FACT SHEET FOR MEMBERS OF THE ARMED FORCES
Know Your Rights!
Congress provides
protection for ALL members of uniformed services (including non-career
National Guard and Reserve members, as well as active duty personnel)
with the passage of the Uniformed Services Employment and
Reemployment Rights Act (USERRA).
TO BE ELIGIBLE FOR REEMPLOYMENT RIGHTS YOU MUST
MEET THIS CRITERIA:
1. You must have
left a civilian job
2. You must have given notice that you were leaving to perform military
service. (Five year maximum)
3. You must have been released from service under honorable or general
conditions
4. You must have reported back to work applied for reemployment within
time constraints prescribed law.
REEMPLOYMENT ENTITLEMENTS
(IF YOU MEET THE CRITERIA SET FORTH IN THE USERRA ACT)
1. You are entitled
to prompt reemployment.
2. You are entitled to seniority, seniority related benefits (including
pension), status, and rate of pay as if
you were continuously employed during your military absence.
3. You are entitled to immediate reinstatement of health insurance for
you and previously covered
dependents, with no waiting period and no exclusion of
preexisting conditions.
4. You are entitled to training or retraining by your employer if that
is necessary to qualify you for
reemployment.
5. If you were disabled on military duty, your employer must make
reasonable efforts to accommodate the
disability.
6. If your period of service was 181 days or more, you are protected
from discharge, except for cause, for
one year. If the service was for 31-180 days, the period of
protection from discharge is 180 days.
THE SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940 (SSCRA)
In addition Congress
passed The Soldiers' and Sailors' Civil Relief Act of 1940 (SSCRA)
to provide protection for individuals entering or called to active duty
in the military service. It is intended to postpone or suspend certain
civil obligations to enable service members to devote full attention to
duty. The Act applies to the United States, the states, the District of
Columbia, all U.S. territories and in all courts therein. Reservists and
the members of the National Guard are protected under the SSCRA while on
active duty. The protection begins on the date of entering active duty
and generally terminates within 30 to 90 days after the date of
discharge from active duty.
YOUR RIGHTS UNDER THE SSCRA
No eviction or
distress shall be made during the period of military service in respect
of any premises for which the agreed rent does not exceed $1,200 per
month, occupied chiefly for dwelling purposes by the wife, children, or
other dependents of a person in military service.
STAYS & DEFAULT
JUDGMENTS:
If you are sued in a civil court (state or federal) and you cannot be
present due to military obligations (such as a deployment), the
proceeding may be postponed (stayed); normally, you must request the
court to do this. The stay will not be granted unless your ability to
appear in court is materially affected by military duties. Under certain
circumstances a default ("forfeit") judgment may not be entered against
an absent servicemember. There are however, special conditions that
apply to this provision and you should check with an attorney before
relying on it.
INTEREST RATES:
On debts entered into BEFORE going on active duty, the act states
that the maximum interest rate can be no more than 6%. If a creditor can
show the court that your ability to repay was not materially affected by
military service this will not apply. This is NOT automatic; the
servicemember must request the creditor reduce the interest. This
applies to mortgages, credit cards, car loans, etc.
LEASES:
The SSCRA allows a member to break a lease entered into BEFORE
going on active duty. You must have occupied the leased premises and you
must give WRITTEN notice to the landlord. Termination will be
effective depending upon the length and type of lease.
INSTALLMENT
CONTRACTS:
If your ability to pay an installment contract entered into BEFORE
going on active duty is materially affected by the active duty, a member
is protected from repossession, penalties, etc., unless authorized by a
court.
MORTGAGE
FORECLOSURES:
This is similar to the above; the obligation must exist BEFORE
entering active duty and must be materially affected by the active duty.
INCOME TAX:
If the ability to pay tax is materially affected by active duty,
requirement to pay is DEFERRED up to 6 months after termination of
service. This applies to state and federal tax as well as taxes on
military pay and nonmilitary pay.
LIFE INSURANCE:
If a member cannot continue to pay premiums on commercial life insurance
purchased BEFORE going on active duty, the government may guarantee
payment of the premium or require that the insurer treat any unpaid
premium as a loan against the policy (preventing cancellation). Premiums
must be repaid within 2 years of separation.
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