Originally Posted by
kronan
Originally Posted by
TonyC
Originally Posted by
kronan
Mil Leave. USERRA requires FedEx to compute Retirement Benefits as if you were actually working. My expectation would be a PSPP year equivalent to 1000CHs times pay rate. (Similar to what I would expect should someone go out on Disability-but that was never explicitly discussed)
Your expectation ...
To Be Negotiated.
USERRA doesn’t leave much to be negotiated. And if you look into our PBB, you’ll find 1,000 is a years of service value. Not sure if it’s explicitly stated anywhere, but that 1000 hours of service isn’t tied to actual pay anywhere that I can think of.
USERRA requires employers to reemploy an eligible returning service member into the position and benefits the service member would have had, with reasonable certainty, if not for the military service. In other words, a returning service member is entitled to the seniority, rights, and benefits they would have attained had they remained continuously employed. 38 U.S.C. §§ 4312, 4316(a), 4318; 20 C.F.R. § 1002.191.
• Therefore, employers are required to determine a reemployed service member's eligibility for participation in a pension plan and the vesting and accrual of the service member's pension benefits as if the service member had not left for military service. 38 U.S.C. § 4318; 20 C.F.R. §
If you are correct on every point, please answer this question: Why, whenever this subject has been discussed or the question asked at numerous Joint Council Meetings and briefings, Focus Sessions, YouTube videos and podcasts, have we never been given an answer other than "It's to be negotiated"? If it's so straightforward and simple, why haven't we gotten ANY answer at all, much less a simple one?
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