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Please distribute to all appropriate personnel and post in a conspicuous place.
TO:
FROM:
DATE:
ALL MMIA PROGRAM PARTICIPANTS
HELEN GONSOWSKI, ClC
MMIA MEMBER SERVICE REPRESENTATIVE
JOHN CUMMINGS, PHR
PERSONNEL DIRECTOR/EPLI SPEClAJ..IST
January '19, 2005
JAN 20 2005I]U],__
CITY OF LAUREL
RE:
UNIFORM SERVICES EMPLOYMENT AND REEMPLOYMENT ACT (USERRA)
As more and more of our military personnel are called into active service and being sent overseas,
questions may arise concerning your group health plan and what rights must be extended to military
personnel. The Uniform Services Employment and Reemployment Act (USERRA) enacted October 13,
1994 (Title 38 U.S. Code, Chapter 43, Sections 4301-4333, Public Law 103-353) significantly
strengthened and expanded the employment and reemployment rights of all uniformed service members.
Veterans, reservists and National Guard members called to active duty must be allowed up to five years
of excused absences for military service. If the employee gives advance notice to the employer of the
military activation and the employee returns to work in a timely manner after completion of the tour of
duty, the returning employee must be granted reemployment dghts after the military leave. In addition to
granting certain empIoyment rights after a military leave, USERRA also allows for continuation of group
health benefits up to 18 months.
On December 10, 2004 President Bush signed into law the Veterans Benefits Improvement Act (the Act),
which modifies and extends certain dghts for veterans by amending portions of Title 38, including
USERRA. The new law creates two new important requirements for employers:
· The new law increases the maximum period employees may continue medical benefits from 18
months to 24 months. An employee covered by USERRA may elect to continue health coverage
for a maximum of 24 months. The person cannot be required to pay more than 102% of the full
premium for the coverage.
· The Act requires that employers provide employees with notice of the employee's and employer's
rights, benefits, and obligations under USERRA. This portion of the law can be met by posting
the notice that will be furnished by the Secretary of Labor within the next 90 days. The notice
should be posted where other notices are customarily posted for employees' attention.
This notice is intended to be a non-technical resource for informational purposes only and should not be
considered as a substitute for the language of the actual statute. Additional information pertaining to
USERRA can be obtained from the Employer Support of the Guard and Reserve at http:/Iwwwtesqr.or.q.
Questions regarding USERRA and military leave should be directed to John Cummings and questions
about specific individuals' enrollment in the MMIA Employee Benefits Program should be directed ~o
Helen Gonsowski, both at the MMIA office at 1-800-635-3089.
This newsle{ter is published as a service to our members. The articles are not a substitute for the Memorandum of Liability Coverage or other coverage
documents. All coverage determinations are made on a case-by-case basks, and can only be viewed on the unique facts of the claim presented.