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Monster Media 1996 #14
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Monster Media No. 14 (April 1996) (Monster Media, Inc.).ISO
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F417.SBE
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1996-01-10
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@042 CHAP 05
┌─────────────────────────────────────────┐
│VETERANS RE-EMPLOYMENT RIGHTS ACT OF 1994│
└─────────────────────────────────────────┘
New legislation that went into effect in October, 1994, the
Uniformed Services Employment and Reemployment Rights Act
of 1994, prohibits employment discrimination against any
person who serves in or applies to serve in the uniformed
military services. The new law also requires you, in most
cases, to reemploy a person who leaves your employ to serve
in the military, unless they are absent on account of such
military service for more than five years. In many cases,
you may not only be required to rehire such a person after
his or her return from the military, but will be required
to reinstate them at the level, pay status, and seniority
they would have attained if they had remained in your em-
ployment. You may also be responsible for having to offer
job training or retraining to the returning reservist and
to make reasonable efforts for two years to accommodate the
returning former employee who has been disabled as a result
of military service.
In effect, this requires you, as an employer, to bear
some of the costs of a person who is disabled while in the
military. This new mandate is an unprecedented shift of
responsibility for veterans' benefits from the federal
government to civilian employers, and it may place an un
bearable financial burden on some small employers in the
future.
Other provisions of this new law require the Department of
Labor to provide military reservists with lawyers, or pay
reasonable lawyers' fees on their behalf, when reservists
take legal action against their former civilian employers
to enforce their rights under this new legislation. In
addition, an employer must continue a reservist's health
insurance during deployments of less than 31 days and give
the reservist the option to continue coverage at his or
her own cost for up to 18 months.
USERRA also imposes a number of requirements on employee
retirement plans, such as continuing to accrue benefits or
make contributions for employees who are away on military
duty. For example, one key provision of USERRA states that
a person reemployed under the new law "shall be treated as
not having incurred a break in service with the employer...
by reason of such person's period or periods of service in
the uniformed services."
Since a number of these new rules are in apparent conflict
with existing tax laws and provisions of ERISA, it may be
some time before Congress resolves the conflicts with
regard to the rights of service personnel under their em-
ployers' pension and profit sharing plans.