Handling Reservists Called to Active Duty

The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the rights of employees who enter military service from a civilian job. Specific to retirement plans, USERRA protects the rights of individuals during a period of military service with respect to any retirement benefits or rights they would have accrued had they been employed continuously by the civilian employer. In today's volatile world, it is almost a certainty that you will have an employee that is called to active military duty. Below are some things to help you, and your employees, if this situation should arise:

  • Know which employees may be affected. Although military reserve personnel are required to give employers advance notice of their service status either verbally or in writing, there is no requirement as to how far in advance such notice must be provided. Be prepared by ensuring that you are aware of all military reservists within your organization.
  • Know your obligations. Learn about all aspects of USERRA provisions at the U.S. Department of Labor Web site. It includes both A Non-Technicial Resource Guide to USERRA (PDF) and frequently asked questions for reservists being called to active duty.
  • Educate your employees. Talk to your employees to be sure that they fully understand their rights and their options. Contact the NADART Plan Information Center at nadart@nada.org or 800-462-3278 if you have any questions.
  • Make yourself available to assist military reservists called to active duty. Most military reservists will be under stress during the transition to active military service and even during the later transition back to civilian status. Do your best to provide accurate information about all benefits and contact the NADART Plan Information Center at nadart@nada.org or 800-462-3278 if you have any questions about the NADART retirement plan.