Raymond J. and Jacquelyn M. Byrne - Page 8




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               The Judges’ Retirement Law is not a workers’ compensation              
          act, and it is not in its entirety a statute in the nature of a             
          workers’ compensation act.  Nevertheless, benefits received under           
          the Judges’ Retirement Law may still qualify for exclusion if it            
          is a “dual-purpose statute”, as petitioners argue.  See Neill v.            
          Commissioner, 17 T.C. 1015 (1951); Burgess v. Commissioner, T.C.            
          Memo. 1986-228, affd. without published opinion 822 F.2d 61 (9th            
          Cir. 1987); Craft v. United States, 879 F. Supp. 925 (S.D. Ind.             
          1995); Frye v. United States, 72 F. Supp. 405 (D.D.C. 1947).  “A            
          dual-purpose statute is one which authorizes payments for work-             
          related, as well as non-work-related disabilities and may provide           
          other pension benefits.”  Kane v. United States, 28 Fed. Cl. 10,            
          13 (1993), affd. 43 F.3d 1446 (Fed. Cir. 1994).  To qualify as a            
          dual-purpose statute, the statute must contain some specific                
          provision which restricts the payment of benefits to cases of               
          work-related disabilities.  Id. at 14; see also Rutter v.                   
          Commissioner, supra at 468.                                                 
               Petitioners argue that the Judges’ Retirement Law is a dual-           
          purpose statute because CGC section 75061(a) “has one provision             
          that provides for retirement based solely on injury or sickness             
          arising out of employment, and also one provision providing for             
          retirement based on years of service.”  Respondent contends that            
          CGC section 75060 makes no distinction between injuries which are           
          work related and injuries which are not work related and that CGC           
          section 75061 modifies CGC section 75060 but does not add any new           




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