"USERRA: A Guide to the Uniformed Services Employment and Reemployment Rights Act." What are my obligations to make pension contributions for an employee who has missed contributions during military-related absence? This document is intended only to provide guidance to the public regarding existing requirements under the law or agency policies. How should pension contributions be calculated for the three-year absence? 9. 200 Constitution Avenue NW 38 U.S.C. USERRA protects civilian job rights and benefits for veterans and members of Reserve components. 1. For the previous eight months, the service member has worked for 80 hours per month. 38 U.S.C. The service member goes out on orders for one month. For additional information, visit our Veterans’ Employment & Training Service USERRA Website:  I maintain a contributory pension plan.  Employers are required to provide notice of the rights and benefits provided under USERRA  Employers should have a policy or section in their Employee Handbook offering guidance regarding Military Leave requests What are the potential penalties? .manual-search ul.usa-list li {max-width:100%;} Employers are not required to make pension contributions until the service member­ employee returns to work. Before sharing sensitive information, make sure you’re on a federal government site. Accessed May 13, 2020. When must I make pension contributions attributable to the employee's military­ related absence? The service member, who receives pension contributions based on a percentage of compensation earned, is guaranteed to be paid for 75 hours per month. Had the service member been continuously employed, it appears reasonably certain that he would have worked 80 hours per month, as he has done the previous eight months. Important USERRA-related resources and compliance assistance materials for employees and employers are available through the Veterans’ Employment and Training Service website. is the federal law that establishes rights and responsibilities for members of the Guard and Reserve and their civilian employers. USERRA covers any plan, other than the federal government's Thrift Savings Plan, that provides retirement income to employees or that defers payment of income to employees until after employment has ended. #block-googletagmanagerfooter .field { padding-bottom:0 !important; } Some of USERRA's basic requirements include (but are not limited to): Establishes the cumulative length of time that an individual may be absent from work for military duty and retain reemployment rights to five years. If the promotion would have occurred after the service member was deployed for one year, then there should be pension contributions at the pre-service rate for 80 hours a month for the first year and contributions at the promoted rate for 80 hours a month for years two and three. How should pension contributions be calculated for the one-month absence? It covers employees—including part-time and probationary employees—but it doesn’t cover independent contractors, freelancers, or other non-employees who do work for your business. USERRA covers any plan, other than the federal government's Thrift Savings Plan, that provides retirement income to employees or that defers payment of income to employees until after employment has ended. USERRA covers employment, reemploy-ment and retention rights when employees serve in the uniformed Services. #views-exposed-form-manual-cloud-search-manual-cloud-search-results .form-actions{display:block;flex:1;} #tfa-entry-form .form-actions {justify-content:flex-start;} #node-agency-pages-layout-builder-form .form-actions {display:block;} #tfa-entry-form input {height:55px;} Federal government websites often end in .gov or .mil. § 1002.259. div#block-eoguidanceviewheader .dol-alerts p {padding: 0;margin: 0;} 10. Accessed May 13, 2020. The service member goes out on orders for one month. The site is secure. Each week, the service member's commission is different. The Uniformed Services Employment and Reemployment Rights Act (USERRA) clarifies and strengthens the Veterans' Reemployment Rights (VRR) Statute. 38 U.S.C. My employee was absent from work due to military service and has now returned to work. The service member has been working at the place of employment for six years but returned from a one year deployment six months ago. How should pension contributions be calculated for the two-week absence? "E Laws USERRA Advisor – Pay and Raises." The service member's hours during the six weeks of employment prior to military-related absence have been variable, therefore, her rate of pay has been variable. Therefore, employers are required to determine a reemployed service member's eligibility for participation in a pension plan and the vesting and accrual of the service member's pension benefits as if the service member had not left for military service. Although every attempt at accuracy is made, it cannot be guaranteed. Additionally, if the service member was scheduled to work 40 hours per week, but the number of hours worked varied each week, then the rate of pay the service member would have received if not for the period of service is not reasonably certain. For employer contributions to a plan in which employees are not required or permitted to contribute, the employer must make the contribution attributable to the reemployed service member’s military-related absence no later than ninety days after the date of reemployment, or when plan contributions are normally due for the year in which the military service was performed, whichever is later. .