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NUMERICAL INDEX
1.0 USERRA Generally
No. 29—I Am Being Recalled. What About My Civilian Job?
No. 56—USERRA Review
No. 77—I Am Being Demobilized. What About My Civilian Job?
No. 104—Everything You Always Wanted To Know About USERRA But Were Afraid To Ask
No. 105—USERRA: Frequently Asked Questions
No. 123—Opinion: Congress Should Amend USERRA
No. 127—Review of 2002-03 USERRA Cases
No. 152—When It’s Over Over There, GI Joe Gets His Job Back
No. 164—Employers Required To Notify Employees Of USERRA Rights
No. 165—Help! I Lose Money When I Drill
No. 203—Is the Right to Reemployment Absolute?
No. 205—Recent USERRA Victory
No. 0613—Summary of Law Review Articles on USERRA
No. 0702—What Are You Thinking?
No. 0711—ESGR Volunteer Recovers $100,000 for USERRA Claimant
No. 0749—USERRA Primer
No. 0766—USERRA: A Primer: A Summary of Servicemembers’ Reemployment Rights under Federal Law
No. 0821—The Burden of Freedom: Recent USERRA Burdens on Employers Are Not Unconstitutional or Unprecedented
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1.1 USERRA Coverage
No. 0813 Nonappropriate Argument: Despite its longtime contention, AAFES is not exempt from USERRA.
No. 0816 Enhanced Leave Entitlements for Family Caregivers of Wounded Warriors
No. 0836 USERRA Coverage for National Guard Technicians
No. 0837 USERRA Coverage for Individuals Performing National Guard AGR Duty
No. 0838 Right to Reemployment at the End of the Initial Active Obligated Service
No. 0849 Unlawful to Fire Army Recruit
1.1.1 Coverage of Employers
1.1.1.1 Hiring Halls and Joint Employers
No. 28—Applying USERRA to Multi-Employer Situations
No. 154—Joint Employment Doctrine Under USERRA
No. 174—USERRA Applies To Union Hiring Hall
No. 183—USERRA Applies To Hiring Hall Situations
No. 0706—Joint Employer Doctrine Revisited
No. 0712—USERRA Applies to Hiring Halls-Continued
1.1.1.2 Small Employers
1.1.1.3 Religious Institutions
No. 185—Does USERRA Apply To Religious Institutions?
1.1.1.4 Indian Tribes
No. 186—Does USERRA Apply To Indian Tribes As Employers?
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1.1.1.5 Employers Outside United States
No. 24—Enforcement of Reemployment Rights Outside the United States
No. 163—USERRA Applies to State Department Non-Appropriated Fund Instrumentality at Embassy
1.1.1.6 Foreign Employers in United States
No. 0715—Does USERRA Apply to Foreign Employers in the United States?
1.1.1.7 State and Local Governments
No. 89—Enforcement of USERRA Against A State
No. 89c--Clarification
No. 0848 Enforcing USERRA against a State—Part 2
1.1.1.8 Federal Government
No. 34—Applicability of USERRA to Legislative and Judicial Branches
No. 102—Does USERRA Apply to Non-Appropriated Fund Activities?
No. 108—Letter to Federal Agency Concerning USERRA Case Involving an Agency Employee
No. 163—USERRA Applies to State Department Non-Appropriated Fund Instrumentality at Embassy
No. 167—Pension Rights of Federal Employees Returning From Military Service
No. 177—Does USERRA Apply to the Railroad Retirement System?
No. 189—Appellate Review of MSPB Decisions on USERRA
No. 0614—Trilogy of New Rulings Affects Federal Employees
No. 0637—Does USERRA Apply to TSA Screeners?
No. 0727—Federal Government Considered “Model Employer” Under USERRA
No. 0729—Kirkendall-VEOA and Equitable Tolling of Claim
No. 0730—Are Schedule C Employees Protected by USERRA?
No. 0740—Federal Employees Protected from RIF During Military Service
No. 0752—Habit Forming: Federal Circuit Reverses MSPB Two More Times
No. 0755—The Federal Case: A Description of USERRA’s Enforcement Mechanisms for Complaints by Federal Government Employees
No. 0763—The Office of Personnel Management Has Specific Responsibilities under USERRA
No. 0813—Despite Its Longtime Contention, AAFES Is Not Exempt from USERRA
1.1.1.9 Successors in Interest
No. 79—Right To Reemployment With Successor in Interest to Pre-Service Employer
No. 0634—More on Successor in Interest
No. 0723—More on Successor in Interest
No. 0738—Successor in Interest-Continued
No. 0847 Proposed Servicemembers Access to Justice Act
1.1.2 Coverage of Employees
1.1.2.1 Part-Time, Temporary, Probationary and At-Will
No. 101—Does USERRA Apply to Temporary Positions?
