Active Duty in Support of Operation Allied Force Date: Tue, 11 May 1999 09:10:04 -0400 To: "USGS Employees" From: Joyce Pieritz Subject: Active Duty in Support of Operation Allied Force In Reply Refer To: Mail Stop 601 May 10, 1999 MEMORANDUM To: All U.S. Geological Survey Employees From: Richard C. Williams /s/ Acting Personnel Officer Subject: Active Duty in Support of Operation Allied Force Supervisors, Managers and Team Leaders: Please ensure that employees without access to e-mail receive a copy of this message. This memorandum reviews the rights and benefits available to U.S. Geological Survey (USGS) employees who are called to, or volunteer for, active duty in support of Operation Allied Force Pay Employees performing active military duty will receive compensation from the Armed Forces in accordance with the terms and conditions of their military commission or enrollment. They will no receive any compensation from USGS unless they elect to use military leave or annual leave as described below. Military Leave Full-time employees who perform active military duty may request the use of paid military leave. Each eligible employee accrues 15 calendar days of military leave each fiscal year. In addition, an employee may have up to 15 days of military leave carried over from the prior fiscal year which may also be used. Part-time employees accrue military leave on a prorated basis, based on the percentage of a full-time tour of duty they are scheduled to work. Employees who performed active service in support of Operation Allied Force cannot be granted the additional 22 days of military leave under Title 5 United Stated Code Section 6323(b), since that time is available only for providing military aid to domestic authorities to enforce the law or protect life and property. Employees who elect to use military leave will receive full compensation for each workday charged to military leave, in addition to their military pay for the same period. Annual Leave Employees on active duty may request to use their annual leave, and such requests must be granted. Requests for advanced annual leave may be granted at the supervisor's discretion. Employees who use annual leave will receive full compensation for all hours charged to annual leave in addition to their military pay for the same period. Employees may also choose to have their annual leave remain to their credit until they return to their USGS position, or to receive a lump sum payment for all annual leave. Both options are available whether or not the employee separates from USGS. Leave Without Pay The Uniformed Services Employment and Reemployment Rights Act of 1994 generally requires that employees entering the military be placed on leave without pay (LWOP), unless the employees choose to be placed on military leave or annual leave, that leave is exhausted, or the employees request to be separated. Health Insurance Employees who are put in an LWOP status while on military duty can keep their Federal Employees Health Benefits (FEHB) coverage for up to 18 months. During the first 365 days, they are responsible for paying the normal premiums for their FEHB coverage, either by making current payments or paying back the premiums on their return to active Federal service. During the remainder of the 18 months, employees must pay the full cost of the FEHB coverage (employee share plus the Government share) as well as a two percent administrative fees. These fees must be paid on a current basis; they can not be deferred until employees return to their Government positions. At the end of the 18 months. FEHB coverage will terminate. The employees will get a free 31-day extension of coverage during which time they can convert to a nongroup policy (Temporary Continuation of Coverage is not available). If employees do not want to continue FEHB coverage while in nonpay status, they can terminate the coverage. They would still have the 31-day extension of coverage and the right to convert to a nongroup policy. When they return to active Federal Service, they can enroll in an FEHB plan within 60 days. Life Insurance Employees who are in a nonpay status while on military duty will continue their Federal Employees' Group Life Insurance (FEGLI) coverage for up to 12 months with no charge. At the end of those 12 months, the coverage will terminate. The employees would have a free 31-day extension of coverage and the right to convert to a nongroup policy. On return to Federal service, the employees' FEGLI coverage would resume at the level in force when they went into nonpay status. Retirement Employees placed in nonpay status while performing active military duty continue to receive credit towards retirement, subject to the normal rules for crediting military service. Should the employees die during the military service death benefits will be paid as if they were still in the civilian position. If the employees become disabled for their civilian position and they have the minimum civilian service for title to disability benefits (5 years for employees in the Civil Service Retirement System; 18 months for those under the Federal Employees Retirement System), they would be entitled to disability benefits. If employees separate to enter military duty, retirement credit for the period of separation will be received when they exercises their restoration rights to their civilian positions. If the separated employees do not exercise the restoration right, but later reenter Federal civilian service, the period of military service may be credited under the normal rules for crediting military service. Thrift Savings Plan No contribution can be made to the Thrift Savings Plan (TSP), either by employees or USGS, for any time employees are in an LWOP status or separated for military service. However, employees restored to or reemployed in USGS may make up missed contributions. FERS employees are entitled to receive retroactive agency automatic (one percent) contributions and, if they make up their own contributions, retroactive agency matching contributions. Also, if FERS employees separate and they forfeit the agency automatic contributions because they did not meet vesting requirement (normally three years), they are entitled to restoration of the forfeited funds after they are reemployed. Any employees who separate for military service and receive an automatic payment of their TSP funds (because their balance is $3500 or less), may return that amount to the TSP after they are reemployed. Return to Civilian Duty Upon return or restoration to their USGS positions, employees are entitled to be treated as though they had never left for those rights and benefits that are based on length of service. Employee who served less than 91 days in the military must be restored to the position that they would have attained had their employment not been interrupted by military service. Employees who served more than 90 days in the military have essentially the same rights, although USGS has the option of placing the employee in a position of like seniority, status and pay. In either case, employees must be considered for career-ladder promotions, and the time spent in the military will be credited for seniority, within-grade increases, probation, career tenure, annual leave accrual rate and severance pay. Employees who were on a temporary appointment are entitled to serve out the time remaining on the appointment. The above job protection rights will apply for employees who apply for reemployment within the following time limits: Employees who served less than 31 days in the military must report back to work at the beginning the next scheduled workday that follows their release from military service and eight hours after transportation back to their residence. Employees who served at least 31, but no more than 180 days, in the military, must apply for reemployment within 14 days of their release from military service. Employees who served more than 180 days, must apply for reemployment within 90 days of their release from military service. Appeal Rights Employees or former employees who are entitled to restoration after military service may appeal an agency's failure to properly reinstate them directly to the Merit Systems Protection Board (MSPB), or they may first submit a claim to the U.S. Department of Labor (DOL), which will attempt resolution. If resolution is not possible, DOL may present the case to the Office of the Special Counsel, which may represent the employees in an appeal to the MSPB. Appeals to MSPB must be submitted within 30 calendar days after the action being appealed. If you have any questions regarding the rights and benefits available if you are called to active duty in the military, please call your servicing personnel office.