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.