No. 0616—Effect of State Employment at Will and Right to Work Law
No. 0621—Does USERRA Apply to Probationary Jobs? Yes
No. 0730—Are Schedule C Employees Protected by USERRA?
No. 0804—USERRA Applies to Employment as Adjunct Professor
1.1.2.2 Independent Contractors and Partners
No. 99—Does USERRA Apply to Partnerships?
No. 192—Physician Regaining Hospital Privileges After Service
1.1.2.3 Employees Who Have Been Laid Off
No. 31—Reemployment Rights After Being Furloughed
No. 39—Possibility of Layoff Before or During Service
No. 0756—Laid Off and Called Up: Layoffs Still Employment Relationships Under USERRA, Other Factors May Keep You From Getting Your Job Back
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1.1.2.4 Students
No. 32—Does USERRA Apply to Students?
No. 187—Does USERRA Apply to Students?
No. 0805—USERRA Does Not Apply To Students—Part 3
1.1.2.5 Executive Employees
No. 0704—The President of the Company Has Rights Under USERRA
1.1.3 Coverage of Kinds of Service
1.1.3.1 Voluntary Service
No. 30—Does USERRA Apply to Voluntary Service?
No. 161—Does USERRA Apply To Voluntary Service—Continued?
No. 0760—Second Careers: USERRA Applies To Retirees Voluntarily Returning to Active Duty
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1.1.3.2 Regular Military Service
No. 0719—Reemployment and Regulars: USERRA Applies to Recruitment of Older Individuals
To Meet Higher Active Duty End-Strength Authorities
No. 0760—USERRA Applies to Retirees Voluntarily Returning to Active Duty
1.1.3.3 National Guard Service
No. 45—USERRA and SSCRA Coverage for National Guard Members
No. 45-Note—USERRA/SSCRA
No. 0620—USERRA Coverage for National Guard Members Assisting in Border Control Efforts
1.1.3.4 PHS Service
No. 46—Coverage of PHS Commissioned Corps
1.1.3.5 NOAA Service
No. 52—USERRA Coverage for NOAA Corps
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1.1.3.6 NDMS Service
No. 100—USERRA Coverage for Intermittent Disaster Response Appointees
1.1.3.7 Examination To Determine Fitness
No. 50--USERRA Coverage for Examination To Determine Fitness
1.1.3.8 Funeral Honors Duty
No. 51—USERRA Coverage for Funeral Honors Duty
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1.1.3.9 Military Family Members
No. 98—Does USERRA Apply to Spouses?
1.1.3.10 Foreign Military Members
No. 0630—Do IDF Reservists Have Reemployment Rights Under USERRA?
1.2 USERRA—Discrimination Prohibited
No. 11—Discrimination Against Reservists
No. 35—Impending Service Results in Immediate Firing
No. 36—Activation Prevents Start of New Job
No. 64—Discrimination in Hiring
No. 122—May We Forbid Current Employees Permission To Join Reserves?
No. 128—New USERRA Case
No. 135—Employer Quotas Revisited
No. 150—Protection from Discrimination-Continued
No. 153—Make-Up Exam After Returning From Service
No. 162—Discrimination Against Recently Separated Veterans
No. 170—Missed Promotion Exam While Mobilized
No. 198—Asking Questions About Reserve Affiliation in Employment Application Forms
No. 205—Recent USERRA Victory
No. 0609—USERRA’s Discrimination Applies Even To “Temporary” Positions of Employment
No. 0610—Where Do I Go for USERRA Assistance?
No. 0631—Is Harassment a Cognizable Claim Under USERRA?
No. 0702—What Are You Thinking?
