Cite as: 503 U. S. 594 (1992)
Syllabus
tary 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. 597-605.
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, post, p. 605.
Kevin M. Fowler argued the cause for petitioners. With him on the brief were Kenton C. Granger, Raymond L. Dahlberg, Angela K. Green, Roger M. Theis, John C. Frieden, and Terence A. Lober.
John F. Manning argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Starr, Assistant Attorney General Peterson, Deputy Solicitor General Wallace, and David English Carmack.
James A. D. Bartle argued the cause for respondents. With him on the brief were Mark A. Burghart and Michael M. Rehm.*
*Eugene O. Duffy filed a brief for the Retired Officers Association as amicus curiae urging reversal.
Briefs of amici curiae urging affirmance were filed for the State of Arizona et al. by Mary Sue Terry, Attorney General of Virginia, H. Lane Kneedler, Chief Deputy Attorney General, and Gail Starling Marshall, Deputy Attorney General, Peter W. Low, and by the Attorneys General for their respective States as follows: Grant Woods of Arizona, Winston Bryant of Arkansas, Michael J. Bowers of Georgia, Bonnie J. Campbell of Iowa, Marc Racicot of Montana, Susan B. Loving of Oklahoma, Paul Van Dam of Utah, and James E. Doyle of Wisconsin; and for the National Conference of State Legislatures et al. by Richard Ruda and Michael G. Dzialo.
595
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