The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) was signed into law on October 13, 1994. USERRA clarifies and strengthens the Veterans' Reemployment Rights (VRR) Statute. USERRA applies to plans sponsored by more than one employer as well as single employer plans USERRA is intended to minimize the disadvantages to an individual that occur when that person needs to be absent from his or her civilian employment to serve in this country's uniformed services. USERRA makes major improvements in protecting service member rights and benefits by clarifying the law and improving enforcement mechanisms. In addition to establishing reemployment rights, USERRA provides for continuation of health benefits. Individuals performing military duty of more than 30 days may elect to continue employer sponsored health care for up to 24 months.

ABPA has established policies and procedures, as well as forms and letters, to help assist our clients in complying with this requirement. USERRA also requires that returning service members who meet the law's eligibility criteria must be treated as if they had been continuously employed for pension purposes, regardless of the type of pension plan the employer has adopted. This applies to vesting and benefit computation. Also, an employee who would have become eligible to participate in a pension plan during that individual's time in the service should, upon reemployment, be placed in the plan retroactive to the date of initial eligibility. If the employer contribution is contingent on the employee's contribution, then the employee must make his or her contribution before the employer is obligated to make its contribution. Again, ABPA has established policies, procedures, forms, and letters in order to assist our clients in complying with this requirement.

USERRA requires employers to provide to persons entitled to the rights and benefits under USERRA, a notice of the rights, benefits and obligations of such persons and such employers under USERRA. Employers may provide the notice, "Your Rights Under USERRA", by posting it where employee notices are customarily placed. However, employers are free to provide the notice to employees in other ways that will minimize costs while ensuring that the full text of the notice is provided (e.g., by handing or mailing out the notice, or distributing the notice via electronic mail).

For more information see: USERRA FAQ on the DOL Website.