No. 0731—Another Recent Case on Burden of Proof in USERRA
No. 0739—Burden of Proof in Section 4311 Cases
No. 0746—USERRA Forbids Discrimination in Initial Hiring
No. 0750—Target Hit: National Guard Member Wins USERRA Case Plus Tort Damages Under State Law
No. 0753—A “Motivating Factor”: USERRA Case Reiterates That Military Duty Need Only Contribute To Termination Of Employment To Be A Violation Of Law
No. 0762—Airline Discourages Reserve Service With Contrary Paycheck, Insurance, and Leave Policies
No. 0765—Reservist Loses Job for Collecting Undeserved Benefits
No. 0807—Bonus Bust: Mobilization Deprives Soldier of Earned Bonus at Civilian Job
No. 0841 How NOT To Prove a Discrimination Case Under USERRA
No. 0849 Unlawful to Fire Army Recruit
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1.3 USERRA—Reinstatement
No. 0833 Keep your employer informed about when to expect your return
1.3.1 Eligibility Criteria
1.3.1.1 Left Job for Service and Gave Prior Notice
No. 5—Notice to Your Civilian Employer
No. 63—Effect of Resignation
No. 84—Notice To Civilian Employer
No. 91—Notice & Documentation Requirements
No. 0811—Notice To Civilian Employer Not Requesting a Leave of Absence
No. 0812—Prior Notice To Employer Not Required To Predict Return To Job
No. 0838 Right to Reemployment at the End of the Initial Active Obligated Service
No. 0840 My Mobilization Comes at a Terrible Time for my Employer
1.3.1.2 Character & Duration of Service
No. 6—Character and Duration of Service
No. 42—Progress on Exemptions to the Five-Year Limit
No. 190—Active Duty To Mitigate Damages Does Not Count Toward 5-Year Limit
No. 201—Have I Exceeded the Five-Year Limit?
No. 205—Recent USERRA Victory
No. 0642—Veterans’ Reemployment Rights, USERRA, and Time Limits
No. 0714—USERRA Still Applies in DoD’s Consecutive Call-up Policy
No. 0822—Time Management: Don’t Confuse the Five-Year Limit with the 90-day Deadline
No. 0825—Hard Cases Make Bad Law
No. 0838 Right to Reemployment at the End of the Initial Active Obligated Service
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1.3.1.3 Timely Application for Reemployment
No. 7—Deadline for Returning to Work
No. 60—Escalator Principle Applies to Entire Period of Military-Related Absence
No. 86—Does He Lose His Civilian Job For Failure To Use The Magic Words?
No. 91—Notice & Documentation Requirements
No. 156—Reporting Back To Work After Weekend Drills
No. 178—Bum Scoop Can Have Bad Consequences
No. 180—Returning To Work After Weekend Military Training
No. 0622—Don’t Apply for Reemployment Until You Are Ready to Return to Work
No. 0710—Applying for Reemployment-Continued
No. 0804—USERRA Applies to Employment as Adjunct Professor
No. 0822—Don’t Confuse the Five-Year Limit with the 90-day Deadline
No. 0831—Applying for Reemployment after Military Service
No. 0832—Wounded Warrior’s Rights: Reporting Back to Civilian Job
1.3.1.4 Affirmative Defenses
No. 81—Is It Impossible Or Unreasonable To Reinstate Me?
1.3.2 Entitlements
No. 8—Entitlements of the Returning Veteran
No. 61—Not Necessary To Establish Discriminatory Intent Under Section 4312
No. 0701—No Telepathy Required
No. 0832—Wounded Warrior’s Rights: Reporting Back to Civilian Job
1.3.2.1 Prompt Reinstatement
No. 73—Immediate Reinstatement of Air National Guard Member Who Had Smallpox Vaccination
No. 95—Two Veterans Returning to the Same Position
No. 129—Right To Prompt Reinstatement Despite Temporary Disability
No. 0829—Replacement Employees
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1.3.2.2 Continuous Accumulation of Seniority—Escalator Principle
No. 53—Retroactive Promotion for Recalled Reservist
No. 60—Escalator Principle Applies to Entire Period of Military-Related Absence
No. 191—Sometimes David Does Beat Goliath
No. 0740—Federal Employees Protected from RIF During Military Service
No. 0803—First Supreme Court Case on Reemployment Statute: Fishgold v. Sullivan Drydock & Repair Corp.
No. 0809—Second Supreme Court Case Relating To Reemployment Statute: Trailmobile Corp. v. Whirls
No. 0820—Third Supreme Court Case Relating to Reemployment Statute: Aeronautical Industrial District Lodge 727 v. Campbell
No. 0823—Fourth Supreme Court Case on Reemployment Statute: Oakley v. Louisville & Nashville Railroad Co.
