What happens if I serve in the military?

Boyd G. from Kentucky asks, "What happens if I serve in the military?"

{Sub:BusinessName}​ answers, "USERRA protects all persons absent from work due to their service in the Army, Navy, Marine Corps, Air Force, Coast Guard or Commissioned Corps of the Public Health Service. The service can be voluntary or involuntary, including active duty, active duty for training, initial active duty for training, inactive duty training, reserves and full-time National Guard duty. It also includes any absence from work for an examination to determine a person's fitness for any of the above types of duty.

If you have an outstanding plan loan, the payments can be suspended for the entire period of leave with no maximum time limit. The length of the loan can also be extended to the maximum allowable length of the loan plus the period of military leave. Loan payments must resume when you return to work.

Essentially, all other plan functions are suspended until your return. When you return from military service, you are entitled to certain retirement benefits. Essentially, plans must recognize military service for benefit accrual and vesting purposes. A reemployed veteran will not suffer a break in service due to military service. Reemployed veterans are entitled to make up employee contributions over the period of time beginning at reemployment and continuing for three times the period of military service or five years, whichever is less. Employers must also make up all contributions that would have been allocated to the returning employee had he or she not left. This would include matching contributions (and other contributions contingent on employee contributions) if the employee chooses to make up missed employee contributions. These contributions need not include any gains and losses that would have occurred. In order to calculate such contributions, an employer can use either the "would be" compensation level of the individual or the average compensation for the 12 month period preceding the military leave.

USERRA rules can be quite complex. Please contact our offices for assistance with these rules."

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