Oral Arguments, with Context

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Mummert v. Department of the Army — Fed. Cir. (argued September 8, 2026)

No. 25-1251 Argued September 8, 2026 Published September 9, 2026

The Federal Circuit considers whether Lester Mummert's 22 years as an Army criminal investigator qualify for special law-enforcement retirement under the Federal Employees Retirement System, or FERS. The Merit Systems Protection Board said no, though the Army had treated his position as covered for more than two decades. The test asks whether his primary duties were federal law enforcement and whether the position was reserved for young and physically vigorous employees. Mummert says arrests, raids, and physical confrontations made the job rigorous. The Army points to the lack of ongoing fitness, age, or 24-hour on-call requirements. After this argument, the court affirmed the Board without a written opinion under Rule 36.

Mummert v. Department of the Army (No. 25-1251) — U.S. Court of Appeals for the Federal Circuit, argued September 8, 2026.

Sources
Argument audio — U.S. Court of Appeals for the Federal Circuit (public domain, 17 U.S.C. § 105):https://www.cafc.uscourts.gov/oral-arguments/25-1251_09082026.mp3
Argument listing — U.S. Court of Appeals for the Federal Circuit:https://www.cafc.uscourts.gov/home/oral-argument/listen-to-oral-arguments/
Argument calendar and counsel — U.S. Court of Appeals for the Federal Circuit:https://www.cafc.uscourts.gov/wp-content/uploads/OralArguments/PublicCalendar-September2026.pdf
Klipp v. Department of Homeland Security — U.S. Court of Appeals for the Federal Circuit:https://www.cafc.uscourts.gov/opinions-orders/21-1386.OPINION.5-19-2022_1953820.pdf
5 C.F.R. § 842.802 — Electronic Code of Federal Regulations:https://www.ecfr.gov/current/title-5/chapter-I/subchapter-B/part-842/subpart-H/section-842.802
FERS special retirement provisions — U.S. Office of Personnel Management:https://www.opm.gov/retirement-center/benefits-officers-center/fers-election-options/
Lawrence Berger — Mahon & Berger:https://www.bergerdeplas.com/about

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