No. 0827—Returning Veterans & NSPS: DoD’s National Security Personnel System generates USERRA complaints
No. 0828—Supreme Law: Fifth Supreme Court Case on Reemployment Statute: Ford Motor Co. v. Huffman
No. 0834 Sixth Supreme Court Case on Reemployment Statute Diehl v. Lehigh Valley Railroad Co., 348 U.S. 960 (1955)
No. 0844 Vacation Days: A recent settlement casts a new light on vacation accrual for Reservists who take time off for military training or service
1.3.2.3 Pension Credit for Service Time
No. 4—Pension Rights
No. 9—Pension Rights Continued
No. 40—Pension Rights Continued
No. 74—Pension Entitlements Under USERRA
No. 75—Pension Rights Revisited
No. 76—Making Up Missed Contributions to Pension Plan
No. 82—Pre-Tax Dollars for Make-Up Pension Contributions
No. 107—Pension Entitlements Apply To Training Duty
No. 119—State Law Cannot Limit Pension Credit
No. 138—Pension Credit for Military Service—Continued
No. 139—Pension Credit for Military Service
No. 167—Pension Rights of Federal Employees Returning From Military Service
No. 0607—How Does USERRA Apply to the Relationship Among Employers and Pension Plan Administrators?
No. 0703—USERRA’s Pension Rules Apply to Short-Term Military Periods
No. 0732—USERRA Applies to Deferred Compensation Plans
No. 0741—Am I Permitted To Make Up Missed Employee Contributions To My Pension Plan After Leaving The Employ Of The Pre-Service Employer?
No. 0757—Buy Back Time: Your Primer on the Civil Service Retirement System in Regards to Military Service
No. 0843 Important New Law for Military Families Affects Civilian Employers
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1.3.2.4 Status of Returning Veteran
No. 79—Right To Reemployment With Successor in Interest To Pre-Service Employer and Status of Returning Veteran
No. 129—Status of the Returning Veteran
No. 134—Employers, Please Don’t Bother Them in Iraq
No. 0747—Russell v. Equal Employment Opportunity Commission
No. 0808—The Meaning in Shift: Daytime Work Is Part of the “Status” to Which the Returning Veteran Is Entitled
No. 0826—Hard Cases Make Bad Law-Part Two
No. 0829—USERRA Overrides the Interests of the Replacement Employee
1.3.2.5 Rate of Pay after Reinstatement
No. 113—Please Don’t Take Away My Pay Guarantee
No. 0827—NSPS and USERRA
1.3.2.6 Health Insurance Reinstatement and Continuation
No. 10—Health Insurance
No. 69—Continuation of Health Insurance Coverage While Deployed
No. 85—Reinstatement of Health Insurance After Military Service
No. 118—Right To Reinstatement of Health Insurance After Service
No. 142—Reinstatement of Your Health Insurance Upon Re-employment
No. 176—Continuation of Civilian Health Insurance Coverage During Military Service
No. 0705—Health Insurance Coverage for Son of Employee
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1.3.2.7 Adequate Rest Before and After Service
No. 70—Adequate Travel & Rest Time Before Reporting for Military Training
No. 70 Update—Adequate Travel & Rest Time Before Reporting for Military Training
No. 117—Time Off From Work Before Mobilization
1.3.2.8 Training or Retraining
1.3.2.9 Accommodations for Disabled Veterans
No. 121—Reemployment of Disabled Veterans
No. 130—Right To Prompt Reinstatement Despite Temporary Disability
No. 136—More on Disabled Veterans
No. 155—Injured National Guard Technician
No. 168—Time Off From Work For Military Medical Treatment
No. 199—Rights of Returning Disabled Veterans-Continued
No. 0633—Limits on Rights of Disabled Veterans
No. 0640—Returning Disabled Veteran to Work: Employers’ Obligations under USERRA
No. 0832—Wounded Warrior’s Rights
1.3.2.10 Furlough or Leave of Absence Clause
No. 41—USERRA Rights During Service
No. 58—Furlough or Leave of Absence Clause Revisited
No. 158—Military Leave of Absence When Mobilized
No. 0844 Vacation Days: A recent settlement casts a new light on vacation accrual for Reservists who take time off for military training or service
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1.3.2.11 Vacations, Holidays, and Days Off
No. 26—Use of Vacation for Military Service
No. 59—Vacation Benefits Under USERRA
No. 103—Do I Have To Work on my Day Off?
