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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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