Military Technician Mobilization Briefing

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Military Technician Mobilization Briefing

• By Sandy Hashimoto, ERS
• HRO Services Section,
• 672-1006 (Option 3)

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Overview

• USERRA Law
• Benefits
• Status Upon Entry Into Active Duty
• Leave Options
• FEHB
• FEGLI
• NGAUS
• TSP
• CSRS/FERS Retirement
• Preparation for Processing

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Uniformed Services Employment Reemployment
Rights Act of 1994 (USERRA)

• PL 103-353 effective 12 Dec 94
• Limits Reemployment Rights to Five Cumulative
  Years with Same Employer
• Military Service Interrupts Otherwise Creditable
  Civilian Service

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USERRA - Contd

• To encourage non-career service in the
  uniformed services by eliminating or minimizing
  disadvantages to civilian careers/ employment
• To minimize disruption to the lives of persons
  performing such service by providing for their
  prompt reemployment

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USERRA - Contd

• To prohibit discrimination against persons
  because of such uniformed services
• Congress intended the Federal Government to be a
  model employer in carrying out USERRA

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USERRA - Contd

• Eligible for reemployment providing that
• Advance notice given to employer,
• Cumulative length of absences does not exceed 5
  years,
• Character of service was not disqualifying, and

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USERRA - Contd

• Technician reports to or submits application for
  reemployment, within specified period
• On active duty less than 31 days, must report
  back next scheduled workday following release
  from active duty and expiration of 8 hours after
  a time for safe transportation back to residence.

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USERRA - Contd

• On active duty for more than 30 days but less
  than 181 days, must apply for reemployment within
  14 days following release from active duty.
• On active duty for more than 180 days, must apply
  for reemployment within 90 days following release
  from active duty.

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USERRA - Contd

• Certain Active Duty Not Counted Towards Five
  Years (depends on authority for active duty)
• Regular Scheduled IDT and Annual Training
• Invol Active Duty for National Emergency up to 24
  mos
• War or Declared National Emergency (Vol/Invol)

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USERRA - Contd

• Under 10 USC 12301(d) if performed on or after 14
  Sep 2001 in direct or indirect support of
  missions and operations associated with the
  National Emergency (i.e., contingency operations)

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USERRA - Contd

• Remark on orders
• The period of service under these orders is
  exempt from the five-year limit as provided in 38
  USC 4312(c)(4)(B).

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USERRA - Contd

• State Active Duty not Uniform Service for USERRA
• Treated as Federal civilian service
• If on LWOP, period is subject to the six-month
  rule

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Status Upon Entry into Active Duty

• Separation - US
• LWOP - US

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Leave Options

• Choice of Paid Leave
• Military Leave (LM)
• Annual Leave (LA)
• Travel Comp Time (CF) (lost after 26 pay periods
  of being earned)
• Time-Off Award (LY) (must use within one year of
  award)

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Leave Options Contd

• 44-Day Military Leave (LV) must be on active
  duty without pay under 10 USC 12301(b) or
  12301(d) outside the US, its territories and
  possessions
• 22-Day Law Enforcement Leave (LL) Contingency
  Operations as defined in 10 USC 101(a)(13),
  i.e., OEF, ONE, OIF, etc.

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Affect of Using 22-Day LEL

• Computed after the fact
• Compares Mil Pay with Tech Pay
• If Mil Pay gt Tech Pay No Tech
• Pay Due
• If Mil Pay lt Tech Pay Difference
• paid to Tech
• Code LL only after approved by CSR

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Leave Options - Contd

• Leave Without Pay (KG)
• May use paid leave intermittently with leave
  without pay
• Not reimbursed for free FEGLI/FEHB
• May complicate military deposit
• Annual Leave Options
• Remain to Your Credit
• Paid Lump-Sum

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Federal Employees Health Benefits (FEHB)

• Separate/LWOP - Continues up to 24 months unless
  you terminate
• Continue Enrollment
• Responsible for your share of premiums for first
  12 months in nonpay status
• Pay While on LWOP
• Incur Debt

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FEHB - Contd

• Responsible for full premium cost (102) - last
  12 months (premiums must be paid directly to
  DFAS)
• Terminates after 24-month period, subject to
  31-day ext of coverage at no cost to you
• Reinstated upon RTD (unless waived for
  Transitional Tricare)
• Terminate Enrollment
• Effective day you are separated or placed on
  leave of absence

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FEHB - Contd

• 31-day extension of coverage at no cost to you
• Conversion to Nongroup Plan
• Not consider break in service for 5-yr
  participation requirement for retirement
  (however, not counted towards five years)
• Not eligible for TCC
• Reinstated upon RTD (unless waived for
  Transitional Tricare)

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FEHB Contd

• Premium Conversion
• Not Participating Terminate anytime during
  24-month period. Effective end of pay period
  when received by HRO.
• Participating Cannot terminate anytime.
• Must wait for QLE or Open Season
• Start of LWOP-US is QLE. Have 60 days to
  terminate or waive premium conversion

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FEHB - Contd

• DOD to pay premiums for the 24-month period
  if
• Enrolled in FEHB and elect to continue that
  enrollment
• Member of a Reserve component of the Armed Forces
• Called or ordered to active duty (vol/invol) in
  support of a contingency operation (Title 10)

