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The U.S. Department of Labor (DOL) appear a actuality area Aug. 8 acclamation employers’ responsibilities beneath the Uniformed Services Application and Reemployment Rights Act (USERRA) to re-employed veterans who participate in an employer’s retirement plan. The advice is provided in the VETS USERRA Actuality Area 1: Frequently Asked Questions-Employers’ Alimony Obligations to Reemployed Account Associates beneath USERRA.



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USERRA seeks to eliminate or minimize the disadvantages abiding account associates and veterans could face in their noncombatant careers and employment. Beneath USERRA, advisers are advantaged to all accrued alimony allowances they would accept accustomed had their civilian employment been continuous. This claim applies to authentic account pensions, authentic addition affairs and accumulation administration plans, as able-bodied as to single-employer and multiemployer plans.

“Ensuring our servicemen and servicewomen adore the adapted rights and allowances of their noncombatant application on their acknowledgment from assignment encourages approaching account and provides for the aegis of our nation,” said Deputy Assistant Secretary for Operations Sam Shellenberger of the Veterans’ Application and Training Account (VETS), in announcement the actuality sheet’s release.



Generally, USERRA requires an employer to acknowledgment an agent to the aforementioned position captivated above-mentioned to aggressive leave. The actuality area serves as admonition that if afore their deployment employees alternate in a accessory plan with both employer and agent contributions, again the employer charge amusement time deployed as time formed with attention to vesting periods.



USERRA states that “employers are appropriate to actuate a re-employed account member’s accommodation for accord in a alimony plan and the vesting and accretion of the account member’s alimony allowances as if the account affiliate had not larboard for aggressive service.”

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Lisa Rippey, an advocate at Stinson in Kansas City, Mo., wrote, “The account member’s absolute aeon of absence from application ‘due to or apprenticed by’ aggressive account charge be brash as connected employment, which includes the time spent advancing for aggressive account and the post-service time that the alone spent applying for re-employment or convalescent from an affliction incurred or aggravated by aggressive service.” 

[SHRM members-only how-to guide: How to Administer Aggressive Leave Allowances Beneath USERRA]

Matching Architecture Contributions

As for banned on a account member’s adeptness to accomplish up plan payments that were absent during a military-related absence, the DOL actuality area highlights the following:

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Regarding employer-matching contributions, the actuality area states that:

Varying Hours and Overtime

Because USERRA requires an employer to abide alimony contributions as if the agent were still assuming work, “this can present challenges for administration whose advisers assignment capricious hours or accouterment or cogent overtime,” wrote Jeffrey Rhodes, an advocate with Doumar Martin in Arlington, Va.

He brash administration to account agent hours as able-bodied as ante of pay for alimony contributions application averages from the aftermost 12 months to abstain abeyant claims.

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The VETS USERRA Actuality Area 1 provides examples of how to handle overtime calculations for affairs in which agent advantage determines the bulk of the employee’s addition or the retirement account to which the agent is entitled.

Related SHRM Articles:

Uniformed Services Application and Reemployment Rights Act, SHRM NextChat, July 2018

Claim of Miscalculated Aggressive Leave Alimony Contributions Can Go to Trial, SHRM Online, June 2017

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