The Uniformed Services Employment and Reemployment Rights Act (USERRA), prohibits discrimination against persons because of their service in the Armed Forces Reserve, the National Guard, or other uniformed services. USERRA prohibits an employer from denying any benefit of employment on the basis of an individual’s membership, application for membership, performance of service, application for service, or obligation for service in the uniformed services. USERRA also protects the right of veterans, reservists, National Guard members, and certain other members of the uniformed services to reclaim their civilian employment after being absent due to military service or training.
This Plan complies with USERRA. Therefore, if you, as an eligible employee, go into active military service for up to 30 days, coverage continues for you and your eligible dependents during the period of that leave.
If you go into active military service for more than 30 days, you may be able to continue coverage for yourself and your dependents through COBRA for up to 24 months.
Any period of leave of absence under the provisions of USERRA will not be counted as a break-in-coverage. Questions regarding your entitlement to leave under USERRA and Continuation Coverage should be referred to the Fund Office.
In order to have coverage reinstated by the Plan after active military service, you must apply for reinstatement in accordance USERRA. If your period of service was less than 31 days, you must report to your employer for reemployment by the first day of the first full regularly scheduled work period and the expiration of eight hours after a period allowing for your safe transportation from the place of service to your residence.
If your period of service in the uniformed services was for 31 days or more but less than 181 days, you must submit an application for reemployment not later than 14 days after the completion of your period of service.
If your period of service was for more than 180 days, you must submit your application for reemployment with your employer within 90 days of release of service.
If you have been hospitalized, or are convalescing from an illness or injury incurred or aggravated during your tour of duty in the uniformed services, you have until your recovery from that illness or injury to submit an application for reemployment. However, that period of recovery may not exceed two years.
If you have questions about your entitlement to reinstatement of coverage after active military service, contact the Fund Office at (301) 731-1050 or at 1-800-929-3983 or via email.
If you enter qualified military service, as defined in the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), you will not incur a break-in-service. Your time spent in qualified military service will count toward service under the Plan, provided you meet the requirements of USERRA, including, but not limited to:
Military service will be considered service with an employer for purposes of: (a) determining the non-forfeitability of the participant’s accrued benefits under the Plan, and (b) determining the accrual of benefits under the Plan. The term “qualifed military service” means voluntary or involuntary performance of active duty, active duty for training, initial active duty for training, inactive duty training, full-time National Guard duty, absences due to examination for determination of fitness, or funeral honors duty.
If you are involuntarily called into military service (i.e., drafted), you may also receive Vesting Service and Benefit Units for your time served. Contact the Fund Office via email or during normal business hours at (301) 731-1050.
If you leave covered employment to enter qualified military service and then return to covered employment, your employer may be required to make additional contributions to your Individual Account, provided you meet the requirements of the USERRA. For more information about this, contac the Fund Office via email or during normal business hours at (301) 731-1050.