Nicole Rena McCrea v. District of Columbia Police & Firefighter's Retirement and Relief Board
AdministrativeLaw DueProcess Takings JusticiabilityDoctri
Are the provisions of the United States Constitution, Amendment 5, Due Process Clause, compelled and/or implied as pertains to the expressed statutory guidelines within the Police and Firefighters Retirement and Disability Act (PFRDA), a state law governing disability and disability provisions of the District of Columbia Police, Firefighters and Capitol Police, as concerns the property interest in the calculation and/or adjustment of the Petitioner's annuity; the Petitioner's property interest in a disability review for recovery back to reemployment; the Petitioner's property interest in the ability to be employed in any profession; the Petitioner's property right protected by the Takings Clause?
QUESTION(S) PRESENTED 1, Are the provisions of the United States Constitution, Amendment 5, Due Process Clause, compelled and/or implied as pertains to the expressed statutory guidelines within the . Police and Firefighters Retirement and Disability Act (“(PFRDA”), a state law governing disability and disability provisions of the District of Columbia Police, Firefighters and Capitol Police, as concerns the property interest in the calculation and/or adjustment of the Petitioner’s annuity; the Petitioner’s property interest in a disability review for recovery back to reemployment; the Petitioner’s property interest in the ability to be employed in any profession; the Petitioner’s property right protected by the Takings Clause? 2. Is the Petitioner’s challenge to the Constitutionality of the Board’s actions a contested case subject to the provisions of the United States Constitution, Amendment 5, Due Process Clause, a hearing to refute charges and/or clear her name? ii