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} .h1 {font-family:'Merriweather';font-weight:700;} USERRA protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service, which includes the Armed Forces (active and reserve), the National Guard, the Public Health Service, and certain types of service in the National Disaster Medical System. The service member receives orders for a two-week deployment. The service member consistently works 40 hours per week but earns commission based on sales, and the commission earned each week varies. Uniformed Services Employment and Reemployment Rights Act (USERRA), USERRA - Uniformed Services Employment and Reemployment Rights Act, Severe Storm and Flood Recovery Assistance. Therefore, after reemployment, the service member's pension contributions should be calculated based on working 80 hours per month. "VETS USERRA Fact Sheet 3." You may be asked to participate in an informal session with an ombudsman. )2 Update on Sam Wright 1.3.1.2—Character and duration of service 1.3.2.2—Continuous accumulation of seniority-escalator principle The Veterans’ Employment and Training Service of the United States Department of Labor § 1002.191. Accessed May 13, 2020. Then, you must promptly reemploy the person in a specific priority order based on their previous position and qualifications.. ]]>*/, Veterans' Employment and Training Service. The service member goes out on orders for three years. The Balance Small Business uses cookies to provide you with a great user experience. What period of an employee's military-related absence must I treat as continuous employment for purposes of determining pension benefits? 6. USERRA also makes major improvements in protecting service member rights and benefits by clarifying the law, improving enforcement mechanisms, and … 38 U.S.C. § 1002.260. The service member, who receives pension contributions based on a percentage of compensation earned, works 40 hours per week and earns base pay plus commission based on sales. The service member is absent from work for one month due to military service. The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the employment rights of individuals who must be voluntarily or involuntarily absent from their civilian employment positions to serve in the U.S. military. The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) is the Federal law that establishes rights and responsibilities for members of the National Guard and Reserve and their civilian employers. After reemployment, pension contributions for the two-year absence should be calculated based on the average of the service member's compensation earned in the previous 12-month period. USERRA requires employers to provide reemployed servicemembers with pension benefits under covered plans (including 401 (k) plans) as if the servicemember had not left for military service. 75,246, 75,280 (Dec. 19, 2005); see also 20 C.F.R. 70 Fed. Washington, DC 20210 Chapter 43* 5 CFR 353* You may have heard that if an employee asks for leave for military service, you must “hold their job” for them when they return. The number of hours the service member works each week is variable, therefore, the service member's rate of pay is variable, and the amount of compensation the service member would have received if not for her military-related absence is not reasonably certain. § 1002.262(a). Therefore, for pension purposes, a reemployed service member's rate of compensation for a period of military-related absence should be based on 40 hours per week, right? The Fact Sheet also includes a toll-free information and … How should pension contributions be calculated for the one-month absence? § 4318(a)(2). A determination of a reemployed service member's pension entitlement requires an analysis of what pension benefits a service member would have received had the service member not left for military service. After reemployment, the service member's rate of compensation during the previous twelve months, excluding the one-week military-related absence, should be averaged to calculate the average rate of compensation for the one-month absence. The USERRA covers almost everyone in the U.S. who is serving or has served in the uniformed services. § 1002.262(c).  Reinstatement  Back pay  Liquidated damages  Attorneys’ fees The service member, who receives pension contributions based on a percentage of compensation earned, is scheduled to work 40 hours a week. Three months ago, the service member returned from a one-week military-related absence. The VETS USERRA Fact Sheet #1: Frequently Asked Questions-Employers’ Pension Obligations to Reemployed Service Members under USERRA provides quick and direct guidance to employers and employees in a readily understandable format concerning the application of USERRA to employers that pay pension benefits as a percentage of total earnings of employees. [CDATA[/* >