No. 140—Do I Have To Work on My Day Off—Part 2
No. 188—Vacation Benefits Under USERRA
No. 0720—Long Term Deployment and Vacation
1.3.2.12 Special Protection Against Discharge, Except Cause
No. 184—Protection From Discharge After Reemployment
No. 0844 Vacation Days: A recent settlement casts a new light on vacation accrual for Reservists who take time off for military training or service
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1.4 USERRA Enforcement
No. 12—Enforcement of USERRA Rights
No. 24—Enforcement of Reemployment Rights Outside the U.S.
No. 61—Not Necessary To Establish Discriminatory Intent Under Section 4312
No. 65—Letter to Department of Justice Regarding USERRA
No. 65 Clarification
No 65 Response—DoJ Response to ROA letter Regarding USERRA
No. 67—Enforcement of USERRA Against Executive Agencies
No. 89—Enforcing USERRA Against A State
No 89 Clarification
No. 93—USERRA Enforcement by OSC (Continued)
No. 108—Letter to Federal Agency Concerning USERRA Case Involving an Agency Employee
No. 115—Can the Employer Sue Me Under USERRA?
No. 148—Good News on USERRA Enforcement
No. 159—Waiving the Fee for Filing a USERRA Appeal
No. 163—USERRA Applies to State Department Non-Appropriated Fund Instrumentality at Embassy
No. 172—USERRA Has Teeth
No. 189—Appellate Review of MSPB Decisions on USERRA
No. 197—Tutorial on USERRA Procedures
No. 200—Is Injunctive Relief Available in a USERRA Case?
No. 205—Recent USERRA Victory
No. 206—Computation of Damages in a USERRA Case
No. 0605—Demonstration Project on USERRA Enforcement Within the Federal Government
No. 0606—Can I Request DOJ Assistance After I Run out of Money To Pay My Lawyer?
No. 0611—Does USERRA Provide for Interest on Back Pay Awards?
No. 0614—Trilogy of New Rulings Affects Federal Employees
No. 0623—GAO Reports on USERRA Enforcement
No. 0632—I Want To Sue the Boss Personally
No. 0637—Does USERRA Apply to TSA Screeners?
No. 0706—KIA and USERRA: A Claim Can Survive the Death of the Plaintiff
No. 0713—Willful USERRA Violation: Judge Determines Company’s Denial of Wrongdoing Is Not Credible
No. 0713 Update: Court of Appeals Affirms District Court decision
No. 0717—You Must Make an Effort To Mitigate Your Damages
No. 0722—Federal Circuit Reverses the MSPB, Again
No. 0726—MSPB Reversed, Yet Again
No. 0727—Federal Government Considered “Model Employer” Under USERRA
No. 0729—Kirkendall-VEOA and Equitable Tolling of Claim
No. 0730—Are Schedule C Employees Protected by USERRA?
No. 0731—Another Recent Case on Burden of Proof in USERRA
No. 0733—City of Columbus Held Not Liable for Suicide of Returning Veteran
No. 0734—GAO Reports on USERRA Enforcement
No. 0737—Right to Trial by Jury under USERRA
No. 0745—Recent Ohio Supreme Court Case on USERRA Enforcement
No. 0747—Russell v. Equal Employment Opportunity Commission
No. 0750—Target Hit: National Guard Member Wins USERRA Case Plus Tort Damages Under State Law
No. 0752—Habit Forming: Federal Circuit Reverses MSPB Two More Times
No. 0753—A “Motivating Factor”: USERRA Case Reiterates That Military Duty Need Only Contribute To Termination Of Employment To Be A Violation Of Law
No. 0754—Firmer Teeth: Legislation Introduced to Enhance USERRA Enforcement
No. 0755—The Federal Case: A Description of USERRA’s Enforcement Mechanisms for Complaints by Federal Government Employees
No. 761—Veterans' Preference Act requires a federal agency to waive maximum age rule.
No 761 Update (July 2008)
No. 0763—The Office of Personnel Management Has Specific Responsibilities Under USERRA
No. 0810—Attempt To Expedite USERRA Enforcement Process
No. 0813—Despite Its Longtime Contention, AAFES Is NOT Exempt From USERRA
No. 0815—New Reporting Requirement for ESGR Cases
No. 0825—Hard Cases Make Bad Law
No. 0826—Hard Cases Make Bad Law-Continued
No. 0844 Vacation Days: A recent settlement casts a new light on vacation accrual for Reservists who take time off for military training or service
No. 0847 Proposed Servicemembers Access to Justice Act
No. 0848 Enforcing USERRA against a State—Part 2
No. 0849 Unlawful to Fire Army Recruit
1.5 USERRA Arbitration
No. 149—You Are Not Required To Arbitrate Your USERRA Complaint
No 149 Update
No. 0619—Mandatory Arbitration Mandate: Court Ruling Sets Back USERRA Enforcement
No. 0639—Mandatory Arbitration-Continued
No. 0847 Proposed Servicemembers Access to Justice Act
1.6 USERRA Statute of Limitations
No. 0724—Does USERRA Have a Statute of Limitations?
