DOL Issues Fact Sheet on Retirement Benefits for Vets Returning to Work

The Uniform Services Employment and Reemployment Rights Act (USERRA) requires that returning service members, on reemployment, be treated as though they did not have a break in civilian employment for the purpose of participation, vesting and accrual of pension benefits.

The U.S. Department of Labor’s (DOL’s) Veterans Employment and Training Services (VETS) has released a fact sheet to help employers better understand their responsibilities toward reemployed service members under the pension provisions of the Uniform Services Employment and Reemployment Rights Act (USERRA) and related regulations.

USERRA requires that returning service members, on reemployment, be treated as though they did not have a break in civilian employment for the purpose of participation, vesting and accrual of pension benefits from their employers.

The VETS USERRA Fact Sheet #1: Frequently Asked Questions-Employers’ Pension Obligations to Reemployed Service Members under USERRA provides quick and direct guidance to employers and employees in a readily understandable format concerning the application of USERRA to employers that pay pension benefits as a percentage of total earnings of employees.

VETS says that USERRA can help employers reemploy and retain valued service member employees on their return from the performance of uniformed service in support of the national defense.

“Ensuring our service men and women enjoy the appropriate rights and benefits of their civilian employment on their return from duty encourages future service and provides for the security of our nation,” says Sam Shellenberger, deputy assistant secretary of VETS. “No employer wants to lose a valued employee, and VETS wants to help both employers and employees understand their rights and responsibilities under the Uniform Services Employment and Reemployment Rights Act. This guidance seeks to do just that.”


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