Uniform Services Employment and
Reemployment Rights Act of 1994
(USERRA)
If you are called to active military duty in the
uniformed services covered by USERRA, you
must notify your employer before taking leave
(unless precluded by military necessity or
other reasonable cause).
If you are covered under the Carpenters
Health and Security Plan and you leave
employment with a contributing employer
for military service, you have the following
options:
- You may elect to run-out your dollar bank. When your dollar bank has less
than onemonth of eligibility, you may elect to extend coverage by making self-payments
for USERRA Continuation Coverage.
- You may elect to freeze your dollar bank until you return from military
service. If you freeze your dollar bank, you still have the option of electing
to self-pay for USERRA Continuation Coverage.
Notice of Military Service
You are responsible for notifying the Trust
Office that you are entering military service.
If you want to freeze your dollar bank, you
must notify the Trust Office within 60 days
of beginning military service. If you do not
provide timely notice, your earned eligibility
will be used.
If you want to run-out your dollar bank, and
then elect USERRA Continuation Coverage,
you must notify the Trust Office of your military
service within 60 days of termination of
your earned eligibility. If you fail to notify the
Trust Office within the 60-day time period,
you will not be entitled to elect USERRA
Continuation Coverage.
Election of USERRA Continuation Coverage
After timely notification to the Trust Office of
military service, you will be sent an election
form to affirmatively elect to freeze your dollar
bank and/or elect USERRA Continuation
Coverage. Your completed election form must
be sent to the Trust Office, and postmarked or
received within 60 days from the later of the
date coverage would otherwise end, or 60 days
from the date the notification is furnished. If
you do not return your election forms by the
due date, you will not be allowed to freeze
your dollar bank or elect USERRA Continuation
Coverage.
Length of USERRA Continuation Coverage
If you provide timely notice and properly elect
to freeze your dollar bank, it will be frozen
the first of the month following the month in
which you begin military service.
If you properly elect to freeze your dollar bank
and elect USERRA Continuation Coverage,
the USERRA Continuation Coverage will begin
on the first day of the month following the
month in which you begin military service,
provided the required self-payments are made.
If you decide to run-out your dollar bank
before commencing USERRA Continuation
Coverage, USERRA Continuation Coverage
will begin immediately following the date
earned eligibility coverage ended, provided
the required self-payments are made.
USERRA Continuation Coverage will end on
the first of the dates indicated below:
- 24 months following the month your dollar bank terminates or is frozen
because of your entry into military service.
- The last day of the month in which you fail to return to employment or apply
for a position of reemployment within the time required by USERRA.
- The last day of the month for which a timely self-payment is not received
or postmarked.
Available Coverage
You may elect to self-pay for USERRA Continuation
Coverage for yourself, yourself and
your dependents, or only your dependents.
You may elect the following coverage options:
- Medical and dental
- Medical only
Time loss benefits are not available under USERRA Continuation Coverage. If
you elect medical benefits only, you cannot elect medical and dental benefits
at a later date. Benefits are the same as those provided to similarly situated
participants. If the plan changes its benefits, USERRA Continuation Coverage
will also change.
Monthly Self-Payments
If your military leave is for 31 days or more,
a monthly self-payment is required for
USERRA Continuation Coverage. The Trust
Office will notify you of the monthly contribution
amount when it sends you the election
forms. The rate for USERRA coverage is
available on the election form.
The initial payment for USERRA coverage
is due within 45 days from the date the Trust
Office receives a completed election form.
The first payment must cover all months for
which coverage is sought through the month
in which the first payment is made. Eligibility
will not commence, nor will claims be
processed until the initial payment has been
made.
After the initial payment, monthly payments
are due on the first of each month for that
month's coverage. USERRA Continuation
Coverage terminates if a monthly payment is
not postmarked or received by the Trust Office
within 30 days from the beginning of the
month to be covered.
USERRA Continuation Coverage must be
continuous and must immediately follow the
date your dollar bank is exhausted (or was
frozen).
Reinstatement of Eligibility Following
Military Service
You are responsible for notifying the Trust
Office of your discharge from military service,
and your reemployment with a contributing
employer.
If you properly elected to freeze your dollar
bank when you entered military service, the
balance of your dollar bank will be carried
over until you are discharged from military
service. Your dollar bank will be reinstated the
first of the month in which you are discharged
and will continue until exhausted, unless you
return to employment with a contributing
employer within the time period specified by
USERRA, as explained below.
If you return to employment with a contributing
employer immediately following military
service and within the time period specified
by USERRA, your eligibility will be reinstated
without waiting periods, and at no cost to you.
If you are on the out-of-work list at the local
union, it is considered a return to employment
with a contributing employer for purposes of
reinstatement of eligibility. The reinstated eligibility
commences the later of the first of the
month in which you return to employment
or the first of the month following termination
of the previously frozen dollar bank. The
reinstated coverage terminates on the earlier
of your receipt of four consecutive months of
reinstated coverage, or reestablishment of your
dollar bank based upon your hours worked.
Relationship of USERRA Continuation Coverage
to COBRA
You may have the right to elect COBRA
Continuation Coverage in lieu of USERRA
Continuation Coverage. The length of
USERRA Continuation Coverage may be
different from that of COBRA Continuation
Coverage. If you have questions regarding
election or duration of COBRA Continuation
Coverage, please consult the plan booklet or
contact the Trust Office.
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