USERRA Advisor

USERRA provides for the continuation of health benefit coverage for persons who are absent from work to serve in the military. If a person's health plan coverage would terminate because of an absence due to military service, the person may elect to continue the health plan coverage for up to 24 months after the absence begins, or the period of absence, whichever is shorter. The person cannot be required to pay more than 102% of the full premium for the coverage -- if the military service was for 30 or fewer days, the person cannot be required to pay more than the normal employee share of any premium. See 20 CFR Parts 1002.163 - 1002.171.

On return from service, health insurance coverage must be reinstated without any waiting period or exclusions for preexisting conditions, other than waiting periods or exclusions that would have applied even if there had been no absence for uniformed service. This rule does not apply to the coverage of any illness or injury determined by the Secretary of Veterans' Affairs to have been incurred in, or aggravated during, performance of service in the uniformed service.

For additional information, contact your local VETS office.

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