Military Duty: Employee Rights and Benefits

With current military actions in Iraq, Afghanistan, and elsewhere, some Indiana University employees have been called into active military duty for extended periods of time. The Uniformed Services Employment and Reemployment Rights Act of 1994 and Veterans Benefits Improvement Act of 2004 provide certain rights and benefits to employees who are called or volunteer for military duty. Three of the most significant rights and benefits provided to employees by the acts are reemployment rights, retirement benefits, and health benefits.

Reemployment Rights
For certain employees who return to work following a period of military service, Indiana University must reemploy such individuals in the job that they would have attained had they not been absent for military service, with the same seniority, status and pay, as well as other rights and benefits determined by seniority. Indiana University must make reasonable efforts (such as training or retraining) to enable returning service members to refresh or upgrade their skills to help them qualify for reemployment. Finally, while an individual is performing military service, he or she is deemed to be on a leave of absence and is entitled to the non-seniority rights accorded other individuals on non-military leaves of absence.

Retirement Benefits
For certain employees who return to work following a period of military service, Indiana University is required to restore any employer contributions that would have been allocated to an eligible employee that were not paid on account of the military service period. Employer contributions must be restored under the following plans:

• IU Retirement Plan
• PERF
• IUSERP

Covered employees who return to work following a period of military service must be given the right to make up missed salary deferral contributions, including catch-up contributions, to the voluntary salary deferral plans (i.e., the IU Tax Deferred Annuity Plan and IU Retirement Savings Plan).

Health Benefits
An employee who is on a leave of absence for military duty may continue participating in Indiana University-sponsored medical and dental plans. However, the employee must continue paying his or her monthly share of the plans’ premiums.

An employee and eligible dependents may continue coverage in Indiana University-sponsored medical and dental plans for up to 24 months following the employee’s termination of employment for military duty. To continue coverage, the employee must generally pay 102 percent of the total monthly premium (both employee and employer cost) for the continuation coverage period.

When a department processes an unpaid military leave of absence or a separation for military duty, University Human Resource Services will notify the employee at his or her home address of the continuation options and costs.

Contact University Human Resource Services
To be eligible for reemployment rights and retirement benefits, an employee must meet certain federally mandated requirements. Any employee who (1) returns to work at Indiana University following a period of military service or (2) believes he or she may be owed benefits due to a past period of military service should immediately contact University Human Resource Services (UHRS). This office will review the employee’s circumstances and determine if the employee is entitled to benefits. To contact UHRS, e-mail the University Retirement Program Services Manager at with the following information:

• Name of the employee
• Employee’s identification number
• Beginning and ending dates of the period of military service
• Date employee returned to work from military service

Next article: COBRA Rights