The Department of Labor (DOL) announced that it has published draft regulations that interpret the Uniformed Services Employment and Reemployment Act of 1994 (USERRA). The regulations are in Question and Answer format. Here is a list of the Q & A’s pertaining to benefits:
Health Plan Coverage1002.163 What types of health plans are covered by USERRA?
1002.164 What health plan coverage must my employer provide to me under USERRA?
1002.165 How do I elect continuing health plan coverage?
1002.166 How much do I have to pay in order to continue my health plan coverage?
1002.167 If my coverage was terminated at the beginning of or during my service, does my coverage have to be reinstated upon my reemployment?
1002.168 Can I elect to delay reinstatement of my health plan coverage until a date after the date I am reemployed?
1002.169 Which employer is responsible for providing me with continuing health plan coverage if I am enrolled under a multiemployer plan?Pension Plan Benefits
1002.259 How does USERRA protect my pension benefits?
1002.260 What pension benefit plans are covered under USERRA?
1002.261 Who is responsible for funding any plan obligation to provide me with pension benefits?
1002.262 When is my employer required to make the plan contribution that is attributable to my period of military service?
1002.263 Am I required to pay interest when I make up my missed contributions or elective deferrals?
1002.264 Am I allowed to repay my account balance if I withdrew all or part of my account from the pension benefits plan before becoming reemployed?
1002.265 If I am reemployed with my pre-service employer is my pension benefit the same as if I had remained continuously employed?
1002.266 What are the obligations of a multiemployer pension benefit plan under USERRA?
1002.267 How is my compensation during my period of service calculated in order to determine my pension benefits, if my benefits are based on my compensation rate?
The release notes that “more than 420,000 citizen-soldiers have been mobilized since 9/11.” According to the release, the action by the Department represents the “first time regulations have been developed to help enforce USERRA since passage of the law in 1994” and constitutes “the latest in a series of proactive steps the department has taken to ensure job security for the largest group of mobilized National Guard and Reserve service members since World War II.” The release quotes Secretary of Labor Elaine Chao as follows:
“This is a major step in ensuring that the brave men and women who are risking their lives to preserve freedom and democracy have their jobs and benefits protected when they return home,” said Secretary of Labor Elaine L. Chao. “These regulations will spell out the rights of our returning service men and women and the responsibilities of employers to honor their service. This Administration will back up these first— time—ever USERRA regulations with aggressive outreach and enforcement.”