13.4 Military and Uniformed Service
Federal Law (USERRA) may require that you receive benefit and vesting credit while serving for up to five years in the Uniformed Service. The term “Uniformed Service” means the Armed Forces (including the Coast Guard), the Army National Guard and the Air National Guard when engaged in active duty for training, inactive duty training, or full-time National Guard duty, the commissioned corps of the Public Health Service, and any other category of persons designated by the President in time of war or emergency. Voluntary and involuntary service are covered; as are various types of duty: active duty, active and inactive duty for training, National Guard duty under Federal statute, absence from employment for fitness-for-duty examination, and performance of funeral honor duty.
To qualify, you must leave work with a Contributing Employer for eligible service in the Uniformed Service, you must qualify for re-employment rights under USERRA, and you must be re-employed in Covered Employment after applying to return within a certain time period after your service ends (the period to re-apply will be no more than 90 days, and in some cases is shorter). The “Participant Rights Under USERRA” Notice that you receive when you go on Uniformed Service leave includes detailed description of the requirements under USERRA including certain other limitations and restrictions that apply. Please note that to preserve your rights under USERRA, you generally must provide notice to your Contributing Employer and/or hiring hall before your Uniformed Service begins. You should contact the Trust Customer Service Office as soon as you know you’ll be leaving Covered Employment to serve in the Uniformed Service and again as soon as you return from such service.