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FEHB - Contd

• Be placed on LWOP-US or separate to perform
  active duty
• Serve on active duty for a period of more than 30
  consecutive days

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Flexible Spending Accounts

• Must contact FSAFEDS _at_
  1-877-372-3337
• Two Options
• Cancel prior to leaving
• Continue by prepaying or freeze account until RTD

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Federal LTC Insurance

• Must contact LTC Partners _at_ 1-800-582-3337
  to change payment option
• Direct bill
• Auto bank withdrawal
• Request payroll deduct from Mil Pay

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FEDVIP - Dental/Vision Riders

• Continues if premiums are paid
• Must contact BENEFEDS _at_ 1-877-888-3337 to
  change payment options

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Federal Employees Group Life Insurance (FEGLI)

• LWOP-US Continues for up to 12 months at no
  cost to you
• Separate Continues at no cost to you for up to
  12 months or 90 days after mil svc ends,
  whichever first
• Upon termination of coverage
• Provided with 31-day extension of coverage
  right to convert

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Federal Employees Group Life Insurance (FEGLI)
Contd

• PL 110-181 (28 Jan 2008) auth continuation for
  addl 12 months
• Must elect prior to end of first 12
  months
• Pay both Emp Govt share of Basic Life
• Pay entire cost of Opt coverage
• Pay directly to DFAS each pay period term if
  miss 2 pay periods

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FEGLI - Contd

• Reinstates same cov upon RTD
• Death Benefits
• Paid to Beneficiary (Designated or By Law)
• ADD benefits payable under Basic Opt A if
  called to war unless death occurs in actual
  combat/nuclear weapons used
• If ADD not payable, regular death benefits are

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National Guard Association of the United States
(NGAUS)

• Paid Status - Premiums Contd
• Nonpay Status
• Disability/Supplemental Disability
• 30 days or less - continues at no cost to you
• 30 days - coverage suspended
• Upon RTD - send letter to CSR to reinstate
  coverage within 30 days or reenroll

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NGAUS - Contd

• TermLife GuardLife
• 90 days or less - continue at no cost to you
• 90 days - coverage direct-billed
• ValueLife Universal Life
• No waiver of premium
• Coverage direct-billed
• Separate or Cancel - complete NG 76

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Thrift Savings Plan (TSP)

• Paid Status - Deductions Contd
• Nonpay Status
• No contributions permitted
• Cannot withdraw contributions
• TSP loans
• If TSP notified (via TSP 41), loan will be
  suspended until RTD
• Interest still accrues
• Repayment period extended by length of active duty

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TSP - Contd

• If TSP is not notified
• Loan payments suspended for up to one
  year
• Repayment in full or declared a taxable
  distribution
• Possible reduction in interest rate (6) under
  Service Members Civil Relief Act Contact TSP
  Service Office at 1-877-968-3778
• If Separated, can withdraw contributions

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TSP - Contd

• Upon RTD/Restoration, may make retroactive
  employee contributions
• Must apply within 60 days of RTD - Send letter to
  HRO
• Repayment period - Up to 2x No. of pay periods
  that were covered by the missed contributions

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TSP - Contd

• Based on employee election of record
• FERS - retroactive Agency Matching Contributions
  as you repay your contributions
• FERS - retroactive Agency Auto 1 contributions
  for entire period whether or not you make-up
  employee contributions
• Mil TSP - will reduce/offset amount of retro
  contributions to Civ TSP. KEEP ALL MILITARY LES

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CSRS/FERS Retirement

• Pay Status - Contributions Contd
• Nonpay Status, for service credit--
• FERS/CSRS on or after 1 Oct 82, deposit required
• CSRS before 1 Oct 82, deposit optional (Catch-62
  applies)
• Deposit amount is LESSOR of
• 7 (CSRS) or 3 (FERS) of estimated military
  earnings during active duty period, OR

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CSRS/FERS Ret - Contd

• Amount of CSRS/FERS employee contributions that
  would have been withheld from your civilian
  position if you had not left on active duty
• Upon RTD/restoration, contact HRO to make deposit
• If made within 3 years of return to covered
  position, no interest will be charged

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CSRS/FERS Ret - Contd

• If LWOP, eligible for death and disability
  benefits cannot take refund of retirement
  contributions
• If Separated, eligible for refund of retirement
  contributions
• Void all rights to retirement system (to include
  survivor benefits)
• FERS - cannot redeposit if later
  reemployed--service permanently lost

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5-Day Excused Absence For Returning from GWOT

• Return from contingency operation to aid in
  readjusting to civilian life
• Must spend at least 42 consecutive days on active
  duty in spt of GWOT
• Only once in a 12-month period
• New 12-month period begins after first use of
  5-day period and ends 365-days later

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5-Day Excused Absence For Returning from GWOT-
Contd

• Begins with date of RTD (day after release from
  active duty and grace period)
• Must be a continuous period does not include
  non-workdays and holidays within period
• Obligated to report to work at the end of the
  5-day period

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Preparation for Processing

• Standard Form 52
• Copy of Active Duty Orders
• USERRA Election Options Form
• FEGLI Notice and Election Form
• TSP-41
• Reminders
• Review beneficiary forms
• Allotments - nonpay status will STOP
  payments--make necessary arrangements prior to
  leaving

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That's All Folks!