No. 0725—Contractual Statute of Limitations Held To Apply To USERRA Case
No. 0729—Kirkendall-VEOA and Equitable Tolling of Claim
No. 0824—USERRA and Statute of Limitations-Continued
No. 0847 Proposed Servicemembers Access to Justice Act
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1.7 USERRA Regulations
No. 120—Letter to Congress About USERRA Regulations
No. 169—Where Oh Where Have The USERRA Regulations Gone?
No. 0604—Department of Labor’s New Regulations Give Reservists a Boost Under USERRA
1.8 USERRA—Relationship Between USERRA and other Laws/Policies
No. 18—USERRA and Employer Policies
No. 25—Use of Federal Government Equipment & Time for Unit Activities
No. 54—Uniformed Service Counts Toward FMLA Thresholds
No. 80—USERRA and the FLSA
No. 90—Key Employee Program
No. 94—USERRA Overrides State Hiring Freeze
No. 106—Don’t Try To Work At Your Civilian Job While On Active Duty
No. 119—State Law Cannot Limit Pension Credit
No. 133—States Laws, USERRA, and a $10,000 Judgment
No. 157—Relationship Between Union Agreements And USERRA
No. 181—Key Employee Program Continued
No. 0748—Federal Law and New York Law Covering Non-Federal Public Employees in New York and Military Service
No. 0765—Reservist Loses Job for Collecting Undeserved Benefits
No. 0803—First Supreme Court Case on Reemployment Statute: Fishgold v. Sullivan Drydock & Repair Corp.
No. 0820—Third Supreme Court Case Relating to Reemployment Statute: Aeronautical Industrial District Lodge 727 v. Campbell
No. 0843 Important New Law for Military Families Affects Civilian Employers
No. 0845 Law Gives Small Businesses Tax Credit on Differential Pay
2.0 Paid Leave For Government Employees Who Are Reserve Component Members.
Under 5 U.S.C. 6323, Federal civilian employees who are members of the National Guard or Reserve receive 120 hours per fiscal year of paid military leave. Most states have similar laws for state and local government employees. The following articles discuss those laws.
No. 33 Paid Military Leave for Federal Employees. November 2001
No. 47 Good News from California. June 2002.
No. 62 Paid Military Leave for Federal Civilian Employees. December 2002
No. 71 Paid Leave for Federal Employees Performing PHS Service. March-April 2003
No.126: Paid Military Leave for Federal Employees
No. 141: Paid Military Leave for Federal Employees Continued (Correction 12/05/04)
No. 151 Federal Employees Who Took Military Leave before 2001 May Be Entitled to Compensation
No. 0614 Trilogy of New Rulings Affects Federal Employees
No. 0752 Habit Forming: Federal Circuit reverses MSPB two more times
No. 0835 Paid Military Leave for Federal Employees on Long-Term Military Duty
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3.0 Reserve Retirement And Civilian Employment.
Section 12736 of title 10 (10 U.S.C. 12736) provides that it is unlawful to deny you civilian employment retirement credit for a period of military service on the grounds that you are receiving Reserve (age 60) retirement credit for the same period of service. This section and its implications are discussed in the following articles.
No. 2 Pension Credit for Military Service that Predates Civilian Employment. March 1998
No. 13 Pension Credit for Pre-Employment Military Service. June 2000
No. 15 Pension Credit for Military Service Continued. August 2000
No. 16 Department Involvement in State Issues. September 2000
No. 21 State Retirement Credit for Military Service. Virginia Agrees with ROA’s Position. December 2000
No. 48 Retirement Benefits for Government Employees Who Are Reservists. July-August 2002
No. 57 State ‘No Double-Dipping’ Rules Violate Federal Law. November 2002
No. 138 Pension Credit for Military Service—Continued
No. 139: Pension Credit for Military Service
No. 167 Pension Rights of Federal Employees Returning from Military Service
No. 0607 How Does USERRA Apply To the Relationship Among Employers and Pension Plan Administrators?
