Absent Uniform Service (AUS) and Return Duty (RTD) as a Technician WV National Guard Absent Uniform Service (AUS) and Return Duty (RTD) as a Technician TSgt Freda Harmon Human Resource Specialist

Agenda Purpose and Scope AUS Explained and Applicable Employees Process Employee Responsibilities Supervisor Responsibilities AUS and Technician leave Benefits and Entitlements -AUS Timeliness and Impacts Illustrated Returning to Duty Benefits and Entitlements – RTD Common Issues Additional Information Introduction Basic Entitlements Exceptions Protections Reemployment Rights Procedures Additional Information Review & Wrap-up

Purpose & Scope As dual status employees, the requirement to serve often interferes and causes lengthily absence from technician employment. OPM now REQUIRES the HRO to take certain processing steps when a technician goes on orders that EXCEED 30 days in duration. This block of instruction will give supervisors an understanding of both supervisor and employee requirements, benefits, and impacts of the process of going AUS and RTD. As a member of the Armed Forces Reserve Component, one should have a basic understanding of: What USERRA means & How it works successfully for military members

Absent Uniform Service (AUS) Explanation and Applicable Employees Effective March 28, 2010 EVERY permanent technician must be placed in an AUS status by the HRO (whether in PAY or NONPAY status) if the military order EXCEEDS 30 days. NOT OPTIONAL AUS and RTD are physical personnel actions that generate an SF 50 in the technician record. Also commonly referred to as: Military LWOP LWOP – MIL Military Furlough See Handout – HRO Bulletin 08-204 Old rules no longer apply. The old mindset was that an action only had to be taken by HRO if an employee was going to be in a non-pay status, i.e. not double dipping, for 30 consecutive days. This is inaccurate. Every technician on orders that are over 30 days must be placed in AUS via an SF 52 and outprocessing. Previously called Leave without pay (LWOP) and you had to be in a non paid status for over 30 days

Process for Placing Technicians into AUS Status An SF 52 (Request for Personnel Action) for Absent Uniformed Service MUST be submitted IN ADVANCE to the HRO for processing and must include: A copy of military orders A copy of ATAAPS projected leave plan. Benefits Out-processing Checklist to include projected leave plan. Receive a briefing with HRO so you have a clear understanding of your entitlements based on our interpretation of your order. (Completion of a checklist without counseling can result in negative impacts) HRO processes the AUS action, and all benefits associated transactions concerning FEHB, TSP, FEGLI, and NGAUS as applicable Failure to notify HRO in advance will result in negative impact to benefits and situations which create debts Old rules no longer apply. The old mindset was that an action only had to be taken by HRO if an employee was going to be in a non-pay status, i.e. not double dipping, for 30 consecutive days. This is inaccurate. Every technician on orders that are over 30 days must be placed in AUS via an SF 52 and outprocessing. Recommend submission of both the AUS and RTD SF52 at onset of military orders. The RTD will be held in suspense. Note to supervisors: For employees entering military duty for an extended period of time (i.e. stat tour, AGR, etc.) it is the responsibility of the employee to keep the agency apprised of extensions to orders

Supervisor Responsibilities Submit the SF 52 well in advance to allow for appropriate routing through multiple sections. HRO cannot action without an AUS packet (SF 52, orders, and a completed checklist) Ensure your employee schedules a brief with HRO staff so they understand their elections and options. Briefings can be accommodated: In person with HRO staff (We ask if you bring small groups you schedule in advance. Via phone for remote deployers Group facilitated briefings for large groups Communicate all order modifications to the HRO When submitting 52 well in advance allow for processing time through FSS, Commander signature, and distribution to the HRO. Recommend submission of both the AUS and RTD SF52 at onset of military orders. The RTD will be held in suspense. (Until we deploy DCPDS to the field. Then the process will change. Note to supervisors: For employees entering military duty for an extended period of time (i.e. stat tour, AGR, etc.) it is the responsibility of the employee to keep the agency apprised of extensions to orders

Employee Responsibilities Communicate with your supervisor about your orders Schedule a briefing with HRO in advance and bring full AUS packet detailed in the previous slide. Bring orders. Without orders we cannot determine benefit eligibility an advise you of your options. Not all orders provide the same benefits. Bring a copy of your LES Provide appropriate supervisor / timekeeper POC Recommend submission of both the AUS and RTD SF52 at onset of military orders. The RTD will be held in suspense. Note to supervisors: For employees entering military duty for an extended period of time (i.e. stat tour, AGR, etc.) it is the responsibility of the employee to keep the agency apprised of extensions to orders

Absent-US and Leave You may use the following paid Leave while in Absent- US (5 C.F.R. 353.208) Accrued annual leave under 5 U.S.C. 6304 Military leave under 5 U.S.C. 6323 Compensatory Time for Travel 5 U.S.C. 5550b Sick Leave under 5 U.S.C. 6307 (if appropriate under such service) EXCEPTION- Once you are placed in AUS, the system will not accept the coding of regular Compensatory Time (CT) Comp Time for Travel – CB when earned, CF when used

Absent-US and Leave If paid leave is used while in Absent- US benefits premiums are still owed and all standard deductions still occur Monitor and retain copies of both civilian and military LES’s. This helps identify issues early.

Benefits and Entitlements The AUS benefits checklist addresses the following benefits while in AUS if applicable: FEHB – One of the most impacting FEGLI NGAUS FSA’s FEDVIP FLTC Insurance TSP Loans –One of the most impacting The checklist covers elections and information related to all of the above benefits however the two most impacting elections where we see the most issue are concerning FEHB and TSP so the next two slides discuss those specific challenges.

