caven v. Merit Sys. Prot. Bd., 392 F.3d 1378, 1379 (Fed.Cir. 2004).1 Plaintiffs rely on the Law Enforcement Availability Pay Act of 1994 (LEAPA), Pub.L. No. 103-329, § 633, 108 Stat. 2425 (codified as amended at 5 U.S.C. § 5545a (2000)) for jurisdiction in this court.

In response to the plaintiffs’ complaint, the government filed a…