3.1 USERRA-Federal Employment
No. 0637 Does USERRA Apply To TSA Screeners?
4.0 Soldiers’ And Sailors’ Civil Relief Act (SSCRA) And The Servicemembers’ Civil Relief Act (SCRA)
The SSCRA confers many important rights upon military personnel, especially Reserve component personnel called to active duty. On 19 December 2003, President Bush signed the Servicemembers’ Civil Relief Act (SCRA), a comprehensive rewrite of the SSCRA. The SCRA continues the protections included in the SSCRA and adds several important new protections. The following articles deal with the SSCRA and SCRA.
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LTC Cathey v. Bancorp South: David Beats Goliath in Federal Court. October 2001.
No. 45 USERRA and SSCRA Coverage for National Guard Members. June 2002
No. 66 Letter to the Department of Justice About the SSCRA. March-April 2003.
No. 72 Right To Get out of a Lease. March-April 2003
No. 78 Bankruptcy and the SSCRA. June 2003.
No. 88 Right to Continuance of Administrative Hearing. July-August 2003.
No. 92 Going on the Offensive Using Section 590 of the SSCRA. October 2003.
No. 110 Terminating a Vehicle Lease Upon Mobilization
No. 111 Eviction Protection After Mobilization
No. 112 Interest Rate Cap After Mobilization
No. 116 Servicemembers' Civil Relief Act
No. 118 Right to Reinstatement of Health Insurance after Service
No. 191 Sometimes David Does Beat Goliath
No. 0617 SCRA Applies to Bankruptcy Proceedings
No. 0839 SCRA Does Not Apply to Arbitration Proceedings, But It Should
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5.0 Military Service And Family Obligations
No. 22 Division of Military Pension in Divorce. January-February 2001.
No. 38 Mobilization and Family Support. December 2001.
No. 173 Prearranging Funerals and Excluding Relatives
No. 182 Forgotten Military Orphans: Legislative Proposals for Congress to Consider
No. 0635 Child Custody: SCRA can assist deployed servicemembers caught up in child custody cases, but be careful of misusing the law
No. 0641 Bill Introduced To Permit Recallees To Terminate Cell Phone Contracts
No. 0816 Enhanced Leave Entitlements for Family Caregivers of Wounded Warriors
No. 0817 Now You Can Designate Beneficiaries for the Death Gratuity
No. 0819 Congress Emphasizes that SCRA Applies to Child Custody Proceedings
6.0 Internal Revenue Code
No. 68 Tax Tips for the Military—2002. March-April 2003.
No. 82 Pre-Tax Dollars for Make-up Pension Contributions. July-August 2003.
No. 114 The Military Family tax Relief Act of 2003 and How It Affects You
No.124: Serving in a Combat Zone and Your Federal Income Taxes
No.132: Taxability of Employer Payments While You Are Mobilized
No. 137: Taxation of Employer Payments to Reservists and National Guard Members
No. 160: 2004 Federal Tax Return Tips for Reserve and National Guard Members
No. 0845 Law Gives Small Businesses Tax Credit on Differential Pay
7.0 MILITARY VOTING RIGHTS
Military personnel sometimes have difficulty voting and having their ballots counted, especially when they are serving overseas. This subject is covered in the following articles.
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No. 3 Military Voting Rights. May 1998
No. 23 Military Voting Rights. March 2001
No. 43 Military Voting Rights. May 2002
No. 44 Military Voting Rights—Continued. May 2002
No. 49 Voting Rights Letter to State/Local Election Officials. July 2002
No. 55 Voting in Union Elections While Mobilized. October 2002
No. 83 Military Voting Rights. July-August 2003
No. 96 Election Officials Respond to ROA Survey. November 2003
No. 97 New Letter to Election Officials. November 2003
No. 109 New Developments in Military Voting Rights
No. 143 Standby Federal Ballot if You Do Not Receive Your Regular Absentee Ballot
No. 144 Where Am I Supposed to Vote?
No. 145 How Do I Find Information about Candidates and Officials in My Home State?
