USERRA

USERRA is complex and time consuming. As a member, the Trust provides USERRA administration services. We keep up with regulations, mandates, notification requirements, provide billing services and collect monthly USERRA premiums so members can focus on other things.

Uniformed Services Employment and Reemployment Rights Act

Final USERRA federal regulations became effective January 18, 2006. The preamble to the final regulations stress that:

"This legislation is to be liberally construed for the benefit of those who left private life to serve their country in its hour of great need. *** And no practice of employers or agreements between employers and unions can cut down the service adjustment benefits which Congress has secured the veteran under the Act."

In a nutshell, USERRA protects the rights of employees called to active duty to be reinstated on the employer’s group health plan with no preexisting conditions or waiting periods. The employee does not need to elect USERRA continuation coverage to be entitled to this full reinstatement.

USERRA also gives service members access to continuation coverage. Although USERRA continuation coverage is similar to COBRA continuation coverage, it is separate and different. USERRA extends the coverage for a service member up to a full 24 months of USERRA Continuation Coverage.

Federal regulations

Forms

Employees returning to work after deployment

USERRA requires that the employee and dependents benefits be unaffected by their time away from the plan. It also requires that the returning employee have their benefits reinstated the day they return to work.

Trust benefits are not prorated. Because of this, if you have an employee returning from military service their benefits will need to be effective the first of the month prior to the day they return to work.

For example, if the employee returns to work on July 15, their coverage will need to be effective July 1. The employee will need to fill out a new AWC Combined Insurance Enrollment Form. To ensure correct auditing of these enrollment forms, please write "USERRA" on the top of the enrollment form.

Continuation coverage process

• USERRA Continuation Coverage notification and election procedures will mirror the AWC COBRA Continuation Coverage procedures.
• The employer must use the AWC USERRA Notification to Administrator Form to notify AWC of the service members call to active duty.
• The service member and all covered family members will then receive USERRA Continuation Coverage election paperwork at their home.
• They will have 60 days to elect USERRA Continuation Coverage.
• The premiums for USERRA Continuation Coverage will be 102% of the Trust’s published premium rates.

Although this will be the Trust’s stated policy, as noted by the preamble, the Trust will be administering the USERRA Continuation Coverage as liberally as possible.