The Uniformed Services Employment and Reemployment Rights Act of 1994 ("USERRA") protects the reemployment rights and benefits of civilian employees who enter the military" for a brief, non-recurrent period and have no expectation of significant continuing military service." This protection extends to employees who perform uniformed military service on a voluntary or involuntary basis for a cumulative period of service of five (5) years or less. "Uniformed military service" includes: active duty, active duty for training, initial active duty, full-time National Guard duty, and a period during which a person is absent from work for the purpose of examination to determine his or her fitness for military service. When you are away from covered employment due to uniformed military service covered by this law and return timely to work for a contributing employer, your Plan benefits will be protected as follows:
- No forfeiture of benefits already accrued is allowed, and
- There is no need to re-qualify for participation in the Plan due to absence for military service.
If you will be entering military service, you must notify the Plan Administrator by providing a copy of your deployment to the Fund Office before you enter military service.
When you return from military service, you must notify the Plan Administrator. You will forfeit any protected Plan benefits unless you return to work within certain time limits:
- If the length of your military service was less than 31 days, you must return to work the next work day following discharge (with an 8 hour rest period);
- If the length of your military service was more than 30 days but less than 181 days, you must return to work within 14 days of discharge; or
- If the length of your military service was more than 180 days but not more than 5 years, you must return to work within 90 days of discharge.
Within 14 days after returning to work, you must furnish the Fund Office with copies of your discharge papers showing the date of induction, date of discharge or termination of duty.