Benefits and Entitlements FEHB Entering AUS and gaining Tricare is considered a qualifying life event (QLE) allowing either cancellation or termination. There is a DIFFERENCE. A Termination is accomplished through the HRO only in conjunction with order start date HRO will reinstate coverage upon RTD Does not break continuity of coverage for retirement A Cancellation is a PERMANENT action done through ABC-C and is required when a member: Gains Early Tricare Elects to Waive Reinstatement due to TAMP upon RTD It is the member’s responsibility to call ABC-C and re-elect Both you and your employee need to understand the difference and the impacts FEHB rules allow 60 days following a QLE (loss of Tricare upon return to duty) to elect coverage. If the member misses this window there are no exceptions to re-elect coverage. They will HAVE to wait until open season. ABC-C will make the effective date of the reinstatement the beginning of the next pay period. If your employee is on an order that does NOT convey TAMP coverage, and their Tricare ends in conjunction with their order end date, but FEHB is not elected until weeks following, a break in coverage exists for the member and could effect their 5 year window of continuity for carrying that coverage in retirement. MISCONCEPTION : Title 10 Contingency Orders, Free FEHB – If you Cancel with ABC-C due to gaining early Tricare to save the premium cost while you are not on orders, there is no provision for us (the HRO) to then “reinstate it” at the start of your contingency order so it will be free. You have cancelled and the only way to undo a cancellation is a new election through ABC-C based on a QLE. There is no QLE for starting a contingency order. When a member is deployed and elects to retain free FEHB it is not benefiting the member. The government is paying your share of the premiums for the duration of your deployment but Tricare is covering you 100%. The possible benefit can come if a member has dependents that still need to continue use of the coverage. For the deployed member Tricare is primary, for dependants FEHB is primary, and Tricare is secondary. It is a cost vs benefit issue that should be analyzed on a case by case basis.

Benefits and Entitlements TSP Thrift Savings Account Encourage Military TSP contributions HRO will suspend your TSP loan If TSP is NOT notified and your TSP loan defaults over 90 days, it can be declared a taxable distribution Reference Handout TSP Fact Sheet on Effect of NonPay Status and Benefits that apply upon RTD and FAQs

Timeliness and Impacts Scenarios

Questions? Scenario FEHB is primary for dependants – Secondary for the service member. What if we never placed someone in AUS? What if we fail to return someone to AUS? 5 March 170 19 March 170 2 April 170 16 Apr 170

Returning to Duty (RTD) An SF 52 (Request for Personnel Action) is also required for RTD and MUST be submitted in advance along with any orders modifications. YOUR TECHNICIAN CANNOT BE CODED FOR PAY in the system until HRO actions the SF 52 Ensure your employee receives a “reverse briefing” and inproceses through the HRO on their FIRST day back to work if at all possible An HRO representative will process the RTD action, and brief your employee on all benefits associated with returning, and accomplish all transactions to reinstate any previously terminated benefits. Retroactive processing of a RTD SF52 also delays related benefits processing which can create debt and termination of benefits due to nonpayment. HRO Cannot reinstate your benefits if we don’t have a completed checklist.

RTD and Benefits FEHB – If coverage was cancelled or terminated it will be reinstated. Can waive immediate reinstatement to use transitional Tricare for up to 180 days Loss of coverage under Tricare constitutes a Qualifying Life Event (QLE) and can allow election or change if not previously enrolled The following Benefits will be reinstated automatically unless employee elects to waive: FEGLI: FSA/LTC/ FEDVIP/NGAUS Technician Insurance/TSP Loan Premiums reinstated automatically upon RTD Employees have 60 days following RTD to make Qualifying Event/ Open Season elections Loan will be re-instated and will have 60 days to elect missed TSP contributions (Need all military LES’s) FEHB Common issue: If the employee was not placed on AUS (and FEHB was not terminated) then FEHB 5 yr requirement for retirement Considered to have continuous coverage if: Terminated enrollment is reinstated immediately upon reemployment OR Immediate reinstatement was waived, at employee’s request, to use Transitional TRICARE and reinstated prior to retirement

RTD and Benefits Thrift Savings Plan (TSP) Loan payments reinstated automatically with TSP 41 Agency automatic 1% contribution is automatically credited to the employees account upon return Employee may request to make Retroactive TSP contributions for the period of AUS. Amount owed is subject to offset by military TSP contributions. Request and all supportive military LES’s must be provided within 60 days of return HRO initiates, DFAS calculates and notifies employee of amount owed.

Common Issues with RTD No or late notification of RTD HRO can no longer process transactions retroactively due to ABC-C roles and oversight Military deposits (buyback) paid leave while on AUS can be backed out of the calculations for buyback but must have documentation Copy of ATAAPS leave forms or timecards for older periods FEHB Termination Vs Cancelation Process has changed Delay in what returning employee see on LES Discuss the recent changes in process with ABC-C vs HRO responsibilities, how FEHB transactions reject in our system because they no longer correspond with the beginning of a pay period, and that requires us to reach out to DFAS to get the transaction to flow. This will cause returning members to see a delay concerning the reinstatement of their FEHB on the LES.

Timeliness and Impacts Scenario

Questions? Scenario FEHB is primary for dependents – Secondary for the service member. What if we never placed someone in AUS? What if we fail to return someone to AUS?