No. 146 Interim Voting Assistance System
No. 179 Voting in NLRB Elections while Mobilized
No. 193 Election Officials Must Accept The FPCA
No. 194 Federal Law Overrides State “Not Earlier Than” Rules
No. 195 Congress Provides Standard Federal Oath for Military Voting
No. 196 Federal Write-in Absentee Ballot
No. 204 Domicile of Military Spouses for Voting and Taxation Purposes
No. 0601 (old 207) Vote, And Make Sure Your Vote Is Counted
No. 0602 Make Sure Your Vote Is Counted (For UOCAVA Voters)
No. 0603 Virginia Voter Registrar Unlawfully Challenges The Voter Registration Of Military Personnel And Spouses
No. 0618 Military Spouse Voting in Virginia—Problem Solved
No. 0709 Letter to Election Officials About Military Voting
No. 0759 Get In the Vote: GAO issues scathing report on voting woes for military members
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8.0 Veterans' Preference
No. 0761 Veterans' Preference Act requires a federal agency to waive maximum age rule
No. 0761 Update (July 2008)
No. 0850 Veterans’ Preference Act Enforcement
9.0 Miscellaneous
No. 14 Effect of Reserve Drill Pay on Unemployment Compensation. July 2000
No. 16 Department Involvement in State Issues. September 2000
No. 17 Summary of Published Articles. October 2000
No. 19 Promotion Board Consideration of Reserve Officers on Active Duty. December 2000
No. 20 Service Academy Appointments for Children of RC Members. December 2000
No. 27 The Military Whistleblower Protection Act. July 2001
No. 37 Elected Officials and Reserve Duty. December 2001.
No. 90 The ‘Key Employee’ Program. September 2003.
No.125: Legal Assistanceand it's Free
No.131: Criminal Prohibition on Salary Supplement for Reserve or Guard Personnel
No. 147 Professional Malpractice Liability for Recalled Reservists in Health-Care and Legal Services Professions
No. 166 Barring Military Recruiters from College and University Campuses
No. 168 Time Off from Work for Military Medical Treatment
No. 169 Where Oh Where Have the USERRA Regulations Gone?
No. 171 My Professional License Has Expired-Help!
No. 173 Prearranging Funerals and Excluding Relatives
No. 175 Mobilization Issues That Affect You And Your Employer
No. 177 Does USERRA Apply to the Railroad Retirement System?
No. 178 Bum Scoop Can Have Bad Consequences
No. 179 Voting in NLRB Elections while Mobilized
No. 181 Key Employee Program Continued
No. 202 Illinois Leads the Way in Supporting Families of Mobilized Reservists
No. 0606 Can I Request DOJ Assistance After I Run Out Of Money To Pay My Lawyer?
No. 0608 I'm Not Dead Yet: If Social Security Says You're Dead, Get a Second Opinion
No. 0612 Supreme Court Gets It Right
No. 0615 Under UCMJ, right to free speech does not mean anything goes
No. 0638 Interest Rate Reduction to 6 Percent After Mobilization
No. 0708 Stolen Valor Act Signed into Law
No. 0721 Veterans’ Preference Act
No. 0742 Predatory Lending: Servicemembers get new protections from some loan practices.
No. 0743 Death Gratuity and the “Blended” Military Family
No. 0744 How the Death Gratuity Could Be Better Handled for Forgotten Military Orphans: Legislative Proposals for Congress to Consider
No. 0748 Federal Law and New York Law Governing Non-Federal Public Employees in New York and Military Service
No. 0749 USERRA Primer
No. 0751 Rules Change for Flying Flag at Half-Staff
No. 0757 Buy Back Time: Your primer on the Civil Service Retirement System in regards to military service
No. 0764 High School Recruiting: Military recruiters have access to secondary schools
No. 0802 Way Back Pay: Legislation addresses retroactive promotions for World War II Navy and Marine Corps POWs
No. 0802-Update
No. 0806 Taxation of Disability Retirement Payments
No. 0806-Update
No. 0814 Vets May Give a Military Salute Thanks to Benefits-Filled NDAA
No. 0818 My Professional License Has Expired-Part 2
10.0 Supreme Court
No. 0612 Supreme Court Gets It Right
No. 0803—First Supreme Court Case on Reemployment Statute: Fishgold v. Sullivan Drydock & Repair Corp.
No. 0820—Third Supreme Court Case Relating to Reemployment Statute: Aeronautical Industrial District Lodge 727 v. Campbell
No. 0828 Fifth Supreme Court Case on Reemployment Statute, Ford Motor Co. v. Huffman
No. 0842 Seventh Supreme Court Case on Reemployment Statute McKinney v. Missouri-Kansas-Texas Railroad Co.
No. 0846 Eighth Supreme Court Case Relating to Reemployment Statute Tilton v. Missouri Pacific Railroad Co., 376 U.S. 169 (1964)
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